Z2020078 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: April 7, 2021
Case #/Title: Z2020078 – Dakota Creek
Supervisor District: 4
Applicant/Owners: Joe Walsh, Walsh Design Group / James Shade (Crown
Charter School, Inc.) & Dakota Fabricating, Inc.
Request: Zone Change from Rural-43 to R-5 RUPD
Site Location: Approx. 1,300’ south of the SWC of Glendale Ave. and
El Mirage Rd., in the Glendale area
Site Size: Approximately 13.1 acres
County Island Status: N/A
Additional
Comments: The request is for a zone change with overlay from Rural-43 to
R-5 RUPD for 6 contiguous parcels, owned by two entities,
totaling approximately 13.1 acres. The subject property is
mostly vacant, with one metal building that will be removed
as part of future development. The proposed R-5 RUPD
includes two development standard modifications: The first is
to reduce the required rear yard setback from 25 ft.
(MCZO Art. 702.4.3) to 15 ft. and the second is to reduce the
required 10 ft. setback from alley lines to alley-accessed
garages (MCZO Art. 1106.2) to 3 ft. The applicant is not
proposing a site plan (required Plan of Development, POD) at
this time. According to the project narrative, future
development of the subject property is anticipated to
comprise condominiums, apartments and single-family
homes, to be offered for rent/lease, located on a single,
combined parcel at an anticipated density of 8.2 dwelling
units per acre (d.u./ac.). The anticipated density appears to
fit with the newer development to the north, south and west
of the subject property and is anticipated to support a
pedestrian friendly streetscape and community environment.
As shown in the Section 11 zoning map, existing and entitled
development in the vicinity is characterized mainly by single-
family residential development including Rural-43 designated
lot split properties and residential subdivisions with zoning
ranging from R-2 and densities as high as 7.7 d.u./ac.
(Capistrano North) with typical zoning comprising R1-6 RUPD,
April 7, 2021
Z2020078
Page 1 of 5

R1-8 RUPD and R1-10 RUPD zones and typical densities of
approximately 1 to 3 d.u./ac. While the anticipated density of
8.2 d.u./ac. is higher than the surrounding properties (other
than the Rural-43 mobile home park to the west-northwest –
Hacienda Del Sol Estates), the Applicant argues that there is
a strong market for the housing products anticipated for the
subject property. Staff finds that the subject property is served
by a municipal water and sewer provider (Liberty Utilities),
immediate access to El Mirage Road and Glendale Avenue
(located approximately 1,300 ft. north of the subject
property), and the Loop 202 (located approximately 3 miles
east of the subject property). Furthermore, the subject
property is separated from existing residences by a 140 ft.
wide tract and 40 ft. wide street (180 ft. total) to the west
(Falcon View), a charter school and church to the south, an
elementary school and vacant Rural-43 zoned property to
the north, and El Mirage Road to the east with vacant Rural-43
designated property with a mining exemption (and
apparently active mining) further to the east.
There are no outstanding concerns from reviewing agencies,
including the City of Glendale (which was notified but did not
comment) and Luke Air Force Base (which commented to
verify that the proposed zone change and anticipated,
future development are not anticipated to negatively effect
flight operations). The applicant received 4 public opposition
comments from 3 parties on the proposal during the public
participation process. Two of the opposing parties reside on
one parcel located approximately 180 ft. west of the subject
property. The third opposing party resides on a parcel located
approximately 330 ft. west of the subject property. The
opposition letters cite concerns about negative impacts to
neighboring property values and increased traffic, crime and
noise resulting from the zone change and anticipated future
residential development.
The Commission modified condition of approval ‘c’ to limit
the density of future development to a maximum of
8.2 d.u./ac., as noted below.
Commission
Recommendation: On 3/11/21, the Commission voted 6-0 to recommend
approval of Z2020078 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 “Project Narrative for Rezone of Dakota Creek”, consisting of 7
April 7, 2021
Z2020078
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pages, dated January 29, 2021, and stamped received January 29, 2021, except
as modified by the following conditions.
c. The following R-5 RUPD standards shall apply:
1. Rear yard: 15 ft.
2. Garage setback to alley line: 3 ft.
3. The R-5 RUPD zoning district shall be limited to a maximum density of
8.2 d.u./ac.
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 building 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. The 125th Avenue abandonment will be made a condition of the plan of
development approval. See https://www.maricopa.gov/4578/County-
Road-Abandonment for more information.
3. A traffic impact study must be submitted with future preliminary plat or plan
of development (POD) application(s).
4. 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).
5. 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. 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
April 7, 2021
Z2020078
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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 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, 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 to the Board of Supervisors (Board),
upon recommendation by the Planning and Zoning Commission (Commission), for
consideration of amendments or revocation of zoning for undeveloped parcels.
April 7, 2021
Z2020078
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Presented by: Sean Watkins, Planner
Reviewed by: Darren V. Gérard, AICP, Planning Services Manager
Attachments: 3/11/21 P&Z Packet (29 pages)
Opposition Map (1 page)
Note: 3/11/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
April 7, 2021
Z2020078
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2020078 – Dakota Creek
Hearing Date: March 11, 2021
Supervisor District: 4
Applicant: Joe Walsh, Walsh Design Group
Owners: James Shade/Crown Charter School, Inc. & Dakota Fabricating, Inc.
Request: Zone Change from Rural-43 to R-5 RUPD without a Precise Plan of
Development
Site Location: Approx. 1,300’ south of the SWC of Glendale Ave. and El Mirage Rd.,
in the Glendale area
Site Size: Approx. 13.1 acres
Density: N/A
County Island: No
County Plan: White Tanks Grand Avenue Area Plan – Rural Residential
(0-1 d.u./ac)
Municipal Plan: City of Glendale 2040 General Plan – General Commercial (GC)
Municipal Comments: None received to date
Support/Opposition: 4 public opposition comments from 3 parties
Recommendation: Approve with conditions
Z2020078
Page 1 of 10

