PZ-4 Z2018124 BOS REPORT.PDF

Maricopa County — Formal (2019-06-12)

View PDF Item 6 Meeting page

Extracted text (via pymupdf_layout) 113283 characters
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: June 12, 2019 (Cont. from 3/13/19)
Case #/Title: Z2018124 – Laborde Property
Supervisor District: 2
Applicant/Owner: Karen Nabity / Lucie E. Laborde Living Trust
Request: Zone change from Rural-190 to Rural-43
Site Location: Approx. 300’ south of southeast corner of 144th St. and
Cavedale Dr. in the Rio Verde area
Site Size: Approx. 2.5 acres
County Island Status: No
Additional
Comments: There are no outstanding concerns from reviewing agencies.
The request is in compliance with the Rio Verde Foothills Area
Plan which calls for Rural Densities (0 – 1 d.u./ac.).
This case was presented at the March 13, 2019 Board of
Supervisors hearing and received an indefinite continuance
to allow the applicant additional time to work out concerns
with the neighbors and area residents. Staff has not received
an executed access maintenance agreement with the
adjacent neighbor located to the west. Per discussion with
the applicant the maintenance agreement was submitted to
the neighbor, but has not been signed. A recorded deed
restriction prohibiting further land division has also not been
submitted by the applicant.
Since the 3/13/19 BOS hearing, two owners changed
registered opposition to support. Staff received additional
letters/e-mail in support of the zone change request. To date
staff has received a total of 8 property owners in opposition
and 43 property owners in support.
Staff has calculated the support and opposition received,
and notes that a Super Majority Vote has been triggered. The
trigger is when 20% or more of property owners within a 300’
radius of the subject site, by number and area register
opposition to the case. The property to the south is owned by
Maricopa County and is excluded from the super-majority
June 12, 2019
Z2018124
Page 1 of 2

calculation. The opposition received accounts for 4 parcels
(2 property owners) with an area of 438,307 sq. ft.
The calculations for LaBorde Property are as follows:
100% opposed parcel acreage within 300’ buffer
100% opposed parcel numbers within 300’ buffer
Commission
Recommendation: On 1/17/19, the Commission voted 9 – 0 to recommend
approval of Z2018124 subject to conditions ‘a’ – ‘c’:
a. Development of the site shall be in general conformance with the Narrative Report
entitled “Laborde Property Narrative”, consisting of 2 pages, undated, and
stamped received November 7, 2018, except as modified by the following
conditions.
b. 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.
c. 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.
Presented by: Rachel Applegate, Senior Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachments: 1/17/19 P&Z Packet (20 pages)
1/17/19 P&Z Handout (24 pages)
3/13/19 BOS Attachment Additional Letters of Support and Opposition (21 pages)
Super-Majority Map (1 page)
Additional Letters of Support and Opposition received after 3/13/19 BOS (28 pages)
1/17/19 Draft Excerpt of PZ Minutes (2 pages)
June 12, 2019
Z2018124
Page 2 of 2

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2018124 – Laborde Property
Hearing Date: January 17, 2019
Supervisor District: 2
Applicant: Karen Nabity
Owner: Lucie E. Laborde Living Trust / Lucie Laborde
Request: Zone change from Rural-190 to Rural-43
Site Location: Approx. 300’ south of southeast corner of 144th St. and Cavedale Dr. in the
Rio Verde area
Site Size: Approx. 2.5 acres
Density: 0.4 du/ac
County Island: No
County Plan: Rio Verde Foothills Area Plan – Rural Densities (0 – 1 d.u./ac.)
Municipal Plan: N/A
Municipal Comments: None received to date
Support/Opposition: Five (5) emailed letters of opposition
Recommendations: Approve with conditions
Z2018124
Page 1 of 5

Project Summary:
1. This request is for a zone change from Rural-190 to Rural-43 of 2.5 acres located
approximately 300’ south of the southeast corner of 144th Street and Cavedale Dr. in the
Rio Verde area. The applicant proposes to develop the site with a single-family residence
as represented in the zoning exhibit and narrative submitted in the application. Per the
standards of the Rural-190 district, the subject site is required to have a minimum of approx.
4.36 acres for single-family development. The applicant does not propose to waive any of
the base standards of the proposed Rural-43 district.
2. The subject site, APN 219-39-032A, consists of 2.5 ac. of currently undeveloped native land.
The site was created in 2001 through a lot combinination of former parcels 219-39-031 (0.04
ac.) and 219-39-032 (2.46 ac.), which were created in 1986 through a lot split from an
unknown larger parcel. The site is located on the border of a large section of sporadically
developed Rural-190 zoned property that extends from 144th Street on the west to 152nd
Street on the east, and Rio Verde Drive on the north to the Jomax Road alignment on the
south. The area south of the Jomax Road alignment is the McDowell Mountain Regional
Park. The subject site abuts the park. The area’s zoning is shown in the zoning map below.
Figure 1. Area Zoning Map
Existing On-Site and Adjacent Zoning / Land Use:
3. On-site: Rural-190/ natural desert
North: Rural-190/ natural desert
South: Rural-190/ natural desert
East: Rural-43/ natural desert
West: Rural-190/ natural desert
Z2018124
Page 2 of 5

Utilities and Services:
4. Water: Well
Wastewater: On-site septic
School District: Cave Creek Unified School District
Fire: Rio Verde Fire District
Right-of-Way:
5. 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
144th Street None None Major Collector 40’ half-
width dedication to be
required
Jomax Road None None Major Collector 40’ half-
width reserve to be
required
Adopted Plan:
6. Rio Verde Foothills Area Plan: designates the subject site as Rural Densities (0 -1 d.u./ac.)
The area between the section line roads of 144th Street, 152nd Street, Rio Verde Drive, and
the Jomax Road alignment was originally zoned Rural-190, in contrast to the surrounding
Rural-43 zoning, to establish an area for larger lot development geared towards horse
property agricultural/residential use. However, the Rio Verde Foothills Area Plan does not
necessarily reflect this density designation and permits residential development of up to 1
du/ac. The proposed rezone complies with the Area Plan designation for the site.
Public Participation Summary:
7. The applicant complied with the requirements for posting the property with the public
hearing dates. Staff sent notification cards to all property owners within 300’ of the subject
site including all properties within the subject site regarding the request. As of the writing of
this report staff has received five (5) emailed letters of opposition to the request from
neighboring property owners. Opposition to the request focuses on the possible increase in
densities from 1:5 du/ac district to 1:1 du/ac and increased traffic on 144th Street that the
proposed rezone would allow. The letters are attached to this report.
Outstanding Concerns from Reviewing Agencies:
8. County reviewing agencies have no objection to the proposed rezone. At the time of
development, the applicant will have to dedicate right-of-way for the section line street of
144th Street if the applicant does not seek a right-of-way reduction waiver from the
Maricopa County Department of Transportation (MCDOT). MCDOT does not request right-
of-way dedications with rezone applications. It should be noted that although a right-of-
way dedication for Jomax Road will not be required a zoning setback will be required unless
a right-of-way reduction waiver is granted.
Z2018124
Page 3 of 5

Staff Analysis:
9. The proposed rezone is a result of the applicant wanting to develop the site with a single-
family residence where one is not permitted under the current zoning classification due to
the site’s lot area. The proposed development will be located in the middle of the
property, which will hamper any future division of the site into another developable site.
10. The size of the subject site is a result of poor lot splitting in the 1980’s, which created lots
that were too small for development in the Rural-190 district. Subsequent to the lot split, a
previous owner attempted to assemble two parcels into a single lot that closer met the
requirements of the district, but was still approximately half the required size.
11. Although the area where the site is located is a part of a larger area zoned Rural-190, the
proposed rezone complies with the future land use designation of the Rio Verde Foothills
Area Plan. As the property is located adjacent to Rural-43 zoned property, the rezone
would not constitute a spot zone but would be an extension of the area’s Rural-43 zoned
lands. County reviewing agencies have no objection to the proposed rezone.
Recommendation:
12. For the reasons outlined in this report, staff recommends the Commission motion for
Approval of Z2018124, subject to conditions ‘a’ – ‘c’.
a. Development of the site shall be in general conformance with the Narrative Report
entitled “Laborde Property Narrative”, consisting of 2 pages, undated, and stamped
received November 7, 2018, except as modified by the following conditions.
b. 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.
c. 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.
Presented by: Derek Scheerer, Planner
Reviewed by: Matt Holm, AICP, Comprehensive Planning Supervisor
Attachments: Case Map (1 page)
Vicinity Map (1 page)
Zoning Exhibit (1 page)
Narrative Report (2 pages)
MCESD comments (1 page)
Z2018124
Page 4 of 5

Engineer Review comments (1 page)
Letters of Opposition (8 pages)
Enclosures: N/A
Z2018124
Page 5 of 5

