Vote — approved

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

6.0 (Funding) subparagraph 6.2, by replacing with the following:6.2.1 The City shall reimburse the County a not-to-exceed amount of $15,322.00 for the period of March 1, 2022 to June 30, 2022.6.2.2 The City shall reimburse the County a not-to-exceed amount of $48,873 for the period of July 1, 2022 to June 30, 2023. C. Add Attachment A, which modifies the Itemized Service Budget. FY 2022: $15,322 Revenue & ExpendituresFY 2023: $48,873 Revenue & ExpendituresSupervisor District: 4) (C-22-21-128-X-0

Item Text

6. MARBELLA RANCH EAST PHASE 2 Case #: Z2021149 Supervisor District: 4 Applicant & Owners: Joe Walsh, Walsh Design Group / Henderson Properties, LLC; Rim Village III, LLC; Marbella Ranch East, LLC Request: Zone Change from Rural-43 to R-5 RUPD Site Location: Approx. 750’ south of the SEC of Northern Ave. and El Mirage Rd., in the Glendale area Commission Recommendation: On 2/10/22, the Commission voted 7-0, to recommend approval of Z2021149 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Marbella Ranch East”, consisting of 1 full-size sheet, dated December 24, 2021 and stamped received December 28, 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 Marbella Ranch East”, consisting of 6 pages, dated December 24, 2021 and stamped received December 28, 2021, except as modified by the following conditions. c. The R-5 RUPD zoning district shall have a maximum of 400 residential units and shall be subject to the following R-5 RUP¬¬¬D zoning district standards: 1. Minimum front yard: 15 ft. 2. Minimum rear yard: 15 ft. 3. Minimum lot area: 3,000 sq. ft. 4. Minimum lot width: 40 ft. 5. Garage setback to alley line: 3 ft. d. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is implied 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. A traffic impact study (TIS) must be submitted with future entitlement (preliminary plat or POD) application(s). 3. The eastern border of the site is within the Agua Fria River Floodway and Floodplain. No fill will be allowed within the Floodway. Future entitlement (preliminary plat or POD) application(s) must address floodplain/floodway and erosion protection. 4. 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. All buildings subject to noise attenuation as per ARS § 28-8482(B). f. 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 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. g. 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. h. 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. i . 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. j. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years, within which time the subject site shall obtain an approved plan of development or final subdivision plat, and an issued infrastructure permit for initial development. If this term is not met the Planning and Development Department may present the R-5 RUPD zoning for Z2021149 to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission), for consideration of amendments or revocation of zoning due to undeveloped parcels. (C-44-22-150-X-00)

Attachments (2)