CPA2021004 BOS REPORT.PDF

Maricopa County — Formal (2021-06-09)

Extracted text (via pymupdf_layout) 14780 characters

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: June 9, 2021
Case #/Title: CPA2021004 – Luke Land 58
Supervisor District: 4
Applicant / Owner: Jack Gilmore, Gilmore Planning and Landscape Architecture
/ Luke Land 58 LLC
Request: Modification to Condition ‘f’ of CPA2015001 regarding status
report approvals
Site Location: Approximately at the northwest corner of Glendale Ave. and
127th Ave. alignment in the Glendale area
Site Size: Approximately 55 acres
County Island Status: N/A
Additional
Comments: CPA2021004 is an amendment to relabel the conditions of
approval for CPA2015001 in order to eliminate condition ‘f’ of
CPA2015001 regarding the processing and approval of status
reports for Luke Land 58. The subject property is located within
the White Tank Grand Avenue Area Plan – Medium Density
Residential (5 - 15 d.u./ac.). The requested modification of
conditions will have no adverse impact on the
Comprehensive Plan or the County Area Plan.
There are no outstanding concerns from reviewing agencies.
There is no known opposition.
Commission
Recommendation: On 5/13/21, the Commission voted 10-0 to recommend
approval of CPA2021004 subject to conditions ‘a’ – ‘f’:
a. Development and use of the site shall comply with the narrative report entitled, “A
Comprehensive General Plan Amendment for Luke Land 58”, including all exhibits
dated revised February 19, 2015, and stamped received February 20, 2015, except
as modified by the following conditions.
b. If the Board takes action to amend or revert/rescind subsequent zoning, this land
use plan shall be considered for amendment to change the land use designation
back to the prior Mixed Use Employment.
June 9, 2021
CPA2021004
Page 1 of 3

c. The total number of residential units shall not exceed 274 dwelling units.
d. Prior to initial Final Plat approval or initial precise plan of development, the
applicant shall submit to the Maricopa County Planning and Development
Department a “will serve” letter and verification of approval of a Maricopa
Association of Governments (MAG 208) amendment from Liberty Utilities.
e. The following Luke Air Force Base condition shall apply:
Luke Land 58 shall notify future occupants/tenants that they are located near a
military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined “territory
in the vicinity of a military airport,” which means that 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.
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.
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 at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning
and Development Department.”
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.
f. 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 owner to enjoy uses in excess of those permitted by the land use
existing on the date of application, subject to conditions. In the event of the failure
to comply with any condition of approval, the property shall change to the land
use designation that existed on the date of application. It is, therefore, stipulated
and agreed that 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.
The Comprehensive Plan Amendment enhances the value of the property above
its value as of the date the Comprehensive Plan Amendment is granted and
June 9, 2021
CPA2021004
Page 2 of 3

changing to the prior land use designation results in the same value of the property
as if the Comprehensive Plan Amendment had never been granted.
Presented by: Jose Castañeda, Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachment: 5/13/21 P&Z Packet (8 pages)
Note: 5/13/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
June 9, 2021
CPA2021004
Page 3 of 3

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: CPA2021004 - Luke Land 58
Hearing Date: May 13, 2021
Supervisor District: 4
Applicant: Jack Gilmore, Gilmore Planning and Landscape Architecture
Owner: Luke Land 58 LLC
Request: Modification to Condition ‘f’ of CPA2015001 regarding status report
approvals
Site Location: Approximately at the northwest corner of Glendale Ave. and 127th
Ave. alignment in the Glendale area
Site Size: Approximately 55 acres
Density: 5 d.u./ac.
County Island: NA
County Plan: White Tank Grand Avenue Area Plan – Medium Density Residential
(5 - 15 d.u./ac.).
Municipal Plan: City of Glendale – Business Park
Municipal Comments: None received to date
Support/Opposition: None known
Recommendation: Approve with conditions
CPA2021004
Page 1 of 5

