Vote: held

Item Text

12. WHITE TANK FOOTHILLS PHASE 3 Case #: Z2021050 Supervisor District: 4 Applicant & Owner: Brennan Ray, Burch & Cracchiolo , P.A. / Citrus & Lower Buckeye, LLC Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD accommodating a single-family residential subdivision Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale area Commission Recommendation: On 11/4/21, the Commission voted 5-1, to recommend approval of Z2021050 subject to conditions ‘a’ – ‘n’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “White Tank Foothills“ , consisting of one full-size sheet, dated September 23, 2021, and stamped received September 27, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “White Tank Foothills”, consisting of 68 pages, dated August 12, 2021, and stamped received August 20, 2021, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. 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 polices, standards and best practices at the time of application for construction. d. All buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 training 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.” Such notification shall be recorded on all Final Plats, be permanently posted on not less than a three foot by five foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. f. The following R1-6 RUPD PAD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot size of 5,175 sq. ft. 3. Minimum lot width of 45-feet. 4. Average lot area per dwelling unit of 8,000 sq. ft. 5. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD PAD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot width of 55-feet. 3. Average lot area per dwelling unit of 9,000 sq. ft. 4. Maximum lot coverage of 60 percent. h. The following R1-10 development standards shall apply: 1. Minimum front yards of ten feet. 2. Minimum side yards of five feet. 3. Minimum street side yards of five feet. 4. Minimum rear yards of 20 feet. 5. Minimum lot width of 75 feet. 6. Maximum lot coverage of 50 percent. i . There shall be at minimum three-foot-high shielded bollard lighting in pocket parks and amenity areas to minimize light pollution and maintain safety in these areas of the subdivision. j. All residential lots that abut Tract ‘A’ of White Tank Foothills Phase 1B shall be limited to a single story, excluding Lots 87 through 94 of Parcel 3.19. k. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public utility easement. l. 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. m. 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. n. 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. (C-44-22-098-X-00)

Attachments (2)

Vote — continued

Jack Sellers	yes
Bill Gates	yes
Thomas Galvin	yes
Clint Hickman	yes
Steve Gallardo	yes

6.WHITE TANK FOOTHILLS PHASE 3 Case #: Z2021050 Supervisor District: 4 Applicant & Owner: Brennan Ray, Burch & Cracchiolo, P.A. / Citrus & Lower Buckeye, LLC Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD accommodating a single-family residential subdivision Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale area Commission Recommendation: On 11/4/2

Item Text

6. WHITE TANK FOOTHILLS PHASE 3 Case #: Z2021050 Supervisor District: 4 Applicant & Owner: Brennan Ray, Burch & Cracchiolo , P.A. / Citrus & Lower Buckeye, LLC Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD accommodating a single-family residential subdivision Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale area Commission Recommendation: On 11/4/21, the Commission voted 5-1, to recommend approval of Z2021050 subject to conditions ‘a’ – ‘n’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “White Tank Foothills“ , consisting of one full-size sheet, dated September 23, 2021, and stamped received September 27, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “White Tank Foothills”, consisting of 68 pages, dated August 12, 2021, and stamped received August 20, 2021, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. 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 polices, standards and best practices at the time of application for construction. d. All buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 training 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.” Such notification shall be recorded on all Final Plats, be permanently posted on not less than a three foot by five foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. f. The following R1-6 RUPD PAD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot size of 5,175 sq. ft. 3. Minimum lot width of 45-feet. 4. Average lot area per dwelling unit of 8,000 sq. ft. 5. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD PAD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot width of 55-feet. 3. Average lot area per dwelling unit of 9,000 sq. ft. 4. Maximum lot coverage of 60 percent. h. The following R1-10 development standards shall apply: 1. Minimum front yards of ten feet. 2. Minimum side yards of five feet. 3. Minimum street side yards of five feet. 4. Minimum rear yards of 20 feet. 5. Minimum lot width of 75 feet. 6. Maximum lot coverage of 50 percent. i . There shall be at minimum three-foot-high shielded bollard lighting in pocket parks and amenity areas to minimize light pollution and maintain safety in these areas of the subdivision. j. All residential lots that abut Tract ‘A’ of White Tank Foothills Phase 1B shall be limited to a single story, excluding Lots 87 through 94 of Parcel 3.19. k. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public utility easement. l. 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. m. 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. n. 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. Additional Comments: The Board continued this matter on December 8, 2021 in order to have the applicant work with neighbors on a layout redesign of the residential subdivision that will have a lower density. The applicant is requesting further continuance of the case until the February 23rd Board hearing in order to modify the zoning exhibit and hold a neighborhood meeting to present the modified request to the neighbors. (C-44-22-098-X-00)

