Vote — approved

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

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

Item Text

10. ENGLUND EQUIPMENT Case #: Z2023112 Supervisor District: 5 Applicant & Owner: Shaine Alleman, Tiffany & Bosco, P.A / 11328 Buckeye Rd, LLC Request: Zone change from Rural-43 & C-3 to IND-2 IUPD Site Location: Generally located at the NEC of Avondale Blvd. & Buckeye Rd. in the Cashion/Avondale area Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023112 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Site Plan for Truck Terminal Parking“, consisting of two full-size sheets, dated January 23, 2024, and stamped received January 24, 2024, 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 “Englund Equipment Company”, consisting of 17 pages, dated August 29, 2023, and stamped received January 24, 2024, except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply: 1. Minimum Side Yard Setback: 0 ft. 2. Chain link fence with screening material not less than six feet in height adjacent to or abutting any rural or residential zoning boundary to the north property boundary. 3. Chain link fence without screening material not less than six feet in height for east, south, and west property boundaries. d. The following Planning Engineering conditions shall apply: 1. 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. 2. Detailed Grading and Drainage Plans must be submitted with the application for Building Permits. 3. Avondale Boulevard is within the jurisdiction of the City of Avondale. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 4. For sites located within the County’s Urbanized Area, a Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. 5. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins shall drain within 36 hours per County requirements. 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, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Avondale 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. Any amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. i. Noncompliance with any Maricopa County Regulation may be grounds for initiating a revocation of this zone change per the requirements and processes set forth in the Maricopa County Zoning Ordinance. j. 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. k. 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-44-24-211-X-00)

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