ONE
MARICOPA COUNTY STOP
SHOP
4:•-1 *-, Ab -4 itsit: -..v(,
.4:4. ..._ ... . 4_r „I.. , ,. . -. A * tt. 1 4 ..... •
airtw - . • i .. 4 P. 4 . .
- A i ocimamopmw - . .4.• -, ,
6 L 1 7,1
N •
1 .4, s- ..„. a, 4fiktirtAtap 1/44,474IWI 4i
'6 4 • ir k 1 , v
III A. .
- N ., , • .. % t lirai -,,,. .. ' I , 41bt rt: k
•
- • 4 tiPl_ ,,.,,,,..-,,iiy r N. a -
•
to,
- NIF Ai 2 - •
-II ' i/ o ' ' iii11111 f . lik I. I.!
- A IP-, 7 41rtal.' A Igi • ' . t ;),,4 .., ,k • t
I , . 1 ...r.,* *. oi. lb lio Ft .• i *
I - 4ra * AP . 7 '''-
. '''' %
-. s- I04 04.;1, 4k.*Ttrb ,
• - li 'i. gil 'el ii —it'
_ ) , a 219-3-, L_A9 t032A 4 . 3 I ' ''''gr tee, 7; ii l° 1
.ti '1 ,- , Ili IN'
. --. _ • Y 11.411/1
i "1i- ......
,4, t
. ,
I lie 4
I
4 • 10 , a - t ' --...-r -- • ' *lb -tr
_4 orr. .- ..
, a
, •
_Of .
- . fit -ti.. .
. , __.. - ,
' .0 .
' 7 . e , . • - i !
....., , , 4--onar-. lc . III
. . 1.
. ..i .., .. ,
*
Application Name: LaBorde Property
Legal Description
T05N RO6E 032,
Applicant Applicant Phone/Email
602 299 5222
KAREN NABITY KARENNABITY@GMAIL COM
Case Address Parcel Primary: 219-39-032A Z2018124
26623 N 144TH St
SCOTTSDALE AZ 85262
Generated January 3, 2019 14:26 PM Gross Acres: 2.5 approx. Map scale 1:821
Supervisor District No. 2
CHANGE ZONING FROM RU-190 TO RU-43 SO WE MAY BUILD ONE HOME
WE
Maricopa County Planning & Development - Phoenix, AZ

ONE
MARICOPA COUNTY STOP
SHOP
. , -,An , L. ,iicr.g.iri*W.1, t '‘‘-'' I-• .. , . V, t, ^-« 1 . ( • . ^ t I. '...- I- r 1 s_ .
- !RI' t . ,..!ti•-• 1 - = . ' '
-7S 'I. I.
Z ',.. .., ..,ty- ....,.. I t _ . I t -
-.Z. . :„.:.r. , ., .;
- . ..l. .,11 ., . ,. ..7.... .7 .z,.:02 1=1.4 . . 1.., 4 •C' . .tolasy -- A.:4 . -1--•,. -. . 1.:,:..• _ . _:.... ' - ,
5.SI. '1'e t . .• ' • ' 1. 1 .., *2. -r, , •-• :_..1 • k ' - ,_,,,..,,
7n . 'rad n ,-...c ve •-t-- 1•••,- .t, ' , 1;;;......„ 4. -, .. _ . „., .,_ Ill.., „..,,....._ _ ,_ .,_4„, k , , _
Livi.---4,- . 4.:, .,:lit,?-4-..., -44 • . •.1.$ • 4.;,. fli . --21 ,..., 4.._ ,.4,,..,...„.4__-,,, ,. , i, .
,-r,.., i•• .. b.: • A-17.% Pt:, .'"„ • 4 ...T '-'- "TicilI I 128,4 — 1.1.40" „..,, 1/4 • , 'tilt-d ' T 1'4,
i 4 •a-Aorsi ' . ....,,,:( ,-, - oi„,.. . z • i,,, . ,, -. - , •••• • .. Tr • ; ;Fr..itik ,,r(f4 --•-• f4.: ,
4 b iio •-c;:,-7-17, , - ...,44,,. ,i, -.,-,,:_,. -' ^. I —1 1 ° r, . . ' . .• ---”' • .4: .t.
p 1 m Fq ........r, Litt.,"2741 . . '/ + • o•••-;-.:, '.,,.-... fit _, r „.,,... ."4. ‘.--,,#*;'--:::-"e"•''s ••1*, ‘` ti..-.. 9i, ;-i,-, Ltd
:•Iktilr413'1' 1 - ---"" • -"-c. - ,,_ . . - -
i IMff-..gff: 1., - . 1 ., ,,-; , w.,....i4.,., ,:.....,„ . , . 1.44 t • ''‘') t•J't.4. -.. , -
- ;,,Jer-- '...-e,r411":,tz., . , ';; .
7....stixvi‘•.:.19) - • } -7-. .t . 24;4,-il .., ,. ' .34622'1`-'i • , P7- w vc.., ::1F4 i '...? -1. ,.. ,•
r...r.%.-...4p7-;e•-.„_ - - -, ... „ .. ,,, •V'1,2ter: ..0.4._,„,(.••• ,...., ,. . • ."..2 t .r.-• v.',
? 1 4 r ,,,. -7,•• . ,t,.. ... cL , ..,1, I '-‘,"4, . r,..- . ,'" - ..*1*.' -,- 1., I Wel . -. A,1 I' i * ,-,., ; .,. , .0_ • -, , °N. Si.'
I ..s.-,-,;-„ZTA -,,,-f- N— '1 E 1 Ott a , II1T ...., r a t„,,,-,4 clo 'pft R di,--',-5-,.• ,.....' q.. --13 )"" ,0---!.- - -...Jusl E 101-1-alirq,...1.1 r :r c 'li n,. -0....- • ..-,- ..• ..__.-- ..-.1,-- _ r V ,,-.
a ..,721 •
1 I,' • q . il i :77 pl, 4; rI • i,1:..itE.,iia_cia ur, — • rit•7'•-12,7.L-;,-: r f 1.11 ,"'-• , 'I :• .
I 's ,pr.,-... . • i- , -,-; ra , . , pit_IN -• z - - .,,-7, , , ,-, -1 r- , , - r —R ti e -dr6• )ri 1 r N(1 - -"4"7" -••••T•4-.•` "
' :=,-"t•Fi. " ..1 .-.,-* kV 5 r. ,,e-.. -- "-:---i---; ,-'- ' r ..'-',:'",' P — ••-' .1 4 •C3' .'
,f-§it 11,1(7). ' -;-'51 % TwilAffis:z_. .' - `i ' r-r s- E -.I t_. LomaR '.5 ' ' -4, '''? Verdps ` '•*-A Dr • -
4,1,1..4-i: • i:. -47.-14-' 0-., !.,.• Nlie, • • . pn 14"510•,,km; 1- I 1 -, : r —II .1 qrf ' : 1 ' • 7 i,.- ' . a_hti
ITE11 (72.zp';017"-All:b '''• --' " r.-3.,-.L,T,..' — ' — 4,E; c av';',3'd ,_41 17)r - A • ',i . ..... 6 ..-li _ - • • •
?t' kk•I'T .4:4Cir . J__ - e.z..,,Fr.11•., . .,,....
• - ...... 4.,., •-',.7. WI , ri.410.40, ! f'..°.
ril • t• • .. • til r1:5 ''. koft,LIvizEtim.. p• .,,, .
_ ' ' , ' el - ,'-ii' I PL.- v. :, L.. 6:-. . ,i.1.,-.., . - . Ion-lax . c • i.
. -4FZ. ". ..•,-- . . • -....t• • - --eg,---g. ." -rip.*•••,-..._ . ..,ti, • .:. .,-,,---wl„.4.„.'„tte.„•el.,...„„,,,,,., . , t ....
*- '' '4. . 4 . .4-11.. -..„4; . ,r. 4, ' ki.F.,-.1....:, . ••0,44.,." .,-'&.•\,,..q,. --f-•;,, ... :-- -;',,-.•: "-----;:-_,' -- ....11.).„....,
--' ,e'.,e'•.;, J-..-s,-,•:,•:,-p-..„::?::c -•Z'--,•':'..,::;'4:r''-'7.:;t::ili.L:r_:. _,..„ ..
:?:-.-: -.„, :.:..71-4::: 4
-,FJ,:'2.4..,:)"-,?" -kl.. 1,` . l.'' '' .4;le,41:: 4 '3'.?• . L'i.:4 .‘':,tivtjAl -t'''' • : - -.• :,k, -.., ..., ' . .44-44, —,:`,..7:...s._ •..
• P. ''''''''
....i.,.. ' iyo'ovilk--- .1t: • •,‘-‘, ' '.-1
..
•r, - r- \ I „ _ ,,,;,1•••
...., ,",,.Ii,1: ,- ,,A4 '4. , .."7-1.i. . ..--*1.,:s.. . . ..erpw
;,, .l. • ' , • - . -1 • , - '• . . - ,...., 1-1••• 4.-, ..,1 .;,......c ..-irt'.
'••• 40 e, • r 4, 2; ...: i •
-1 . • . , t. e 'd r - . ' 10Yra
. ei ' e •
• • . • V., % ,.. `i.
" "j # • . ,
.....,-.... - t ..'1 , A , ....;;,.. , 09 ,f,,s!k4 • ' '.
' a A. -',,,, . ; ,, .•.1, ' -4w. ', ;.'‘'., , ' " ,
IC , - ,fi, 4, . ''''''' ' ' 'r' 0 ' • • ''' ii. k •
, .4
V. - - . ..c. .r. 4,17; c • '':• ' • ..
4' . .. T'-. 3'
'• . +.' .1. .. .2 .
. • -C. .., ' • '
4.
• f''''''''.4 . ' " '''' , . . ... 13,, • a • 1 y,-..I-1 -.
" /* "4. . ' s .P.:,.• 1.-4•X • .
Application Name: LaBorde Property
Legal Description
TO5N RO6E 032,
Applicant Applicant Phone/Email
602 299.5222
KAREN NABITY KARENNABITY@GMAIL COM Z2018124
Case Address Parcel Primary: 219-39-032A
26623 N 144TH St
SCOTTSDALE AZ 85262
Generated January 3, 2019 14:26 PM Gross Acres: 2.5 approx. Map scale 1:20,400
Supervisor District No. 2
CHANGE ZONING FROM RU-190 TO RU-43 SO WE MAY BUILD ONE HOME
WE
Maricopa County Planning & Development - Phoenix, AZ

