Vote — approved

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

13.303 AND OLIVE Case #: Z2019129 Supervisor District: 4 Applicant / Owner: William E. Lally, Tiffany & Bosco, P.A./ Jetsri Properties, Desert Forest Nursery, Cromer LLC, Family First Invest, FHF LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located approximately 500’ south of the SEC of Olive Ave. & Cotton Ln. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019129 subject to conditions ‘a’ – ‘i’: a. Developmen

Item Text

13. 303 AND OLIVE Case #: Z2019129 Supervisor District: 4 Applicant / Owner: William E. Lally, Tiffany & Bosco, P.A./ Jetsri Properties, Desert Forest Nursery, Cromer LLC, Family First Invest, FHF LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located approximately 500’ south of the SEC of Olive Ave. & Cotton Ln. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019129 subject to conditions ‘a’ – ‘i’: a. Development of the site shall comply with the Zoning Exhibit entitled “Loop 303 & Olive”, consisting of 1 full-size sheet, stamped received July 7, 2020, except as modified by the following conditions. b. Development of the site shall be in general conformance with the Narrative Report entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received July 7, 2020, except as modified by the following conditions. c. The CUPD overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. d. The C-2 CUPD shall prohibit the following land uses: Medical Marijuana facilities, Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for restaurants. e. The following C-2 CUPD standards shall apply for the offsite (billboard) signage: 1. Maximum height: 45’ 2. Maximum sign area: 672 sq. ft. 3. Rear yard setback for APN 501-05-006M: 0’ (east) 4. Setback to Rural-43 zoning: 0’ east and north/50’ south 5. Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’ south 6. Screening: no screening for billboard or nursery f. The following 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. Dedication of additional right-of-way along Cotton Lane may be required as part of future site entitlements (i.e. plan of development). 3. A Traffic Impact Study must be submitted with the application for future entitlements (i.e. plan of development). 4. An application for a CLOMR may be required concurrent with any future entitlement application that would impact the FEMA Floodplain along Cotton Lane. 5. Engineering design for site development 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. 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 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. h. All buildings subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. i. 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’ as 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. (C-44-21-023-X-00)

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