Vote — approved

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

9.MARBELLA WELL SITE NO. 2 Case #: Z2021136 Supervisor District: 4 Applicant & Owner: Teresa Valentine, Valentine Environmental Engineers / Liberty Utilities Request: Plan of Development for a well site in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Approximately 2,900 feet west of El Mirage Rd. and 2,430 feet south of Northern Ave. in the Glendale area Commission Recommendation: On 4/21/22, the Commission voted 8-0, to recommend approval 

Item Text

9. MARBELLA WELL SITE NO. 2 Case #: Z2021136 Supervisor District: 4 Applicant & Owner: Teresa Valentine, Valentine Environmental Engineers / Liberty Utilities Request: Plan of Development for a well site in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Approximately 2,900 feet west of El Mirage Rd. and 2,430 feet south of Northern Ave. in the Glendale area Commission Recommendation: On 4/21/22, the Commission voted 8-0, to recommend approval of Z2021136 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Liberty Utilities Marvella Well Site No. 2“, consisting of 7 full-size sheets, dated February 11, 2022, and stamped received February 11, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Liberty Utilities Marbella Well Site No. 2 Plan of Development Narrative Report - Revised”, consisting of 7 pages, dated February, 2022, and stamped received February 11, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. At the time of Building Permit, provide detailed Engineered Grading and Drainage Plans to show how the entire disturbed area will flow into the retention basin. 2. The building Permit for Marabella wellsite No 2 cannot have the Final Inspections until after the Building Permit B20200905 and its MCDOT Permits have been finaled. 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. 5. Any construction in MCDOT Right-of-Way of Northern Avenue must have a MCDOT Right-of-way Permit. d. 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. 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 service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. 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 Plan of Development. The Plan of Development enhances the value of the property above its value as of the date the Plan of Development is granted and reverting to the prior zoning results in the same value of the property as if the Plan of Development had never been granted. (C-44-22-200-X-00)

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