Vote: approved

Item Text

PZ-1. LOOP 202 & WARNER IUPD Case #: Z2015078 Supervisor District: 2 Applicant & Owner: William Lally, Tiffany & Bosco P.A./ Frederick Tuffly Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Northwest corner of Loop 202 and Warner Road Site Size: Approximately 1.5 acres Commission Recommendation: 11/9/15, the Commission voted 6-0 to recommend approval of Z2015078 subject to conditions ‘a’ – ‘m’: a. Development of the site shall comply with the exhibit entitled “Zoning Exhibit with (IUPD) Industrial Unit Plan of Development Request to Rezone from RU-43 to IUPD/IND-2”, consisting of 2 full-size sheets, dated September 28, 2015 and stamped received November 3, 2015 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “202 & Warner Application for IUPD and Zone Change”, consisting of 7 pages, dated October 30, 2015, and stamped received November 2, 2015 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter from Mesa Fire Department for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. Noncompliance with any Maricopa County Regulation or condition of approval shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 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. e. 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 owner 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, a hearing shall be scheduled with the Board of Supervisors for consideration to revert 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. f. Warner Road is County right-of-way and actively maintained roadway. Any improvements in the MCDOT Right-of-Way (ROW) must be shown on the plans, subject to MCDOT standards. A ROW permit shall be required for any work in the MCDOT ROW. A MCDOT Application and Certificate of Liability Insurance will need to be submitted as well. This permit will be administered through Planning & Development together with the building permit. g. Any application for site development must include a grading and drainage plan prepared by a licensed civil engineer in accordance with Planning & Development Form 706 (Preliminary Plat Phase) & Forms 705 & 712B (Final Plat & Building Permit Phase). h. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. i. An Industrial Unit Plan of Development (IUPD) shall be applied to this site. The IUPD shall vary development standards with regard to off-site advertising sign/billboard. Development of the site shall otherwise adhere to the development standards of the base zoning district. The following IND-2 IUPD standards shall apply: j. The following IND-2 IUPD regulations shall apply: 1. Off-site sign height: 76’ 2. Off-site sign maximum size: 672’ 3. Rear yard setback: 0’ 4. Side yard setback: 0’ 5. Setback to RU-43: 1’ 6. Setback to RU-43 for illuminated off-site sign: 1’ k. The zoning exhibit referred to in condition ‘a’ shall serve as the Plan of Development (POD) for the proposed billboard. A separate Plan of Development (POD) shall be submitted for administrative review and approval for the proposed vehicle storage area, or any other use of the site (other than agricultural or other uses statutorily exempted from the County’s zoning authority). This POD must be approved prior to issuance of any construction permits. l. The IUPD overlay shall also restrict the use of the site. Until such time as the site is served by sewer or effective annexation by the City of Mesa, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. m. IND-2 IUPD zoning approval is conditional per Maricopa County Zoning Ordinance Article 304.6. Within three (3) years of Board of Supervisors’ approval, there shall be a completed construction permit for the proposed billboard or the Plan of Development is considered void. Within three (3) years of Board of Supervisors’ approval there shall be administrative approval of a Plan of Development for an industrial use (other than a billboard) or the zoning may be considered for reversion to Rural-43 at public hearing of the Board of Supervisors after recommendation by the Planning and Zoning Commission. (C-44-16-030-M-00)