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

6. LANE PROPERTY Case #: Z2023120 Supervisor District: 2 Applicant & Owner: Douglas Lane / Lane Douglas Request: Zone change with overlay from R1-8 to R-5 RUPD Site Location: Generally located 690’ East of the SEC of Merrill Road & Akron Street in the Apache Junction area Commission Recommendation: On 6/13/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023120 subject to conditions ‘a’ – ‘j’: a. All Plans of Development shall be developed in substantial conformance with the zoning exhibit entitled “Lane Property Zoning Exhibit Case Z2023120” consisting of one full-size sheet, stamped received March 17, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “Lane Property Zone Change”, consisting of 4 pages, dated March 5, 2024, and stamped received March 17, 2024 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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. Engineering review of rezone 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 practice at the time of application for construction. d. The following R-5 RUPD Zoning District standards shall apply: 1. Minimum Side Yard Setback – 2’ 2. Minimum Rear Yard Setback – 15’ e. Approval of a POD shall be obtained within 6 months of the Board of Supervisor approval of case Z2023120. f. All outdoor lighting shall conform with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. g. Any amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change per the requirements and procedures set forth in the Maricopa County Zoning Ordinance. i. 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. j. 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 may be considered for reversion to the zoning that existed on the date of application in accordance with Maricopa County Zoning Ordinance requirements. 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 or expiration 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-44-25-004-X-00)

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