Attachments (1)

Vote: approved

Item Text

9. WHITE TANK FOOTHILLS PHASE 3 (Continued from 1/26/2022) Case #: Z2021050 Supervisor District: 4 Applicant & Owner: Brennan Ray, Burch & Cracchiolo , P.A. / Citrus & Lower Buckeye, LLC Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD accommodating a single-family residential subdivision Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale area Commission Recommendation : On 11/4/21, the Commission voted 5-1, to recommend approval of Z2021050 subject to conditions ‘a’ – ‘n’. Additional Comments : The applicant is requesting to amend the DMP and rezone for an increased lot yield in Phase 3. The previously approved DMP allowed for a maximum of 387 units in Phase 3, or 1.58 du/ac. The amendment will increase the lot yield to 654 units at 2.67 du/ac. The subject site is the third and final phase of the White Tank Foothills residential community. The applicant had the cases continued from the December 8, 2021 and January 26, 2022 BOS hearings. The Board instructed the applicant to work with the neighbors on a modified project with a lower density. In review of the modified Phase 3 amendment, staff offers the following modifications to the Commission recommended Z2021050 conditions renumbered ‘a’ – ‘o’ with revision to conditions ‘a’, ‘b’ and ‘j’, deletion of ‘f.3’, and addition of ‘h.1-3’ and ‘i.7’ as follows: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “White Tank Foothills“ , consisting of three full-size sheets, dated January 21, 2022, and stamped received January 27, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “White Tank Foothills”, consisting of 17 pages, dated January 26, 2022, and stamped received January 27, 2022, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. 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 polices, standards and best practices at the time of application for construction. d. All buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 training 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.” Such notification shall be recorded on all Final Plats, be permanently posted on not less than a three foot by five foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. f. The following R1-6 RUPD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot size of 5,175 sq. ft. 3. Average lot area per dwelling unit of 8,000 sq. ft. 4. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot width of 55-feet. 3. Average lot area per dwelling unit of 9,000 sq. ft. 4. Maximum lot coverage of 60 percent. h. The following R1-8 RUPD development standards shall apply: 1. Minimum rear yards of 15-feet. 2. Maximum lot coverage of 60%. 3. All lots adjacent to Harmont Dr. and Citrus Rd. shall have minimum lot widths of 75-feet with maximum structure height of 24-feet, all of which must be noted on each plat. i . The following R1-10 RUPD development standards shall apply: 1. Minimum front yards of ten feet. 2. Minimum side yards of five feet. 3. Minimum street side yards of five feet. 4. Minimum rear yards of 20 feet. 5. Minimum lot width of 75 feet. 6. Maximum lot coverage of 50 percent. 7. All residential lot located in the R1-10 RUPD zoning district shall have a minimum lot widths of 90-feet and a maximum structure height of 24-feet, all of which must be noted on each plat. j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks and amenity areas to minimize light pollution and maintain safety in these areas of the subdivision. k. All residential lots in Parcels 3.17 and 3.18 adjacent to and facing White Tank Foothills Phase 1 shall have a minimum lot width of 65-feet with a maximum height of 24-feet, all of which must be noted on each plat. l. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public utility easement. m. 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. n. 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. o. 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. Request from applicant to continue to March 9, 2022. (C-44-22-098-X-00)

Attachments (3)

