Vote: approved

Item Text

PZ-2. LUKE LAND 58 Case #: Z2015002 Supervisor District: 4 Applicant/Owner: Jack Gilmore – Gilmore Planning and Landscape Architecture Request: Zone Change from Rural-43 to R-5 Residential Unit Plan of Development (RUPD) 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 (2nd motion): On 4/9/15, the Commission voted 7-0 to recommend approval of Z2015002 subject to conditions ‘a’ – ‘y’: a. Development of the site shall comply with the Zoning Exhibit entitled “Luke Land 58 Master Land Use Plan”, consisting of one (1) 11” x 17 sheet, dated January 14, 2015, and stamped received February 20, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “A Rezoning Application for Luke Land 58”, consisting of 15 pages and seven (7) exhibits, dated revised February 19, 2015, and stamped received February 20, 2015, except as modified by the following conditions. c. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the subdivision infrastructure permit or construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015002 which details the status of this project, including progress on obtaining subdivision infrastructure and/or construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the initial subdivision infrastructure and/or construction permits for each zoning parcel (R-5 RUPD). d. The following R-5 RUPD standards for the Single Family Traditional shall apply: 1. Height: 30’ for detached single family residential 2. Rear Yard: 12’ for attached single family residential townhome 3. Lot Area: 5,000 sq. ft. detached SFR 3,00 sq. ft. attached SFR Townhome 4. Lot Width: 45’ for detached single family residential and 30’ for attached single family residential townhome 5. Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family residential and 3,000 sq. ft. for attached single family residential townhome e. The following R-5 RUPD standards for the Neo-Traditional shall apply: 1. Front Yard: 5’ 2. Side Yard: 5’ or 2’ for side loaded garage 3. Street side Yard: 5’ 4. Rear Yard: 5’ 5. Lot area: 2,500 sq. ft. 6. Lot Width: 45’ for detached single family residential and 30’ for attached single family residential townhome 7. Lot Area Per Dwelling Unit: 2,500 sq. ft. f. The following R-5 RUPD standard for the Multiple Family shall apply: 1. Lot Area Per Dwelling Unit: 1,100 sq. ft. g. Not less than 6 acres shall be developed as recreational open space to include playgrounds, tot lots, mini-parks and amenities. At the time of each preliminary plat submission, the developer shall include a description of the status, cumulative acreage and proposed amenities as identified with this condition. h. The following Engineering conditions shall apply: 1. Any application for site development must include a grading and drainage plan prepared by a licensed civil engineer in accordance with Planning & Development Form 706 (Preliminary Plat Phase) & Forms 705 & 712B (Final Plat & Building Permit Phase). 2. Any application for site development will require the submission of a Traffic Impact Study prepared in accordance with MCDOT requirements. 3. Any application for site development will require a 40 foot wide (half-width) dedication along the 127th Avenue alignment. i. All interior streets within the proposed development are to be constructed to minimum County standards. j. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. k. Prior to any Final Plat approval, 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 which demonstrates a willingness and capability to serve Marbella Ranch. l. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. m. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. n. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to issuance of a grading permit. The applicant must contact the State office prior to initiating disturbance of the site. The applicant shall provide the Planning and Development Department with written proof of compliance with this stipulation. o. The Final Plat shall have a note that the property is within an area of known land subsidence and/or earth fissuring. Further, notice that the property is in area of known land subsidence and/or earth fissuring and a definition of both land subsidence and earth fissures shall be prominently displayed in the sales office, in the covenants, conditions and restrictions (CC&Rs), and in any disclosure statements for conveyance documents. p. Prior to zoning clearance or Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, servicing the site. q. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). r. All habitable buildings constructed within this subdivision shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). s. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. t. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). u. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. v. 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. w. Luke Land 58 and successors shall notify future occupants/tenant in subdivision public reports, property conveyance documents and/or lease agreements as may be appropriate, that they are located adjacent to a salt extraction operation. Such notice shall state: “You are locating a residential home next to a salt extraction operation that operates heavy machinery that produces noise and dust.” Such notification shall be provided in writing to all future occupants / tenants on a separate sheet of paper (not incorporated into form document) of no less than 12 font print. x. There will be a minimum 50’ landscape setback along the west property line of the property. The landscape setback shall include a row of trees setback, planted at a minimum of 45 feet east of the property line and planted 25 feet on-center. y. Any residential unit placed on lots along the west side of the property that only abuts the 50 foot landscaped setback shall be limited to one story. (C-44-15-080-M-00)