Vote — approved

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

09. Located in the general vicinity of 97th Ave and Mariposa Grande and known as Assessor Parcel Number 201-16-016C. Supervisory District No. 4(C-64-23-109-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

9. WHITE TANK FOOTHILLS PHASE 3 (CONT. FROM 6/8/22) 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 8/4/22, the Commission voted 9-0, to recommend approval of Z2021050 subject to conditions ‘a’ – ‘aa’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “White Tank Foothills”, consisting of four full-size sheets, dated May 10, 2022, and stamped received May 16, 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 19 pages, dated May 10, 2022, and stamped received May 16, 2021, except as modif ied 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 Maricop a 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. 2. Engineering review of these application is limited to the rezoning of the site and does not include any aspects of future entitlement application(s) that will be required for site development. No development approval is inferred by this review, including, but not lim ited to drainage design, access, roadway alignments and right-of-way dedication(s). These items will be addressed as development plans progress and are submitted to the County for additional entitlement (i.e. preliminary plat). 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 Ba se 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 b e 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 no rtheast. 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 Fin al 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, co nditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. f. The following R1-6 RUPD development standards shall apply: 1. Minimum rear yards of 15-feet. 2. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD development standards shall apply: 1. Minimum rear yards of 15-feet. 2. Maximum lot coverage of 60 percent. 3. All lots in Parcel 3.17 and 3.19 zoned R1-7 RUPD 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 percent. i. 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 15 feet. 5. Minimum lot width of 75 feet. 6. Maximum lot coverage of 50 percent. 7. Maximum height of 24-feet. 8. Lots identified in the zoning exhibit in the R1-10 RUPD zoning district shall have a minimum lot width of 90 feet. j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks, trails, and amenity areas to minimize light poll ution 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. Any RV garages, if constructed, shall be architecturally integrated into the design of the home, and n ot exceed the height of the residence itself. m. Those lots identified on the zoning exhibits with typical lot widths and lot depths shall be identified on each plat and shall match exactly as shown on the zoning exhibits. n. Irregular shaped lots may be located at cul-de-sacs, street knuckles, and eyebrows. The minimum front yard setback line for irregular or non-rectangular shaped lots shall be established at the distance between the front property line and a line parallel to the street chord at the point where said lot achieved the minimum lot width. But, in no case shall be less than the minimum prescribed front yard for each zoning district and in no instance shall this measurement line be greater than 60 feet from the street cord. The minimum fr ont yard setback line for all irregular or non-rectangular shaped lots must be illustrated on each plat. o. The master developer shall be responsible for the construction of all public and private on-site roads within the Development Master Plan. Furthe r, the applicable homeowner’s association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping within public rights-of-way, and all pedestrian, b icycle, and multi-use paths. p. The total number of residential dwelling units of White Tank Foothills Phase 3 shall not exceed 645 dwelling units. Overall, the total number of residential dwelling units for the entire White Tank Foothills master communi ty shall not exceed 1,621 dwelling units. To help ensure compliance, the cumulative number of dwelling units completed to date, in relation to the identified limit, shall be identified on all plats. q. All park facilities shown on plats shall be complete d concurrently with residential development. Park facilities and amenities shall be identified on all applicable plats. r. Not less than 50 acres shall be reserved for active and passive open space. Further, the project shall have not less than five pock et parks and one off-site park as depicted on the parks plan exhibit in the narrative. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative open space acreage and park numbers wit h respect to the requirements of this condition. s. Unless otherwise agreed to in writing by the applicable school districts, not less than 15-acre school site and a minimum of 15 acres shall be reserved within the area of the overall planned community. Said school shall not front on to arterial streets. t. Development phasing shall assure two access points are provided. u. Bike lanes shall be required on all arterial and collector streets as specified in the Maricopa County Bicycle Transportation System Plan. v. Prior to approval of the final plat, a total half-width 65-foot right-of-way shall be dedicated for Citrus Rd. and Northern Ave. w. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public util ity easement. x. Landscaping of all common areas and open spaces, except for identified recreational areas shall consist of indigenous and or low water use species. y. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a r evocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. z. 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. aa . 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 c onditions. 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 con ditions, 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. Ad ditional 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 390 units in Phase 3, or 1.59 du/ac. The amendment, as now modified, will increase the lot yield to 645 units on 244.74 gross acres at 2.647 du/ac. The subject site is the third and final phase of the White Tank Foothills Development. To date staff has received 142 letters of opposition, an opposition petition with 206 signatures and six s upport letters. During the August 4, 2022, Commission Hearing four individuals spoke in opposition. The opposition is largely concerned with loss of community character due to increased density, and associated access concerns with increased traffic. The level of opposition has triggered a super-majority (four affirmative) vote requirement for the Board to approve the zone changes. The trigger is when 20% or more of property owners within a 300’ radius of the subject site, by number and area register oppos ition to the case. The opposition received accounts for 152 property owners equating to: 30% opposed by acreage and 45% opposed by number The applicant has also discovered an error in the total amount of dwelling units for the entire White Tank Foothil ls community once Phase 3 is approved. The amount listed in the Commission Staff Report was 1,621 dwelling units; however, the true number will be 1,636 dwelling units once Phase 3 is complete. The reason for this discrepancy was due to a miscount of the total units in Phase 2 of White Tank Foothills, where 15 lots were not included in the overall community total. It's important to note this typographical error in the