''es i DeNr oil_ ir& Qccr d\Jetale- 1-0-34fte--PeoPiRT
Av3Aceurr °Se - 'R0-19 0 (ViicAnir5
V\-Pel4-1c ,
—Paw
ficol
(Ne.kess EGRE: ss 5L')I
I \IP j
Tseenc: us)
IS
kaac--J
1801
nz) 1 NoitTti
''REs Itz Kt ee 601
EL-1- EA-SetV1ef4.r ,OC O 51= Ordar
tNi cot
I
<lee ,,VCV
/ e / r I / /
101.0 • / t I • I
34:)(
oaa-61cere7 usE-- mcbowe nitm 2eGA 0 w--?,4
e219-.34i- 0301-4 Fee-r-
0\1\0.4E12: Loc.te. E Oieoe-
UT71r\ oR rz.e: .AGe.A•17C-_- r.:Y
50 in PI A (2-Y : ax Z.t)01'n216 - R.u- Icto-veicANT---Resteien+10,1
TaoPoseD -Zonct izo.443_Rsidevti.ca-Butice V-11I1:tTY MA?
err To scALT 3
Ric) Veetoo "DR
a s-c- -70 rte&apicke Trall C 0--tcto 4-0 R.0-45 +-o
,IcL or4 hone-

Title Page
LaBorde Property
Narrative
General Location:
On 144th St. 1 mile south of Rio Verde Dr
NE of Scottsdale, AZ in
Case #:Z.401Y/;-- 1-1
Rio Verde Dr
Cavedale Dr
McDowell MTN Regional Park
IVED NOV 0 7 2018

Purpose of Request: This Parcel is a 2.5 Acre parcel (108,900 SF) and is zoned RU-190. The current owner,
Lucie LaBorde, applied for a variance in 2006 which was not the correct avenue for a zoning change and was
denied.
The Authorized Agent is requesting a change in Zoning from RU-190 to RU-43 to make this a buildable
lot for her daughter, son-in-law and 2 grandchildren to build a new home for their family. The purpose for the
zoning change is to allow for one single family home to be built on this property. There are no plans to divide
this property. In fact, based on the Site Plan — the location of the septic, house, setbacks and current well
location this lot would not be dividable. This assures this a 2.5 acre lot will only accommodate one house.
Description of proposal: This zoning change will continue the current rural residential use. By changing
the zoning from RU-190 to RU-43 it simply allows for this 2.5 acre lot to have a single family home built on it.
This lot is contiguous with the 23 lots directly west of this lot that are zoned RU-43, we are simply requesting
this parcel to be zoned to the same standard. The plans are to build a single family home that will
complement the surrounding homes.
Relationship to surrounding properties:
On the West side, the TWENTY THREE contiguous lots that back up to the McDowell Mountain Regional Park
are all zoned RU-43. The first 7 of these lots are only 43,560 - 55,515 square feet. This lot will be a larger lot so
will not lower the value of those homes. Also, the placement of the home will give those neighbors extra
space for viewing pleasure. The width of their lot would fit between our home and the west lot line of our
property. Our request to change the zoning to RU-43 with no splits keeps this a 2.5 acre lot which should be
appreciated by the neighbors. Only one new home instead of two! We see no negative for the neighbors.
On the North and East side is an L shaped 7.5 acre property. This property is vacant. In my last conversation
with the property owner, Grant Hertel, he stated that he will be leaving this property for his children.
On the South side of the property is the McDowell Mountain Regional Park.
In our strong opinion —this zoning change should be approved to allow this property to be used for its best
potential — a single family home.
Location and Accessibility: Location is on 144th St. South of Rio Verde Dr. Take 144th south almost a mile
and it dead ends into a private gate located on Mr. McMurtry's property. There is a filed ingress/egress that
goes through the gate to the subject property - recording #20060617609.
Circulation System: No dedications planned.
Development Schedule: Build time to be approximately 12 months.
Community facilities: This property will border the McDowell Mountain Regional Park.
Public Utilities and Services: SRP Electric, Rural Metro (Fire Dept.), Septic and Hauled Water. Well — This
well is governed by the "Quail Track Shared Well Rules and Regulations" which is filed with Maricopa County
under Docket 13969, Page 303.

Maricopa County
Environmental Services
Department
• • • • 11 . •1 • ••• • a
Planning Subdivision Program Infrastructure & DATE: November 15, 2018
1001 N. Central Avenue #150
Phoenix, Phone: (602) Arizona 506-1058 85004 TO: Derek Scheerer, Planning & Development Dept.
Fax: (602) 506-5813 Planner
TDD 602 506 6704
FROM: Souren Naradikian, RE.
Senior Civil Engineer
SUBJECT: Rezone from RU-190 to RU-43. Z2018124
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 request is for
Rezone from RU-190 to RU-43 to accommodate new house building at APN#
219-39-032A. Water and sewer will be provided by existing well and new septic
system. MCESD has no concerns, NOID must be obtained prior to construction
building permit approval.
Stormwater - The parcel is not located in the urbanized unincorporated area,
and therefore, not regulated by the Maricopa County Stormwater Quality
Program.
Based on the above, MCESD raised no concerns to this project to the
Planning & Development Department in Accela Automation on November 15,
2018 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.

Maricopa County
Planning & Development Department
Date: November 21st, 2018
Simon Edwards
Planning & Development
501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director,
Phoenix, Phone: (602) Arizona 372-0580 85008 Department of Planning & Development
Fax: (602) 506-3282
www.maricopa.gov/planning Email address: Attn: Derek Scheerer, Planner, Planning & Development Services
SimonEdwandsemail.maricona.00v
From: Simon Edwards, Engineering Associate,
Planning & Development Services
CC: Michael Norris, P.E., Drainage Engineering Manager,
Planning & Development Services
Subject: Z2018124 — Zone Change From RU-190 TO RU-43 — El
Memo
Job Site Address: 26601 N 1441h Street, Scottsdale, AZ 85262
APN(s): 219-39-032A
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the Zone
Change application date stamped 11/07/2018, and has no objections to the proposed re-
zoning, subject to the following stipulations:
1. No development approval is inferred by this 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 entitlement.
2. 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.
3. At the time of applying for Buildings Permits please note that the application will
need to be accompanied by a set of engineered Grading & Drainage Plans.
Please contact me if you have any questions or require clarification of these
comments.

Derek Scheerer - PLAN DEVX
From: RDSA-IT Helpdesk <rdsaithelpdesk@maiLmaricopa.gov >
Sent: Thursday, December 27, 2018 9:40 AM
To: Derek Scheerer - PLANDEVX
Subject: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale
(Planning and Development) As Next Action
Next Action has been set for following Issue in IssueTrak:
Issue #: 157988
Subject: Z2018124 zoning change 144th and Cavedale
Status: Open
Division Type: Development Services
Sub Type 1: Planning
Sub Type 2: Support/Opposition for a Project
Priority: Medium
Project:
Division: PNDDevServ Development Services
Organization: Planning and Development
Submitted By: Coggins, Lori on 27-Dec-2018 602-372-3627
Assigned To: CustomerService, PND on 27-Dec-2018
Next Action: Scheerer, Derek on 27-Dec-2018 602-506-6533
Issue Description:
Zoning and Planning board
I am writing to address my concerns around the change of zoning from RU-190 to RU-43
outlined in Z2018124. Even with the "Promise" to put 1 house per 2.5 ache the
developer will have the full right to put 1 house / 1 ache per law. This is not acceptable
for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique
and protected local wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ ache lots to lower
the density to protect this special area and provide an area for agriculture use.
o Placing residential properties with smaller lots in this area is in conflict with the
general use for this area and will result in conflict.
• Lowering the density to RU-43 will allow the developer to put 1 home per ache in this
area greatly raising the density along the park.
• This sets a precedence for other developers to do the same which will degrade the
original plan to protect this area from development to preserve the natural resources
1

and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of
dust and destroying the natural vegetation along the road, this rezoning area is at the
end of 144 so will greatly add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under
producing. The existing well will not provide enough water for this level of density which
will further cause more traffic with water trucks, drilling more wells in this area will
cause more stress to the local aquifer and cause more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly
reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must
lower an equal amount of density within the local area IE: Section 31
I will also attempt to be present for the zoning meeting and present in person. If I am
unable to attend the meeting please consider this as my rebuttal to the board.
Eric Repec
26909 N. 142nd Way
Eric Repec
Technologent CI3 Practice Lead
Continuous Intelligence
Cl 313.806.3729
El eric.repec@technologent.com
Why Technologent?
2

Derek Scheerer - PLANDEVX
From: Wolfgang Stobbe <netteta1465@gmail.com >
Sent: Wednesday, January 2,2019 11:09 AM
To: Derek Scheerer - PLAN DEVX
Subject: Issue #157988
I am joining my neighbors in this matter. Lot 219-39-076P
Please include me into your mailing list regarding this concern
Edith + Wolfgang Stobbe
27827 N 143rd St

Derek Scheerer - PLAN DEVX
From: George Waldren <george.waldren@gmail.com >
Sent: Wednesday, January 2, 2019 4:45 PM
To: Derek Scheerer - PLAN DEVX
Subject: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale
(Planning and Development) As Next Action
Zoning and Planning board
I am writing to address my concerns around the change of zoning from RU-190 to RU-43 outlined in
Z2018124. Even with the "Promise" to put 1 house per 2.5 acre the developer will have the full right to
put 1 house / 1 acre per law. This is not acceptable for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique and protected
local wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ acre lots to lower the density to
protect this special area and provide an area for agriculture use.
o Placing residential properties with smaller lots in this area is in conflict with the general use for this
area and will result in conflict.
• Lowering the density to RU-43 will allow the developer to put 1 home per acre in this area greatly
raising the density along the park.
• This sets a precedence for other developers to do the same which will degrade the original plan to
protect this area from development to preserve the natural resources and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of dust and
destroying the natural vegetation along the road, this rezoning area is at the end of 144 so will greatly
add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under producing. The
existing well will not provide enough water for this level of density which will further cause more traffic
with water trucks, drilling more wells in this area will cause more stress to the local aquifer and cause
more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must lower an equal
amount of density within the local area IE: Section 31
I will also attempt to be present for the zoning meeting and present in person. If I am unable to attend
the meeting please consider this as my rebuttal to the board.
Regards,
George Waldren
14306 E Cavedale Dr (lot #219-39-211D)
Scottsdale, AZ 85262
917-723-1235

