Vote — approved

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

7.MARBELLA RANCH Case #: CPA2019006 Supervisor District: 4 Applicant / Owners: Tiffany and Bosco, PA / Marbella Ranch Limited Partnership, Marbella Ranch Community Association, KB Home Phoenix Inc., Lennar Corporation Request: Comprehensive Plan Amendment (CPA) Modification of Condition to increase maximum allowed units (CPA2014002) – Marbella Ranch in the R-5 RUPD Zoning District. CPA approval is by Resolution. Site Location: Generally located approx. 407’ southwest of the southwest corner of N

Item Text

7. MARBELLA RANCH Case #: CPA2019006 Supervisor District: 4 Applicant / Owners: Tiffany and Bosco, PA / Marbella Ranch Limited Partnership, Marbella Ranch Community Association, KB Home Phoenix Inc., Lennar Corporation Request: Comprehensive Plan Amendment (CPA) Modification of Condition to increase maximum allowed units (CPA2014002) – Marbella Ranch in the R-5 RUPD Zoning District. CPA approval is by Resolution. 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 CPA2019006 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Narrative CPA – Marbella Ranch”, consisting of 10 pages, dated August 10, 2020, and stamped received August 10, 2020, except as modified by the following conditions. b. If the Board takes action to amend or revert/rescind subsequent zoning, this land use plan shall be considered for amendment. c. The total number of residential units shall not exceed 1,660 dwelling units. d. Prior to initial Final Plat approval or initial precise plan of development, 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 (MAG 208) amendment from Liberty Utilities. e. 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. f. 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. g. 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 8/7/20 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. (C-44-21-110-X-00)

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