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

13. 101 INC BUCKEYE Case #: Z2024048 Supervisor District: 5 Applicant & Owner: John Meissner, Threaded Studios / Western Terminals LLC Request: Zone change from IND-1 to IND-2 Site Location: Generally located at the NEC of Palo Verde Rd. and the Union Pacific Railroad in the Buckeye area Commission Recommendation: On 9/12/24, the Commission voted 8-0, to adopt a motion recommending the Board of Supervisors approve Z2024048 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Nutrition 101 Buckeye“, consisting of one full-size sheet, dated June 17, 2024, and stamped received June 25, 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 “101 Inc Buckeye Facility Narrative” consisting of two pages, stamped received July 17, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Site development shall conform to the stipulations from the Plan of Development under case Z2024050 for the subject site. 2. 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. 3. 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. 4. Detailed Grading & Drainage (Infrastructure) Plans must be submitted with the application for Building Permits. d. 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. e. Prior to precise plan of development approval for the development of any industrial use requiring utilities, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Buckeye 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. f. 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. g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial phase of development to have an issued construction permit which must be pursued to completion. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change 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-44-25-021-X-00)

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