Vote — approved

Steve Gallardo	yes
Jack Sellers	abstain
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

10.LEWELLEN INDUSTRIAL Case #: Z2020072 Supervisor District: 2 Applicant / Owners: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Rusty & Allyson Lewellen Request: Rezone from Rural-43 to I-2 IUPD for Contractor Yards Site Location: Generally located on the southwest corner of Mesquite St. and 202nd Place in the east Mesa area Commission Recommendation: On 12/10/20, the Commission voted 8-0 to recommend approval of Z2020072 subject to conditions ‘a’ – ‘l’: a. Development of the site 

Item Text

10. LEWELLEN INDUSTRIAL Case #: Z2020072 Supervisor District: 2 Applicant / Owners: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Rusty & Allyson Lewellen Request: Rezone from Rural-43 to I-2 IUPD for Contractor Yards Site Location: Generally located on the southwest corner of Mesquite St. and 202nd Place in the east Mesa area Commission Recommendation: On 12/10/20, the Commission voted 8-0 to recommend approval of Z2020072 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Site Plan consisting of 1 full-size sheet, dated September 22, 2020, and stamped received October 1, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report consisting of 5 pages, dated September 2020, and stamped received November 18, 2020, except as modified by the following conditions. c. The following Engineering conditions shall apply: 1. At the time of the Building Permit, the Engineered Grading and Drainage Plans must show the drywells will not be directly connected to the catch basins. The water must pass through the underground storage on the way to the drywells. The drywells must be Maxwell Plus or equivalent dual-chamber drywell. 2. At the time of the Building Permit, the underground storage must go according to the checklist: https://www.maricopa.gov/DocumentCenter/View/3972/Combined-Engineered-Plan-Submittal-Checklist-for-Commercial-PDF 3. 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 the Maricopa County Drainage Policies and Standards. 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. d. The following Flood Control District Conditions shall apply: 1. The applicant should be aware that the Flood Control District of Maricopa County has conducted a major floodplain delineation study in this area. The East Maricopa County Area Drainage Master Study (ADMS) is available for use by developers. New development in the watershed is expected to acknowledge and assess their project for compatibility with the ADMS. Deviations from the ADMS must be documented, and an engineering analysis provided that shows the deviations do not increase downstream flood peaks, volumes or other flood hazards. A copy of the East Maricopa County ADMS is available at the Maricopa County Flood Control District office for review. e. The following Maricopa County Department of Transportation conditions shall apply: 1. For any equipment (conduit F/O, etc.) or work that will be extended to, or within the MCDOT R/W, a design sheet must be submitted for MCDOT review to Ms. Kelly Roy, Utility Branch Coordination Manger, 602-506-8603 or Kelly.Roy@mail.maricopa.gov f. The following IND-2 IUPD standards shall apply: 1. Max Building Height: 40’ 2. Minimum Front Yard: 5’ 3. Site Enclosure and Screening Requirements: Outdoor storage of products and materials may exceed the height of the enclosure, but they shall not exceed 12'. Stored vehicles and related shade structures may not exceed a height of 40'. g. The IND-2 IUPD overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. h. Phoenix-Mesa Gateway Airport Authority condition shall apply: 1. Any proposed permanent, or temporary, structure is subject to an FAA filing for review in conformance with CFR Title 14 Part 77 (Form 7460) to determine any effect to navigable airspace and air navigation facilities. If an FAA filing is requested, an FAA determination notice of no hazard to air navigation shall be provided. i. The applicant/property owner shall submit a ‘will serve’ letter 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. j. 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. k. 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. l. 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. (C-44-21-168-X-00)

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