Project Summary:
1. The Applicant, Joe Walsh, Walsh Design Group, requests a zone change with overlay from
Rural-43 to R-5 RUPD for 6 contiguous parcels, owned by two entities, totaling
approximately 13.1 acres. The subject property comprises parcels 501-56-032, 501-56-273
(owned by Dakota Fabricating Inc.), and 501-56-268A, 501-56-269A, 501-56-270A and
501-56-271A (owned by James Shade / Crown Charter School, Inc). The subject property
lies approximately 1,300 ft. south of the southwest corner of Glendale Ave. and
El Mirage Rd., in the Glendale area and within the Vicinity of Luke Air Force Base. The
subject property is mostly vacant, with one metal building that will be removed as part
of future development.
2. The original request included only 2 of the 6 subject parcels (501-56-032 and 501-56-273),
but the request was modified. According to County Assessor’s data, most of the subject
properties were created as the result of at least 3 minor lot combinations/splits that
occurred between 2003 and 2013. The property is located within the Territory in the
Vicinity of a Military Airport, specifically Luke Air Force Base (LAFB), which triggers the
need for sound attenuation to be included in the design of all future residences on the
property (Maricopa County Location Additions and Addenda, Section 209). LAFB
commented on October 20, 2020 and again on November 22, 2020 to verify that the
proposed zone change and anticipated future residential development of the property
is not anticipated to negatively affect flight operations at LAFB.
3. The proposed R-5 RUPD includes two development standard modifications. The first is to
reduce the required rear yard setback from 25 ft. (MCZO Art. 702.4.3) to 15 ft. and the
second is to reduce the required 10 ft. setback from alley lines to alley-accessed garages
(MCZO Art. 1106.2) to 3 ft.
4. The following table is included to illustrate and contrast the applicable development
standards of the R-5 zone, and other provisions of the MCZO, with those proposed for the
requested R-5 RUPD (Note: changes to base standards are indicated in bold).
Standard Base Proposed
R-5 Standards R-5 RUPD Standards
Maximum Height 40’ 40’
Front Yard Setback 20’ 20’
Interior Side Setback 5’ 5’
Street-Side Setback 10’ 10’
Rear Setback 25’ 15’
Lot Area 6,000 sq. ft 6,000 sq. ft
Lot Width 60’ 60’
Lot Area per Dwelling Unit 1,000 1,000
Lot Coverage 60% 60%
Parking Spaces 2 2
Garage Setback to Alley 10’ 3’
Line
Z2020078
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Zoning Map
(Subject Property Outlined in Red)
2020 Aerial Photograph
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Excerpt of Zoning Exhibit
Vicinity Zoning Map
Glendale
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Zoning Map
(Sec. 11, T2N, R1W)
5. It should be noted that the applicant is not proposing a site plan (required Plan of
Development, POD) at this time. According to the project narrative, future development
of the subject property is anticipated to comprise condominiums, apartments and single-
family homes, to be offered for rent/lease, located on a single, combined parcel. The
goal is to create a mix of housing types in a well-designed, pedestrian friendly, and
community-oriented neighborhood. A POD will be necessary to complete the
entitlement for residential development of the subject property. The zone change is a
legislative approval while the POD is administratively approved. Therefore, future POD
approval is contingent upon prior approval of the current zone change request.
Z2020078
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Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: Rural-43 / Abandoned building, vacant
North: Rural-43 / Elementary school, vacant
South: Rural-43 / Charter school, lattice cell tower, church
East: Rural-43 & Mining Exemptions / Mining
West: R1-10 RUPD / Single-family residential
Utilities and Services:
7. Water: Liberty Utilities
Wastewater: Liberty Utilities
School Districts: Litchfield Park Elementary School District #79 & Agua Fria Union High
School District #16
Fire: Rural Metro
Police: MCSO
Right-of-Way:
8. The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
El Mirage Road 33-ft 65-ft Minor Arterial
Adopted Plans:
9. Maricopa County White Tank / Grand Avenue (adopted December 6, 2000): The Area
Plan designates the subject property for Rural Densities (0-1 d.u./ac.). However, per the