Derek Scheerer - PLAN DEVX
From: Carol Cabalka <peteycic@aol.com >
Sent: Thursday, January 3, 2019 12:37 PM
To: Derek Scheerer - PLAN DEVX
Cc: tIcabalka@gmail.com
Subject: Change of Zoning Concern
Zoning and Planning board
We are writing to address our concerns around the change of zoning from RU-190 to RU-43 outlined in
Z2018124. Even with the "Promise" to put 1 house per 2.5 ache the developer will have the full right to put 1
house / 1 ache per law. This is not acceptable for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique and protected local wild
life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ ache lots to lower the density to protect
this special area and provide an area for agriculture use. Placing residential properties with smaller lots in this
area is in conflict with the general use for this area and will result in conflict
• Lowering the density to RU-43 will allow the developer to put 1 home per ache in this area greatly raising the
density along the park.
• This sets a precedence for other developers to do the same which will degrade the original plan to protect this
area from development to preserve the natural resources and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of dust and destroying the
natural vegetation along the road, this rezoning area is at the end of 144 so will greatly add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under producing. The existing well
will not provide enough water for this level of density which will further cause more traffic with water trucks,
drilling more wells in this area will cause more stress to the local aquifer and cause more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must lower an equal amount of
density within the local area IE: Section 31
We will also attempt to be present for the zoning meeting and present in person. If We am unable to attend the
meeting please consider this as our rebuttal to the board.
Very Sincerely,
Carol and Tom Cabalka
27005 N 143rd Place
Scottsdale, Az 85262
Parcel ID 219-39-205A
1

Sent from my iPad
2

From: RDSA-IT Helpdesk
To: Derek Scheerer - PLANDEVX
Subject: Issue #158125, Next Action assigned w/note: no support of zone change z2018124 (Planning and Development)
As Next Action
Date: Thursday, January 3, 2019 3:15:00 PM
*===*
A note on Next Action was added to the following Issue in IssueTrak:
Issue #: 158125
Subject: no support of zone change z2018124
Status: Open
Division Type: Development Services
Sub Type 1: Planning
Sub Type 2: Support/Opposition for a Project
Priority: Medium
Project:
Division: PNDDevServ Development Services
Organization: Planning and Development
Submitted By: Janowicz, Ellen on 02-Jan-2019 602-372-3746
Assigned To: CustomerService, PND on 02-Jan-2019
Next Action: Scheerer,' Derek on 03-Jan-2019 602-506-6533
Issue Description:
Zoning and Planning board
I am writing to address my concerns around the change of zoning from
RU-190 to RU-43 outlined in Z2018124. Even with the "Promise" to put 1
house per 2.5 ache the developer will have the full right to put 1 house / 1
acre per law. I feel this is not acceptable and the zoning change should not
be approved for the following reasons.
• This area is bordering the county park and is home to many unique and
protected local wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+
ache lots. This requirement was to lower the density to protect this special
area and provide an area for agriculture use.
o The zoning change is to build residential properties with smaller lots in
this area and is in conflict with the general use for this area.
• Lowering the density to RU-43 will allow the developer to put 1 home per
acre in this area greatly raising the density along the park.
• This sets a precedence for other developers to do the same which will
degrade the original plan to protect this area from development to
preserve the natural resources and habitat for the local wild life.
• Due to the construction of the additional horse ranches on 144th, the
increased traffic load on the unpaved 144th St. is already creating a large

amount of dust and destroying the natural vegetation along the road. The
increase in residential homes with the this rezoning at the end of 144th
will greatly add to this problem.
• Currently there is NO county maintenance of 144th. The task of
maintaining this road is handled by residents, at their expense. If
additional residences are allowed due to the rezoning, this maintenance
will be come a monumental task and unfair for those who are currently
maintaining.
• Water is already a concern, nearly 50% of the wells in the area are dry
or under producing. Drilling more wells in this area will cause more stress
to the local aquifer and cause more dry wells in the area. This will leave
current residents with the dilemma of either re-drilling a new deeper well
or having water hauled for their residence.
Research needs to be prescribed before any consideration of change can
be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the
park, they must lower an equal amount of density within the local area IE:
Section 31
Ginger Repec
My parcel #219-39-076q
27819 N 143rd St
Scottsdale, AZ 85262
Notes:
**Note by Banker, Raymond, 03-Jan-2019:
Forwarded to Derek as this is his assigned case.

Planning and Development Department
DATE: January 17, 2019
TO: Planning and Zoning Commission
FROM: Derek Scheerer, Planner
SUBJECT: Z2018124 - Laborde Property
Agenda Item: 11
Since the publishing of the staff report for the above case, staff received several letters
of support and opposition to the case from area residents. Staff has received seven (7)
letters of support and seven (7) letters of opposition, with one (1) letter of opposition being
withdrawn. All letters have been attached to this handout.
Attachment: 7 letters of support
7 letters of opposition
1 letter of withdrawn opposition

Derek Scheerer (PND)
From: granthertel@aol.com
Sent: Friday, January 11, 2019 1:54 PM
To: Derek Scheerer - PLANDEVX
Subject: Case #Z2018124 - Laborde Property
Attachments: Scan0060.pdf
Derek,
Attached is my letter of protest regarding the rezoning request for the Laborde property. I was able to contact the
McMurtry's who own the adjacent property to the west of the Laborde property. It turns out that Mr. McMurtry's wife just
died back in Illinois this past week which is why you have not heard anything further from them. Both Mr. McMurtry and
his son, who plans to build another home on their property, were surprised and seemed upset to learn that Lucie Laborde
was requesting an RU-43 zoning so you may hear more from them prior to the Planning & Zoning Commission meeting
next week. They had been under the impression that no more than one residence could ever be built on the property.
Thanks much for taking the time the other day to chat with me regarding this matter. I would appreciate it if you could
acknowledge receipt of this e-mail.
Sincerely,
Grant Hertel
14802 N. Skokie Ct.
Phoenix, AZ 85022
Cell phone # 602-509-8092
Owner of parcel #219-39-013L
1

January 11, 2019
Re: Case # Z2018124— Laborde Property
To: Derek Scheerer c/oMaricopa County Planning and Development Department
In follow-up to our recent phone conversation I am sending this letter protesting the proposed rezoning
of the Laborde Property and ask that this be forwarded to the Planning & Zoning Commission prior to
their meeting on January 17, 2019.
My wife and I own the "L" shaped property (Parcel #219-39-013L) that wraps around the east and north
borders of the Laborde Property. Initially we owned this parcel with my brother and his wife but in 2002
we purchased their interest and became the sole owners of the property.
Our home address in Phoenix is: 14802 N. Skokie Ct., Phoenix, AZ, 85022. My contact phone number is
602-509-8092.
In way of brief history we have owned our parcel since 1984, and purchased it with the understanding
that Section 32 was zoned as 5 acres and would remain that way. Lucie Laborde's husband, Tom
Laborde, had agreed to sell their 2.5 acres to us in 1984, with sale documents drawn up, however, Tom
was unable to secure the required signatures of all the well shareholders so the deal fell through. Then
in 2006, Lucie Laborde attempted to obtain a variance that would have allowed a lot area of 108,979 sq.
ft., rather than the 190,000 sq. ft. minimum required under Rural-190 zoning, in order to accommodate
construction of a single residence on the property. Both Jay Scott, who at that time owned the adjacent
property to the west of the Laborde property, along with my wife and I, protested that variance and the
Board of Adjustment ultimately turned down the request.
Our main reasons to protest the current rezoning request are as follows:
#1 — As when we originally purchased, our desire remains not to see small property, i.e. high density,
development immediately adjacent to us.
#2 — The current request to rezone to RU-43 opens the potential for the Laborde property to someday
be divided into two separate parcels with the prospect of two residences along with accompanying out
buildings (garages, sheds, horse corrals, etc.), which in conjunction with the well and water holding
tanks already existing on the 2.5 areas would begin to make for a very junky sight.
#3- Rezoning of the Laborde property to RU-43 would clearly devalue our property and very likely the
adjacent property to the west of the Laborde property, currently owned by the McMurtrys, especially
since the easement access to the Laborde property and the well runs through the McMurtry property.
My wife and I feel that the entire immediate surrounding neighborhood would be downgraded in terms
of both property value and life style quality should RU-43 zoning be granted.
Continued on P.2

P.2
#4 — Our long term plan is to give our parcel to our oldest son who plans to build a home there after
retiring in the next 8 years or so. Both he and his wife would also very much like to live in and find the
surrounding area to be much as it is today and was envisioned to be when initially zoned.
My wife and I certainly understand the predicament that Lucie Laborde finds herself in with the property
she owns. We can envision a number of solutions to resolve her problem but at a minimum we feel
there needs to be more stringent restrictions regarding the use of the Laborde parcel other than simply
rezoning it to RU-43.
Sincerely,
Grant A. and Susan M. Hertel
Ayi-euv,i;

