Extracted text (via pymupdf_layout)
18836 characters
Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 13, 2021 Case #/Title: Z2020072 - Lewellen Industrial Supervisor District: 2 Applicant/Owners: Jessica Sarkissian / Rusty & Allyson Lewellen Request: Rezone from Rural-43 to IND-2 IUPD for Contractor Yards Site Location: Generally located on the southwest corner of Mesquite St. and 202nd Place in the east Mesa area Site Size: Approximately 1.94 acres County Island Status: Yes (City of Mesa) Additional Comments: The applicant seeks a rezone from Rural-43 to IND-2 with a IUPD overlay for Contractor Yards with RV storage. The subject property is located within the Queen Creek Area Plan as a Light Industrial Center and within the City of Mesa General Plan as Light Industrial. The rezone is consistent with the land use designation of the Maricopa County Queen Creek Area Plan and the City of Mesa Municipal Plan. The rezone with overlay will have no adverse impact on the Comprehensive Plan or the City of Mesa Municipal Plan. No comments were received from relevant municipalities. There is no known opposition. Commission Recommendation: On 12/10/20, the Commission voted 8-0 to recommend approval of Z2020072 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Site Plan consisting of 1 full-size sheet, dated September 22, 2020, and stamped received October 1, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report consisting of 5 pages, dated September 2020, and stamped received November 18, 2020, except as modified by the following conditions. c. The following Engineering conditions shall apply: January 13, 2021 Z2020072 Page 1 of 3 1. At the time of the Building Permit, the Engineered Grading and Drainage Plans must show the drywells will not be directly connected to the catch basins. The water must pass through the underground storage on the way to the drywells. The drywells must be Maxwell Plus or equivalent dual- chamber drywell. 2. At the time of the Building Permit, the underground storage must go according to the checklist: https://www.maricopa.gov/DocumentCenter/View/3972/Combined- Engineered-Plan-Submittal-Checklist-for-Commercial-PDF 3. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. d. The following Flood Control District Conditions shall apply: 1. The applicant should be aware that the Flood Control District of Maricopa County has conducted a major floodplain delineation study in this area. The East Maricopa County Area Drainage Master Study (ADMS) is available for use by developers. New development in the watershed is expected to acknowledge and assess their project for compatibility with the ADMS. Deviations from the ADMS must be documented, and an engineering analysis provided that shows the deviations do not increase downstream flood peaks, volumes or other flood hazards. A copy of the East Maricopa County ADMS is available at the Maricopa County Flood Control District office for review. e. The following Maricopa County Department of Transportation conditions shall apply: 1. For any equipment (conduit F/O, etc.) or work that will be extended to, or within the MCDOT R/W, a design sheet must be submitted for MCDOT review to Ms. Kelly Roy, Utility Branch Coordination Manger, 602-506-8603 or Kelly.Roy@mail.maricopa.gov f. The following IND-2 IUPD standards shall apply: 1. Max Building Height: 40’ 2. Minimum Front Yard: 5’ 3. Site Enclosure and Screening Requirements: Outdoor storage of products and materials may exceed the height of the enclosure, but they shall not exceed 12'. Stored vehicles and related shade structures may not exceed a height of 40'. January 13, 2021 Z2020072 Page 2 of 3 g. The IND-2 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. h. Phoenix-Mesa Gateway Airport Authority condition shall apply: 1. Any proposed permanent, or temporary, structure is subject to an FAA filing for review in conformance with CFR Title 14 Part 77 (Form 7460) to determine any effect to navigable airspace and air navigation facilities. If an FAA filing is requested, an FAA determination notice of no hazard to air navigation shall be provided. i. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. j. 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. k. 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. 