applicant’s material was in regard to the existing unit count of Phase 2 and not the subj ect amendment concerned with proposed Phase 3. The applicant is requesting to change Condition ‘p’ of Z2021050 from the Commission’s recommendation to reflect this error: Condition ‘p’: The total number of residential dwelling units of White Tank Foothills Phase 3 shall not exceed 645 dwelling units. Overall, the total number of residential dwelling units for the entire White Tank Foothills master community shall not exceed 1,621 dwelling units. To help ensure compliance, the cumulative number of dwelling units completed to date, in relation to the identified limit, shall be identified on all plats. Development of all parcels in Phase 3 of the White Tank Foothills DMP shall be limited to a total of 645 lots. All plats must contain a table tracking total approved, platted, and remaining lot counts for the total of Phase 3. Additionally, since the August 4, 2022, Commission Hearing staff has received an updated Zoning Exhibi t, attached, with a greater number of the Phase 3 dwelling units being restricted to a maximum height of 24’ (essentially limiting those units to single-story). The amount of lots the Commission recommended was 115 and the applicant is requesting to add ni ne more lots for a total of 124 lots that will have a maximum height of 24’. Accordingly, Condition ‘a’ of Z2021050 is also to be changed from the Commission’s recommendation: Condition ‘a’: Development of the site shall be in substantial conformance w ith the Zoning Exhibit entitled “White Tank Foothills”, consisting of four full-size sheets, dated May 10, 2022 August 24, 2022, and stamped received May 16, 2022 August 25, 2022, except as modified by the following conditions. With regard to Z2021050, st aff recommends the Board motion for approval subject to the Commission recommended conditions ‘a’ – ‘aa’ but with revised language to conditions ‘a’ & ‘p’ as shown below: a. Development of the site shall be in substantial conformance with the Zoning Exhi bit entitled “White Tank Foothills”, consisting of four full-size sheets, dated August 24, 2022, and stamped received August 25, 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 19 pages, dated May 10, 2022, and stamped received May 16, 2021, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 3. 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 Ro adway Design Manual; and current engineering polices, standards and best practices at the time of application for construction. 4. Engineering review of these application is limited to the rezoning of the site and does not include any aspects of future e ntitlement application(s) that will be required for site development. No development approval is inferred by this review, including, but not limited to drainage design, access, roadway alignments and right-of-way dedication(s). These items will be addresse d as development plans progress and are submitted to the County for additional entitlement (i.e. preliminary plat). 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 hou se 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 av erage 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, cond itions, 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 permanent ly 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 dev elopment standards shall apply: 3. Minimum rear yards of 15-feet. 4. Maximum lot coverage of 60 percent. g. The following R1-7 RUPD development standards shall apply: 4. Minimum rear yards of 15-feet. 5. Maximum lot coverage of 60 percent. 6. All lot s in Parcel 3.17 and 3.19 zoned R1-7 RUPD 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: 3. Minimum rear yard of 15-feet. 4. Maximum lot coverage of 60 pe rcent. i. The following R1-10 development standards shall apply: 9. Minimum front yards of ten feet. 10. Minimum side yards of five feet. 11. Minimum street side yards of five feet. 12. Minimum rear yards of 15 feet. 13. Minimum lot width of 75 feet. 14. Maximum lot coverage of 50 percent. 15. Maximum height of 24-feet. 16. Lots identified in the zoning exhibit in the R1-10 RUPD zoning district shall have a minimum lot width of 90 feet. j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks, trails, 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. Any RV garages, if constructed, shall be architecturally integrated into the design of the home, and not exceed the height of the residence itself. m. Those lots identified on the zoning exhibits with typical lot widths and lot depths sha ll be identified on each plat and shall match exactly as shown on the zoning exhibits. n. Irregular shaped lots may be located at cul-de-sacs, street knuckles, and eyebrows. The minimum front yard setback line for irregular or non-rectangular shaped lot s shall be established at the distance between the front property line and a line parallel to the street chord at the point where said lot achieved the minimum lot width. But, in no case shall be less than the minimum prescribed front yard for each zoning district and in no instance shall this measurement line be greater than 60 feet from the street cord. The minimum front yard setback line for all irregular or non-rectangular shaped lots must be illustrated on each plat. o. The master developer shall be responsible for the construction of all public and private on-site roads within the Development Master Plan. Further, the applicable homeowner’s association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping within public rights-of-way, and all pedestrian, bicycle, and multi-use paths. p. Development of all parcels in Phase 3 of the White Tank Foothills DMP shall be limited to a total of 645 lots. All plats must contain a table tracking total approved, platted, and remaining lot counts for the total of Phase 3. q. All park facilities shown on plats shall be completed concurrently with residential development. Park facilities and amenities sha ll be identified on all applicable plats. r. Not less than 50 acres shall be reserved for active and passive open space. Further, the project shall have not less than five pocket parks and one off-site park as depicted on the parks plan exhibit in the na rrative. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative open space acreage and park numbers with respect to the requirements of this condition. s. Unless otherwise agreed to in writing by the applicable school districts, not less than 15-acre school site and a minimum of 15 acres shall be reserved within the area of the overall planned community. Said school shall not front on to arterial streets. t. Development phasing shall assure two access points are provided. u. Bike lanes shall be required on all arterial and collector streets as specified in the Maricopa County Bicycle Transportation System Plan. v. Prior to approval of the final plat, a total half-width 65-foot right-of-way shall be dedicated for Citrus Rd. and Northern Ave. w. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate right-of-way and public utility easement. x. Landscaping of all comm on areas and open spaces, except for identified recreational areas shall consist of indigenous and or low water use species. y. 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. z. 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. aa. Use of the property has been at the requ est 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 e xisted 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 enha nces 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-44-23-086-X-00)

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