Derek Scheerer (PND)
From: Eric Repec <ericrepec@technologent.com >
Sent: Wednesday, January 9, 2019 12:57 PM
To: Derek Scheerer - PLANDEVX
Subject: Re: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale
(Planning and Development) As Next Action
Thank you for all of your help and timely information.
Please withdraw my opposition to this change.
Thank you
Eric Repec
From: Derek Scheerer - PLANDEVX <DerekScheerer@mail.maricopa.gov >
Sent: Wednesday, January 9, 2019 12:36:50 PM
To: Eric Repec
Subject: RE: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale (Planning and
Development) As Next Action
Eric,
We have to go by what they request, and Rural-70 would be a spot zone as nothing around it is Rural-70. Staff
deliberated that suggestion.
Derek Scheerer
Planner
Maricopa County
Planning and Development Department
501 N. 44th St, Suite 200
Phoenix, AZ 85008
Office: (602) 506-6533
Email: DerekScheerer@mail.maricopa.gov
wwvv.maricopasiov/planning
Your feedback is important — Click HERE to let us know!
From: Eric Repec <eric.repec@technologent.com >
Sent: Wednesday, January 9, 2019 11:36 AM
To: Derek Scheerer - PLANDEVX <DerekScheerer@mail.maricopa.gov >
Subject: Re: Issue 4157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale (Planning and
Development) As Next Action
Just curious.
why can't you just change it to RU-70 for the 2.5 acre plot. This should block any ability to split and still have a
buildable lot.
1

Eric
From: Derek Scheerer - PLANDEVX <Dere kScheerer@mail.maricopa.gov>
Sent: Wednesday, January 9, 2019 8:29:34 AM
To: Eric Repec
Subject: RE: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale (Planning and
Development) As Next Action
Eric,
No, there will not be any stipulation like that. We unfortunately cannot limit the request like that. The request is for a
straight rezone of the property from one district to another without seeking to waive any requirement/restriction of the
sought after district. If approved, she would be permitted all the rights and privileges, and also have to adhere to all of
the restrictions, that any other property in the Rural-43 would be held to.
Regards,
Derek Seheerer
Planner
Maricopa County
Planning and Development Department
501 N. 44th St, Suite 200
Phoenix, AZ 85008
Office: (602) 506-6533
Email: DerekScheerer@mail.maricopa.gov
www.maricopa.qov/planninq
Your feedback is important — Click HERE to let us know!
From: Eric Repec <ericsepec@technologent.com >
Sent: Wednesday, January 9, 2019 6:44 AM
To: Derek Scheerer - PLANDEVX <DerekScheererpmail.maricopa.gov >
Subject: Re: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale (Planning and
Development) As Next Action
Derek,
Again I thank you so much for your support and hard work.
After gaining contact with the owner of this property I have a question.
Basically,
Want to verify that there is a stipulation that states if the 2.5 ache plot is further divided that the zoning will
revert back to RU-190?
Thanks
Eric
From: Derek Scheerer PLANDEVX <DerekScheerer@mail.maricopa.gov >
Sent: Monday, December 31, 2018 1:52:36 PM
2

To: Eric Repec
Subject: RE: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Caveda le (Planning and
Development) As Next Action
Eric,
I have received your opposition to the case. It has been printed, added to the case file, official record, and will be
presented to the Commission at public hearing. If you could please provide me with a parcel number for your property I
would appreciate it. We have a clause where if a certain number of property owners by total number and total area
oppose a case it can trigger a majority vote by the Board of Supervisors for an approval. Hence, it Is important to know
what property the opposition is coming from. If you have any questions, please feel free to contact me directly.
Thank you and Happy New Year,
Derek Scheerer
Planner
Maricopa County
Planning and Development Department
501 N. 44th St, Suite 200
Phoenix, AZ 85008
Office: (602) 506-6533
Email: DerekScheererPmail.maricopa.gov
Wwvv.maricopa.qov/planninq
Your feedback is important — Click HERE to let us know!
From: RDSA-IT Helpdesk <rdsaithelpdesk@mail.maricopa.gov >
Sent: Thursday, December 27, 2018 9:40 AM
To: Derek Scheerer PLANDEVX <DerekScheerer@mail.maricopagov>
Subject: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale (Planning and Development)
As Next Action
Next Action has been set for following Issue in IssueTrak:
Issue #: 157988
Subject: Z2018124 zoning change 144th and Cavedale
Status: Open
Division Type: Development Services
Sub Type 1: Planning
Sub Type 2: Support/Opposition for a Project
Priority: Medium
Project:
Division: PNDDevServ Development Services
Organization: Planning and Development
Submitted By: Coggins, Lori on 27-Dec-2018 602-372-3627
Assigned To: CustomerService, PND on 27-Dec-2018
3

Next Action: .Scheerer, Derek on 27-Dec-2018 602-506-6533
Issue Description:
Zoning and Planning board
I am writing to address my concerns around the change of zoning from RU-190 to RU-43
outlined in Z2018124. Even with the "Promise" to put 1 house per 2.5 ache the
developer will have the full right to put 1 house / 1 ache per law. This is not acceptable
for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique
and protected local wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ ache lots to lower
the density to protect this special area and provide an area for agriculture use.
o Placing residential properties with smaller lots in this area is in conflict with the
general use for this area and will result in conflict.
• Lowering the density to RU-43 will allow the developer to put 1 home per ache in this
area greatly raising the density along the park.
• This sets a precedence for other developers to do the same which will degrade the
original plan to protect this area from development to preserve the natural resources
and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of
dust and destroying the natural vegetation along the road, this rezoning area is at the
end of 144 so will greatly add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under
producing. The existing well will not provide enough water for this level of density which
will further cause more traffic with water trucks, drilling more wells in this area will
cause more stress to the local aquifer and cause more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly
reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must
lower an equal amount of density within the local area IE: Section 31
I will also attempt to be present for the zoning meeting and present in person. If I am
unable to attend the meeting please consider this as my rebuttal to the board.
Eric Repec
26909 N. 142nd Way
Eric Repec
Technologent CI3 Practice Lead
4

Continuous Intelligence
CI 313.806.3729
EJ eric.repecRtechnologent.com
Why Technologent?
This e-mail may contain confidential and/or privileged information. If you are not the intended recipient (or
have received this e-mail in error) please notify the sender immediately and destroy this e-mail. Any
unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden.
This e-mail may contain confidential and/or privileged information. If you are not the intended recipient (or
have received this e-mail in error) please notify the sender immediately and destroy this e-mail. Any
unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden.
This e-mail may contain confidential and/or privileged information. If you are not the intended recipient (or
have received this e-mail in error) please notify the sender immediately and destroy this e-mail. Any
unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden.
5

•Derek Scheerer (PND)
From: Jaclyn Sarnowski - PLANDEVX
Sent: Friday, January 4, 2019 3:27 PM
To: Derek Scheerer - PLAN DEVX
Subject: FW: Z201818124 zoning change 144th and Cavendale
From: Pat Fumagalli <patfumagallis@gmail.com >
Sent: Friday, January 4, 2019 1:10 PM
To: PD ON CALL PLANNER <PDONCALLPLANNER2@mail.maricopa.gov >; pdcustomerservice
<pdcustomerservice@mailmaricopa.gov >
Subject: Z201818124 zoning change 144th and Cavendale
Zoning and Planning board
I am writing to address my concerns around the change of zoning from RU-190 to RU-43 outlined in
Z2018124. Even with the "Promise" to put 1 house per 2.5 ache the developer will have the full right to put 1
house / 1 ache per law. This is not acceptable for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique and protected local
wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ ache lots to lower the density to
protect this special area and provide an area for agriculture use.
0 Placing residential properties with smaller lots in this area is in conflict with the general use for
this area and will result in conflict.
• Lowering the density to RU-43 will allow the developer to put 1 home per ache in this area greatly
raising the density along the park.
• This sets a precedence for other developers to do the same which will degrade the original plan to
protect this area from development to preserve the natural resources and habitat for the local wild
life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of dust and
destroying the natural vegetation along the road, this rezoning area is at the end of 144 so will greatly
add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under producing. The
existing well will not provide enough water for this level of density which will further cause more traffic
with water trucks, drilling more wells in this area will cause more stress to the local aquifer and cause
more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
1

• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must lower an equal
amount of density within the local area 1E: Section 31
I will also attempt to be present for the zoning meeting and present in person. If I am unable to attend the
meeting please consider this as my rebuttal to the board.
Pat Fumagalli
14535 E Pinnacle Vista Dr
Scottsdale AZ 85262
480 5403686
2

Derek Scheerer (PND)
From: Wolfgang Stobbe <netteta1465@gmail.com >
Sent: Friday, January 4, 2019 3:04 PM
To: Derek Scheerer - PLAN DEVX
Subject: Re: Issue #157988
Hello Derek,
In reply to your email I state my opposition to case # Z2018124
Edith + Wolfgang Stobbe
lot # 219-39-076P
27827 N 143rd St
On Wed, Jan 2, 2019 at 12:34 PM Derek Scheerer PLANDEVX <DerekScheerer@rnail.maricopa.gov> wrote:
Hello Wolfgang,
Can you please send me another email stating your opposition or support to the case? The case number is Z2018124.
Thank you,
Derek Scheerer
Planner
Maricopa County
Planning and Development Department
501 N. 44th St, Suite 200
Phoenix, AZ 85008
Office: (602) 506-6533
Email: DerekScheerer@maiLmaricopa.gov
www.maricopa.goviplanning
1

Your feedback is important — Click HERE to let us know!
From: Wolfgang Stobbe <netteta1465@gmail.com >
Sent: Wednesday, January 2, 2019 11:09 AM
To: Derek Scheerer - PLANDEVX <DerekScheererPmail.maricopa.gov >
Subject: Issue #157988
am joining my neighbors in this matter. Lot 219-39-076P
Please include me into your mailing list regarding this concern
Edith + Wolfgang Stobbe
27827 N 143rd St
2

