Vote: approved

Item Text

PZ-1. LUKE LAND 58 Case #: CPA2015001 Supervisor District: 4 Applicant/Owner: Jack Gilmore – Gilmore Planning and Landscape Architecture Request: Comprehensive Plan Amendment (CPA) to change the land use designation from Mixed Use Employment to Medium Density Residential (5 - 15 d.u./ac.) CPA case approval is by Resolution, attached. Site Location: Approximately at the northwest corner of Glendale Ave. and the 127th Avenue alignment (in the Glendale area) Site Size: Approximately 55 acres County Island Status: NA Additional Comments: Each of these two cases requires a motion. Three additional conditions were added to Z2015002 and recommended for approval by the Commission. Commission Recommendation (1st motion): On 4/9/15, the Commission voted 7-0 to recommend approval of CPA2015001 subject to conditions ‘a’ – ‘g’: a. Development and use of the site shall comply with the narrative report entitled, “A Comprehensive General Plan Amendment for Luke Land 58”, including all exhibits dated revised February 19, 2015, and stamped received February 20, 2015, 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 to change the land use designation back to the prior Mixed Use Employment. c. The total number of residential units shall not exceed 274 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 Luke Air Force Base condition shall apply: Luke Land 58 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. f. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of CPA2015001 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this comprehensive plan amendment is still present, and whether the land use designations associated with this comprehensive plan amendment still represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Board rescinds this comprehensive plan amendment and reverts the current land use designations back to ‘Mixed Use Employment’ all entitlements associated with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, area plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. 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-44-15-079-M-00)