section zoning map, above, the entire of Sec. 11, T2N, R1W has been developed for and
has approved zoning that entitles an eclectic mix of residential at varying densities,
commercial and industrial uses most of which would be greater intensity than the
designated Rural Densities.
10. City of Glendale 2040 General Plan (adopted April 26, 2016): The Area Plan designates
the subject property General Commercial (GC). This designation provides for
commercial nodes on individual parcels. The intent of General Commercial is to provide
development types on a single site, which through sensitive and creative building design,
orientation of buildings, access, lighting, signs, parking, landscaping and adherence to
neighborhood scale, is compatible with adjacent neighborhoods.
Public Participation Summary:
11. The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and interested parties. The applicant received 4 public
opposition comments from 3 parties on the proposal during the public participation
process. Two of the opposing parties reside on one parcel (501-56-371) located
approximately 180 ft. west of the subject property. The third opposing party resides on
Z2020078
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parcel 501-56-374, located approximately 330 ft. west of the subject property. The
opposition letters cite concerns about negative impacts to neighboring property values
and increased traffic, crime and noise resulting from the zone change and anticipated
future residential development. No agencies, including the City of Glendale, submitted
comments.
Outstanding Concerns from Reviewing Agencies:
12. To date, Staff has received no comments from reviewing agencies in opposition to the
proposal.
Staff Analysis:
13. The proposed zone change from Rural-43 to R-5 RUPD, including the requested
development standard modifications, and the residential development anticipated for
the subject property (to be addressed by a future POD), appears appropriate for the
area, and consistent with surrounding land uses and development patterns. The
requested R-5 RUPD designation and future POD are anticipated to provide for a mix of
housing products, including condominiums, apartments and single-family residences all
of which are intended to be offered for rent/lease, under a single ownership. The
anticipated 8.2 dwelling unit per acre housing density appears to fit with the newer
development to the north, south and west of the subject property and is anticipated to
support a pedestrian friendly streetscape and community environment. As shown in the
Section 11 zoning map, above, existing and entitled development in the vicinity is
characterized mainly by single-family residential development including Rural-43
designated lot split properties and residential subdivisions with zoning ranging from R-2
and densities as high as 7.7 d.u./ac. (Capistrano North) with typical zoning comprising
R1-6 RUPD, R1-8 RUPD and R1-10 RUPD zones and typical densities of approximately 1 to
3 d.u./ac. While the anticipated density of 8.2 d.u./ac. is higher than the surrounding
properties, the Applicant argues that there is a strong market for the housing products
anticipated for the subject property. Staff finds that the subject property is served by a
municipal water and sewer provider (Liberty Utilities), immediate access to El Mirage
Road and Glendale Avenue (located approximately 1,300 ft. north of the subject
property), and the Loop 202 (located approximately 3 miles east of the subject property).
Furthermore, the subject property is separated from existing residences by a 140 ft. wide
tract and 40 ft. wide street (180 ft. total) to the west (Falcon View), a charter school and
church to the south, an elementary school and vacant Rural-43 zoned property to the
north, and El Mirage Road to the east with vacant Rural-43 designated property with a
mining exemption (and apparently active mining) to the east. The requested R-5 RUPD
development standard modifications (15 ft. rear yard setback where 25 ft. is required and
3 ft. setback from the alley line for alley-entry garages, where 10 ft. is the minimum
setback) appear appropriate and necessary for the anticipated development of the
subject property.
Recommendation:
14. For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘i’.
Z2020078
Page 7 of 10

