Vote — approved

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

8.2 du/ac. d. 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 number of proposed building lots/units, 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. The 125th Avenue abandonment will be made a condition of the pla

Item Text

8. DAKOTA CREEK Case #: Z2020078 Supervisor District: 4 Applicant / Owners: Joe Walsh, Walsh Design Group / James Shade (Crown Charter School, Inc.) & Dakota Fabricating, Inc. Request: Zone Change from Rural-43 to R-5 RUPD without a Precise Plan of Development Site Location: Approx. 1,300’ south of the SWC of Glendale Ave. and El Mirage Rd., in the Glendale area Commission Recommendation: On 3/11/21, the Commission voted 6-0 to recommend approval of Z2020078 subject to conditions ‘a’ – ‘ i ’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Dakota Creek“ , consisting of 1 full-size sheet, dated January 2, 2021, and stamped received January 29, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Narrative for Rezone of Dakota Creek”, consisting of 7 pages, dated January 29, 2021, and stamped received January 29, 2021, except as modified by the following conditions. c. The following R-5 RUPD standards shall apply: 1. Rear yard: 15 ft. 2. Garage setback to alley line: 3 ft. 3. The R-5 RUPD zoning district shall be limited to a maximum density of 8.2 du/ac. d. 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 number of proposed building lots/units, 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. The 125th Avenue abandonment will be made a condition of the plan of development approval. See https://www.maricopa.gov/4578/County-Road-Abandonment for more information. 3. A traffic impact study must be submitted with future preliminary plat or plan of development (POD) application(s). 4. R/W dedication (32 feet to provide an ultimate width of 65 feet) along the development site's El Mirage Road frontage will be required as part of any future entitlement application(s). 5. Engineering review of re-zone cases is conceptual in nature. 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. e. 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. f. 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. 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. The following Luke Air Force Base condition shall apply: 1. James Shade / Crown Charter School, Inc. and/or Dakota Fabricating, Inc. and/or the future property owner shall notify future occupants/tenants that they are located near a military airport with the following language: 2. “You are locating in a residential dwelling outside the “territory in the vicinity of a military airport,” however 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. 3. Luke Air Force Base executes an average of approximately 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. 4. 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. 5. 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. 6. 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.” 7. 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. i . Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years, within which time all parcels within the R 5 RUPD zoning district shall be subject of an approved plan of development or final subdivision plat, and an issued infrastructure permit for ultimate residential development. If this term is not met the Planning and Development Department may present the R-5 RUPD zoning for Z2020078 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. (C-44-21-228-X-00)

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