Z2019078 BOS REPORT.PDF

Maricopa County — Formal (2021-02-10)

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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: February 10, 2021
Case #/Title: Z2019078 – Thompson Event Center
Supervisor District: 1
Applicant/Owner: William E. Lally, Tiffany & Bosco, P.A./ WAT Property 1901, LLC
Request: Zone change from Rural-43 to C-3 CUPD to enable the
development of amusement, entertainment, and
commercial land uses
Site Location: Generally located approximately 828’ north of the northeast
corner of Alma School Rd. and Red Mountain Frwy.
Site Size: Approximately 36 acres
County Island Status: Yes (City of Mesa)
Additional
Comments: The property is located north of the northeast corner of Alma
School Rd. and the Red Mountain Frwy. in the Mesa area.
Presently, the site is located within the Rural-43 zoning district
and the applicant is requesting a Zone Change to C-3 CUPD.
The rezoning of the property will accommodate a variety of
amusement, entertainment and commercial land uses on the
site. Proposed uses on the subject property are an
entrainment enterprise, outdoor amusement park, and
potentially a billboard to advertise along the adjacent
freeway. Potential typical elements will include amusement
rides, event tents, entertainment stages, playing fields, and
other uses permitted in the C-3 zoning district, but with
limitations.
There are no outstanding concerns from reviewing agencies.
The City of Mesa has been notified of this request and as of
the date of this report no comments were received. The Salt
River Pima-Maricopa Indian Community has been notified.
Their primary opposition concerned visitors using the land
between the site and Alma School Rd. for access, which
would involve trespassing onto their jurisdiction. The applicant
will be working with MCDOT to develop a new driveway to
access the site from the south that will not be in the jurisdiction
of the Salt River Pima-Maricopa Indian Community until an
February 10, 2021
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access agreement from Alma School Rd. to the site can be
negotiated.
Commission
Recommendation: On 1/14/21, the Commission voted 6-0 to recommend
approval of Z2019078 subject to conditions ‘a’ – ‘k’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Thompson Event Center”, consisting of one full-size sheet, dated
November 6, 2020, and stamped received November 9, 2020, except as modified
by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Thompson Event Center”, consisting of 11 pages, dated
November 6, 2020, and stamped received November 9, 2020, except as modified
by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to drainage
design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further
review and/or entitlement.
2. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
3. Engineering review of planning and/or zoning cases is for conceptual
design only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.
4. The project limits are located within a Special Flood Hazard Area. The
FEMA Flood Zones are AE Floodway & Floodplain and X. The Floodway is
called Salt River South Split. New development in the watershed is
expected to acknowledge and assess their project for compatibility with
the Floodway/Floodplain. For more information about the Floodway and
Floodplain contact Richard Harris of the District at (602) 506-4528 for
specific information about the FEMA Flood Zones.
5. The applicant must coordinate with the Maricopa County Department of
Transportation (MCDOT) to properly access the site. The applicant must
coordinate with the MCDOT to dedicate the appropriate Right-of-Way.
February 10, 2021
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6. Access to the property will need to be established during the Plan of
Development.
7. The Traffic Impact Study will be reviewed at the time of the Plan of
Development.
d. The following Maricopa County Department of Transportation conditions shall
apply:
1. If access to the site from Alma School Rd. cannot be negotiated with the
Salt River Pima-Maricopa Indian Community then the east access
proposed in the Driveway Analysis, dated August 4, 2020, must be improved
to meet MCDOT standards. These include, but not limited to, adjusting the
access to intersect closer to 90 degrees with Alma School Rd., providing a
southbound left turning lane in the raised median. Left turn out form the
site onto Alma School Rd. must be restricted by the installation of a curbed
median at the east access point (refer to figure 7.2 in the MCDOT Roadway
Design Manual).
2. A traffic control plan must be submitted and approved by MCDOT prior to
any large events on the site.
3. Any Plan of Development for off-site signage shall be processed without
the need for traffic improvements.
e. Only the following uses shall be permitted in this CUPD:
1. Churches and houses of worship, including columbarium subject to the
conditions listed in Article 803.2(11) of the Zoning Ordinance.
2. Privately owned or operated stations for fire protection, police or security
service, ambulance or other emergency providers.
3. Private clubs and fraternal organizations.
4. Marijuana dispensary facilities, subject to the conditions listed in Article
804.2 (45) of the Zoning Ordinance.
5. Amusement enterprises, outdoor amusement parks, circus, and carnival
grounds with permanent facilities.
6. Auction sales and feed stores with indoor storage.
7. Dance halls and nightclubs, including outdoor amplified music, except
adult oriented facilities.
