Vote — approved

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

8.ENVIROTECH GROUP Case #: Z2021137 Supervisor District: 5 Applicant & Owner: Arno Naekel, Davillier Law Group / Steve Elsner Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located at the SWC of Campbell Ave. & 355th Ave. Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend approval of Z2021137 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit“, consi

Item Text

8. ENVIROTECH GROUP Case #: Z2021137 Supervisor District: 5 Applicant & Owner: Arno Naekel , Davillier Law Group / Steve Elsner Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located at the SWC of Campbell Ave. & 355th Ave. Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend approval of Z2021137 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit“, consisting of 1 page, dated July 2, 2022, and stamped received September 6, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Narrative Report Envirotech Group”, consisting of 6 pages, dated revised September 13, 2022, and stamped received September 13, 2022 except as modified by the following conditions. c. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of any 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. d. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise Plan of Development, no development approval is inferred by this review, including, but not limited to drainage design, access, and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A Plan of Development shall be required for any future development should the zone change application be approved (i.e. building expansion). Any development must ensure that historic drainage patterns are maintained at the up and downstream limits of development; provide for storm water retention of new development area(s); and will require an engineered grading and drainage plan. 3. A traffic impact study must be submitted with any future entitlement application(s) (i.e. plan of development), unless otherwise waived by MCDOT. 4. Dedication of right-of-way for the arterial (65’) alignment fronting the site (355th Avenue) may be required as part of future entitlement application(s). 5. 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. The following IND-2 IUPD Zoning District standards shall apply: 1. Parking – A minimum of 10 regular parking stalls shall be developed including 1 ADA space to accommodate employees and 1 space per 900 sq. ft. of floor area shall be required thereafter 2. Uses Permitted – Manufacturing or assembly of electrical appliances, electronic instruments and devices, optical goods, precision instruments, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers and crystal holders; accessory buildings and uses customarily incidental to the above uses; commercial storage of mobile homes, manufactured homes, travel trailers, recreation vehicles, boats and aircraft; construction equipment, including sales, service, rental and storage, and one single-family dwelling or caretaker residence. Until such time as the site is served by sewer and water, of the uses permitted, the uses on site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic and well. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. f. No more than ten (10) individuals other than the owner are permitted to be employed on the site. g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time a Plan of Development and initial construction permit must be obtained. h. 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. i . 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. j. 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, and at the time of expiration of the Zone Change, 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, or the expiration of the Zone Change, 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 or expiration of the Special Use Permit. 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-44-23-097-X-00)

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