Vote — approved

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

9.MARBELLA WEST Case #: MCP2020002 Supervisor District: 4 Applicant / Owner: Tiffany and Bosco, PA / Marbella Ranch Limited Partnership Request: Military Compatibility Permit (MCP) without a Plan of Development to allow commercial and industrial uses in the Rural-43 (MAAMF) zoning district Site Location: Generally located approx. 1,700’ southwest of the southwest corner of Northern Ave. and El Mirage Rd. in the Glendale area Commission Recommendation: On 9/10/20, the Commission voted 6-0 to reco

Item Text

9. MARBELLA WEST Case #: MCP2020002 Supervisor District: 4 Applicant / Owner: Tiffany and Bosco, PA / Marbella Ranch Limited Partnership Request: Military Compatibility Permit (MCP) without a Plan of Development to allow commercial and industrial uses i n the Rural-43 (MAAMF) zoning district Site Location: Generally located approx. 1,700’ southwest of the southwest corner of Northern Ave. and El Mirage Rd. in the Glendale area Commission Recommendation: On 9/10/20, the Commission voted 6-0 to recom mend approval of MCP2020002 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Marbella West”, consisting of 9 pages, dated August 14, 2020, and stamped received August 14, 2020, except as modified by the following conditions. b. The Military Compatibility Permit shall be limited to the following uses as per UC2019006: 1. Motor Vehicle Parking 2. Communications (noise sensitive) 3. Utilities 4. Other transportation, communications, and utilities 5. Wholesale trade 6. Building materials-retail 7. Food-retail 8. Automotive and marine 9. Apparel and accessories-retail 10. Eating and drinking places 11 . Furniture and home furnishings-retail 12. Other retail trade 13. Offsite Advertising (billboards) 14. Self-Storage facilities 15. Equipment rentals and sales, but not including equipment customarily used for heavy construction 16. Wh olesale landscape and nursery materials sales 17. Finance, insurance, real estate 18. Personal services 19. Business services 20. Repair services 21. Contract construction services 22. Indoor recreation services 23. Other servic es 24. Food and kindred products 25. Textile mill products 26. Apparel 27. Lumber and wood products 28. Furniture and fixtures 29. Paper and allied products 30. Printing and publishing 31. Chemicals and allied products 32. Petroleum refining, and related industries 33. Rubber and miscellaneous plastic 34. Stone, clay and glass products 35. Primary metal industries 36. Fabricated metal products 37. Professional, scientific, and controlling instruments 38. Miscellaneous manufacturing 39. Government services 40. Cultural activities, including churches 41. Medical and other health services 42. Nonprofit organizations 43. Correctional facilities 44. Other public and quasi-public services 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, acces s 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. Plan of Development(s) must be approved prior to application for any building permits on site. 3. A Traffic Impact Study to address traffic impacts and roadway improvements; and any subsequent right-of-way dedication required to support the proposed development must be submitted/addressed with the Plan of Development(s). 4. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplai n Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. d. The following Maricopa County Environmental Services Department (MCESD) conditio n shall apply: 1. ATC must be obtained prior to construction permit approval. e. All buildings are subject to noise attenuation as per ARS § 28-8482(B). f. The following standards shall apply to the Military Compatibility Permit: 1. Max . Height – 60’ 2. Min. Front Yard – 20’ 3. Min. Side Yard – 0’ 4. Min. Street-side Yard – 5’ 5. Min. Rear Yard – 15’ 6. Min. Lot Area – 6000 sq. ft. 7. Min. Lot Width – 60’ 8. Max. Lot Coverage – 60% 9. On-Si te Signs – Section 1403 Commercial Regulations or 1404 Industrial Zoning Regulations May Apply 10. Off-Site Signs – Section 1403 Commercial Regulations or 1404 Industrial Zoning Regulations May Apply, except as modified below 11. Off-Site Sign Ma x. Height – 65’ 12. Off-Site Sign Maximum Size – 672 sq. ft. 13. Min. Separation Distance – 1,000’ / Maximum of 3 Off-site signs along Northern Avenue at min. 600’ separation distance 14. Off-Site Sign Min. Side Yard Setback – 0’ 15. Of f-Site Sign Min. Front Yard Setback – 0’ 16. Off-Site Sign Min. Street-side Yard Setback – 0’ 17. Off-Site Sign Min. Setback to Rural or Residential zoning district– 0’ 18. Off-Site Sign Min. Setback to Rural or Residential zoning district for Illuminated Sign – 0’ 19. Off-Site Sign Min. Separation from Rural or Residential zoning district – 100’/ 0’ along the perimeter of Northern Avenue only 20. Screening – Loading docks, outdoor storage and commercial parking within 100’ of a residential zoned district or rural zoned subdivision must be screened from view by a 6’ wall or fence, landscape such as hedges or trees or other screening of 80% opacity or more. Remainder perimeter screening may be chain-link. g. The following Luke Air Force Base condition shall apply: Marbella Ranch Limited Partnership shall notify future occupants/tenants that they are located near a military airport with the following language: Luke Air Force Base executes an average of appro ximately 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 n ormal 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.luk e.af.mil/urbandevelopment or contact the Maricopa County Planning and Development Department.” h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Military Compatibility Permit as set forth in the Mari copa County Zoning Ordinance. 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 ha s 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, and at the time of expiration of the Military Compatibility Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocati on due to the failure to comply with any conditions, or the expiration of the Military Compatibility Permit, 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 diminuti on in value of the property from the value it held on the date of application due to such revocation or expiration of the Military Compatibility Permit. The Military Compatibility Permit enhances the value of the property above its value as of the date th e Military Compatibility Permit is granted and reverting to the prior zoning results in the same value of the property as if the Military Compatibility Permit had never been granted. (C-44-21-083-X-00)

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