Derek Scheerer (PND)
From: Jaclyn Sarnowski - PLANDEVX
Sent: Friday, January 4, 2019 8:31 AM
To: Derek Scheerer - PLAN DEVX
Subject: FW: Z2018124 zoning change 144th and Cavedale
From: Ginger Repec <grepec@msn.com >
Sent: Wednesday, January 2, 2019 11:39 AM
To: pdcustomerservice <pdcustomerservice@mail.maricopa.gov >; PD ON CALL PLANNER
<PD0NCAL1PLANNER2@mall.maricopa.gov >
Subject: Re: Z2018124 zoning change 144th and Cavedale
Zoning and Planning board
I am writing to address my concerns around the change of zoning from RU-190 to RU-43
outlined in 22018124. Even with the "Promise" to put 1 house per 2.5 ache the developer will
have the full right to put 1 house / 1 acre per law. I feel this is not acceptable and the zoning
change should not be approved for the following reasons.
• This area is bordering the county park and is home to many unique and protected local
wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ ache lots. This
requirement was to lower the density to protect this special area and provide an area
for agriculture use.
o The zoning change is to build residential properties with smaller lots in this area
and is in conflict with the general use for this area.
• Lowering the density to RU-43 will allow the developer to put 1 home per acre in this
area greatly raising the density along the park.
• This sets a precedence for other developers to do the same which will degrade the
original plan to protect this area from development to preserve the natural resources
and habitat for the local wild life.
• Due to the construction of the additional horse ranches on 144th, the increased
traffic load on the unpaved 144th St. is already creating a large amount of dust and
destroying the natural vegetation along the road. The increase in residential homes with
the this rezoning at the end of 144th will greatly add to this problem.
• Currently there is NO county maintenance of 144th. The task of maintaining this road is
handled by residents, at their expense. If additional residences are allowed due to the
rezoning, this maintenance will be come a monumental task and unfair for those who
are currently maintaining.
1

• Water is already a concern, nearly 50% of the wells in the area are dry or under
producing. Drilling more wells in this area will cause more stress to the local aquifer and
cause more dry wells in the area. This will leave current residents with the dilemma of
either re-drilling a new deeper well or having water hauled for their residence.
Research needs to be prescribed before any consideration of change can be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must
lower an equal amount of density within the local area IE: Section 31
Ginger Repec
My parcel #219-39-076q
27819 N 143rd St
Scottsdale, AZ 85262
2

Derek Scheerer (PND)
From: Carol Cabalka <peteycic@aoLcom>
Sent: Thursday, January 3, 2019 12:37 PM
To: Derek Scheerer - PLANDEVX
Cc: tIcabalka©gmail.com
Subject: Change of Zoning Concern
Zoning and Planning board
We are writing to address our concerns around the change of zoning from RU-190 to RU-43 outlined in
Z2018124. Even with the "Promise" to put 1 house per 2.5 ache the developer will have the full right to put 1
house / 1 ache per law. This is not acceptable for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique and protected local wild
life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ ache lots to lower the density to protect
this special area and provide an area for agriculture use. Placing residential properties with smaller lots in this
area is in conflict with the general use for this area and will result in conflict.
• Lowering the density to RU-43 will allow the developer to put 1 home per ache in this area greatly raising the
density along the park.
• This sets a precedence for other developers to do the same which will degrade the original plan to protect this
area from development to preserve the natural resources and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of dust and destroying the
natural vegetation along the road, this rezoning area is at the end of 144 so will greatly add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under producing. The existing well
will not provide enough water for this level of density which will further cause more traffic with water trucks,
drilling more wells in this area will cause more stress to the local aquifer and cause more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must lower an equal amount of
density within the local area IE: Section 31
We will also attempt to be present for the zoning meeting and present in person. If We am unable to attend the
meeting please consider this as our rebuttal to the board.
Very Sincerely,
Carol and Tom Cabalka
27005 N 143rd Place
Scottsdale, Az 85262
Parcel ID 219-39-205A

Derek Scheerer (PND)
From: George Waldren <george.waldren@gmail.com >
Sent: Wednesday, January 2, 2019 4:45 PM
To: Derek Scheerer - PLAN DEVX
Subject: Issue #157988, Next Action assigned: Z2018124 zoning change 144th and Cavedale
(Planning and Development) As Next Action
Zoning and Planning board
I am writing to address my concerns around the change of zoning from RU-190 to RU-43 outlined in
Z2018124. Even with the "Promise" to put 1 house per 2.5 acre the developer will have the full right to
put 1 house /1 acre per law. This is not acceptable for the following reasons.
• This area is a sensitive area bordering the county park and is home to many unique and protected
local wild life which would be impacted by this development.
• The original plan was to preserve this land East of 144th to large 5+ acre lots to lower the density to
protect this special area and provide an area for agriculture use.
o Placing residential properties with smaller lots in this area is in conflict with the general use for this
area and will result in conflict.
• Lowering the density to RU-43 will allow the developer to put 1 home per acre in this area greatly
raising the density along the park.
• This sets a precedence for other developers to do the same which will degrade the original plan to
protect this area from development to preserve the natural resources and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of dust and
destroying the natural vegetation along the road, this rezoning area is at the end of 144 so will greatly
add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under producing. The
existing well will not provide enough water for this level of density which will further cause more traffic
with water trucks, drilling more wells in this area will cause more stress to the local aquifer and cause
more dry wells in the area.
Research needs to be prescribed before any consideration of change can be properly reviewed.
• The impact to protected wild life.
• Aquifer draw down for the increased number of residents.
• Traffic load on 144th
• Air quality impact
• Balance of density, if developer wants to raise the density along the park, they must lower an equal
amount of density within the local area IE: Section 31
I will also attempt to be present for the zoning meeting and present in person. If I am unable to attend
the meeting please consider this as my rebuttal to the board.
Regards,
George Waldren
14306 E Cavedale Dr (lot #219-39-211D)
Scottsdale, AZ 85262
917-723-1235
1

Derek Scheerer (PND)
From: Dawn Morris <rockingpm@yahoo.com >
Sent: Tuesday, January 8, 2019 8:40 PM
To: PD ON CALL PLANNER
Cc: karennabity@gmail.com
Subject: Approval of zoning change
TO: Maricopa County Planning & Development
RE: Zoning Change Case # Z2018124
This email is to confirm that I fully support the zoning change from RU-190 to RU-43 so a single family home can be built
on this 2.5 acres. Please approve!
Dawn Morris
31435 N 164 St
Scottsdale,Az 85262
Rockingpm@yahoo.com
Sent from my iPhone
1

Derek Scheerer (PND)
From: Jeanine Briguglio <jeaninescc@gmailcom>
Sent: Friday, January 11, 2019 9:04 AM
To: PD ON CALL PLANNER
Cc: Karen N
Subject: Zoning Change Case # Z2018124
TO: Maricopa County Planning & Development
This email is to confirm that I fully support the zoning change from RU-190 to RU-43 so a single family home can be built
on this 2.5 acres. Please approve!
Blessings,
Jeanine Briguglio
15716 E. Mark Lane
Scottsdale, AZ 85262
480-688-1111
Sent from Mail for Windows 10
From: Jeanine Briguglio
Sent: Thursday, January 10, 2019 10:08 PM
To: PDPIanner@mail.maricopa.gov
Cc: Karen N
Subject: Zoning Change Case # Z2018124
TO: Maricopa County Planning & Development
This email is to confirm that I fully support the zoning change from RU-190 to RU-43 so a single family home can be built
on this 2.5 acres. Please approve!
Blessings,
Jeanine Briguglio
Sent from Mail for Windows 10

Derek Scheerer (PND)
From: MIKE BRIGUGLIO <MIKEBRIGUGLI0@msn.com >
Sent: Friday, January 11, 2019 9:28 AM
To: PD ON CALL PLANNER
Cc: karennabity@gmail.com
Subject: Zoning Change Case #Z2018124
TO: Maricopa County Planning & Development
This email is to confirm that I fully support the zoning change from RU-190 to RU-43 so a single family home can be built
on this 2.5 acres. Please approve!
Sincerely,
Mike Briguglio
15716 E. Mark Lane
Scottsdale, AZ 85262
480-707-3199
Sent from Mail for Windows 10
1

Derek Scheerer (PND)
From: Doug Farrington <dougfarrington@gmail.com >
Sent: Monday, January 14, 2019 5:44 PM
To: KarenNabity@gmail.com; PD ON CALL PLANNER
Subject: Zoning Case # Z2018124
TO: Planning and Development
Zoning Case # Z2018124
This email is to confirm that I support the zoning change from RU-190 to RU-43 so a home can be built on this
2.5 acres.
Thank you,
Doug Farrington
29619 N 138th St.
Scottsdale, AZ 85262
(Mobile) 602-820-3093
1

Derek Scheerer (PND)
From: Nikki Thorkelson <nikki.thorkelson@gmail.com >
Sent: Tuesday, January 15, 2019 11:15 AM
To: PD ON CALL PLANNER
Cc: karennabity@gmail.com
Subject: Zoning change case #Z2018124
TO: Maricopa County Planning & Development
RE: Zoning Change Case # Z2018124
I support the zoning change from RU-190 to RU-43 so a home can be built on this 2.5 acres.
Nikki Thorkelson
Nikki.thorkelson@gmail.com
951-219-2449
26811 N 137TH ST
Scottsdale. AZ. 85262

Derek Scheerer (PND)
From: Anne Hunt <annehunt13@gmail.com >
Sent: Tuesday, January 15, 2019 4:42 PM
To: PD ON CALL PLANNER
Cc: Karen N
Subject: Zoning
I TO: Planning & Development
1 Zoning Change Z2018124
i I support the zoning change from RU-190 to RU-43 so a home can be built on this 2.5 acres.
Anne Hunt
29209 N 136th Street
Scottsdale AZ 85262
9522409454

