Vote — approved

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

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

Item Text

6. MARBELLA WEST PLAN OF DEVELOPMENT Case #: Z2022211 Supervisor District: 4 Applicant & Owner: Bill Lally, Tiffany & Bosco / Jorde Farms 3 LLC Request: Plan of Development (POD) for warehouse buildings in the Rural–43 MAAMF zoning district. Site Location: Generally located 1,200 east of the SEC of Northern Pkwy. And Dysart Rd. Commission Recommendation: On 5/11/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2022211 subject to conditions ‘a’ – ‘e’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Conceptual Site Plan – Northern 54“, consisting of 1 full-size sheets, dated March 2, 2023, and stamped received April 11, 2023 except as modified by the following conditions. 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. Development of the site shall be in substantial conformance with the Narrative Report entitled “Marbella West – Plan of Development”, consisting of 5 pages, dated November 15, 2022, and stamped received November 27, 2022 except as modified by the following conditions. c. 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. d. The following Planning Engineering conditions shall apply: 1. In accordance with DPSM 6.10.6.3 provide a minimum top width of 8’ for the existing channel berm that fronts your parcel 2. Please submit plans to the Marvella HOA. Following approval provide copy of authorization of the plans to County 3. Due to proximity submit a TIS for review and APPROVAL from City of El Mirage. Following the agency’s approval provide a copy of authorization. 4. A MCDOT Right of Way Permit will be needed during the building permit phase. All work within the ROW will require permit fees along with an Assurance Bond in the amount of the work being performed in the ROW (roadway improvements, utilities, storm drain, signing and striping, landscaping ext ) 5. As part of half street improvements, maintain/provide ROW dedication to MCDOT along site frontage of Northern Parkway Eastbound Frontage. i . Identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 6. Signal timing Modification shall be completed by the developer at opening year with coordination from MCDOT Traffic Design. i . MCDOT has a current TIP project (TT0347 Northern Parkway) adjacent to this site. Coordination of potential impact to this project must be communicated to Ben Markert, Project Manager. Please contact him via email at Ben.Markert@maricopa.gov or by phone at 602-506-8651. 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. 8. 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. 9. Detailed Grading and Drainage (site Infrastructure) Plans and Drainage report must be submitted with the application for Building Permits. e. 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-44-23-262-X-00)

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