Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

5.0 Term of the Agreement to extend through December 31, 2022. E. Revise 10.0 Funding, Invoicing and Payment to include the following and the invoicing process:10.1 The County shall provide funding under Catalogue of Federal Domestic Assistance (CDFA) 21.027 American Rescue Plan Act State and Local Fiscal Recovery Funds provided to the County through the U.S. Department of Treasury. 10.2 The Agreement total funding amount is $2,987,030, which is separated by activity as follows:10.2.1 $1,285,970

Item Text

5. MARRS CORPORATE OFFICES Case #: Z2021037 Supervisor District: 3 Applicant & Owner: Dan Filuk , KDF Architectural Group, LLC / Tim Marrs, Marrs Construction Request: Zone Change from Rural-43 to IND-2 IUPD with a Plan of Development for a corporate office with outdoor storage of construction equipment and vehicles Site Location: Generally located ½ mile southwest of the southwest corner of 7th Ave. and Happy Valley Rd. in the Phoenix area Commission Recommendation: On 2/10/22, the Commission voted 7-0, to recommend approval Z2021037 subject to the following conditions ‘a’ – ‘h’: a. A Plan of Development is approved subject to site plan entitled “Marrs Corporate Offices” consisting of three full-sized sheets, dated December 20, 2021, and stamped received December 21, 2021. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IND-2 IUPD development standards approved by the Board of Supervisors. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the approved site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Marrs Construction – Corporate Offices”, consisting of six pages, dated October 11, 2021, and stamped received October 12, 2021, except as modified by the following conditions. c. The IUPD zoning on this site shall restrict uses to office and construction storage. d. The following Planning Engineering conditions shall apply: 1. The off-site flows across 11th Avenue into the site must be maintained. 2. At the time of application for building permits, retention basin side slopes can be designed with 3:1 side slopes , except that a minimum 12-foot wide section must be designed with 4:1 side slopes to provide a “safety ramp”. This “ramp” must connect to the GSA with binder or other accessible area of the site. 3. No improvements shall be permitted within the unabandoned portions of the Federal Patent Easements surrounding the site. 4. Drainage review of planning/ 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 Polices and Standards. 5. All development and engineering design shall be in conformance with Section 1205 0f the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 6. The entire site and adjacent half-street’s runoff shall be retained onsite. If portions of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-street’s runoff shall be retained, unless separately addressed by the other jurisdictions. 7. Sufficient retention volume shall be provided on-site to retain the required 100-year, two-hour runoff from all contributing areas. Retention basins with stormwater depths exceeding one-foot shall provide one-foot of freeboard. 8. All retention basins shall drain within 36 hours per County requirements. e. The following IND-2 IUPD standards shall apply: 1. The use of six-foot-high fences with screening materials shall be used for screening. 2. The use of compacted asphalt millings with a petroleum binder shall be used to minimize dust pollution emanating from driveways, parking areas, and storage areas. 3. Outdoor storage shall be allowed in both the required front and street side yards of the property. 4. There shall be no landscaping in both the required front and street side yards of the property. f. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection services will be provided to the facility. Prior to issuance of the certificate of occupation, local fire protection review and approval will be required. g. 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. h. 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-44-22-151-X-00)

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