Vote: approved

Item Text

PZ-8. NWC OF GERMANN RD. & LINDSAY RD. Case #: Z2015096 Supervisor District: 1 Applicant & Owner: Shaine Alleman, Tiffany & Bosco, P.A. / Texture Masters Inc. and Heather Litton Request: Zone Change from Rural-43 to C-3 CUPD Site Location: Generally located at the northwest corner of Germann Rd. and Lindsay Rd. in the Gilbert area. Site Size: Approximately 7.24 acres Commission Recommendation: On 3/10/16, the Commission voted 7-0 to recommend approval of Z2015096 subject to conditions ‘a’ – ‘l’: a. Development of the site shall comply with the exhibit entitled “Conceptual Commercial/Self Storage Facility”, consisting of 1 full-size sheet, dated January 26, 2016 and stamped received February 22, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “NWC of Lindsay Road & Germann Road”, consisting of 11 pages, dated February 4, 2015, and stamped received February 4, 2016 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter from Gilbert 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. The following Engineering comments shall apply: 1. The site is partially within a regulated Special Flood Hazard Areas (Zone AH). Prior to any development on the site, a Floodplain Use Permit must be obtained. 2. Any development in Zone AH must meet the requirements specified in the Floodplain Regulations for Maricopa County. An Elevation Certificate will be required for each building in the floodplain. Any volume displacement in the floodplain area shall be equally compensated within the same ponding floodplain area. Any effective lateral conveyance in the floodplain must be preserved. 3. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 4. Lindsay Road and Germann Road are within the jurisdictional limits of the Town of Gilbert. The applicant must coordinate any right-of-way dedications and offsite road improvements with the Town of Gilbert. g. A Commercial Unit Plan of Development (CUPD) shall be applied to this site. The CUPD shall vary development standards with regard to parking standards for the indoor storage facilities. Development of the site shall otherwise adhere to the development standards of the base zoning district. h. The following C-3 CUPD regulations shall apply to the mini-storage facilities: 1. A minimum of 5 parking spaces plus 2 ADA parking spaces for Building A; 2. A minimum of 9 parking spaces for building B; 3 . A minimum of 9 parking spaces for the Phase II mini-storage building; and, 4. If applicable, a minimum of 2 parking spaces for each onsite caretaker dwelling unit. i. The CUPD overlay shall also restrict the use of the site. Until such time as the site is served by sewer or effective annexation by the Town of Gilbert, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. j. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. It is required, the owner/developer to prepare a Stormwater Pollution Prevention Plan and obtain approval by Maricopa County Environmental Services Department (MCESD) prior to construction. (A separate submittal to MCESD would be required.) It is required, upon completion of construction, the owner to fulfill MCESD requirements and obtain a post-construction stormwater permit. k. If applicable, the site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. l. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the initial construction permit or construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015096 which details the status of this project, including progress on obtaining construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors Board upon recommendation by the Planning and Zoning Commission for consideration of amendments or revocation of zoning for the parcel. (C-44-16-059-M-00)