Vote — approved

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

7.1 Amendments, the Contract is hereby revised with the following:1.1. The Scope of Work is revised and replaced to add price restrictions per test. All other terms and conditions of the original contract shall remain in full force and effect. (C-86-21-090-X-08) Motion to approve by Supervisor Debbie Lesko, seconded by Supervisor Steve Gallardo Ayes: Kate Brophy McGee, Debbie Lesko, Mark Stewart, Thomas Galvin, Steve Gallardo

Item Text

7. DAKOTA CREEK MODIFICATION OF CONDITIONS Case #: Z260004 (Supervisorial District 4) Applicant and Owner: Brent Powers, Tiffany & Bosco / Dakota Creek LLC Request: Modification of Conditions of the R-5 RUPD zoning district Site Location: Approx. 1,300’ south of the SWC of Glendale Ave. and El Mirage Rd., in the Glendale area Commission Recommendation: On 4/23/26, the Commission voted 7-0 (motion by Commissioner Lawrence D1, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve Z260004 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled "Dakota Creek", consisting of 1 full-size sheet, dated January 2, 2021 and stamped received January 29, 2021 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Zone Change Modification of Dakota Creek”, consisting of 6 full-size sheets, February 12, 2026 , and stamped received February 12, 2026 , except as modified by the following conditions. c. R-5 RUPD Standards shall apply: 1. Minimum Rear Setback: 15’ 2. Minimum Garage Setback to alley line: 3’ 3. Minimum Setback to Single-Family Residential Zoning: 100’ 4. Maximum Building Height: 40’ 5. Maximum Density: 18.4 d.u./ac. not to exceed 240 units d. The following stipulations will apply: 1. Any new site improvements will require a Plan of Development (that will require an engineered grading and drainage plan) and Traffic Impact Study. 2. Without the submittal of a plan of development, no development approval will be inferred by the engineering 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 development. 3. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 905 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. 4. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the drainage infrastructure. 5. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits. 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. R/W dedication (32 feet to provide an ultimate width of 65 feet) along the development site's El Mirage Road frontage will be required as part of any future entitlement application(s). h. The following Luke Air Force Base condition shall apply: 1. James Shade/ Crown Charter School, Inc. and/or Dakota Fabricating, Inc. and/or the future property owner shall notify future occupants/tenants that they are located near a military airport with the following language: 2. "You are locating in a residential dwelling outside the "territory in the vicinity of a military airport," however aircraft flying in this area are authorized to fly as low as 1,500 feet above the ground. You will be subject to direct overflights and noise by Luke Air Force Base jet aircraft in the vicinity. 3. Luke Air Force Base executes an average of approximately 165 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 areas. 4. 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. 5. 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. 6. For further information, please check the Luke Air Force Base website at www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and Development Department." 7. Such notification shall be permanently posted on not less than a 3 foot by 5 foot sign in front of all leasing offices and be permanently posted on the front door of all leasing offices on not less than 8½ inch by 11 inch sign. i. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years, within which time all parcels within the R-5 RUPD zoning district shall be subject of an approved plan of development or final subdivision plat with residential lotting, and an issued infrastructure permit for ultimate residential development. If this term is not met the Planning and Development Department may present the R-5 RUPD zoning for Z2020078 as amended Z260004 to the Board of Supervisors, upon recommendation by the Planning and Zoning Commission, for consideration of amendments or revocation of zoning for undeveloped parcels. (C-44-26-103-X-00)

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