Vote — approved

Kate Brophy McGee	yes
Debbie Lesko	yes
Mark Stewart	yes
Thomas Galvin	yes
Steve Gallardo	yes

5.99TH AVE & OLIVE AVE MODIFICATION OF CONDITIONS Case #: Z250035 Supervisor District: 4 Applicant and Owner: Ashley Z. Marsh and Michelle Santoro, Gammage & Burnham, P.L.C / Lennar Arizona, LLC Request: Modification of Conditions to approval of the R1-6 RUPD zoning district Site Location: Generally located at the northeast corner of Olive Ave. and 99th Ave. in the Sun City/Peoria area Commission Recommendation: On 1/8/26, the Commission voted 9-0 (motion by Commissioner Toma, D4, seconded by Co

Item Text

5. 99TH AVE & OLIVE AVE MODIFICATION OF CONDITIONS Case #: Z250035 Supervisor District: 4 Applicant and Owner: Ashley Z. Marsh and Michelle Santoro, Gammage & Burnham, P.L.C / Lennar Arizona, LLC Request: Modification of Conditions to approval of the R1-6 RUPD zoning district Site Location: Generally located at the northeast corner of Olive Ave. and 99th Ave. in the Sun City/Peoria area Commission Recommendation: On 1/8/26, the Commission voted 9-0 (motion by Commissioner Toma, D4, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z250035 subject to conditions ‘a’ – ‘h’. a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Riverwalk”, consisting of 25 pages, dated April 23, 2021, and stamped received April 23, 2021, except as modified by the following conditions and removing minimum age requirements with a revised narrative dated October 28, 2025. b. The following Planning Engineering conditions shall apply: 1. No development approval is inferred by this review, including, but not limited to number of proposed building lots, 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. The traffic study is under review at MCDOT. MCDOT comments will be provided to the applicant as part of the preliminary plat review (case number S2021007). 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 Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. c. All buildings subject to noise attenuation as per State law and Maricopa County requirements. d. 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. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” 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. e. 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. f. 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. g. 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. h. The following R1-6 RUPD standards shall apply: 1. Minimum Lot Area: 3,600 sq. ft. 2. Minimum Lot Width: 45’ 3. Maximum Lot Coverage: 60% 4. Minimum Front Yard Setback: 10’ 5. Minimum Street Side Setback: 5’ 6. Minimum Rear Yard Setback: 5’ (C-44-26-070-X-00)

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