8. Drive-in or outdoor theater.
9. Miniature golf courses, driving ranges, and outdoor racetracks.
10. Mobile home, travel trailer, and recreation vehicle sales and services.
February 10, 2021
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11. Permanent facilities for rodeos, auctions, swap meets, campgrounds, and
sites rented for private parties.
12. Commercial storage facilities of mobile homes, manufactured homes,
travel trailers, recreation vehicles, boats, and aircraft.
13. Public or private outdoor recreation uses and facilities, including structures,
fields, courts, playgrounds, parks, and nature exhibits.
14. Spectator sport and music facility, including arenas, riding stables, water
based recreational arenas, resort, group camos, auditoriums, concert halls,
outdoor amphitheaters, music shells, and other outdoor recreation.
15. Ancillary uses to the above permitted primary use.
f. The following C-3 CUPD and commercial signage development standards shall
apply:
1. Maximum height for amusement structures, excluding signage, of 140-feet.
2. Minimum front and side yards of zero feet.
3. Property lines adjacent to rural/residential zoned properties shall not be
screened.
4. Maximum height for freestanding signs of 65-feet, regardless of adjacent
zoning districts.
5. Maximum sign area for freestanding signs of 500 square feet and no
required setbacks for freestanding signs.
6. One freestanding sign oriented and located adjacent to the Red Mountain
Frwy. and Alma School Rd. irrespective of proximity of any driveway.
7. The square footage of any freestanding sign shall not be included in the
square footage calculation of the total number of other freestanding signs.
8. Maximum height for off-site signs of 65-feet.
9. Maximum sign area for off-site signs of 675 square feet and no required
setbacks for off-site signs.
g. All existing buildings/structures on site shall either be removed or obtain a required
commercial construction permits prior to occupancy or establishing a commercial
use.
h. Unless an access agreement can be made with the Salt River Pima-Maricopa
Indian Community there shall be no access to the site from Alma School Rd. on
land in the jurisdiction of the Salt River Pima-Maricopa Indian Community.
February 10, 2021
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i. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
j. The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
k. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, the property shall revert to the zoning that existed on the date
of application. It is, therefore, stipulated and agreed that either revocation due
to the failure to comply with any conditions, does not reduce any rights that
existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held
on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the
Zone Change is granted and reverting to the prior zoning results in the same value
of the property as if the Zone Change had never been granted.
Presented by: Martin Martell, Planner
Reviewed by: Darren Gérard, AICP, Planning Manager
Attachment: 1/14/21 P&Z Packet (30 pages)
Note: 1/14/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
February 10, 2021
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2019078 – Thompson Event Center
Hearing Date: January 14, 2021
Supervisor District: 1
Applicant: William E. Lally, Tiffany & Bosco, P.A.
Owner: WAT Property 1901, LLC
Request: Zone change from Rural-43 to C-3 CUPD to enable the development
of amusement, entertainment, and commercial land uses
Site Location: Generally located approximately 828’ north of the northeast corner
of Alma School Rd. and Red Mountain Frwy.
Site Size: Approximately 36 acres
Density: N/A
County Island: Yes (City of Mesa)
County Plan: Rural Development Area (0-1 du/ac)
Municipal Plan: City of Mesa – Employment Character Area
Municipal Comments: Comments have been received from the Salt River Maricopa-Pima
Indian Community who have concerns about trespassing from
visitors to the site onto their jurisdiction
Support/Opposition: None known
Recommendation: Approve with conditions
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Project Summary:
1. The property consists of 36.39 acres and is located approximately 828 feet north of the
northeast corner of Alma School Rd. and Red Mountain Frwy. in the Mesa area. Presently,
the site is located within the Rural-43 zoning district and the applicant is requesting a Zone
Change to C-3 CUPD (General Commercial Unit Plan of Development). The rezoning of
the property will accommodate a variety of amusement, entertainment and commercial
land uses on the site. Proposed uses on the subject property are an entrainment
enterprise, outdoor amusement park, and potentially a billboard to advertise along the
adjacent freeway. Potential typical elements will include amusement rides, event tents,
entertainment stages, playing fields, and other uses permitted in the C-3 zoning district,
but with limitations. The applicant is proposing to allow the following uses with this CUPD
request, each of these listed uses are permitted in the C-3 zoning district:
 Churches and houses of worship;
 Privately owned or operated stations for first responders;
 Private clubs and fraternal organizations;
 Feed Stores (inside storage only);
 Marijuana dispensaries;
 Amusement enterprises;
 Outdoor amusement park;
 Auction sales, including swap meet operations;
 Circuses and carnival grounds with permanent facilities;
 Dance halls and nightclubs with outdoor amplified music, excluding adult-
oriented facilities;
 Drive-in or outdoor theater;
 Minatare golf-courses and golf driving ranges;
 Sales and Service of recreational vehicles, mobile homes, and travel trailers;
 Outdoor racetracks;
 Facilities for rodeos, campgrounds, and sites rented for private parties
 Commercial storage of manufactured homes, mobile homes, travel trailers.