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 “Project Narrative for Rezone of Dakota Creek”, consisting of 7
pages, dated January 29, 2021, and stamped received January 29, 2021, except
as modified by the following conditions.
c. The following R-5 RUPD standards shall apply:
1. Rear yard: 15 ft.
2. Garage setback to alley line: 3 ft.
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 building 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. The 125th Avenue abandonment will be made a condition of the plan of
development approval. See https://www.maricopa.gov/4578/County-
Road-Abandonment for more information.
3. A traffic impact study must be submitted with future preliminary plat or plan
of development (POD) application(s).
4. 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).
5. 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. 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.
Z2020078
Page 8 of 10

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 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
Z2020078
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R-5 RUPD zoning district shall be subject of an approved plan of development or
final subdivision plat, 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 to the Board of Supervisors (Board),
upon recommendation by the Planning and Zoning Commission (Commission), for
consideration of amendments or revocation of zoning for undeveloped parcels.
Presented by: Sean Watkins, Planner
Reviewed by: Darren V. Gérard, AICP, Planning Services Manager
Attachments: Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (7 pages)
MCENG comments (2 pages)
MCESD comments (1 page)
Luke Air Force Base comment (3 pages)
Opposition comments (4 pages)
Z2020078
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MARICOPA COUNTY
Application Name: Dakota Creek
Legal Description
, T2N R01W 11
Applicant Applicant Phone/Email
JOE WALSH 602.619.7581 LANDOC@COX.NET Z2020078
Case Address Parcel Primary:
6650 N EL MIRAGE Rd
GLENDALE AZ 85307 501-56-032, 501-56-268A, 501-56-269A+
Generated March 1, 2021 09:06 AM Gross Acres: 13.1 approx. Map scale 1:3,131
Supervisor District No. 4
CHANGE ZONING FROM RU-43 TO R-5 RUPD OVERLAY
Maricopa County Planning & Development - Phoenix, AZ /



PROJECT NARRATIVE
FOR REZONE OF
DAKOTA CREEK
Purpose of Request
The request is to rezone six parcels of property located a quarter mile south of the intersection of Glendale
Avenue and El Mirage Road including Maricopa County ("County" ) Accessor's parcel numbers 501-56-032,
501-56-273, 501-56-268A, 501-56-269A, 501-56-270A & 501-56-271A ("Property). The Property is
currently zoned Rural-43. The requested rezoning is for a Multiple-Family Residential (R-5) Residential
Unit Plan of Development ("RUPD") with overlay zoning district of the Property
This Property is located within the White Tank Grand Avenue Area Plan with a land use category of
residential with Rural Densities of (0-1 dwelling units per acre). A Comprehensive Plan Amendment is not
necessary since the request is less than 40 acres.
The rezoning will increase the density and maximum number of units on the Property. The proposed
density for the 13.1 gross acres is 8.2 dwelling units to the acre.
Description of the Proposal
Background/ History
The Property is currently vacant, however, it contains an abandoned metal building. This residential use
is allowed under the current zoning. The Property falls inside and outside one mile of the decibel noise
level lines ("DNL" ) of the County's land use plan and zoning maps. These DNL lines are located in the
area as the planes taking off and landing at Luke fly near the Property. Contact was made with Luke Air
Force Base and preliminary assessment was that they indicated support of the project, but would
withhold final comments until the application is sent their way to ensure that the unit count is capped.
Proposed Rezoning
The request to rezone the Property to the R-5 RUPD zoning district will enable the property owner to
market the community to a mix of home builders. The existing density (approximately one unit to the
acre) does not provide the correct balance of lot sizes and residential housing options for the area. The
rezoning request offers an opportunity for future residents to live in either detached single family,
attached single-family, condominium style homes or apartments.
The request for the R-5 RUPS zoning district will allow flexibility with the use of the R-5 district for a
multi-family development. The development standards also allow for the various types of housing
products that could support cluster and alley access garages to promote the streetscape a more
pedestrian/community environment.
The requested R-5 zoning district will allow for an appropriate density in the area where the adjacent
land uses are not necessarily compatible with single family detached, large lot residential development.
By providing the amended development standards with the RUPD, the proposed residential
development can provide a mixture of housing options not currently served in this area. Though the R-5
2

