Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

14. RE-ZONE FOR FUTURE LOT SPLIT Case #: Z240005 Supervisor District: 4 Applicant & Owners: Jon Harris, CLD, LLC / Patricia Martinez and Jose Miguel Soto Durazo Request: Zone Change from Rural-190 to Rural-43 Site Location: Generally located 1,610’ west of the NWC of 355th Ave. and Dobbins Rd. in the Arlington area Commission Recommendation: On 12/5/24, the Commission voted 5-0 (motion by Schlosser D4, seconded by Curley D3) to adopt a motion recommending the Board of Supervisors approve Z240005 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Re-Zone for Future Lot Split,” consisting of 1 full-size sheet, dated September 11, 2024, and stamped received November 13, 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 “Martinez / Soto Property,” consisting of 3 pages and stamped received September 20, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Any disturbance to the floodplain will require a floodplain use permit be issued concurrent with any building permits. Structures located in the floodplain must be elevated to the regulatory flood elevation. 2. Preservation of right-of-way (55’) along Dobbins Road is required unless otherwise determined by MCDOT. 3. Without the submittal of any development plans, no development approval is inferred by this review, including, but not limited to number of proposed building lots, 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. 4. 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. 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. e. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. f. 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 by the Board after recommendation by the Commission at a public hearing for reversion to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that 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-44-25-063-X-00)