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

15. KES DEVELOPMENT PARTNERS Case #: Z2023080 Supervisor District: 1 Applicant & Owner: Brennan Ray, Burch & Cracchiolo, P.A. / KES Development Partners LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located at the SWC of Appleby Road and Hamilton Road in the Chandler area Commission Recommendation: On 10/5/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023080 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “KES Development Partners “, consisting of one full-size sheet, dated August 23, 2023, and stamped received August 28, 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 “KES Development Partners”, consisting of four pages, dated August 25, 2023, and stamped received August 28, 2023, except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply: 1. Maximum Building Height: 50 ft. 2. Minimum Front Yard Setback: 10 ft. 3. Minimum Rear Yard Setback: 5 ft. 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 number of proposed building lots/units, 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 traffic impact study must be submitted with future entitlement (POD) application(s). 3. The development site is bordered by Appleby Road (major collector) and a mid-section alignment (Hamilton Rd.) Dedication with future entitlement (POD) application(s) may be required along these alignments unless determined otherwise by MCDOT Planning. 4. Engineering review of re-zone cases is conceptual in nature. 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. 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 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. f. Prior to precise plan of development approval for the development of any industrial use requiring utilities, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Chandler that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. g. All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial phase and an additional two (2) years for each subsequent phase, within which time the plan of development must be approved with associated construction permits for each phase must be obtained. i. Any amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. 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, 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. 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-44-24-083-X-00)

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