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

17. LA SALVIA DAIRY Case #: Z2024063 Supervisor District: 5 Applicant & Owner: William Lally, Tiffany & Bosco, P.A. / La Salvia Survivor’s Trust Request: Zone change with overlay from Rural-43 to R-5 RUPD Site Location: Generally located 300 feet northwest of the NWC of 27th Ave. and Dobbins Rd. in the Laveen area Commission Recommendation: On 11/7/24, the Commission voted 4-3 (motion by Milhaven D2, seconded by Curley D3, with Danzeisen D5, Lindblom D1 and Lawrence D1 dissenting) to adopt a motion recommending the Board of Supervisors approve Z2024063 with conditions ‘a’ – ‘p’. a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “La Salvia Dairy – Rezone”, consisting of three full-size sheets, dated September 9, 2024, and stamped received September 11, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “La Salvia Dairy”, consisting of 14 pages, dated September 10, 2024, and stamped received September 11, 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. The traffic impact study will need to be submitted and reviewed with the future entitlement (POD) application. 3. 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. Prior to approval of the initial final plat or precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). e. If the site remains unincorporated the developer shall provide a written notification to future property owners that this is an area that contains rural residential, equestrian, and agricultural activities may occur in proximity of the site. Such notification shall be in any subdivision public reports, such as a Covenants, Conditions & Restrictions (CC&Rs) and noted on any subdivision plat or plan of development for this site. Such notice shall state: “You are purchasing a property near a rural residential properties that may have livestock and may have equestrian activities that may produce dust, noise, light, and odor.” f. If the site remains unincorporated all transformers, back-flow prevention devices, utility boxes, and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened by landscaping materials where possible. g. If the site is not annexed into the City of Phoenix, a ‘will serve’ letter shall be required from the Laveen Fire District with any final plat or plan of development. h. The developer must provide documentation from the Laveen Elementary School District, Roosevelt Elementary School District, and Phoenix Union High School District stating their awareness of any residential development on this site with any final plat or plan of development submittal. i. The following requested R-5 RUPD development standards shall apply to this site: 1. Minimum font yard setback of 10 feet. 2. Minimum rear yard setback of 12 feet. 3. Minimum lot area of 4,000 square feet. 4. Minimum lot width of 30 feet. 5. Maximum density of 15 dwelling units per acre. 6. A minimum 15% of any subdivision plat or plan of development within this R-5 RUPD zoning district must consist of passive and active open space. j. Prior to initial Final Plat approval or initial precise plan of development approval, the applicant shall submit to the Maricopa County Planning and Development Department confirmation of service by the City of Phoenix and verification of approval of a 208 Amendment approved by the Maricopa Association of Governments Regional Council if the site remains unincorporated. k. Prior to initial Final Plat approval or initial precise plan of development approval, the applicant shall submit to the Maricopa County Planning and Development Department confirmation of service by the City of Phoenix and an approved Certificate of Convenience and Necessity (CC&N) issued by the State of Arizona if the site remains unincorporated. l. Prior to the submission of a final plat or plan of development, the developer must conduct a Class I Cultural Resources Inventory of the site to determine the extent of any known cultural resources. The developer shall take measures to avoid and minimize the impact of any known or found cultural resource during the construction of any phase of the development. Prior to the submission of a final plat or plan of development the developer shall provide a letter from the State Historic Preservation Office (SHPO) stating if or if not, the site is in an area of historical or cultural significance. m. The landowner or developer shall coordinate with the Arizona Game & Fish Department in each phase of development to determine best management practices to minimize impacts on the area’s wildlife. The landowner or developer shall coordinate with the Arizona Game & Fish Department to determine the appropriate wildlife and habitat surveys that will need to be conducted during the development of the site. n. 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. o. 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. p. 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-44-25-045-X-00)

Attachments (1)