Vote — approved

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

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

17. WALDEN RANCH ( Cont. request to 2/8/23) Case #: Z2022040 Supervisor District: 4 Applicant / Owners: William Lally, Tiffany & Bosco PA / Cowley Management LLC and Nadaburg Unified School District Request: Zone Change from Rural-43 to R1-6 RUPD and C-1 Site Location: Generally located west of 211th Ave., south of the Lone Mountain Rd. alignment, east of Crozier Rd. and north of the Peak View Rd. alignment Commission Recommendation: On 12/8/22, the Commission voted 7-0, to recommend approval of Z2022040 subject to conditions ‘a’ – ‘n’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Walden Ranch Zoning Exhibit“ , consisting of 1 full-size sheet, dated September 26, 2022, and stamped received October 13, 2022 except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised zoning exhibit to address the modifications with the R1-6 RUPD zoning. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Walden Ranch Narrative for Zone Change”, consisting of 25 pages, dated October 10, 2022 and stamped received October 13, 2022, except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised narrative report to address the modifications with the R1-6 RUPD zoning. c. Prior to approval of the initial final plat or precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Surprise that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s) in the event Walden Ranch remains in the County for development. 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 number of proposed buildings 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. This site contains Special Flood Hazard Area associated with multiple washes that traverse the site. The site contains both regulated floodways and floodplains. Development in the floodplain will require a floodplain use permit, which is issued concurrently with the building permit(s). Development that would require re-delineation of the floodway/floodplain is done through the FEMA CLOMR/LOMR process. That process is administered through the Flood Control District. 3. A traffic impact study must be submitted with future entitlement (Preliminary Plat and Plan of Development) applications. 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 shall be subject to noise attenuation requirements as per ARS § 28-8482(B) and Maricopa County building codes. 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.” Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of Luke Air Force Base is a site of intense instrument procedure landing approaches, with approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above the ground over the Auxiliary Airfield and will create severe noise in that area. 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. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” g. The R1-6 RUPD zoning strict shall have a maximum of 1,572 residential units. The following R1-6 RUPD standards shall apply: 1. Minimum Front Yard Setback: 10’ 2. Minimum Rear Yard Setback: 15’ and 3’ rear yard setback from alley to garage. 3. Minimum Lot Area: 3,500 sq. ft. 4. Minimum lot width: 35’ 5. Minimum Average Lot Area Per Dwelling Unit: 8,000 sq. ft. 6. Maximum Lot Coverage: 60% h. For each subdivision (preliminary plat & final plat) the developer shall provide a cumulative total of single-family residential lots with the various minimum lot sizes percentages and each unit shall meet the minimum average lot area per dwelling unit standard of 8,000 sq. ft. as established with the R1-6 RUPD zoning. i . The developers shall provide a cumulative total of open space with each preliminary and final plat to determine compliance with the 100 acres of open space. j. Until such time as the subject site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. k. Administrative approval of a Plan of Development (commercial zoning district) will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. 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. 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. Request for Continuance: On 1/9/23, the applicant requested a continuance of the cases to the 2/8/23 hearing. (C-44-23-165-X-00)

Vote — approved

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

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin Absent: Steve Gallardo

Item Text

12. WALDEN RANCH Case #: Z2022040 Supervisor District: 4 Applicant / Owners: William Lally, Tiffany & Bosco PA / Cowley Management LLC and Nadaburg Unified School District Request: Zone Change from Rural-43 to R1-6 RUPD and C-1 Site Location: Generally located west of 211th Ave., south of the Lone Mountain Rd. alignment, east of Crozier Rd. and north of the Peak View Rd. alignment Commission Recommendation: On 12/8/22, the Commission voted 7-0, to recommend approval of Z2022040 subject to conditions ‘a’ – ‘n’: a. Development of the s ite shall be in substantial conformance with the Zoning Exhibit entitled “Walden Ranch Zoning Exhibit“ , consisting of 1 full-size sheet, dated September 26, 2022, and stamped received October 13, 2022 except as modified by the following conditions. Staff m ay determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised zoning exhibit to address the modifications with the R1-6 RUPD zoning. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Walden Ranch Narrativ e for Zone Change”, consisting of 25 pages, dated October 10, 2022 and stamped received October 13, 2022, except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised narrative report to address the modifications with the R1-6 RUPD zoning. c. Prior to approval of the initial final plat or precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-ann exation service agreement with the City of Surprise that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement, the developer must provide a ‘will serv e’ letter from the certificated water and sewer provider(s) in the event Walden Ranch remains in the County for development. 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 number of proposed buildings lots/units, drainage design, access and roadway alignments. These items will be addres sed as development plans progress and are submitted to the County for further review and/or entitlement. 2. This site contains Special Flood Hazard Area associated with multiple washes that traverse the site. The site contains both regulated floodways and floodplains. Development in the floodplain will require a floodplain use permit, which is issued concurrently with the building permit(s). Development that would require re-delineation of the floodway/floodplain is done through the FEMA CLOMR/LOMR process . That process is administered through the Flood Control District. 3. A traffic impact study must be submitted with future entitlement (Preliminary Plat and Plan of Development) applications. 4. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance wit h 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 shall be subject to noise attenuation requirements as per ARS § 28-8482(B) and Maricopa County building codes. f. The master developer shall notify future homeowners that they are located within the state-defined “territ ory 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 da y. 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 m ay 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 ext end from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends.” Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of Luke Air Fo rce Base is a site of intense instrument procedure landing approaches, with approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above the ground over the Auxiliary Airfield and will create severe noise in that area. Suc h 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. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Developm ent Department.” g. The R1-6 RUPD zoning strict shall have a maximum of 1,572 residential units. The following R1-6 RUPD standards shall apply: 1. Minimum Front Yard Setback: 10’ 2. Minimum Rear Yard Setback: 15’ and 3’ rear yard setback from alley to ga rage. 3. Minimum Lot Area: 3,500 sq. ft. 4. Minimum lot width: 35’ 5. Minimum Average Lot Area Per Dwelling Unit: 8,000 sq. ft. 6. Maximum Lot Coverage: 60% h. For each subdivision (preliminary plat & final plat) the developer shall provide a cumulative total of single-family residential lots with the various minimum lot sizes percentages and each unit shall meet the minimum average lot area per dwelling unit standard of 8,000 sq. ft. as established with the R1-6 RUPD zoning. i . The developers shall provide a cumulative total of open space with each preliminary and final plat to determine compliance with the 100 acres of open space. j. Until such time as th e subject site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. k. Administrative approval of a Plan of Development (commercial zoning district) will be required prior to approval and issuance of construction permits to develop and establis h use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. l. Noncompliance with any Maricopa County Regulation shal l 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 nonc ompliance with conditions. n. 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 tha t 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 va lue 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 t he property as if the Zone Change had never been granted. Request for Continuance: On 1/9/23, the applicant requested a continuance of the cases to the 2/8/23 hearing. (C-44-23-165-X-00)

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