Vote: approved

Item Text

8. WHITE TANK FOOTHILLS PHASE 3 (Continued from 2/23/2022) Case #: Z2021050 Supervisor District: 4 Applicant & Owner: Brennan Ray, Burch & Cracchiolo , P.A. / Citrus & Lower Buckeye, LLC Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD accommodating a single-family residential subdivision Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale area Commission Recommendation: On 11/4/21, the Commission voted 5-1, to recommend approval of Z2021050 subject to conditions ‘a’ – ‘n’. Additional Comments: The applicant is requesting to amend the DMP and rezone for an increased lot yield in Phase 3. The previously approved DMP allowed for a maximum of 387 units in Phase 3, or 1.58 du/ac. The amendment, as now modified, will increase the lot yield to 654 units at 2.63 du/ac. The subject site is the third and final phase of the White Tank Foothills Development Master Plan (DMP) residential community. The applicant had the cases continued from the December 8, 2021, January 26, 2022 and February 23, 2022 BOS hearings. The Board instructed the applicant to work with the neighbors on a modified project with a lower density. In review of the modified Phase 3 amendment, staff offers the following modifications to the Commission recommended Z2021050 conditions ‘a’ – ‘q’ renumbered with revision to conditions ‘a ’ , ‘b’ and ‘k’, deletion of ‘f.3’, and addition of ‘g.5’, ‘h.1-3’, ‘i.7’, ‘p’ and ‘q’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “White Tank Foothills“ , consisting of five pages, dated February 25, 2022, and stamped received February 28, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “White Tank Foothills”, consisting of 17 pages, dated February 25, 2022, and stamped received February 28, 2022, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. 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 polices, standards and best practices at the time of application for construction. d. All buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 training 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.” Such notification shall be recorded on all Final Plats, be permanently posted on not less than a three foot by five foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. f. The following R1-6 RUPD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot size of 5,175 sq. ft. 3. Average lot area per dwelling unit of 8,000 sq. ft. 4. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot width of 55-feet. 3. Average lot area per dwelling unit of 9,000 sq. ft. 4. Maximum lot coverage of 60 percent. 5. All lots in Parcel 3.17 and 3.19 adjacent and facing White Tank Foothills Phase 1 shall have minimum lot widths of 65-feet, all of which must be noted on each plat. h. The following R1-8 RUPD development standards shall apply: 1. Minimum rear yards of 15-feet. 2. Maximum lot coverage of 60%. 3. All lots adjacent to Harmont Dr. and Citrus Rd. shall have minimum lot widths of 75 feet, all of which must be noted on each plat. i . The following R1-10 RUPD development standards shall apply: 1. Minimum front yards of ten feet. 2. Minimum side yards of five feet. 3. Minimum street side yards of five feet. 4. Minimum rear yards of 20 feet. 5. Minimum lot width of 75 feet. 6. Maximum lot coverage of 50 percent. 7. All residential lots in the R1-10 RUPD zoning district shall have a minimum lot width of 90-feet and a maximum height of 24-feet, all of which must be noted on each plat. j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks and amenity areas to minimize light pollution and maintain safety in these areas of the subdivision. k. Those lots identified on the fifth page of the zoning exhibit entitled “Single Story Restricted Lots” shall be restricted to a single-story with a maximum height of 24-feet and the developer shall ensure these restrictions match this exhibit and are identified on each plat. l. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public utility easement. m. 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. n. 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. o. 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. p. There shall be no RV garages for lots of Parcel 3.17 and 3.19 adjacent to and facing White Tank Foothills Phase1 and for lots of Parcel 3.11 in the R1-8 RUPD zoning district. q. Those lots identified on the third page of the zoning exhibit with restricted lot widths and lot depths shall be identified on each plat. (C-44-22-098-X-00)

Attachments (5)

Vote — approved

Bill Gates	yes
Clint Hickman	yes
Thomas Galvin	yes
Steve Gallardo	yes

$10.00 (C-78-22-100-X-00) Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Thomas Galvin, Steve GallardoAbsent: Jack Sellers SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Clerk of the Board Setting of Hearings - Configura

