Vote — approved

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

10.INDICAP – OLIVE & REEMS Case #: Z2021155 Supervisor District: 4 Applicant & Owner: Kurt Jones, Tiffany & Bosco, P.A./ Lateral 20, LLC Request: Zone change major amendment of the IND-2 IUPD development standards to accommodate an industrial development with a precise plan of development Site Location: Generally located ¼ mile northwest of the NWC of Olive Ave. and Reems Rd. in the Glendale area Commission Recommendation: On 5/12/22, the Commission will vote on this case to either recommend app

Item Text

10. INDICAP – OLIVE & REEMS Case #: Z2021155 Supervisor District: 4 Applicant & Owner: Kurt Jones, Tiffany & Bosco, P.A./ Lateral 20, LLC Request: Zone change major amendment of the IND-2 IUPD development standards to accommodate an industrial development with a precise plan of development Site Location: Generally located ¼ mile northwest of the NWC of Olive Ave. and Reems Rd. in the Glendale area Commission Recommendation: On 5/12/22, the Commission will vote on this case to either recommend approval or denial of this zone change major amendment. If the recommendation is to approve Z2021155, staff recommend the following conditions ‘a’ – ‘l’: a. A Plan of Development is approved subject to site plan entitled “Indicap – Olive and Reems” consisting of ten full-sized sheets, dated March 28, 2022, and stamped received March 29, 2022. 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 “Indicap, Inc. – Olive Ave. & Reems Rd.”, consisting of ten pages, dated March 28, 2022, and stamped received March 29, 2022, except as modified by the following conditions. c. Development of the site shall be generally consistent with the Landscape Plan entitled “Indicap – Olive and Reems”, consisting of nine pages, dated March 28, 2022, and stamped received March 29, 2022, except as modified by the following conditions. d. The following Planning Engineering comments shall apply: 1. Earthen berms used to retain or convey runoff must contain an eight-foot-wide top width. Use of concrete lined channels negate this requirement. 2. Surface retention basins deeper than one foot must contain one foot of freeboard. 3. Retention basins, including underground retention systems, must drain within 36 hours. 4. The areas identified to provide access from Reems Road contain Special Flood Hazard Areas (FEMA Zone A); and also contain lands owned or encumbered by the Flood Control District (FCD). In addition to floodplain use permitting, ROW permitting will be required by the FCD, see https://www.maricopa.gov/5657/Permits#row for more information. The FCD ROW permit must be procured prior to issuance of any building permit(s). 5. Access to the site will be though a private easement through Maricopa County Flood Control District property. The applicant must demonstrate it has legal access to the site prior to the issuance of building permit(s). 6. Access to 159th Avenue shall be gated and be used only for emergency access. 7. Prior to issuance of building permit(s), the owner/ developer must contribute $118,820.00 towards the cost of new traffic signal at the Olive Avenue / Reems Road intersection which is planned to be part of MCDOT TIP Project TT0562. 8. A dedicated southbound right-turn lane and northbound left-turn lane at Access A (Reems Road & Hatcher Road alignments) must be constructed as part of the site’s development. MCDOT permit(s) for said work shall be issued prior to or concurrent with any building permit(s). 9. The owner/developer must coordinate with MCDOT and City of Glendale DOT for the new traffic signal design and installation along with the final geometry of Access A and Hatcher Road alignment for review and approval. Traffic signal design and installation will be based on the approval from the City of Glendale. Such approvals (emails, letters etc.) must be demonstrated prior to building permit issuance. 10. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits to demonstrate how flow from each respective drainage area will be directed to its designated retention basin. This shall include the requirement to provide calculations to substantiate the storm drain design; and retention basin slope protection at areas that will receive direct inflow from paved areas and at concentrated inflow locations. 11. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 12. 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. e. All buildings subject to noise attenuation as per ARS § 28-8482(B). f. The master developer shall notify future tenants or owners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Structures should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 the Barry M. Goldwater Gunnery Range and other flight training 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 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. g. The following IND-2 IUPD development standards shall apply: 1. There shall be a maximum height of 49’ for any structure. 2. There shall be no screening along the site’s eastern and southern boundaries. 3. Outdoor industrial uses or enclosures shall encroach into any required street side yard. 4. There shall be a minimum side yard of 25-feet adjacent to any rural or residential zoning district. 5. All structures shall be prohibited within 100-feet from both the R1-35 and R1-6 RUPD zoning boundary to the north portion of the site. 6. Any outdoor light sources within the 100-foot buffer area shall have a maximum height of 12-feet and fully shielded. 7. There shall be a minimum 25-foot deep landscape buffer along the length of the northern site boundary. 8. Adult oriented businesses, retail cannabis businesses, and residential uses shall be prohibited. h. The developer shall create a lot re-delineations of the southern portion of parcel 501-41-006N with a lot combination of parcel 501-41-006U prior to issuance of permits. i. Continued compliance with the approval of CPA2020005 and Z202012 as applicable. j. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. 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 amendment. The Zone Change amendment enhances the value of the property above its value as of the date the Zone Change amendment is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change amendment had never been granted. (C-44-22-203-X-00)

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