Recreational vehicles, boats, and aircraft;
 Public or private outdoor recreational uses facilities.
2. The existing property was developed as industrial mining operation for the excavation of
sand and gravel for the manufacture of concrete starting in the early 1960s. The
operation does have an approved Mining Exemption (LU20120019) but has not been in
use for several years and arguably, the land-use has been abandoned. As a result of the
mining operation the property has several buildings built in the 1970s that may have no
recorded building permits or inspections. One of the recommended condition of
approval is that any structure on the property while the sand & gravel facility was in
operation shall submit for as-built building permits and have the structures inspected to
ensure the safety of the buildings or remove any structure that has been deemed unsafe
by a building inspector.
3. Prior to the submission of this zone change request, the property owner had submitted six
Temporary Use Permit (TUP) request on this site, starting in 2015. These temporary events
were for an October Halloween Event and Fall/Music Festival consisting of haunted house
tour, laser tag, outdoor concerts, seasonal markets, and other amusement uses. The
event started in late September and ended in early November. It appears that each
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year these events gradually became more intense with more traffic and visitors. On three
different TUP Approval Letters the applicant has been informed temporary events, such
as what the applicant proposed, required a Special Use Permit (SUP). Moreover, prior to
the first TUP submittal, staff met with the property owner to start the SUP process for a
special event/family entertainment facility. The SUP would have been a solution that
eliminated the need for TUPs and create a site for amusement/entertainment uses.
Arguably, this zone change of the property will still allow the site to be used as an
amusement/entertainment venue eliminating the need for a TUP for events on the site.
On August 15, 2019, after the fifth TUP submittal, the applicant’s TUP request was heard
before the Board of Adjustment who approved the TUP, with a condition that the
applicant submits a request for zoning entitlement on the site to allow for a permanent
amusement venue (TU2019018).
4. The applicant is requesting a CUPD on the subject site varying development standards in
order to offer flexibility to accommodate large amusement rides, circus tents, zip-lines,
tight ropes, and future signage. The applicant is requesting to vary the following C-3
development standards:
 Increase maximum structure height to 140 feet (excluding buildings and signage),
from the required 40 feet, in order to accommodate tall amusement structures.
 Removal of required screening along property lines adjacent to rural/residential
zoned parcels, since the residentially zoned property to the east is in a floodplain.
 Adjust the required height for freestanding signs to 65 feet, where 24 feet is the
maximum height for freestanding signs in a commercial zoning district, due to the
distance the site is to the adjacent freeway.
 Increase the sign area for a freestanding sign to 500 square feet, from the required
120 square feet for freestanding signs in a commercial zoning district, due to the
site’s distance to the adjacent freeway.
 Removal of required setbacks for freestanding signs in a commercial zoning
district to address issues of spacing from the freeway.
 Increase of the height for billboards to 65 feet, from the required 30 feet for
billboards in a commercial zoning district, because of the distance the site is from
the freeway and the varied elevation grades of the site that would obscure a 30-
foot tall billboard.
 Removal of the required setbacks for billboards and illuminated billboards in a
commercial zoning district to address issues of spacing from the freeway and the
fact that the residentially zoned site to the east is in a floodplain.
 Removing the required front/side yard setbacks on the site, from the required 10-
foot yard setbacks for front/side yards to mirror adjacent industrial zoned lots.
Below on the next page is the C-3 CUPD Development Standards Table.