Project Summary:
1. Luke Land 58 (ref. #CPA2015001 & Z2015002) was approved by the Board of Supervisors
on June 10, 2012. The site is approximately 55 acres located approximately at the
northwest corner of Glendale Ave. and the 127th Ave. alignment in the Glendale area.
CPA2015001 changed the White Tanks/Grand Avenue Area Plan’s land use designation
from Mixed-Use Employment to Medium Density Residential (5 - 15 d.u./ac.), while
Z2015002 rezoned the site from Rural-43 to R-5 Residential Unit Plan of Development
(RUPD).
CPA2021004 is an amendment to relabel the conditions of approval for CPA2015001 in
order to eliminate condition‘f’ of CPA2015001 regarding the processing and approval
of status reports for Luke Land 58. The condition to be eliminated reads:
f. The applicant shall submit a written report every five years from the date of Board
of Supervisors approval of CPA2015001 which details the status of this project,
including progress on obtaining necessary entitlements, licenses, and permits;
compliance with the conditions of approval; compliance with the approved
narrative report; compliance with the approved land use plan; and justification as
to how the approved land use plan still represents appropriate land use planning
for the property and unincorporated Maricopa County in accordance with the
goals and policies in its comprehensive and applicable area plan. This report shall
be scheduled for public hearing by the Maricopa County Board of Supervisors
(Board), upon recommendation by the Maricopa County Planning and Zoning
Commission (Commission), to consider whether the planning justification for this
comprehensive plan amendment is still present, and whether the land use
designations associated with this comprehensive plan amendment still represent
appropriate and better long-term land use planning in accordance with the goals
and policies of the Maricopa County Comprehensive Plan and applicable area
plan. If the Board rescinds this comprehensive plan amendment and reverts the
current land use designations back to ‘Mixed Use Employment’ all entitlements
associated with this project that were conditional pursuant to the Maricopa
County Zoning Ordinance may also be considered by the Board, upon
recommendation by the Commission, for reversion to the prior entitlements. In
such an event, the comprehensive plan land use map, area plan land use map,
and, as applicable, zoning map shall be altered to reflect Board action.
2. There was no public or municipal comments regarding CPA2021004 and there is no
known opposition.
3. The R-5 RUPD zoning was approved concurrent with the CPA. The RUPD overlay zoning
district was approved subject to a maximum density of 5 d.u./ac., and a maximum unit
count of 274 dwelling units.
Existing On-Site and Adjacent Zoning / Land Use:
4. On-site: C-2, R-5 RUPD and Rural-43/ Luke Landing Subdivision
North: Rurarl-43 / Vacant
South: Glendale Ave. then R1-6 RUPD / Falcon Ridge Subdivision
East: R-5 RUPD / Marbella Ranch Subdivision
CPA2021004
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West: Rural-43 / Salt Production Facility
Utilities and Services:
5. Water: Liberty Utilities
Wastewater: Liberty Utilities
School District: Dysart Unified
Fire: Rural Metro
Police: MCSO
Adopted Plans:
6. White Tank / Grand Avenue Area Plan (adopted December 6, 2000): Medium Density
Residential (5 - 15 d.u./ac.). The subject site is within the City of Glendale general plan
shown below.
7. Envision Glendale 2040 (adopted 2016): The General Plan designates the subject site as
Business Park.
Public Participation Summary:
8. N/A.
Outstanding Concerns from Reviewing Agencies:
9. N/A.
Staff Analysis:
10. Staff supports the request to eliminate condition ‘f’ of CPA2015001 with re-labeling the
conditions. Staff believes that requiring a public hearing for routine status reports is
unnecessary for projects that have obtained all necessary entitlements and are otherwise
in compliance with the approved development standards. The associated rezoning case
Z2015002 is also conditioned to require a status report for the same project, thus staff is of
the opinion that condition ‘f’ of CPA2015001 is unnecessary.
Recommendation:
11. For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘f’.
a. Development and use of the site shall comply with the narrative report entitled, “A
Comprehensive General Plan Amendment for Luke Land 58”, including all exhibits
dated revised February 19, 2015, and stamped received February 20, 2015, except
as modified by the following conditions.
b. If the Board takes action to amend or revert/rescind subsequent zoning, this land
use plan shall be considered for amendment to change the land use designation
back to the prior Mixed Use Employment.
CPA2021004
Page 3 of 5

MARICOPA COUNTY
Application Name: Luke Land 58 PSEID
Legal Description
,
Applicant Applicant Phone/Email
Jack Gilmore for Gilmore Planning & Landscape Architecture 602.266.5622 jgilmore@getgilmore.com CPA2021004
Case Address Parcel Primary:
501-53-004G
Generated April 23, 2021 12:10 PM Gross Acres: 57 approx. Map scale 1:6,054
Supervisor District No. 4
MODIFICATION OF STIPULATION 'F' FOR CPA2015001
Maricopa County Planning & Development - Phoenix, AZ /

3/29/2021 | 12:07:43 PM EDT