Vote: approved

Item Text

12. WEST VALLEY RV, AUTO & BOAT STORAGE Case #: Z2020016 Supervisor District: 4 Applicant / Owner: Glenn Davis, GRD Development LLC / SMT Investors, Limited Partnership Request: Zone change from C-2 WHSC & Rural-43 WHSC to C-3 CUPD WHSC to accommodate a commercial storage facility Site Location: Generally located on the southwest corner of Montgomery Rd. and Highway US 60 in the Surprise area Commission Recommendation: On 10/22/20, the Commission voted 7-0 to recommend approval of Z2020016 subject to conditions ‘a’ – ‘n’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “West Valley RV, Auto and Boat Storage”, consisting of four pages, dated July 6, 2020, and stamped received August 31, 2020, except as modified by the following conditions. b. The following Planning Engineering conditions shall apply: 1. Re-plat of the Churchill South 2 subdivision is required to vacate the public alleys that exist throughout the site. Vacation of the alleys are subject to approval by the County Real Estate Department. 2. Road improvements to Montgomery Road must be provided in accordance with the MCDOT approved Traffic Impact Study. 3. Engineering review of planning and/or zoning cases is for conceptual design only. 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. 4. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for approval and acquisition of building permits. c. The following Luke Air Force Base and Luke Air Force Auxiliary 1 condition shall apply: The West Valley RV, Auto & Boat Storage shall notify future occupants/tenants that they are located near a military airport with the following language: “You are located within the territory in the vicinity of a military airport, however aircraft flying in this area are authorized to fly as low as 1,500 feet above the ground. You will be subject to direct overflights and noise from Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes an average of approximately 165 overflights per day. Although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from Barry M. Goldwater Gunnery Range and other flight areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from, 7 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. For further information, please review the Luke Air Force Base’s website at www.luke.af.mil/urbandevelopment or contact Maricopa County Planning and Development Department.” d. All habitable buildings built on this site shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). e. Sound attenuation measures shall be incorporated into the building design to achieve a 45-decibel (average day/night weighted) interior noise level due to the proximity of the adjacent railroad tracks. f. Prior to approval of the Plan of Development all of the parcels that make up the site shall be combined as one property with a newly assigned APN. g. Prior to approval of a Plan of Development a re-plat of Tract ‘D’ and Lot 21 of the Churchill South No. 2 subdivision to vacate the public alley and half-width right-of-way of Mitchell Rd. on the site shall be recorded. h. Prior to approval of a Plan of Development a MCDOT Right-of-Way Reduction Waiver shall be submitted and approved that addresses the reserved right-of-way along the Mid-Section Lines on the site. i. Prior to approval of a Plan of Development the developer shall provide Deeds for APN 503-48-004 for proof of ownership. j. The CUPD shall limit use of the site to a commercial storage facility or other use acceptable to the Maricopa County Environmental Services Department to have wastewater disposal via on-site septic system. k. The following C-3 CUPD standards shall apply: 1. Minimum front yard setback of ten feet regardless of adjacent zoning districts; 2. Maximum height for fences of ten feet; 3. Minimum landscape buffer on the site along Highway US 60 of ten feet; l. 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. m. 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. n. 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 never been granted. (C-44-21-117-X-00)

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