Vote — approved

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

6.80 Acres. A map or plat depicting the declared streets is attached. General Vicinity: Dysart Road and Bethany Home Road, lying within Supervisory District No. 4, in an unincorporated area. In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-24-108-X-01) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Absent: Clint Hickman COUNTY OF

Item Text

6. RURAL ELECTRIC Case #: Z2023004 Supervisor District: 2 Applicant & Owners: Cassandra Ayers, Berry Riddell LLC / J and R Property Management and Main Street Land LLC Request: Zone Change from R1-8 & IND-2 to IND-2 IUPD Site Location: Generally located at the NWC of Apache Trail & 96th St. in the east Mesa area Commission Recommendation: On 1/11/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023004 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the narrative report entitled “Rural Electric”, consisting of 7 pages, dated October 24, 2023, except as modified by the following conditions. b. A Plan of Development is approved subject to site plan entitled “Rural Electric INC ‘Site Plan’” consisting of 1 full-size sheets, dated 9/26/23. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IUPD development standards as approved by the Board of Supervisors. 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. c. Prior to issuance of the initial building permit, all parcels shall be combined to create a single parcel matching the zone change area. d. The following Planning Engineering conditions shall apply: 1. Access to Apache Trails is regulated by ADOT. Encroachment permits for access to Apache Trails must be obtained directly from ADOT. 2. The subject premises is located within the County’s Urbanized Area and will disturb more than one (1) acre. A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. See: https://www.maricopa.gov/DocumentCenter/View/6577 3. Culverts within the 96th Street MCDOT Right-of-Way must be a minimum of 18- inches and must have end treatments (flared end sections preferred). 4. 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. 5. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 6. (Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits e. Prior to issuance of the initial 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. 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. h. The following IND-2 IUPD standards shall apply: Minimum Side yard setback: 5 feet. Minimum Rear Yard Setback: 5 feet Minimum Residential Screening Requirement: 8-foot solid wall Minimum Sight Visibility Triangle Requirements: To match site plan SVT locations: 1. 15-feet-9-inches X 15-feet-9-inches 2. 7-feet X 7-feet 3. 18-feet X 18-feet 4. 0-feet X 0-feet 5. 20-feet X 20-feet 6. 10-feet X 10-feet (C-44-24-167-X-00)

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