Vote — approved

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

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

Item Text

6. AGUA FRIA ESTATES Case#: Z2022152 Supervisor District: 4 Applicant / Owner: Chris Webb, Rose Law Group PC / Stellars Sea Cow, LLC Request: Zone Change with Overlay from Rural-43 to R1-6 RUPD Site Location: Generally located 1,000’ SE of the SEC of 117th Ave & Hatfield Rd. in the Peoria area Commission Recommendation: On 5/8/25 the Commission voted 9-0 motion by Commissioner Whitney D3, seconded by Commissioner Lawrence D1 to recommend the Board of Supervisors approve Z2022152 subject to conditions ‘a’ – ‘g’ with recommended change to condition ‘c.6’ as follows: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Agua Fria Estates”, consisting of 1 full-size sheet, dated April 3, 2025, and stamped received April 4, 2025, except as modified by the following conditions and noting that a revised exhibit must be provided within the 30 days to correctly reflect the average lot area per dwelling unit of 6,000 SF. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Agua Fria Estates” consisting of 14 pages, dated March 14, 2025, and stamped received March 26, 2025, except as modified by the following conditions and noting that a revised exhibit must be provided within the 30 days to correctly reflect the average lot area per dwelling unit of 6,000 SF. c. The following R1-6 RUPD standards shall apply: 1. Minimum Front Yard Setback: 10’ 2. Minimum Lot Area: 4,950 sq. ft. 3. Average Lot Area Per D.U.: 6,000 sq. ft. 4. Minimum Lot Width: 45’ 5. Maximum Lot Coverage: 55% 6. Minimum Rear Yard Setback: 15’ d. The following Planning Engineering conditions shall apply: 1. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits. Preliminary Grading & Drainage plan may be submitted for Pre-Plat approval e. 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. f. 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. g. 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-44-25-106-X-00)

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