zoning district could allow for a larger number of residential units, this request is to only provide a
maximum overall density of 8.2 dwelling units to the acre.
Proposed Amended Development Standards
The following requested amended standards will enable homebuilders to design homes with current
R-5 design standards for condominiums, for rent single family detached units or apartments. An
additional amended development standard is to Article 702.4 to change the rear yard to 15 feet. This
will allow more flexibly for a smaller home product. Article 1106.2 requires 10-foot minimum setback
from garage to alley. This proposal would amend this requirement to 3 feet. A shorter driveway
would discourage parking in front of the garage.
R •, HI IP[> ;nn,r~1· [1,•.tri, t ':,'.,111rl.11rl·. r•:1 1 ilt r f 1n,1:•1
/i,p.1r• ~,l,nt u· l 1_,nd•"'1Hl1 1 I I l I
Regulation ease Zoning District Regulation (R- Proposed Zoning District
S) Restulations fR-5 RUPD)
Height 40' 40'
Front yard 20' 20'
Side yard s· s·
Street-side yard 10' 10'
Rear yard 25' · 15 1
LOl area 6,000 sq. ft. 6,000 sq. ft.
LOl width 60' 60'
Lot area per dwelling unit 1,000 1.000
Lot coverage 60% 60%
Parking spaces 2 2
Garaqe setback to allev 10 ' 3 I
3

One of the development options is single-family detached homes for rent in the R-5 RUPD classification
that include auto court, cluster, and alley loaded products. These types of products allow for a more
urban and attractive frontage along streets or courtyards that promotes entry from the sidewalk and hides
vehicular access. An example of this type of development is shown below.
TO UNIT
(Typ.)
PRIVATE STREET
---- ------
TYPICAL UNIT DETAIL
4

Relationship to Surrounding Properties
The Property is bounded by El Mirage Road to the east. The northern boundary is adjacent to a vacant
parcel zoned RU-43 and a Heritage Elementary School. The western boundary is adjacent to Falcon
View subdivision open space. to the southwest. The southern boundary is adjacent to an existing
church and Crown Charter School.
There are three single family subdivisions located approximately 150 feet to the west and 660 feet to
the south of the Property.
The Property is also within the City of Glendale's planning area. The 2040 General Plan Land Use Map
has the Property designated as GC-General Commercial. The City of Glendale is not adjacent to the
property and therefore annexation to the city is not possible at this time.
Location and Accessibility
The Property is located in the western portion of Maricopa County and is easily accessed via Glendale
Avenue, El Mirage Road and the Northern Parkway. The Loop 101 is approximately 3 miles to the east
and the Loop 303 approximately 3 miles to the west. The Property also has access to the 1-10 via Dysart
Road, approximately 5 miles to the south. The easy access to the freeways allows connections to
various municipalities and services in Avondale, Buckeye, Glendale, Surprise and Phoenix.
Circulation System
El Mirage Road is a Principal Arterial designated in the Maricopa County Department of Transportation
("MCDOT") Classification. The vicinity of the site includes the existing signalized intersection of El Mirage
Road/Glendale Avenue. All surrounding roads are currently without gutter, curb and sidewalk.
El Mirage Road on the Property's eastern boundary is a two-lane road with a center turn lane under the
jurisdiction of Maricopa County.
Development Schedule
Development will initially occur on the eastern portion of the Property. Phasing will move west from El
Mirage Road. Improvements on the site will be determined and made at the time of Plan of Development
review. Best case of development would start last quarter of 2021.
Community Facilities and Services
Community Facilities
Amenities will be provided within the Property that will enhance the lifestyle opportunities for the
residents. These amenities could include tot lots, ramadas, sport court, park area and amenities that cater
toward various demographics and families. Specific locations of the open space will be determined during
the County Development review process. There are currently no regional or public owned parks planned
for the area.
5

