Vote — approved

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

8.MARBELLA RANCH Case #: Z2019053 Supervisor District: 4 Applicant / Owners: Tiffany and Bosco, PA / Marbella Ranch Limited Partnership, Marbella Ranch Community Association, KB Home Phoenix Inc., Lennar Corporation Request: Zone Change Modification of Conditions to RUPD development standards for setbacks, height, lot area, lot width and lot coverage (Z2016102) – Marbella Ranch in the R-5 RUPD Zoning District Site Location: Generally located approx. 407’ southwest of the southwest corner of Nort

Item Text

8. MARBELLA RANCH Case #: Z2019053 Supervisor District: 4 Applicant / Owners: Tiffany and Bosco, PA / Marbella Ranch Limited Partnership, Marbella Ranch Community Association, KB Home Phoenix Inc., Lennar Corporation Request: Zone Change Modification of Conditions to RUPD development standards for setbacks, height, lot area, lot width and lot coverage (Z2016102) – Marbella Ranch in the R-5 RUPD Zoning District Site Location: Generally located approx. 407’ southwest of the southwest corner of Northern Ave. and El Mirage Rd. in the Glendale area Commission Recommendation: On 10/8/20, the Commission voted 6-0 to recommend approval of Z2019053 subject to conditions ‘a’ – ‘z’: a. Development of the site shall comply with the Zoning Exhibit entitled “Legal Description Marbella Ranch North Stip Mod and CPA Mod Limits”, consisting of 3 pages, dated revised June 2, 2020, and stamped received July 27, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Narrative Rezone Marbella Ranch North Stipulation Modification”, consisting of 11 pages, dated September 1, 2020, and stamped received September 1, 2020, except as modified by the following conditions. c. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS §11-814. The term of this conditional zoning is approval of a final plat or plan of development, as applicable, for the initial phase of development within five years of Board of Supervisors approval of Z2014011, and then an additional five years to obtain final plat or plan of development approval as applicable for each successive phase of development. While not a term of the conditional zoning, the applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2014011 which details the status of the project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved zoning still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive plan and applicable area plan and land use plans. The status reports to be administratively reviewed by Planning and Development with the ability administratively to accept or 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 all final plats and/or plans of development. d. The following R-5 RUPD Zoning District standards for Single Family Traditional products shall apply: 1. Max. Height: 30’/2 stories for detached single family residential, 40’/3 stories for attached single family residential townhome 2. Min. Rear Yard: 5’ for detached single family residential, 5’ for attached single family residential townhome 3. Min. Lot Area: 4,000 sq. ft. 4. Min. Lot Width: 40’ for detached single family residential and 30’ for attached single family residential townhome 5. Min. 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 6. Min. Rear yard setback: 5’ for detached single family residential, 5’ for attached single family residential townhome 7. Min. Front Yard: 10’ e. The following R-5 RUPD Zoning District standards for Neo-Traditional products shall apply: 1. Min. Front Yard: 5’ 2. Min. Side Yard: 5’ or 2’ for side loaded garage 3. Min. Street side Yard: 5’ 4. Min. Rear Yard: 5’ 5. Min. Lot area: 2,500 sq. ft. 6. Min. Lot Width: 40’ for detached single family residential and 30’ for attached single family residential townhome 7. Min. Lot Area Per Dwelling Unit: 2,500 sq. ft. 8. Max. Lot Coverage: 60% for detached single family residential and 60% for attached single family residential townhome f. Multiple Family products to include apartments and condominiums shall meet the base R-5 zoning district standards, with no further variations to the standards with these products., except that the following R-5 RUPD Zoning District standard for Multiple Family products shall apply: 1. Min. Rear Yard: 15’ g. Not less than 34 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. The 34 acres of required open space may be shared between both the north and south Marbella Ranch developments. h. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. i. 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) Condition noted on the attached memo from MCDOT Traffic Engineering dated 10/6/20: i. A traffic signal at the Collector Road & El Mirage Road intersection, and auxiliary turn lanes with appropriate storage lengths at access roads shall be provided in the infrastructure plans as part of Parcels 5 and 6. 3) 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; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. j. All interior streets within the proposed development are to be constructed to minimum County standards. k. 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. l. 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 (MAG208) amendment from Liberty Utilities which demonstrates a willingness and capability to serve Marbella Ranch. m. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. n. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. o. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to the 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. p. The Final Plat shall have a note that the property is within an area of known land subsidence and/or earth fissuring. No development including paved roadways or residential lots within 100’ of the mapped confirmed fissure, drainage and storm runoff should not be concreted or directed towards the fissure or offsite area. 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. However, if said report concludes negative impact regarding land subsidence and/or earth fissuring the required notification can include such results. q. Prior 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. r. The following Maricopa County Sherriff’s Office (MCSO) conditions shall apply: 1) Prior to any final plat, the master developer shall enter into a development agreement with the Maricopa County Sherriff’s Office (MCSO) to provide law enforcement services to Marbella Ranch and surrounding areas. 2) This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to pay their proportionate share for start-up costs (vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops); and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until full law enforcement service contract is otherwise implemented. The development agreement may also include, but not necessarily be limited to the master developer’s requirement to donate to the County, for use by the MCSO, their proportionate share of separate office space complete with tenant improvements or land (the size to be determined in the development agreement), or payment of fees when a permit is issued. 3) This development agreement shall include the terms listed in this stipulation unless otherwise mutually agreed to by MCSO and the master developer; furthermore, the development agreement shall be signed by both the master developer and the MCSO and provided to the Maricopa County Planning and Development Department for public record. s. The following Drainage Review conditions shall apply: 1) Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2) All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. t. 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). u. All habitable buildings constructed within this subdivision shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). v. 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. w. 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). x. 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. y. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of the application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due to such revocation. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. z. The following Luke Air Force Base condition shall apply: Marbella Ranch shall notify future occupants/tenants that they are located near a military airport with the following language: “You are locating in a residential dwelling inside the State Statute defined “territory in the vicinity of a military airport,” which means that aircraft flying in this area are authorized to fly as low as 1,500 feet above the ground. You will be subject to direct overflights and noise by Luke Air Force Base jet aircraft in the vicinity. 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. For further information, please check the Luke Air Force Base website at www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and Development Department.” Such notification shall be permanently posted on not less than a 3 foot by 5 foot sign in front of all leasing offices and be permanently posted on the front door of all leasing offices on not less than 8½ inch by 11 inch sign. (C-44-21-108-X-00)

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