Vote — approved

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

6.LEWELLEN 1.25 INDUSTRIAL Case #: Z2021058 Supervisor District: 2 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Rusty Lewellen, AZ Contractor Holdings, LLC Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD with a Plan of Development (POD) Site Location: Generally located 1,425 ft. east of the SEC of Hawes Rd. and Mesquite St., in the Mesa area Commission Recommendation: On 9/9/21, the Commission voted 7-0 to recommend approval of Z2021058 subject to c

Item Text

6. LEWELLEN 1.25 INDUSTRIAL Case #: Z2021058 Supervisor District: 2 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Rusty Lewellen, AZ Contractor Holdings, LLC Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD with a Plan of Development (POD) Site Location: Generally located 1,425 ft. east of the SEC of Hawes Rd. and Mesquite St., in the Mesa area Commission Recommendation: On 9/9/21, the Commission voted 7-0 to recommend approval of Z2021058 subject to conditions ‘a’ – ‘ i ’: a. A Plan of Development is approved subject to site plan entitled “Construction Yards for Rusty & Allyson Lewellen,” consisting of 1 full-size sheet, dated July 6, 2021, and stamped received July 9, 2021. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IUPD development standards as approved by the Board of Supervisors. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezone and Industrial Use Permit (IUPD) Application for 20221 E. Mesquite Street, Mesa, AZ,” consisting of 6 pages, dated July 2021, and stamped received July 9, 2021, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Septic facilities not shown. When submitting the plans for a building permit include the septic facilities on the plans. Maintain a minimum 25 ft. separation between septic facilities and the underground retention. 2. E. Mesquite Street is along a midsection alignment requiring preservation of 40 feet half width future right-of-way per Maricopa County Zoning Ordinance Section 1105 per email by MCDOT Planning, Lynndsay O’Neill (lynndsay.oneill@maricopa.gov). 3. E. Mesquite Street north half is within jurisdiction of the City of Mesa. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 4. The site is accessed through a series of public and private easements that comprise 202nd Place. 202nd Place has not been accepted by the County; and is therefore not maintained by the County. 5. The subject site is not located within the County’s Urbanized Area and thus will not require a Storm Water Pollution Prevention Permit (SWPPP) from the County. This does NOT preclude the requirement to obtain a Construction General Permit (CGP) Notice of Intent to Discharge (NOI) from the State (ADEQ), as may be required. 6. Retention basin(s) underground storage must drain within 36 hours. 7. 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. d. The following IND-2 IUPD standards shall apply: 1. Front yard (north): 0 ft. 2. Outdoor material storage may exceed the height of the enclosure, but shall not exceed 12 ft. and outdoor vehicle storage may not exceed a height of 40 ft. e. The IND-2 IUPD overlay is applied to restrict the use of the site to allow an office/warehouse storage building and outdoor contractor material storage yards. f. Prior to issuance of a building permit, written confirmation ( i.e. “will serve” letter) 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. g. 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. h. 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. i . 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 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-44-22-350-X-00)

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