Vote — approved

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

7.MARBELLA RANCH EAST Case #: Z2021062Supervisor District: 4Applicant & Owner: Joe Walsh, Walsh Design Group / Midwest Land Trust, LLC Request: Zone Change from Rural-43 to R-5 RUPDSite Location: Approx. 1,280’ south of the SEC of Northern Ave. and El Mirage Rd., in the Glendale areaCommission Recommendation: On 8/5/21, the Commission voted 6-0 to recommend approval of Z2021062 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit

Item Text

7. MARBELLA RANCH EAST Case #: Z2021062 Supervisor District: 4 Applicant & Owner: Joe Walsh, Walsh Design Group / Midwest Land Trust, LLC Request: Zone Change from Rural-43 to R-5 RUPD Site Location: Approx. 1,280’ south of the SEC of Northern Ave. and El Mirage Rd., in the Glendale area Commission Recommendation: On 8/5/21, the Commission voted 6-0 to recommend approval of Z2021062 subject to conditions ‘a’ – ‘k’: 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 and stamped received July 6, 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 7 pages, dated and stamped received July 6, 2021, except as modified by the following conditions. c. The following R-5 RUPD standards shall apply: 1. Front yard: 15 ft. 2. 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 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. A traffic impact study must be submitted with any future entitlement application ( i.e. preliminary plat or plan of development). 3. Dedication of right-of-way for El Mirage Road may be required as part of future entitlement application(s). 4. The site contains regulated floodplains. Encroachment into FEMA Zone AE and FW floodplains/floodways is extremely restrictive. The applicant must address requirements required to develop the site as the project progresses through future entitlement(s). 5. The applicant must address how improvements, residences and other improvements necessary for development of the site will be protected from scour along the Agua Fria River (34,500 cfs ) as development plans progress and are submitted to the County for further review and/or entitlement. 6. 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. The following Maricopa County Environmental Services Department (MCESD) condition shall apply: 1. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. f. All buildings subject to noise attenuation as per ARS § 28-8482(B). g. 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. h. 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. i . 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. j. 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. k. 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 Z2021062 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-44-22-332-X-00)

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