Attachment B - County Approval Letter.pdf

City of Phoenix — Formal (2024-09-18)

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v
MAR)COPA

COUNTY

Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003

P: 602.506.3301
Maricopa.gov

ATTACHMENT B

January 25, 2024

Kate Shaffer

May Potenza Baran & Gillespie
Central Arts Plaza

1850 N. Central Ave., 16" Floor
Phoenix, Arizona 85004-4633

SUBJ: Maricopa County Case Number Z2021007

On January 24, 2024, the Maricopa County Board of Supervisors approved your
request for a Zone Change from Rural-43 to C-3 CUPD for Montana Tractor &
Plow Company. The subject site consists of approx. 4.7 acres and is generally
located 350 ft east of the NEC of Happy Valley Rd. and 11" Ave. alignment in
the north Phoenix area. The approval is subject to the following conditions:

a.

Development of the site shall be in conformance with the Narrative
Report entitled “Team Tractor Ranch”, consisting of 4 pages, dated and
stamped received August 16, 2021, as modified to correct certain
typographical errors revising the narrative to correctly reference C-3
CUPD zoning in the Development Standards Table along with updates
to the C-3 CUPD table as listed in condition ‘d’.

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.

A traffic impact study (TIS) must be submitted with future
entitlement (such as POD) application.

Happy Valley Road is within the jurisdiction of the City of
Phoenix. The applicant will be responsible for coordinating with
the City to review any traffic impact, right-of-way dedication,
permitting or roadway improvement requirements.

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.

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MAR)COPA
COUNTY

The CUPD overlay is applied to restrict the use of the site to farm-related
vehicles and equipment leasing, rentals, and sales and similar uses as
approved by the County Zoning Administrator, but not including
equipment customarily used for heavy construction.

The following C-3 CUPD standards shall apply:

1, Site Screening: 8’ CMU block wall shall be required along and
adjacent to any side or rear property line abutting any rural or
residential zone boundary. In addition, there shall be a 10’ strip
of landscaping provided along the exterior of said wall with 24”
box trees planted 20’ apart on center in substantial
conformance with the site plan entitled “Team Tractor”
consisting of one page dated and stamped received November
4, 2021. Landscaping shall be maintained.

2. Elimination of sight visibility triangle at the NWC of Happy
Valley Rd. and 9" Ave.

3. 10’ min. west side setback

4. 25’ min. rear setback

Required parking spaces, tractor/equipment display areas and the
primary site access shall be concrete or paved or may be alternatively
surfaced with ABC material rolled and compressed with a liquid
asphaltic binder/emulsifier.

Outdoor storage areas and internal driveways shall be concrete or
paved, storage areas may be alternatively surfaced with ABC material.

Administrative approval of a Plan of Development will 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 that 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
review and approval will be required. Prior to issuance of a building
permit, written confirmation will be provided that the site is served by a
public water system.

Prior to Zoning Clearance for construction permits, the applicant shall
provide a copy of City of Phoenix approvals to Maricopa County
Planning and Development Department for the right-of-way
improvements to Happy Valley Rd.

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MARICOPA
COUNTY

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.

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.

Please feel free to call me if you have any questions at 602-372-0318.

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