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

8. SUN LAKES PIMA UTILITY WELL #34 ARSENIC TREATMENT Case #: Z2023132 Supervisor District: 1 Applicant & Owner: Brent Emmerton, B&R Engineering / Pima Utility Company Request: Zone change from R1-6 RUPD to IND-2 IUPD with a Plan of Development Site Location: Generally located at the SWC of Saddletree Dr. & Navajo Pl. in the Sun Lakes area Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023132 subject to conditions ‘a’ – ‘g’: a. The area of APN 303-68-170A is zoned IND-2 IUPD with approval of Z2023132. b. A Plan of Development is approved subject to site plan entitled “Sun Lakes Well #34 Arsenic Treatment Plant Site Plan” consisting of 1 full-size sheets, dated ‘December 2023’. 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. Development of the site shall be in substantial conformance with the narrative report entitled “Sun Lakes – Well 34 Arsenic Treatment Plant”, consisting of 5 pages, dated December 20, 2023, except as modified by the following conditions. d. The IUPD overlay is applied to restrict the site to only uses that involve utility delivery infrastructure, wells, water treatment and storage. e. The following engineering conditions: 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. 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. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits f. Noncompliance with any Maricopa County Regulation may be grounds for initiating a revocation of this zone change per the requirements and procedures set forth in the Maricopa County Zoning Ordinance. 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. Failure to comply with any condition may be grounds for consideration of initiating the process to revert the zoning back to the previous R1-6 RUPD, in accordance with Maricopa County requirements and procedures. Any action by Maricopa County to revert the zoning shall only occur following any and all required notices (including identification of the specific noncompliance issue) and cure periods and shall be subject to required public hearings before the Planning & Zoning Commission and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. 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-44-24-213-X-00)

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