Z2020072 BOS REPORT.PDF

Maricopa County — Formal (2021-01-13)

View PDF Item 10 Meeting page

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