Vote — continued

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

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

Item Text

9. VILLAGE AT WADDELL Case #: Z2019082 Supervisor District: 4 Applicant & Owner: Paul Gilbert, Gilbert Blilie, PLLC / Miedema Produce, Inc. Request: Zone change from Rural-43 to R1-10 RUPD Site Location: Generally located on the NWC of Citrus Rd. and Bethany Home Rd. in the west Glendale area Commission Recommendation: On 2/8/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2019082 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit“, consisting of one full-size sheet, dated November 16, 2023, and stamped received November 17, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Village @ Waddell”, consisting of eight pages, dated November 16, 2023, and stamped received December 13, 2023, except as modified by the following conditions. c. The development shall contain a minimum of 13 acres that will be a mix of active and passive open space. d. The development shall not have access to the adjacent Clearwater Farms community to the north and west of the site unless one is required as a gated emergency access by a fire protection provider. e. The existing drainage ditches around the site’s perimeter shall be maintained and not tiled over to preserve the rural character of the area. 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 overflights 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 eleven-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. All habitual buildings shall be constructed within this site shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). h. 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 alignment(s). 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 the preliminary plat application. 3. Dedication of right-of-way along the following roadway alignments shall be required as part of the subdivision plat. Additional right-of-way may be required to accommodate turn lanes and signalization based on the MCDOT-approved traffic study: Citrus Road: 55 feet half-width Bethany Home Road: 55 feet half-width 4. Prior to any final plats the applicant must formally abandon the north/south right-of-way along the 181st Avenue alignment (road rights as per the Romola recorded subdivision plat (MCR # 19-07)) in accordance with the County road abandonment requirements. 5. The applicant is responsible for coordinating improvements and dedications with the Maricopa Water District (or the appropriate purveyor as the case may be) who appear to own or maintain irrigation facilities within the site and along the site’s perimeter. There may be public or private rights associated with the historic use and conveyance of irrigation water within said irrigation facilities which the County does not regulate. Any disputes that may arise concerning any irrigation purveyor’s land rights may be superior to the County’s. 6. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 105 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County and the MCDOT Roadway Design Manual. i. The following R1-10 RUPD development standards shall apply: 1. There shall be a maximum building height of 24 feet (single-story) for any lot or tract within 100 feet of the perimeter of this zoning district, which shall be noted on any plat. 2. There shall be a minimum landscape setback of 24 feet along the south and west perimeter of this zoning district. 3. There shall be a minimum landscape setback of 100 feet along the east perimeter of this zoning district. 4. There shall be a minimum landscape setback of 85 feet along the north perimeter of this zoning district. 5. There shall be a minimum front yard setback of 15 feet. 6. There shall be a minimum side yard setback of five feet. 7. There shall be a minimum rear yard setback of 20 feet. 8. There shall be minimum lot widths of 40 feet. 9. There shall be minimum lot areas of 7,000 sq. ft. 10. Any lot within 100 feet of the north, south, and west perimeter of this zoning district shall have a minimum lot area of 18,000 sq. ft. which shall be noted on any plat. j. Noncompliance with any Maricopa County Regulation shall be grounds for consideration of initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. k. The property owner/s and their successors waive the claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. l. 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. (C-44-24-194-X-00) Item being Continued Indefinitely.

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