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. 310 DUST CONTROL Case #: Z240002 Supervisor District: 3 Applicant & Owner: William Lally, Tiffany & Bosco, P.A. / Cantelme Family Living Trust Request: Zone change with overlay from Rural-43 to IND-2 IUPD Site Location: Generally located ½ mile north of the northwest corner of Black Canyon Hwy. and New River Rd. in the New River area Commission Recommendation: On 11/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z240002 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “310 Dust Control, LLC“, consisting of one full-size sheet, dated September 19, 2024, and stamped received September 19, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “310 Dust Control, LLC”, consisting of five pages, dated September 19, 2024, and stamped received September 19, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, 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. 2. Black Canyon Hwy. is a MCDOT maintained roadway, any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted Traffic Impact Analysis (TIA) /Traffic Impact Study (TIS) to Permit Center at https://www.maricopa.gov/6003/Maricopa-Countys-New-Permit-Center 3. The perimeter mid-section line alignments of the proposed development requires the setback line to start from a future half street Right-of-Way of 40-feet from the mid-section line per the Maricopa County Zoning Ordinance Section 1105. A Reserved Right-of-Way Reduction Waiver could be applied for with MCDOT for a determination of the width of the reserved right-of-way along these mid-section alignments on this site can be reduced or eliminated. 4. There are Federal Patent Easements encumbering this site. Encroachments are prohibited within these easements unless abandoned. Applicant must contact MCDOT for further interest in the Patent Easement Abandonment Process. The applicant does not need to abandon the Patent Easement to dedicate Right-of-Way to MCDOT. 5. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 6. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov due to the proximity to the Interstate-17. 7. Engineering review of re-zone cases is conceptual in nature. 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. d. A Plan of Development and any necessary permits must be applied for and approved to address the existing code violation on 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. Prior to the submission of any Plan of Development on this site all lots must be combined into one lot with its own parcel number with the County Assessor’s and Recorder’s Offices. g. All existing Federal Patent Easements shall be abandoned with MCDOT on this site prior to the submission of any Plan of Development. h. The following requested IND-2 IUPD development standards shall apply: 1. Maximum building/structure height of 40 feet regardless of adjacent zoning districts. 2. Minimum zero foot front, rear, street-side, and side setbacks, except for a 40 foot minimum setback from the right-of-way lines of the Black Canyon Hwy. frontage road to the east and Interstate-17 Black Canyon Fwy. to the west. 3. Until such time as a sewer system is available on this site, the IUPD shall limit entitled use in this IND-2 IUPD zoning district to an outdoor storage facility or other uses acceptable to the Maricopa County Environmental Services Department to have wastewater disposal via on-site septic systems. 4. The following uses shall be prohibited: a. Adult-oriented facilities b. Auction sales, including swap meet operations c. Circuses and carnival grounds having permanent facilities d. Dance halls and nightclubs e. Liquor stores f. Permanent facilities for rodeos, auctions, swap meets, campgrounds, and sites rented for private parties i. 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. 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. 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-44-25-049-X-00)

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