Vote — approved

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

7.TRETHAN FARMS Case #: Z2019123 Supervisor District: 4 Applicant / Owner: Adam Baugh, Withey Morris PLC / Jewel Investment Company LP/ETAL Request: Rezone from Rural-43 and C-3 to R1-6 RUPD Site Location: Generally located at the southwest corner of Olive Ave. & Cotton Ln. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019123 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the conceptual Site Plan e

Item Text

7. TRETHAN FARMS Case #: Z2019123 Supervisor District: 4 Applicant / Owner: Adam Baugh, Withey Morris PLC / Jewel Investment Company LP/ETAL Request: Rezone from Rural-43 and C-3 to R1-6 RUPD Site Location: Generally located at the southwest corner of Olive Ave. & Cotton Ln. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019123 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the conceptual Site Plan entitled “Olive Avenue and Cotton Lane”, consisting of 2 full-size sheets, dated May 6, 2020, and stamped received May 12, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Trethan Farms”, consisting of 8 pages, dated April 3, 2020, and stamped received May 12, 2020, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. e. The following Planning Engineering comments 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. Storm water retention for the development of this site shall be in accordance with MCZO 1205.7.6.2. 3. A traffic impact study must be submitted with any future entitlement application (i.e. Preliminary Plat). 4. An application for a CLOMR must be submitted to the Flood Control District of Maricopa County concurrent with any future entitlement application (i.e. Preliminary Plat). 5. 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 f. 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. For further information, please check the Luke Air Force Base website at www.luke.af.mil/ or contact the Maricopa County Planning and Development Department.” g. 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. h. The following R1-6 RUPD standards shall apply: 1. Front Yard Setback: 15 feet 2. Rear Yard Setback: 20 feet 3. Minimum Lot Area: 4,378 square feet 4. Minimum Lot Area per Dwelling Unit: 7,000 square feet 5. Minimum Lot Width: 45 feet 6. Maximum Lot Coverage: 55% i. 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. j. 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. (C-44-21-029-X-00)

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