Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

13.BETH EMETH CONGREGATION ZONE CHANGE REQUEST Case #: Z2019130Supervisor District: 4Applicant / Owner: Jordan Colbert, Beth Emeth Congregation / Beth Emeth CongregationRequest: Zone Change from Rural-43 to R-5Site Location: Generally located approx. 650 feet north of the NWC of the intersection of R.H. Johnson Blvd. and Meeker Blvd., in the Sun City West area Commission Recommendation: On 3/12/20, the Commission voted 7-0 to recommend approval of Z2019130 subject to conditions ‘a’ – ‘i’: a. Dev

Item Text

13. BETH EMETH CONGREGATION ZONE CHANGE REQUEST Case #: Z2019130 Supervisor District: 4 Applicant / Owner: Jordan Colbert, Beth Emeth Congregation / Beth Emeth Congregation Request: Zone Change from Rural-43 to R-5 Site Location: Generally located approx. 650 feet north of the NWC of the intersection of R.H. Johnson Blvd. and Meeker Blvd., in the Sun City West area Commission Recommendation: On 3/12/20, the Commission voted 7-0 to recommend approval of Z2019130 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Beth Emeth Congregation – Zone Change Exhibit,” consisting of 1 8.5 x 11-inch sheet, stamped received February 3, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Beth Emeth Congregation Rezone Request”, consisting of 4 pages, dated January 27, 2020 and stamped received February 18, 2020, except as modified by the following conditions. c. 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 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. 2. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 3. 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. d. All future buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’s described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 training 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. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” f. 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. g. 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. h. 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. i. CC&Rs shall be recorded in association with the subject property and shall include an age-restriction as outlined below. It shall be the responsibility of the Homeowners’ Association to enforce the CC&Rs. Failure to comply with this Condition of Approval will be considered substantial noncompliance with this zone change approval and grounds for the Planning and Zoning Commission to consider revocation of approval of the zone change and for the site to revert back to its original Rural-43 zoning designation. An age restriction shall be recorded in CC&Rs associated with the subject property prior to issuance of the first building permit on the subject property that states: “All dwelling units on the subject property will be occupied by at least one (1) person not less than 55 years in age and no person 18 years or younger will be allowed to reside there for longer than 90 days.” Additional Comments According to the applicant, discussions with representatives of the neighborhood opposition have resulted in an agreement to implement certain limitations on the R-5 development standards. On June 24, 2020 Ken Told (Brookside HOA Representative) Brian Halhead (Indian Wells HOA Representative) and Jordan Colbert (Beth Emeth Congregation Authorized Agent/Applicant) signed a “Good Neighbor” agreement to withdraw all 40 of the letters of objection that were submitted by members of those two HOAs if conditions were added to the approval of Z2019130 to stipulate a maximum building/structure height of 30 ft., a rear (west) building setback of 40 ft. and limitations on off-site lighting were implemented under a future Plan of Development. Because this agreement results in the withdrawal of all 40 of the Letters of Objection, the Super-majority vote no longer applies. These new conditions ‘j’ and ‘k’ are in addition to conditions of approval ‘a’ – ‘i,’ which were recommended for approval by the Commission. Staff recommends the Board motion for approval with inclusion of conditions ‘j’ and ‘k’ as follows to address the concerns raised by area residents. j. Any future Plan(s) of Development for the subject property shall include a maximum building/structure height of 30' and a minimum setback of 40' from the northwest property line. k. All outdoor lighting shall be shielded and directed downward below the horizontal plane to ensure there is no illumination of nor light trespass onto adjacent properties and there shall be no illuminated signs. This item was continued from the June 24, 2020 meeting. (C-44-20-098-M-00) (C-44-20-098-M-00 )

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