Vote — approved

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

5.LUKE LAND 58 Case #: CPA2021004 Supervisor District: 4 Applicant / Owner: Jack Gilmore, Gilmore Planning and Landscape Architecture / Luke Land 58 LLC Request: Modification to Condition ‘f’ of CPA2015001 regarding status report approvals Site Location: Approximately the northwest corner of Glendale Ave. and the 127th Ave alignment in the Glendale area Commission Recommendation: On 5/13/21, the Commission voted 10-0 to recommend approval of CPA2021004 subject to conditions ‘a’ – ‘f’: a. Develop

Item Text

5. LUKE LAND 58 Case #: CPA2021004 Supervisor District: 4 Applicant / Owner: Jack Gilmore, Gilmore Planning and Landscape Architecture / Luke Land 58 LLC Request: Modification to Condition ‘f’ of CPA2015001 regarding status report approvals Site Location: Approximately the northwest corner of Glendale Ave. and the 127th Ave alignment in the Glendale area Commission Recommendation: On 5/13/21, the Commission voted 10-0 to recommend approval of CPA2021004 subject to conditions ‘a’ – ‘f’: a. Development and use of the site shall comply with the narrative report entitled, “A Comprehensive General Plan Amendment for Luke Land 58”, including all exhibits dated revised February 19, 2015, and stamped received February 20, 2015, 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 to change the land use designation back to the prior Mixed Use Employment. c. The total number of residential units shall not exceed 274 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: Luke Land 58 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 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. 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 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 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 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. (C-44-21-267-X-00)

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