Extracted text (via pymupdf_layout)
31857 characters
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 Z2019078 Page 1 of 5 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 Z2019078 Page 2 of 5 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 Z2019078 Page 3 of 5 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 Z2019078 Page 4 of 5 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 Z2019078 Page 5 of 5 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 Z2019078 Page 1 of 12 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 Z2019078 Page 2 of 12 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. Z2019078 Page 3 of 12 Z2019078 Page 4 of 12 2020 Aerial Image Zoning Map Z2019078 Page 5 of 12 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; Z2019078 Page 6 of 12 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 Z2019078 Page 7 of 12 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. Z2019078 Page 8 of 12 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. Z2019078 Page 9 of 12 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. Z2019078 Page 10 of 12 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. Z2019078 Page 11 of 12 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) Z2019078 Page 12 of 12