The property is within the Litchfield Park Elementary School District #79 and Auga Fria Union High School
District #16. The districts will be notified through the standard County requirement.
Landscaping and monument/wall signage will be explored by the developers. A consistent theme should
be used throughout the Property and will meet the County Zoning Ordinance Sigh Regulations. The
landscaping will adhere to the Arizona Department of Water Resources and drought tolerant plants.
Public Utilities and Services
Domestic Water System
The property will be served by Liberty Utilities. A water main line is located in El Mirage and connection
to that line will service the site.
Sanitary Sewer System
The Property will be served by Liberty Utilities. Necessary sewer collection facilities will be provided by
either the developer of Liberty as agreed to under the terms of a main extension agreement approved by
the Arizona Corporation Commission.
Solid Waste
With private streets proposed for the community, a private solid waste contractor will provide garbage
removal for the future residents of the community.
Public Safety Services
The Property is located outside of any incorporated communities. Because of this, fire protection and
emergency medical services will need to be supplied on a contract basis. The Maricopa County Sheriff's
Department will provide police protection to the Property and the nearest office/substation is located in
Avondale (6.5 miles away) and Surprise (8 miles away). The closest Rural Metro Fire Station is 4.5 miles
away. We will meet with the Sheriff's Office and Rural Metro Office to discuss potential agreements.
Additional discussions will take place with Rural Metro to coordinate fire accessibility with the proposed
auto-court and alley loaded products at the preliminary stages of design.
Drainage
A Preliminary Drainage Report is not required with this application. However, the Property will design for
existing off-site flows that enter the site at the west side of the Property.
6

Public Outreach and Response to Citizen Input
We will conduct a through public outreach effort for the requested rezoning. These efforts will include
letters to property owners with 300' of the Property. The process is specifically addressed in detail within
the separate Citizen Participation Plan document.
Conclusion
The requested rezoning includes a proposed R-5 RUPD to provide potential multi-family, attached
residential and or single-family detached products and open space areas for the future residents of the
community. The proposed rezoning creates the appropriate mix of development standards to develop a
successful community that can cater to various demographics. The RUPD overlay provides for additional
flexibility as this project develops over time. The increase in density and maximum number of units do
not impact any of the public or private services needed for the community. Luke and the surrounding
communities are in approval of the land use designation change. The proposed rezoning request will
provide the necessary flexibility to adapt to current and future single family attached and detached
residential markets. The overall goal is to reach a sustainable density threshold that allows for the
development of a first-class residential community.
7

Maricopa County
Planning & Development Department
Date: January 26, 2021
Jeri Loucks, P.E.C.F.M
Planning & Development
501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Phoenix, Arizona 85008 Development
Phone: (602) 506-6332
Fax: (602) 506-3282
Email www.maricopa.gov/planning address: Attn: Sean Watkins, Planner, Planning & Development Services
JeriLoucks@mail.maricopa.gov
From: Robert Fedorka, P.E., Engineering Supervisor, Planning &
Development Services
cc: Michael Norris, P.E., Engineering Manager, Planning & Development
Subject: Z2020078 - Zone Change (to R-5 RUPD)
(E2 Memo)
Job Site Address: 6612 N. El Mirage Road, Glendale
APN(s): 501-56-032, 268A, 269A, 270A, 271A & 273
Engineering Review has reviewed the plans and report submittal date stamped
01/07/2021 for the subject application. Engineering Review has no objections to this
application provided any approval includes the following stipulations:
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
building 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. The 125th Avenue abandonment will be made a condition of the plan of
development approval. See https://www.maricopa.gov/4578/County-Road-
Abandonment for more information.
3. A traffic impact study must be submitted with future entitlement (preliminary plat
or POD) application(s).
4. 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).
5. 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.
Please contact me if you have any questions or require any additional information.

Maricopa County
Environmental Services Department
Water and Waste Management Division
Subdivision, Planning Program Infrastructure & DATE: February 17, 2021
1001 N. Central Avenue #150
Phoenix, Phone: (602) Arizona 506-1058 85004 TO : Sean Watkins, Planning & Development Dept.
Fax: (602) 506-5813 Senior Planner
TDD 602 506 6704
FROM: Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: Rezone RU-43 to R-5. Z2020078
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project is a Rezone with an
overlay POD at APN# 501-56-032, 501-56-273, 501-56-268A, 501 56 269A, 501-56-
270A and 501 56 271A. Water provider is Liberty Utility and Sewer provider is
Liberty Utility. MCESD have to approve the ATC for the two utilities prior to any
construction permits approval.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department on February 17, 2021 and the project may proceed at this
time subject to the following stipulations:
Stipulations: None
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. Other Maricopa
County agencies may have additional requirements. Final review and approval will be
made through Planning and Development Department procedures. Applicant may
need to submit separate applications to the Maricopa County Environmental Services
Department for approval of proposed facilities regulated by the Department. Review
of any such application will be based on regulations in force at the time of
application.

