Vote — approved

Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Steve Gallardo	yes

Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo

Item Text

6. SANDIE FARM Case #: Z2023029 Supervisor District: 4 Applicants & Owner: Bill Lally and Kurt Jones, Tiffany & Bosco / Bekids Land LLC Request: Zone change with overlay from Rural-43 to IND-2 IUPD Site Location: Generally located along the west side of 363rd Ave. between Broadway Rd. and South ern Ave. in the Tonopah area Commission Recommendation: On 7/27/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023029 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial con formance with the Narrative Report entitled “Project Narrative”, consisting of 8 pages, dated February 15, 2023, and stamped received February 15, 2023, except as modified by the following conditions. b. Administrative approval of a plan of development wi ll 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 t hat 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 rev iew and approval will be required. c. The following IND-2 IUPD standards shall apply: 1. MCZO Article 902.5.3 Max. Lot Coverage: 60%; solar panels do not count towards lot coverage 2. MCZO Article 1102.1. Parking Regulations: Does not apply to s olar panels for utility scale solar developments; applies normally to all other structures 3. MCZO Article 902.9.: All uses shall be conducted within a completely enclosed building except parking loading, unloading, or storage, except outdoor solar pa nels. 4. MCZO Articles 902.9.3.B & 902.9.3.C: Minimum chain link fencing at min. 6’ (h) including 1’ barbed wire topping. Gates shall be allowed on the perimeter of the project. Areas adjacent to existing or future residential development, slats will be added to the perimeter fence to provide visual screening. 5. The following uses shall be prohibited: i . Single-family and multi-family residential ii. Adult oriented facilities iii. Medical marijuana dispensary facilities and/or marijuana establishments iv. Hospitals v. Hotels, resorts, motels vi. Halfway Houses vii. Boarding Houses viii. Amusement enterprises and parks ix. Circus, carnival, rodeos, and other related permanent facilities x. Zoos d. The 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 s eptic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. e. The following Planning Engineering conditions shall apply: 1. Any new site improvements w ill require a plan of development and traffic impact study. 2. Broadway Road is classified as a principal arterial, and 65-feet dedication in fee is required from the section line. i . At this time only preservation is needed for this requireme nt and can be requested as a design waiver through the narrative of the next submittal. 3. A section line (363rd alignment) coincides with the eastern portion of the parcel. At a minimum, Maricopa County Zoning Ordinance Section 1105 requires building setbacks to start from a future half-street rightof -way of 55 feet. 4. A midsection line ( Roeser Road alignment) coincides with the northern boundary of APN 506-42-2021, and per Maricopa County Zoning Ordinance Section 1105 requires building setbacks to start from a future half street right-of-way of 40 feet. i . Based on geographic constraints, this alignment is not needed for a public roadway and can be requested as a design waiver through the narrative of the next submittal. 5. Any additional dedication and offsite improvements needed will be determined by MCDOT Traffic and MCDOT Permits based on submittal of a TIA/TIS. 6. 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. 7. 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. f. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. g. Prior to issuance of the initial building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been de signed 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 req uired. h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for six (6) years within which time the initial plan of development and initial construction permit must be obtained. i . The property owner/s a nd their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. j. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Ch ange as set forth in the Maricopa County Zoning Ordinance. k. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change 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 fa ilure 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 right s 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 Cha nge 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-44-24-029-X-00)

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