Vote: approved

Item Text

PZ-4. J&D RENTALS Case Number: Z2011022 Supervisorial District: 5 Applicant/Owner: Gallagher & Kennedy, PA Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Southwest corner of 43rd and Larson Rd. (in the Laveen area) Site Size: Approximately 5.1 acres Commission Recommendation: Approval of Z2011022 by a vote of 7-0 subject to conditions ‘a’ – ‘p’ as shown below: a. Development of the site shall comply with the site plan entitled “Site Plan for J&D Rentals, LLC“, consisting of four (4) full-size sheets, dated revised April 15, 2013, and stamped received April 29, 2013, except as modified by the following conditions. Within thirty (30) days of Board of Supervisor’s (BOS) approval, the applicant shall submit two (2) complete sets of a revised site plan showing the corrections to the sight visibility triangles, correction in lot coverage and the IUPD table. b. Development of the site shall be in conformance with the Narrative Report entitled, “J&D Rentals, LLC Narrative Report”, consisting of sixteen (16) pages, dated revised April 26, 2013, except as modified by the following conditions. c. The approval of this case is contingent on the approval of the requested IUPD. Any changes in the intensity of development or to the specified use of the facility will require a major amendment of this entitlement and the owners may be required to ensure connection to the City of Phoenix sewer system. d. The following J&D Rentals IND-2 Industrial Unit Plan of Development standards shall apply: Requested Deviations from the IND-2 Zoning District Standards for J&D Rentals Standard Description IND-2 Zoning District Standard Proposed IND-2 IUPD Zoning District Standards Front Yard – North Parcel Front yard open setback reduced to 18’ to allow existing CMU walls. All properties abutting public street shall have an open setback area for the full width of the property. Abutting any major street, section line road, State or Federal Highway no less than 20 feet. 18’ open landscape region to include shrubs, accent plants and groundcover along 43rd Ave. Front Yard Setback – South Parcel Front of the south parcel is segment along Larson Rd. All properties abutting a public street shall have an open setback area extending the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the setback line or the ultimate right-of-way line of a local street, and shall be of a depth as indicated below: Abutting local streets not less than ten feet. Request to establish the front yard setback along the frontage of 43rd Ave. with elimination of the required 20’ open yard setback along Larson Rd. for access along Larson Rd. for emergency access only. Street Side Yard Setbacks - South parcel Street side of the southern parcel is segment along 43rd Ave. Access to the site is from 43rd Ave. request to design the site with frontage to be established along 43rd Ave. Side Yard: None required Front Yard: All properties abutting public street shall have an open setback area for the full width of the property. Abutting any major street, section line road, State or Federal Highway no less than 20 feet. 15’ open landscape region to include shrubs, accent plants and groundcover along 43rd Ave. Side Yard Setback – South parcel Side yard (west property line) adjacent to Rural-43 zoned property Where a lot is adjacent to rural or residential zoning district, there shall be a side yard on the side of the lot adjacent to such rural or residential zoning district having a width of not less than five feet. 0’ setback to allow existing CMU wall to remain near property line. Existing CMU walls within the Sight Visibility Triangles – North and south parcels North parcel, the caretaker’s driveway is 20’ wide with a depth of 17’ to the gate. The access driveway is 35’ wide with a depth of 51’ to the gate. The height of the cab and the additional 18’ open landscape setback from the ROW to the wall provides visibility for vehicles entering and exiting the site. South parcel, the driveway is 30’ wide with a depth of 45’ to the gate. The height of the cab and the additional 15’ open landscape setback from the ROW to the wall provides visibility for vehicles entering and exiting the site. 1111.4.1 Further, in commercial and industrial zoning districts no structure, landscaping, fence, wall, terrace or other obstruction to view in excess of two feet in height, measured from the established elevation of the nearest street centerline, shall be placed within the triangle formed by measuring along street-side property line and driveway length a distance of 25 feet from their point of intersection and by connecting the ends of the respective 25 feet distances. Caretaker’s driveway and access driveway – the CMU walls encroaches into SVT’s on northern parcel. Access driveway – the CMU walls encroaches into the SVT’s on the southern parcel. e. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. f. The following Maricopa County Department of Transportation (MCDOT) condition shall apply: The applicant shall provide a total half-width of right-of-way for the following roadway: 43rd Avenue 55 feet (for parcel 104-76-005G) All such dedication shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the applicant shall provide the County an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right-of-way Dedications Reference Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the applicant. Right-of-way dedication shall occur within six (6) months of approval of this request by the Board of Supervisors and prior to zoning clearance. g. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. h. The following Drainage Review conditions shall apply: 1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 2. Drainage 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. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. j. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. k. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, servicing the site. l. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). m. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. n. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). o. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. p. 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. (C-44-13-108-M-00)