From: JAMES, MARK C GS-12 USAF AETC 56 FW/CVE
To: Sean Watkins (PND)
Cc: 56 FW/CIT Community Initiative
Subject: RE: Notification Routing - Dakota Ranch (Now Dakota Creek) - Zone Change with Overlay Request - Z2020078
Date: Sunday, November 22, 2020 2:23:00 PM
Sean,
Thank you for allowing Luke AFB to make comments on the Dakota Ranch (Now Dakota Creek) -
Zone Change application. This zone change with overlay request was revised to include an additional
5 acres and a new project name. The site is located south of Glendale Ave and west of El Mirage
Road in Maricopa County, AZ. It is approximately .9 miles outside the Luke AFB 1988 JLUS 65 Ldn,
“high noise or accident potential zone” as defined by A.R.S. § 28-8461 and is inside the “territory in
the vicinity of a military airport” also defined by A.R.S. § 28-8461.
As described in the application, this request will not have a negative impact on Luke AFB Flight
Operations. Since the site will be located inside the “territory in the vicinity of a military airport,” it
will be subjected to approximately 165 over flights per day, as low as 1,500 feet above the ground.
We recommend you review the sound attenuation requirements found in A.R.S. § 28-8482. In
addition, a strong notification program on the part of the applicant is essential to inform the tenant
about Luke AFB operations.
Mark
Mark James
Planning Manager, Community Initiatives Team
Luke AFB AZ 85309
Office: 623-856-9981
DSN: 896-9981
From: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov>
Sent: Monday, November 16, 2020 1:28 PM
Subject: [Non-DoD Source] FW: Notification Routing - Dakota Ranch (Now Dakota Creek) - Zone
Change with Overlay Request - Z2020078
Hello All,
This zone change with overlay request was revised to include an additional 5 acres and a new project
name (now Dakota Creek).
The additional parcels are 501-56-268A, 501-56-269A, 501-56-270A and 501-56-271A, which are
adjacent to the two original parcels (501-56-032 and 501-56-273), all currently zoned Rural-43 and
comprising a total of 13.1 acres.
Please see “2nd Sub” Site Plan (Zoning Exhibit), Application Form, Narrative in the project, still
accessible per the directions below.

The revised TAC meeting date is tentatively scheduled for December 15, 2020 at 9:45 a.m.
Please submit any review comments as soon as possible.
Thank you!
Sean Watkins
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-506-8150
sean.watkins@maricopa.gov
From: Sean Watkins (PND)
Sent: Friday, October 9, 2020 7:57 AM
Subject: Notification Routing - Dakota Ranch - Zone Change with Overlay Request - Z2020078
Hello Reviewing Agencies and District 4 Interested Parties,
This e-mail provides the notification routing for the Dakota Ranch Zone Change with Overlay
Request, case Z2020078.
The request is for a Zone Change from Rural-43 to R-5 RUPD for parcels 501-56-032 and 501-56-273,
in the Glendale area.
You can download the application materials by using the On-line Permit Manager and searching by
case number, as follows:
https://accela.maricopa.gov/citizenaccessmcoss/
Under Planning Services select ‘Search Applications’
Enter the case number: Z2020078 and hit enter
A new window will appear, with the case information, click on the ‘Record Info’ to expand drop-
down list, select ‘Attachments’.
The submittal documents are shown, click on the link with the file name to open.
Application Form
Site Plan
Narrative
Citizen Participation Plan
Site Photos
Deed
A Technical Advisory Committee (TAC) meeting date has been tentatively scheduled for November 3,

2020.
Please submit review comments as soon as possible.
Thank you,
Sean Watkins
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-506-8150
sean.watkins@maricopa.gov





Z2020078 - Dakota Creek
Subject Property (Outlined in Black) with 300’ Buffer (Blue) and 2 Opposition Properties (Yellow)
Fukuda
Bethel