Vote — approved

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

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

7. ALL TRUCKS AUTO PARTS Case #: Z2022126 Supervisor District: 5 Applicant & Owner: Kurt Waldier , AICP - Beus Gilbert MacGroder PLLC / Mohamed Jassim – CPS Engineering LLC/Enzo Towing LLC Request: Zone Change from Rural-43 to IND-3 IUPD with a Plan of Development (POD) for large truck repair and part sales business Si te Location: Generally located approx. 2,654’ west of the southwest corner of 35th Ave. and Broadway Rd. in the south Phoenix area Commission Recommendation: On 1/12/23, the Commission voted 8-0, to recommend approval of Z2022126 subject to conditions ‘ a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Site Plan entitled, “Site Plan” consisting of two full-size sheets dated December 27, 2022, and stamped received December 27, 2022, except as modified by the following cond itions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Devel opment of the site shall be in substantial conformance with the Narrative Report entitled “All Trucks Auto Parts Expansion”, consisting of 4 pages, dated revised December 12, 2022 except as modified by the following conditions. c. Prior to final approval of construction permits, the Owner or Developer shall process a lot combination or record a cross-access agreement between APN 105-69-007P and APN 105-69-007M. d. The following Planning Engineering conditions shall apply: 1. At the time of application for construction permits, the following comments shall be addressed within the Grading and Drainage Plan and Drainage Report: a. Include the analysis of offsite flows that could impact the project and describe where the water will run and how it impacts adjacent lots. b. Complete the analysis of onsite runoff for APNs 105-69-007P and 105-69-007M. The Rational runoff coefficients are 0.95 for the entire lot, except that the area below the retention basin high water can use 0.50. c. Complete t he layout and design of the retention basins for APN 105-69-007P and 105-69-007M. d. Soils testing and drywell selection for infiltration of the runoff in 36 hours shall be completed. e. The drainage report shall be completed for APN 105-69-007P and 105- 69-007M and within this drainage report, drainage blocks are required for all new CMU walls, and hydrologic, hydraulic and retention calculations shall be included. f. Add the finished floor elevation for the new 10’ x 32’ building which is the unlabeled building with the septic system connection and the existing house. 2. Broadway Road is in the jurisdiction of the City of Phoenix. At the time of acquisition of construction permits, the owner or developer shall submit correspondence from the City of Phoe nix indicating that there are no objections to the driveway use change and access permission remains valid. 3. 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. 4. Based upon 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. 5. Detailed Grading and Drainage (Site Infras tructure) Plans must be submitted with the application for Building Permits. e. The following IND-3 IUPD Zoning District development standards and use regulations shall apply: 1. Uses Permitted – The only permitted uses shall be the following uses: heav y vehicle, truck, semi-truck, and automobile repair; on-site storage and sale of vehicle, truck, semi-truck and automobile parts; contractor yard, industrial storage, and; accessory buildings and uses customarily incidental to the above listed uses includi ng a single caretaker residence. All other uses shall be prohibited. 2. Sight Visibility Triangles (SVTs) - Two SVTs waived at the access point off of the easement leading to the residence. All other SVTs are required. Driveways, Parking and Obstruction s greater than 2’ in height are not permitted within required SVTs. 3. Screening – Min. 8’ solid masonry wall adjacent to or abutting any rural or residential zone boundary f. A will serve letter for fire shall be required prior to receiving approval of construction permits. g. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. All outdoor light fixtures shall be fully shielded and directed downward. h. No noise, odor or vibration shall be emitt ed so that it exceeds the general level of noise, odor or vibration emitted by uses outside of the site. i . Open storage shall be no higher than 6’ plus one-foot in height for each additional 3’ of setback from a property line. j. 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. 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, 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 Zone Change. The Zone Change enhances the value of th e 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-44-23-185-X-00)

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