Vote — approved

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

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

Item Text

5. AUGUSTINE INDUSTRIAL YARD Case #: Z2023076 Supervisor District: 3 Applicant & Owners: George Pasquel III, Withey Morris Baugh / John & Christine Augustine Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located south of the southeast corner of W. Happy Valley Rd. and N. 11th Ave., in the Deer Valley area Commission Recommendation: On 3/21/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023076 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the narrative report entitled “Augustine Industrial Yard”, consisting of 14 pages, dated January 30, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the site plan entitled “Augustine Industrial Yard“, consisting of 1 full-size sheet, dated January 30, 2024, 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. c. The following IND-2 IUPD standards shall apply: 1. Required Screening (MCZO 901.9.4): 6’ min. building, wall or fence of any view -obscuring material where outdoor industrial use is permitted by IUPD. 2. Parking Surface Materials (MCZO 1102.7.1): Compacted gravel allowed. 3. Outdoor Storage (MCZO 902.4.1 and 902.4.2): Allowed in required front and street side yards. 4. Required Landscaping (MCZO 901.9.4.D): No landscaping requirements. 5. Unless and until the site is served by a sewer system, the IUPD Overlay limits use of the site to the following: A. Office (MCZO 901.2.11). B. Construction equipment, including salves, service, rental, and storage (MCZO 902.2.7). C. 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 of striate of electricity, only grid-connected or off-gris systems are permitted (MCZO 902.2.22). d. The following Planning Engineering condition(s) 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. 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. 4. Retention basins may be initially sized for the first flush volume of runoff for a period of ten years. Full retention (100 yr., 2 hour volume) shall be provided with plans for further development or renewal of the zone change. e. The IUPD overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. f. All existing patent easements must be abandoned prior to the issuance of any building permits. g. 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. h. Noncompliance with any of the conditions assigned to the approval of this zone change by the Maricopa County Board of Supervisors may be grounds for revocation of this zoning in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. 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. j. 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-44-24-223-X-00)

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