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2020 Aerial Image
Zoning Map
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Zoning Exhibit
Existing On-Site and Adjacent Zoning / Land Use:
5. On-site: Rural-43 (Mining Exemption)/ Abandoned mining operation
North: NR (Salt River Pima-Maricopa Indian Community) / Floodplain
South: IND-2 IUPD / Industrial uses
East: RM-4 (Mesa) / Floodplain
West: NR (Salt River Pima-Maricopa Indian Community)/Floodplain
Utilities and Services:
6. Water: Private well
Wastewater: Private septic system
School District: Mesa Unified School District
Fire: Rural Metro
Police: MCSO
Right-of-Way:
7. Although the site is not directly on Alma School Rd., access to the site will be provided by
a new driveway that allow access to the site from the east side of Alma School Rd. Ideally
direct access to Alma School Rd. would be from the west property line of the site;
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however, the area between the west property line and Alma School Rd. is in the
jurisdiction of the Salt River Pima-Maricopa Indian Community. Currently, the Salt River-
Pima-Maricopa Indian Community is not granting access from Alma School Rd. to the
subject site in this area. Therefore, the property owner will be working closely with
Maricopa County Department of Transportation (MCDOT) during the Plan of
Development stage to work out a viable access driveway of the site that will be 477 feet
south of the southwest corner of the site, if access cannot be negotiated with the Salt
River Pima-Maricopa Indian Community. MCDOT prefers the new driveway to be
improved to meet MCDOT standards, including, but not limited to, adjusting the access
to intersect closer to 90 degrees with Alma School Rd.; provide a southbound left turn
lane in the median; and left turns out from the site to be restricted by the installation of a
curbed median in the new driveway; or other possible improvements, see proposal
below.
8. The following table includes existing and proposed half-width right-of-way and the future
classification based upon the MCDOT Major Streets and Routes Plan.
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
Alma School Rd. 55’ 55’ Major Arterial
Adopted Plan:
9. Mesa 2040 General Plan (adopted June 16, 2014): The General Plan designates the site
within the West Mesa Economic Character Area. This economic activity area covers a
large area that includes several districts. The primary unifying element of this activity area
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is the opportunity for redevelopment and intensification based on transit services. One
of the focuses of this activity area is employment opportunities, such as business parks,
office parks, warehousing, and manufacturing facilities. The proposed entertainment and
commercial uses of the site will offer a variety of employment opportunities to the area.
Public Participation Summary:
10. The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the property and notification by first class mail to adjacent property
owners within 300 feet of the subject parcel, with notification to interested parties. As of
the date of this report, there has been no comments or opposition received.
Outstanding Concerns from Reviewing Agencies:
11. There are no outstanding concerns from reviewing agencies. The City of Mesa has been
notified of this request and as of the date of this report no comments were received. The
Salt River Pima-Maricopa Indian Community has been notified. Their primary opposition
concerned visitors using the land between the site and Alma School Rd. for access, which
would involve trespassing onto their jurisdiction. The applicant will be working with
MCDOT to develop a new driveway to access the site from the south that will not be in
the jurisdiction of the Salt River Pima-Maricopa Indian Community until an access
agreement from Alma School Rd. to the site can be negotiated.
Staff Analysis:
12. The site is inappropriate for residential development. The location of a site with limited
access along a major arterial, such as the subject site, makes traditional commercial uses
of the property difficult. However, due to its somewhat isolated location the site is
appropriate for amusement/entertainment land uses or billboards, since the surrounding
properties are open space, floodplains, mining uses, and industrial uses to the south.
Furthermore, the site is separated from residential land uses by a 12-lane freeway and
sound attenuation screening makes any amusement/ entertainment land uses
appropriate for the site. The request to increase the height of amusement structures, such
as rides, climbing walls, zip-lines, and tents is suitable since these types of uses are typically
taller than the maximum 40-foot required height for structures in the C-3 zoning district.
Due to the distance from the freeway and various changes in the natural grade of the
site does decrease the visibility of the site. Increasing the height for any freestanding sign
makes since for this location. Moreover, the distance from the freeway, changes in
elevation, and height of the freeway’s center barrier makes modifications for billboards
appropriate in order to increase the visibility for motorist along the freeway.
13. Presently, access to the site using abandoned mining truck driveways is a challenge;
however, the property owner will be working with MCDOT to develop a new driveway
that will meet the requirements of the Maricopa County Roadway Design Manual in
proceeding Plans of Development for the site. Concurrently, the property owner will work
on negotiations with Salt River Pima-Maricopa Indian Community to access the site
directly with Alma School Rd. Thus, access to this site by a new driveway will be enhanced
with vehicular traffic safety in mind.
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14. This request would end the need of the applicant to submit for Temporary Use Permits for
often yearly events, offering the property owner an opportunity to develop the site to be
a suitable as a full time amusement/ entertainment facility and expanding to offer other
commercial uses that will be confined by this CUPD request. Therefore, staff is
recommending approval of this zone change request.
Recommendation:
15. For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘k’.
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Thompson Event Center”, consisting of one full-size sheet, dated
November 6, 2020, and stamped received November 9, 2020, except as modified
by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Thompson Event Center”, consisting of 11 pages, dated
November 6, 2020, and stamped received November 9, 2020, except as modified
by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to drainage
design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further
review and/or entitlement.
2. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
3. Engineering review of planning and/or zoning cases is for conceptual
design only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.
