Vote: held

Item Text

PZ-3. MARBELLA RANCH Case: CPA2014002 Supervisor District: 4 Applicant: Marbella Homes Owner: El Paso Natural Gas Company Request: Comprehensive Plan Amendment (CPA) to change the land use designation in the White Tank / Grand Avenue Area Plan from Mixed Use Employment to Medium Density Residential (5 - 15 d.u./ac.). CPA case approval is by Resolution. Site Location: Approximately at the northwest corner of Glendale Ave. and El Mirage Rd., in the Glendale area Site Size: Approx. 252 acres Commission Recommendation: By a vote of 7-0, recommended approval of CPA2014002 subject to conditions ‘a’ – ‘g’ as shown below. Provided the following conditions are met: a. Development and use of the site shall comply with the narrative report entitled, “Marbella Ranch Project Narrative”, including all exhibits dated revised April 3, 2014, and stamped received April 4, 2014, except as modified by the following conditions. b. If the Board takes action to amend or revert/rescind subsequent zoning, this land use plan shall be considered for amendment. c. The total number of residential units shall not exceed 1,260 dwelling units. d. Prior to initial Final Plat approval or initial precise plan of development, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval of a Maricopa Association of Governments (MAG 208) amendment from Liberty Utilities. e. The following Maricopa County Sherriff’s Office conditions shall apply: • Prior to any final plat, the master developer shall enter into a development agreement with the Maricopa County Sherriff’s Office (MCSO) to provide law enforcement services to Marbella Ranch and surrounding areas. • This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to pay their proportionate share for start-up costs (vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops); and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until full law enforcement service contract is otherwise implemented. The development agreement may also include, but not necessarily be limited to the master developer’s requirement to donate to the County, for use by the MCSO, their proportionate share of separate office space complete with tenant improvements or land (the size to be determined in the development agreement), or payment of fees when a permit is issued. • This development agreement shall include the terms listed in this stipulation unless otherwise mutually agreed to by MCSO and the master developer; furthermore, the development agreement shall be signed by both the master developer and the MCSO and provided to the Maricopa County Planning and Development Department for public record. f. The following Luke Air Force Base condition shall apply: Marbella Ranch shall notify future occupants/tenants that they are located near a military airport with the following language: “You are locating in a residential dwelling inside the State Statute defined “territory in the vicinity of a military airport,” which means that aircraft flying in this area are authorized to fly as low as 1,500 feet above the ground. You will be subject to direct overflights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes an average of approximately 165 overflights per day. Although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. For further information, please check the Luke Air Force Base website at www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and Development Department.” Such notification shall be permanently posted on not less than a 3 foot by 5 foot sign in front of all leasing offices and be permanently posted on the front door of all leasing offices on not less than 8½ inch by 11 inch sign. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. (C-44-14-086-M-00)