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

5. EX EL PIPELINE Case #: Z2023017 Supervisor District: 1 Applicant & Owner: Brent Freeman, Freeman Custom Homes / Ex El Leasing Request: Zone change from C-3 & R-4 to C-3 CUPD with a Plan of Development Site Location: Generally located at the SWC of San Tan Blvd. & Mandarin Dr. in the Chandler Heights area Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023017 subject to conditions ‘a’ – ‘i’: a. The area of APN 304-89-035Q & 30489035R is zoned C-3 CUPD with approval of Z2023017. b. A Plan of Development is approved subject to site plan entitled “EX EL LEASING SERVICES - ZONING CHANGE # Z2023017 – Site Plan” consisting of 1 full-size sheet, dated 9/25/23. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established CUPD 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 “EXEL Pipeline”, consisting of 5 pages, dated November 17, 2023, except as modified by the following conditions. d. The following IND-2 IUPD standards shall apply: 1. Parking requirement 1 space per 560 sq. ft. 2. Sight visibility triangle requirements – to match site plan SVT locations: 1. 25’X25X (Type1) 2. 25’X14’ (Type 2) e. The following engineering condition shall apply: 1. As part of half street improvements, maintain and provide a minimum of 40 feet of Right of Way Dedication to MCDOT along the entire site frontage of San Tan Blvd. a. Refer to the RED Letter- Right of way Dedication process. Applicant shall initiate ROW medication and provide dedicated ROW prior to the issuance of a building permit. i. Right-of-Way Dedications | Maricopa County, AZ ii. Application-for-Right-of-Way-Dedication-PDF (maricopa.gov) 2. As part of half street improvements, Preserve 40 feet of future right of way along the site frontage of Mandarin Dr. 3. Further development on the property will require applicant to submit an updated TS/TIS specific to the proposed development. 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 may be necessitated by the final engineering design of the site’s drainage infrastructure. 6. The proposed driveways will need to meet width requirements for heavy trucks. Additionally, driveway access via a MCDOT maintained roadway shall be installed per MCDOT requirements and MCDOT approved commercial driveway details. This will be addressed by P&D in the permitting and plan review stage. Only approved driveways are A). San Tan 185’ west of Mandarin Dr. and B). Mandarin 215’ south of San Tan Blvd. f. Prior to issuance of initial building permits, all parcels shall be combined to create a single parcel matching the zone change area. g. 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. h. 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. i. 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 C-3, 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-44-24-216-X-00)

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