Derek Scheerer (PND)
From: Keith Thorkelson <keith.thorkelson@yahoo.com >
Sent: Wednesday, January 16, 2019 9:03 AM
To: PD ON CALL PLANNER
Cc: Nikki Thorkelson
Subject: Zoning Change Case #Z2018124
TO: Maricopa County Planning & Development
RE: Zoning Change Case # Z2018124
I support the zoning change from RU-190 to RU-43 so a home can be built on this 2.5 acres.
Keith Thorkelson
keith.thorkelson@yahoo.com
26811 N 137st
Scottsdale, AZ 85262
760-453-9690
1

/1/1/01a/C(
Yoom\ M44
7aA0011'' at'wd P-44m7
kt • laiem
3 Arad lin?
.2.010-$Ls,_w
3/opp /1/5/1•th.i,
fataM, /9z. g_5g4,
.6 WrOtiv---
I 5. 12)G E.PAanuilVflt raf
5wtt-A1C& (

(-740-1
ta.6-6-rdifie-
o
oviouo__
/ak
1-13,0 - 653.. O42.1xO

/ - ( i1) a-
etcv3.
, /4 a (Fs--2 4, e...
cp 0 - ./40 _ 3 yy,r--

sz,5 4,9,.601

1 1 laote
0.A9
Pir"-r-3 Q-kA346
CRO-41.0a
LQQ43
Itoao-kG-
14V‘"4-')
(-Fe° -- 660— r7c9 I

14u-k- JJ
aA,Zcopat Coce-,463,
e Act_ ,eoric iatz
D iialet944- a 40 izx (-15 .
w
3z.,10c- m. Jq3 4 pi.
..Ce.a-i-15 kit hz_ as-zto

C7
c'g 7x4-
W/C401.ce_ eV/17
/77 c-ZAR
ed-e/64‹_eic_,
3e-41-Cd•itt.
„,?)-2.4777 39/3


0 •2-i COR. ot‘./

I I /912olg
Att-tx Mskrtcpr -4I clet.,arbto
Ve: 4agrote-
ac-- 01' 4-Q-
cov1
>ue..• •
euVl i'Vt.G..1"1 el
137 30 • Cow-e441-e-
S co r7s 2-(0Z_

To: Maricopa County Planning & Zoning Division
Zoning Request Case# Z2018124
I fully support this request to change the zoning from RU-190 to RU-43. I would
like to see one home built on this property.
Namegc,.._idZJIA?)
Address i',.,,..,
5 6c-sc i ivi,
Phone # 1205-0- 4137---

To: Maricopa County Planning & Zoning Division
Zoning Request Case# Z2018124
I fully support this request to change the zoning from RU-190 to RU-43. I would
like to see one home built on this property.
Name
Address / (1 cdO Ca-cla-64
Phone #

Derelc Scheerer
From: RDSA-IT Helpdesk <rdsaithelpdesk@mail.maricopa.gov >
Sent: Wednesday, January 16, 2019 4:55 PM
To: Derek Scheerer
Subject: Issue #158720, Next Action assigned w/note: FW: Zoning Change Support for
#Z2018124 (Planning and Development) As Next Action
*===*
A note on Next Action was added to the following Issue in IssueTrak:
Issue #: 158720
Subject: FW: Zoning Change Support for #Z2018124
Status: Open
Division Type: Development Services
Sub Type 1: Planning
Sub Type 2: Support/Opposition for a Project
Priority:
Project:
Division:
Organization: Planning and Development
Submitted By: External User, PND on 16-Jan-2019
Assigned To: CustomerService, PND on 16-Jan-2019
Next Action: Scheerer, Derek on 16-Jan-2019 602-506-6533
Issue Description:
Submitted by direct email to rdsaithelpdesk.
From: PD ON CALL PLANNER
Sent: Wednesday, 16 January 2019 14:14:41 (UTC-07:00) Arizona
To: pdcustomerservice
Subject: FW: Zoning Change Support for #Z2018124
From: Brittany Morris
Sent: Wednesday, 16 January 2019 14:14:23 (UTC-07:00) Arizona
To: PD ON CALL PLANNER; Karen N
Subject: Zoning Change Support for #Z2018124
I completely support the change in zoning to RU-43 on this lot to make it a buildable lot.
In reference to Zoning #Z2018124.
1

Brittany Morris
26926 N 138th St
Scottsdale, AZ 85262
480-313-1791
Notes:
**Note by Banker, Raymond, 16-3an-2019:
Forwarded to Derek
2

Derek Scheerer
From: Karen N <karennabity@gmail.com >
Sent: Thursday, January 17, 2019 6:35 AM
To: Derek Scheerer
Subject: Fwd: Zoning Change Z2018124
Forwarded message
From: Jamee Balvin <greatazestatesales@gmail.com >
Date: Wed, Jan 16, 2019 at 10:09 PM
Subject: Re: Zoning Change Z2018124
To: Karen N <karennabity@gmail.com>
I am for the change in the zoning on this 2.5 acre lot to RU-43 so it can become a buildable lot. Case
#Z2018124
Thank you, Jamee Balvin
28505 N 154th St
Scottsdale, AZ 85262
602-448-5653
Sent from my iPhone
> On Jan 16, 2019, at 6:27 PM, Karen N <karennabity@gmail.com> wrote:
> I am for the change in the zoning on this 2.5 acre lot to RU-43 so it can become a buildable lot. Case
#Z2018124

Derek Scheerer
From: Karen N <karennabity@gmail.com >
Sent: Thursday, January 17, 2019 6:36 AM
To: Derek Scheerer
Subject: Fwd: Building lot
Forwarded message
From: Jamee Balvin <greatazestatesales@gmail.corn>
Date: Wed, Jan 16, 2019 at 10:10 PM
Subject: Building lot
To: <karennabity@gmail.com>
I am for the change in the zoning on this 2.5 acre lot to RU-43 so it can become a buildable lot. Case
#Z2018124
Thank you,
Dale Balvin
28505 N 154th St
Scottsdale, AZ 85262
602-350-5733
Sent from my iPhone

Derek Scheerer
From: Brittany Morris <bmorris3610@gmaiLcom>
Sent: Wednesday, January 16, 2019 2:17 PM
To: PD ON CALL PLANNER; Karen N
Subject: Zoning Support for #Z2018124
I completely support the change in zoning to RU-43 on this lot to make it a buildable lot. In reference to Zoning #Z2018124.
Josh Morris
602-639-2269
26926 N. 138th St.
Scottsdale, AZ 85262
1

Derek Scheerer
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, January 16, 2019 7:42 PM
To: Derek Scheerer
Subject: Zoning Z2018124 Lett of support
Forwarded message
From: Kelly Powell <kellyutaz@msn.com>
Date: Wed, Jan 16, 2019 at 6:00 PM
Subject: 14507 E Reb Bird
To: karennabity@gmail.com <karennabity@gmail.com>
My name is Roy Powell and I own 40 acres (5 parcels) just 330' east of this proposed zoning
change. I fully support the zoning change #Z2018124 to allow for a home to be built on this
property.
Roy Powell
14507 E Red Bird Rd
Scottsdale, AZ 85255

Derek Scheerer
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, January 16, 2019 8:56 PM
To: Derek Scheerer
Subject: Fwd: Zoning
Forwarded message
From: Kevin Roberts <chefinkev@yahoo.com>
Date: Wed, Jan 16, 2019 at 8:15 PM
Subject: Zoning
To: karennabity@gmail.com <karennabity@gmail.com>
To who it may concern:
I am in favor of the change in the zoning on this 2.5 acre lot to RU-43 so it can become a buildable lot.
Zoning Case#Z2018124
Thank you,
Kevin Roberts
720.270.2855
27119 N 143RD ST
Scottsdale, AZ85262

Derek Scheerer
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, January 16, 2019 8:57 PM
To: Derek Scheerer
Subject: Fwd: Zoning
Forwarded message
From: William Merz <dakhoondlvr@yahoo.com>
Date: Wed, Jan 16, 2019 at 8:12 PM
Subject: Zoning
To: Karen N <karennabity@gmail.com>
To who it may concern:
I am in favor of the change in the zoning on this 2.5 acre lot to RU-43 so it can become a buildable
lot.
Zoning Case#Z2018124
Thank you,
Bill Merz
303-374-4911
27119 N 143RD ST
Scottsdale, AZ85262

Derek Scheerer
From: Carolyn <cbwein@cox.net>
Sent: Wednesday, January 16, 2019 11:49 PM
To: Derek Scheerer
Subject: Rezoning Mtg- My Objection
Hello Derek;
I am a neighbor on 142" Place (off of Quail Track) Parcel # 219-39-202G.
Unfortunately I cannot attend the meeting being held Thurs 1.17.2019, regarding the zoning change from RU-
190 to RU-43 outlined in Z2018124, on the corner of 144th and Cavedale. But I would like to voice my objection
to rezoning which would allow an increase in density.
My main concern, other than of course the well water issue, is that the future development of homes will
definitely impact the traffic density on 144th greater the density of development, the more cars and traffic
there will be.
Already, since Silver Spurs and the Smoking Rooster horse breeding and boarding facilities have moved in, I
cannot come or go from my house without passing 3-7 cars and/or trucks on 144th. This is at any time in the
work day.... 6:30 AM, Noon, 3 PM, 5:30 PM.... So clearly the amount of traffic is throughout the day.
It did not used to be this way and it is a noticeable difference. In the 6 years since we have lived here, the use
of 144th seems to have quadrupled. And being a dirt road it has really increased the amount of dust in the air.
When I get out of my car to get my mail I have to shut my car door, run to the box and get back into my car
before other traffic passes because I do not want the dust in my clothes, hair or vehicle.
So yes, I am concerned about the development density. The traffic is already mind boggling. And the water
usage out here is fragile.
Lowering the density to RU-43 will allow the developer to put 1 home per acre in this area greatly raising the
density
• This sets a precedence for other developers to do the same which will degrade the original plan to protect
this area from development to preserve the natural resources and habitat for the local wild life.
• The current traffic load on the unpaved 144th St. is already creating a large amount of dust and since the
rezoning area is at the end of 144 it will greatly add to this problem.
• Water is already a concern, nearly 50% of the wells in the area are dry or under producing. The existing well
will not provide enough water for this level of density which will further cause more traffic with water trucks.
Drilling more wells in this area will cause more stress to the local aquifer and cause more dry wells in the area.
Sincerely-
Carolyn and Mark Weinhold
1