Item Text

10. WHITE TANK FOOTHILLS PHASE 3 (Continued from 3/09/2022) Case #: Z2021050 Supervisor District: 4 Applicant & Owner: Brennan Ray, Burch & Cracchiolo, P.A. / Citrus & Lower Buckeye, LLC Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD PAD accommodating a single-family residential subdivision Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale area Commission Recommendation: On 11/4/21, the Commission voted 5-1, to recommend approval of Z2021050 subject to conditions ‘a’ – ‘n’. Additional Comments: The applicant is requesting to amend the DMP and rezone for an increased lot yield in Phase 3. The previously approved DMP allowed for a maximum of 387 units in Phase 3, or 1.58 du/ac. The amendment, as now modified, will increase the lot yield to 654 units at 2.63 du/ac. The subject site is the third and final phase of the White Tank Foothills Development Master Plan (DMP) residential community. The applicant had the cases continued from the December 8, 2021, January 26, 2022 and February 23, 2022 Board hearings. The Board instructed the applicant to work with the neighbors on a modified project with a lower density. On February 18, 2022 the applicant requests another request of continuance for these cases until the March 9, 2022 BOS Hearing. On February 23, 2022, the Board voted to continue DMP2021001 and Z2021050 to the March 9, 2020 BOS Hearing. On March 8, 2022, the applicant requested another continuance for these cases to the June 8, 2022 to provide additional time to review the proposed changes to ensure the development continues to be compatible with the surrounding area, work with County Staff, and continue working with the neighbors. On March 9, 2022, the Board voted to continue DMP2021001 & Z2021050 to the June 8, 2022 BOS Hearing. January through April of this year, the applicant met with opposition leaders to discuss the proposed project modifications including a reduced lot yield from the Commission recommended 770 (3.14 du/ac) to 654 (2.63 du/ac). In review of the modified Phase 3 amendment, staff offers the following modifications to the Commission recommended Z2021050 conditions ‘a’ – ‘q’ renumbered with revision to conditions ‘a’ , ‘b’ and ‘k’, deletion of ‘f.3’, and addition of ‘g.5’, ‘h.1-3’, ‘i.7’, ‘p’ and ‘q’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “White Tank Foothills“, consisting of four pages, dated May 10, 2022, and stamped received May 11, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “White Tank Foothills”, consisting of 17 pages, dated May 10, 2022, and stamped received May 11, 2022, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. 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 polices, standards and best practices at the time of application for construction. d. All buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: "You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 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 training 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.” Such notification shall be recorded on all Final Plats, be permanently posted on not less than a three foot by five foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. f. The following R1-6 RUPD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot size of 5,175 sq. ft. 3. Average lot area per dwelling unit of 8,000 sq. ft. 4. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD development standards shall apply: 1. Maximum rear yards of 15-feet. 2. Minimum lot width of 55-feet. 3. Average lot area per dwelling unit of 9,000 sq. ft. 4. Maximum lot coverage of 60 percent. 5. All lots in Parcel 3.17 and 3.19 shall have minimum lot widths of 65-feet, all of which must be noted on each plat. h. The following R1-8 RUPD development standards shall apply: 1. Minimum rear yard of 15-feet. 2. Maximum lot coverage of 60%. 3. All residential lots in Parcel 3.11, zoned R1-8 RUPD, shall have minimum lot widths of 75 feet all of which must be noted on each plat. i. The following R1-10 RUPD development standards shall apply: 1. Minimum front yards of ten feet. 2. Minimum side yards of five feet. 3. Minimum street side yards of five feet. 4. Minimum rear yards of 20 feet. 5. Minimum lot width of 75 feet. 6. Maximum lot coverage of 50 percent. 7. All residential lots in the R1-10 RUPD zoning district shall have a minimum lot width of 90-feet and a maximum height of 24-feet, all of which must be noted on each plat. j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks and amenity areas to minimize light pollution and maintain safety in these areas of the subdivision. k. Those lots identified on the second page of the zoning exhibit entitled “Zoning Exhibit” and fourth page of the zoning exhibit entitled “Single Story Restricted Lots” shall be restricted to a single-story with a maximum height of 24-feet and the developer shall ensure these restrictions match this exhibit and are identified on each plat. l. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public utility easement. m. 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. n. 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. o. 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. p. Any RV garages, if constructed, shall be architecturally integrated into the design on the home and not exceed the height of the residence itself. q. Those lots identified on the second page of the zoning exhibit with restricted lot widths and lot depths shall be identified on each plat. (C-44-22-098-X-00)

Attachments (2)