4. The project limits are located within a Special Flood Hazard Area. The
FEMA Flood Zones are AE Floodway & Floodplain and X. The Floodway is
called Salt River South Split. New development in the watershed is
expected to acknowledge and assess their project for compatibility with
the Floodway/Floodplain. For more information about the Floodway and
Floodplain contact Richard Harris of the District at (602) 506-4528 for
specific information about the FEMA Flood Zones.
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5. The applicant must coordinate with the Maricopa County Department of
Transportation (MCDOT) to properly access the site. The applicant must
coordinate with the MCDOT to dedicate the appropriate Right-of-Way.
6. Access to the property will need to be established during the Plan of
Development.
7. The Traffic Impact Study will be reviewed at the time of the Plan of
Development.
d. The following Maricopa County Department of Transportation conditions shall
apply:
1. If access to the site from Alma School Rd. cannot be negotiated with the
Salt River Pima-Maricopa Indian Community then the east access
proposed in the Driveway Analysis, dated August 4, 2020, must be improved
to meet MCDOT standards. These include, but not limited to, adjusting the
access to intersect closer to 90 degrees with Alma School Rd., providing a
southbound left turning lane in the raised median. Left turn out form the
site onto Alma School Rd. must be restricted by the installation of a curbed
median at the east access point (refer to figure 7.2 in the MCDOT Roadway
Design Manual).
2. A traffic control plan must be submitted and approved by MCDOT prior to
any large events on the site.
3. Any Plan of Development for off-site signage shall be processed without
the need for traffic improvements.
e. Only the following uses shall be permitted in this CUPD:
1. Churches and houses of worship, including columbarium subject to the
conditions listed in Article 803.2(11) of the Zoning Ordinance.
2. Privately owned or operated stations for fire protection, police or security
service, ambulance or other emergency providers.
3. Private clubs and fraternal organizations.
4. Marijuana dispensary facilities, subject to the conditions listed in Article
804.2 (45) of the Zoning Ordinance.
5. Amusement enterprises, outdoor amusement parks, circus, and carnival
grounds with permanent facilities.
6. Auction sales and feed stores with indoor storage.
7. Dance halls and nightclubs, including outdoor amplified music, except
adult oriented facilities.
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8. Drive-in or outdoor theater.
9. Miniature golf courses, driving ranges, and outdoor racetracks.
10. Mobile home, travel trailer, and recreation vehicle sales and services.
11. Permanent facilities for rodeos, auctions, swap meets, campgrounds, and
sites rented for private parties.
12. Commercial storage facilities of mobile homes, manufactured homes,
travel trailers, recreation vehicles, boats, and aircraft.
13. Public or private outdoor recreation uses and facilities, including structures,
fields, courts, playgrounds, parks, and nature exhibits.
14. Spectator sport and music facility, including arenas, riding stables, water
based recreational arenas, resort, group camos, auditoriums, concert halls,
outdoor amphitheaters, music shells, and other outdoor recreation.
15. Ancillary uses to the above permitted primary use.
f. The following C-3 CUPD and commercial signage development standards shall
apply:
1. Maximum height for amusement structures, excluding signage, of 140-feet.
2. Minimum front and side yards of zero feet.
3. Property lines adjacent to rural/residential zoned properties shall not be
screened.
4. Maximum height for freestanding signs of 65-feet, regardless of adjacent
zoning districts.
5. Maximum sign area for freestanding signs of 500 square feet and no
required setbacks for freestanding signs.
6. One freestanding sign oriented and located adjacent to the Red Mountain
Frwy. and Alma School Rd. irrespective of proximity of any driveway.
7. The square footage of any freestanding sign shall not be included in the
square footage calculation of the total number of other freestanding signs.
8. Maximum height for off-site signs of 65-feet.
9. Maximum sign area for off-site signs of 675 square feet and no required
setbacks for off-site signs.
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g. All existing buildings/structures on site shall either be removed or obtain a required
commercial construction permits prior to occupancy or establishing a commercial
use.
h. Unless an access agreement can be made with the Salt River Pima-Maricopa
Indian Community there shall be no access to the site from Alma School Rd. on
land in the jurisdiction of the Salt River Pima-Maricopa Indian Community.
i. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
j. The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
k. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, the property shall revert to the zoning that existed on the date
of application. It is, therefore, stipulated and agreed that either revocation due
to the failure to comply with any conditions, does not reduce any rights that
existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held
on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the
Zone Change is granted and reverting to the prior zoning results in the same value
of the property as if the Zone Change had never been granted.
Presented by: Martin Martell, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (11 pages)
MCESD comments (1 page)
DPR comments (2 pages)
Salt River Pima-Maricopa Indian Community comments (2 pages)
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