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. MR HANDY TRUCKING Case #: Z2024008 Supervisor District: 4 Applicant & Owners: William Lally, Tiffany & Bosco, P.A. / Shelly Carpenter & Michael Rehberg Request: Zone change with overlay from Rural-43 to IND-2 IUPD Site Location: Generally located ¼ mile southwest of the SWC of Perryville Rd. and McDowell Rd. in the Buckeye area Commission Recommendation: On 10/24/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2024008 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “MR Handy Trucking“, consisting of one full-size sheet, dated August 22, 2024, and stamped received September 3, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “MR Handy Trucking”, consisting of seven pages, dated September 3, 2024, and stamped received September 3, 2024, except as modified by the following conditions. c. Any land use inside of the 65 LDN noise contours on the properties that make up this site must remain rural until such time a Military Use Permit is approved by the Board and these areas of the site are not part of this zone change request. d. The two parcels that make up this site must be combined into a single parcel with a new APN prior to the submission of a Plan of Development or building permits for this site. e. 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. f. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B). g. A plan of development and any necessary permits must be applied to address the existing code violation on this site. h. The following Planning Engineering comments shall apply: 1. Any new (or existing as the case may be) site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal would require a Grading and Drainage Plan to show conformance to the County Drainage Regulations. Billboards shall not require a traffic report or grading and drainage report/plans. 2. The site contains a small area of regulatory floodplain in the northeast corner. Any new development/disturbance in the floodplain will require a floodplain use permit concurrent with any building permit(s). 3. Any additional right-of-way dedication and/or offsite improvement requirements will be determined by MCDOT Traffic and MCDOT Permits based on the submittal of a Traffic Impact Study/Traffic Impact Analysis. 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access, and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. 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. 6. All plans and reports should be developed and formatted to document that the project is designed to meet all County regulations, ordinances, and design standards. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. i. The following requested IND-2 IUPD development standards shall apply: 1. There shall be no required side yard along the 65 LDN noise contour on this site. 2. There shall be a minimum lot width of 25 feet adjacent to 191st Ave. 3. There shall be no required parking for a home-based business for an outdoor storage facility other than the required two spaces for the existing single-family residence, except for any required ADA accessible parking. 4. There shall be a minimum of six foot tall chain link fences with attached obscuring materials around the perimeter of the site for screening. 5. The use of alternative dust control measures such as asphalt millings or decomposed granite that meets the County’s Air Quality Standards shall be used instead of paving. 6. The maximum height for a freeway oriented billboard shall be 60 feet measured from the adjacent grade of the freeway. 7. There shall be no setback from rural or residential zoning boundaries for a static, non-illuminated or digital billboard on this site. 8. This IUPD zoning overlay shall limit the use of the site as an outdoor storage facility, billboard, and single-family residence until such time as the site is served by public water and sewer system. j. 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. k. 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 in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. l. 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-44-25-043-X-00)

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