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

14. 5251 S. 43RD AVENUE REZONE Case #: Z2022212 Supervisor District: 5 Applicant & Owner: Peter Batschelet, Lee Enterprises / H & K Holdings Trust Request: Rezone from Rural-43 to IND-2 IUPD Site Location: Generally located approximately 550’ from NEC of Sunland Ave. and 43rd Ave. in the Laveen area Commission Recommendation: On 11/2/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2022212 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the narrative report entitled “Rezone Narrative”, consisting of 9 pages, dated September 20, 2023 except as modified by the following conditions. b. The following IUPD overlay standards shall apply: a. Side setback adjacent to a rural zoning district: 3’ b. Allowed uses: 1. Any use permitted in the IND-1 Zoning District, including a Medical Marijuana Dispensary or a Medical Marijuana Offsite Cultivation Location subject to all the regulations specified in the use regulations for such IND-1 Zoning District unless the use is otherwise regulated in this Section. 2. Construction equipment, including sales, service, rental and storage. 3. Public utility treatment and generating plants including sewage, wastewater, water, power, electrical, nuclear and solar, and including ancillary offices. Attendant facilities and appurtenances to the above uses as well as uses associated with service to the public of water, gas, telephone and cable television. Where an electrical generating plant is in operation, evaporation ponds and other appurtenances may be permitted provided such evaporation ponds or appurtenances are associated within the facility being served. 4. Training centers, industrial 5. Truck terminals, including service and storage. 6. Any other office, laboratory, manufacturing and assembly uses similar to those uses enumerated herein which do not create any danger to the public health, safety and general welfare in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat or glare, and which by reason of high value in relation to size and weight of merchandise received and shipped create very little truck traffic. 7. Accessory buildings and uses customarily incidental to the above uses. Renewable energy systems are not permitted as a primary use but may be permitted as an accessory use as set forth in Section 1206 of this Ordinance. Where renewable energy systems involve the generation or striate of electricity, only grid-connected or offgrid systems are permitted. c. The following 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. Right of Way Dedication to provide a 55’ half-width along the site’s 43rd Avenue frontage is required. The right-of-way dedication must be completed prior to the issuance of any building permits on the site. 3. 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. d. 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 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. e. Noncompliance with any Maricopa County regulation or ordinance shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. f. 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. g. 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-44-24-123-X-00)

Attachments (1)