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. TWC WARNER RD MESA Case #: Z2023061 Supervisor District: 1 Applicant & Owner: Thomas Hunt, Hunt Architects, Inc. / TWC – Warner Road Properties LLC Request: Zone change from Rual-43 to IND-3 IUPD Site Location: Generally located on the north side of Warner Rd. between Sossaman & 80th St. in the Mesa area Commission Recommendation: On 9/12/24, the Commission voted 8-0, to adopt a motion recommending the Board of Supervisors approve Z2023061 subject to conditions ‘a’ – ‘g’: a. A Plan of Development is approved subject to site plan entitled “TWC E Warner Rd” consisting of 2 full-size sheets, dated 5/22/24. 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. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Narrative - TWC Warner Rd. Mesa”, consisting of 3 pages, dated May 1, 2024, except as modified by the following conditions. c. The following IND-3 IUPD conditions shall apply: Minimum Sight Visibility Triangle Requirements: To match plan of development SVT locations: 1. 25 feet X 25 feet 2. 25-feet X 10-feet 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. 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. Any work in the MCDOT R/W will require a R/W permit at the time of the Building Permit. 5. Warner Road is classified as a future principal arterial, and 65-feet dedication in fee is required from the section line. The dedication must be completed prior to the MCDOT Review approval on the Building Permit. 6. Any additional dedication and offsite improvements for Warner Road will be determined by MCDOT Traffic and MCDOT Permits based on submittal of a TIA/TIS. 7. Applicant to notify ADOT of proposed development through the Red-Letter Process, RedLetter@azdot.gov, due to proximity to SR-202. 8. The above comments do not include identification of utilities underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. e. Prior to issuance of the initial building permits, 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. 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. 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. 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-44-25-026-X-00)

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