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. Presented by: Jose Castañeda, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachment: 12/10/20 P&Z Packet (24 pages) Note: 12/10/20 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. January 13, 2021 Z2020072 Page 3 of 3 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2020072 - Lewellen Industrial Hearing Date: December 10, 2020 Supervisor District: 2 Applicant: Jessica Sarkissian, Upfront Planning & Entitlements, LLC Owners: Rusty & Allyson Lewellen Request: Rezone from Rural-43 to I-2 IUPD for Contractor Yards Site Location: Generally located on the southwest corner of Mesquite St. and 202nd Place in the east Mesa area. Site Size: Approximately 1.94 acres Density: N/A County Island: Yes (City of Mesa) County Plan: Queen Creek Area Plan – Light Industrial Municipal Plan: City of Mesa – Light Industrial Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2020072 Page 1 of 8 Project Summary: 1. The applicant is requesting a rezone of approximately 1.94 acres from Rural-43 to IND-2 IUPD for an outdoor contractor’s yard to allow the outdoor storage, service, and sales and rental of construction equipment and RV storage. Along with the rezone, the applicant is requesting an Industrial Unit Plan of Development (IUPD) for the purpose of varying certain development standards with this particular use. The applicant states that the deviations are being requested due to the industrial uses and zoning in the area as well as 202nd Place is not a through street. 2. An IUPD overlay is requested to modify the development standards of the IND-2 zoning district. The following table lists the development standards to be varied under the IND-2 IUPD overlay in (bold). Base Zoning District Proposed Zoning District Regulation Regulations (IND-1) Regulations (IND-2 IUPD) Max Building 40’ 40’ Height Min. Front Yard 10’ 5’ Setback Min. Side Yard 0’ 0’ Setback Min. Rear Yard 0’ 0’ Setback Site Enclosure The perimeter of any portion of Outdoor storage of and Screening a site not adjacent to a rural or products and materials Requirements residential zone boundary may exceed the height of upon which any outdoor use of the enclosure, but they an industrial nature is permitted shall not exceed 12'. shall be enclosed to a height of Stored vehicles and not less than six feet by building related shade structures walls, walls or fences of any may not exceed a height view-obscuring material. No of 40'. outdoor industrial use or enclosure thereof shall encroach into any required setback area adjacent to any street, nor shall any storage products or materials exceed the height of any such enclosure. MCZO Article 902.9.3.c. 3. The proposed site plan indicates that access to the site will be from one separate entrance and exit from the east property line onto 202nd Place. The proposed facility will allow for 24-hour access via controlled access gates. Z2020072 Page 2 of 8 Aerial Image Zoning Z2020072 Page 3 of 8 Site Plan Except 4. It should be noted that since the applicant is proposing a plan of development (POD) and although the zone change is a legislative approval, the POD is administratively approved. Therefore, POD approval is contingent upon prior rezoning approval. Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 / Single-Family Residence North: IND-2 / Vacant South: IND-2 / Light Industrial East: 202nd Place then IND-2 / Light Industrial West: IND-2 / Vacant Utilities and Services: 6. Water: Water Wastewater: Septic Electric: SRP Fire: Rural Metro Police: MCSO Z2020072 Page 4 of 8 Adopted Plans: 7. Queen Creek Area Plan (Adopted April 6, 1992): The plan designates the site as a Light Industrial Center. 8. City of Mesa General Plan: The City of Mesa 2025 General Plan designates the site as Light Industrial. Public Participation Summary: 9. The applicant has complied with the Maricopa County Citizen Review Process with the required posting of the property and notification by first class mail to adjacent property owners within 300’ of the subject parcel and interested parties. Staff did not receive any opposition to the proposal during the public participation process. Staff has received no calls or letters of support/opposition as of the writing of this staff report. 10. Staff received one letter from the Phoenix-Mesa Gateway Airport Authority which reviewed the request and found that light industrial operations were compatible with airport operations and offered the following condition be added to any motion for approval: 1. Any proposed permanent, or temporary, structure is subject to an FAA filing for review in conformance with CFR Title 14 Part 77 (Form 7460) to determine any effect to navigable airspace and air navigation facilities. If an FAA filing is requested, an FAA determination notice of no hazard to air navigation shall be provided. Outstanding Concerns from Reviewing Agencies: 11. P&D Engineering has reviewed the proposed project and has no objections to the zoning case however; the final design approval is given at the time of obtaining building permits. Conditions of approval by P&D Engineering have been noted in the attached Engineering Memo dated 10-26-2020. Staff Analysis: 12. The requested rezone to intermediate industrial to allow for the proposed contractors yard with RV storage. It is consistent with the land use designation of the Maricopa County Queen Creek Area Plan that designates this site for Industrial use. Additionally, the City of Mesa General Plan designates the site as Light Industrial. Staff notes that the proposed project was reviewed by the Phoenix-Mesa Gateway Airport Authority which also found that industrial uses were compatible with the airport’s operation. Staff has not received any opposition to the proposed project from residents in the area. As such, staff finds the proposed zone change in character with the land use designation of the county and municipal area plans. Z2020072 Page 5 of 8 Recommendation: 13. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘l’. a. Development of the site shall be in substantial conformance with the Site Plan consisting of 1 full-size sheet, dated September 22, 2020, and stamped received October 1, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report consisting of 5 pages, dated September 2020, and stamped received November 18, 2020, except as modified by the following conditions. c. The following Engineering conditions shall apply: 1. At the time of the Building Permit, the Engineered Grading and Drainage Plans must show the drywells will not be directly connected to the catch basins. The water must pass through the underground storage on the way to the drywells. The drywells must be Maxwell Plus or equivalent dual- chamber drywell. 2. At the time of the Building Permit, the underground storage must go according to the checklist: https://www.maricopa.gov/DocumentCenter/View/3972/Combined- Engineered-Plan-Submittal-Checklist-for-Commercial-PDF 3. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. d. The following Flood Control District Conditions shall apply: 1. The applicant should be aware that the Flood Control District of Maricopa County has conducted a major floodplain delineation study in this area. The East Maricopa County Area Drainage Master Study (ADMS) is available for use by developers. New development in the watershed is expected to acknowledge and assess their project for compatibility with the ADMS. Deviations from the ADMS must be documented, and an engineering analysis provided that shows the deviations do not increase downstream flood peaks, volumes or other flood hazards. A copy of the East Maricopa County ADMS is available at the Maricopa County Flood Control District office for review. Z2020072 Page 6 of 8 e. The following Maricopa County Department of Transportation conditions shall apply: 1. For any equipment (conduit F/O, etc.) or work that will be extended to, or within the MCDOT R/W, a design sheet must be submitted for MCDOT review to Ms. Kelly Roy, Utility Branch Coordination Manger, 602-506-8603 or Kelly.Roy@mail.maricopa.gov f. The following IND-2 IUPD standards shall apply: 1. Max Building Height: 40’ 2. Minimum Front Yard: 5’ 3. Site Enclosure and Screening Requirements: Outdoor storage of products and materials may exceed the height of the enclosure, but they shall not exceed 12'. Stored vehicles and related shade structures may not exceed a height of 40'. g. The IND-2 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. h. Phoenix-Mesa Gateway Airport Authority condition shall apply: 1. Any proposed permanent, or temporary, structure is subject to an FAA filing for review in conformance with CFR Title 14 Part 77 (Form 7460) to determine any effect to navigable airspace and air navigation facilities. If an FAA filing is requested, an FAA determination notice of no hazard to air navigation shall be provided. i. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. j. 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. k. 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. 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 Z2020072 Page 7 of 8 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. Presented by: Jose Castañeda, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (1 page) Narrative Report (5 pages) MCDOT comments (1 page) MCESD comments (1 page) ENG comments (2 pages) Phoenix-Mesa Gateway Airport Authority Letter (5 pages) Z2020072 Page 8 of 8