Maricopa County Regional Development Services GIS
Alericope County
\ Regional Development Svvices
GIS Division
\\n \\ \\\\\\\\\\\\\\\\\\
rl County Boundary
Interstates
= State Highway
US Highway
I Major Roads
tT
Res 'dented Streets
300' Buffer
Opposition Parcels
2.303e Supporting Parceb
F1 Subject Parcel
300' Butter Interior
F-1300' Buffer Selection
t Excluded Parcels
'
2 1 4 5 2 0 2 B
740.00 1
j 3.2015 10 fla 26 AM
Opposition Case Summary
Note: All Area calculations represent the area of the parcel inside the 300 Buffer
Eligible parcels - excluding subject parcel: 4
Supporting parcels: 0
Opposition parcels: 4
Supporting parcels sq ft: 0
Opposition parcels sq ft: 438,307.32
Subject parcel sq ft: 108,837.04
All area inside the 300 buffer: 787,265.16
All area inside the 300' buffer - excluding subject parcel, ROW and excluded parcels: 438,307.32
No-response parcels sq ft: 0
Super Majority opposed parcel acres: 100%
Super Majority opposed parcel number: 100%
No Response Parcels Supporting Parcels Opposition Parcels
APN Area SqFt Area Acres APN Area SqFt Area Acres APN Area SqFt Area Acres
i I I i 219-39-013L 268,597.5956 6.1662
219-39-204U 39,202.7527 0.9
219-39-204V 50,806.1652 1.1663
219-39-204T 79,700.8113 1.8297

Derek Scheerer (PND)
From: David McMurtry <fhdem@aol.com >
Sent: Wednesday, March 13, 2019 9:23 AM
To: Derek Scheerer (PND)
Subject: Re: Rezoning Laborde property case #Z2018124
Thanks for all of your help and information
Dave
Sent from my iPhone
On Mar 13, 2019, at 8:54 AM, Derek Scheerer (PND) <Derek.Scheerer@maricopa.gov > wrote:
David,
The impetus is with the applicant to resolve the opposition so the Board will take up and act on the
request. I really have no idea if they (the applicant) will contact you or let the request die on the vine.
When it does come back the site will have to be reposted with the new hearing date, the applicant will
have to send out their letter notification like before, and staff will send out their postcard notification
like before so you and the others in the area (300') of the site will most certainly be notified and this will
not slip through unnoticed.
I hope this helps alleviate any concerns about the process you may have.
Sincerely,
Derek Scheerer
Planner
Planning & Development
602-506-6533
Derek.Scheerer@maricopa.gov
From: Dave McMurtry <fhdem@aol.com>
Sent: Tuesday, March 12, 2019 4:34 PM
To: Derek Scheerer (PND) <Derek.ScheererPMaricopa.Gov >
Cc: william mcmurtry <wmcmurtry4@gmail.com >; Grant Hartel <granthertel@aol.com >
Subject: Re: Rezoning Laborde property case #Z2018124
Derek,
I appreciate all of your help with this issue!!
Is there anything we need to be doing on this or we just wait for them to contact us?
Thank you very much
Dave
David McMurtry
815 685-7012 - Cell
From: "Derek Scheerer (PND)" <Derek.Scheerer@Maricopa.Gov>
Date: Tuesday, March 12, 2019 at 4:27 PM
3

To: Dave McMurtry <fhdem@aol.com >
Subject: RE: Rezoning Laborde property case #Z2018124
David,
I left you a voicemail message earlier but just wanted to follow up with an email. The case will be
indefinitely continued to a date uncertain at tomorrow's meeting. The Board will not be taking public
comment. The Board wants the applicant and the opposition come to a resolution about the opposition
before reconsidering the request. You may attend the meeting but please be advised that they will not
be taking public comment. If you have any questions please feel free to contact me.
Thank you,
Derek Scheerer
Planner
Planning & Development
602-506-6533
Derek.Scheerer@maricopa.gov
From: Dave McMurtry <fhdem@aol.com >
Sent: Tuesday, March 12, 2019 10:58 AM
To: district3@mail.maricopa.gov ; Laura Etter - DIST3X <etterl@mail.maricopa.gov >; Clinton Hickman -
DIST4X <chickman@mail.maricopa.gov>; Scott !sham - DIST4X <sisham@mail.maricopa.gov >;
hendersonm001@mail.maricopa.gov ; Steve Chucri - DIST2X <chucris@mail.maricopa.gov >; Page
Gonzales - DIST2X <gonzalesp001@mail.maricopa.gov>; district5@mail.maricopa.gov ; Cristina Arzaga-
Williams - DIST5X <arzagawilliamsc@mail.maricopa.gov >; Jen Pokorski (PND)
<Jen.Pokorski@Maricopa.Gov>; Richard Bohan - GRCX <richardbohan@mail.maricopa.gov >; Jack Sellers
-DIST1X <sellersi@mail.maricopa.gov >; Derek Scheerer (PND) <Derek.Scheerer@Maricopa.Gov >
Cc: william mcmurtry <wmcmurtry4@gmail.com>; Dave McMurtry <fhdem@aol.com >; Grant Hartel
<granthertel@aol.com >
Subject: Rezoning Laborde property case #Z2018124
Board of supervisors;
I am writing to you today asking you to vote "NO" to the rezoning of the Laborde
Property Case #Z2018124.
We have been working with the people trying to purchase the Laborde property
for several months to come to an agreement. We were told last night that would
not be possible. Our family has spent over $1,500 in legal fees to put together
appropriate documents for the Laborde family to sign in order for us to drop our
objection to the rezoning.
We realize that we should have been at the Zoning commission in January to
voice our objection. We were told that if we had objected it probably would not
have passed out of the Zoning Board since 100% of the private land owners within
330 feet of the property would be objecting to the rezoning. Unfortunately, my
Step Mother had passed away and we were back in Illinois for the funeral.
4

We have heard from several county staff that they are trying to correct something
from the 1970's. When we purchased our property at 219-39-204V, 21939-
204U, and 219-39-204T there was an easement for the Laborde Property to have
access using our gate and private drive. We were told that the 2.5 acres could
never have a house built because it was in a part of the county that required 5
acres to build a house and that they had been denied a variance in 2006. The
Laborde Family obviously did not plan for a house to ever be built on the land;
since they sold all 8 of the well shares for the well they dug on the land.
When we purchased our property there was not a need for a road agreement for
the Laborde family to use our private gate and private road. The well only needed
service a couple of times a year. If you are going to allow the rezoning and
increase the amount of traffic on our private road we need to have legal
assurance that they will help with the maintenance of our private gate and
road. Both the Laborde Family and the people wanting to purchase the property
are refusing to sign a road agreement.
Our understanding is that the Zoning Board was impressed that they received 27
letters of support for the rezoning of the property. With the location of the
property no other individuals would be affected by this rezoning. Us and Grant
Hartel, who is also opposing this rezoning, are the only properties affected.
With our objection to the rezoning we still have 100% of the private property
within 330 feet that object to this rezoning. Please vote "NO" to the rezoning of
the Laborde Property Case #Z2018124.
We would appreciate the opportunity to speak at the open meeting if that would
help you make your decision.
Please give me a call if you have any questions.
Thanks for your consideration.
Dave
David McMurtry
815 685-7012 - Cell

Derek Scheerer (PND)
From: David McBride <david.c.mcbride@gmail.com >
Sent: Tuesday, February 12, 2019 6:58 PM
To: Derek Scheerer
Subject: Case # Z2018124
I am writing this email to voice my disapproval of rezoning the R-190 by my home to R-43. I live at 14346 E. Cavedale
Drive on the corner of 144th St. & Cavedale. Roughly 330' from the property in question. One of the reasons I chose to
live here was because we were across the street from the 5 acre zoning. Over the past 15 years the road maintenance
has been done by myself and a couple of other neighbors. If this rezone is approved. Where does it stop? Now I will
know all I have to do is buy the 5 acres across the street from me, split it up and profit. I'm sure you are aware of the high
density and traffic we are already dealing with and the last I heard there was nothing on the 10 year plan as far as road
improvements out here.
Thank You,
David C. McBride
14346 E. Cavedale Dr., Scottsdale, AZ 85262
11

Derek Scheerer (PND)
From: Don Boudreau <djbouds@aol.com >
Sent: Tuesday, February 12, 2019 6:25 PM
To: Derek Scheerer
Cc: djbouds@aol.com
Subject: Z2018124
Derek, I would like to express my opposition to the proposed zoning change from RI-190 to RU-43. The proximity to the
area bordering the county park. The traffic on the unpaved 144th St. already creates a large amount of dust. Water is a
concern in the area 50% of the wells are dry or underproduce. Thank you for your consideration
Donald Boudreau
14324 E,Cavedale Drive
Scottsdale, AZ 85262
602.618.0907
12

Derek Scheerer (PND)
From: RDSA-IT Helpdesk <rdsaithelpdesk@mail.maricopa.gov >
Sent: Tuesday, January 22, 2019 9:15 AM
To: Derek Scheerer
Subject: Issue #158868, Next Action assigned w/note: FW: Zoning Case # Z2018124 (Planning
and Development) As Next Action
*===*
A note on Next Action was added to the following Issue in IssueTrak:
Issue #: 158868
Subject: FW: Zoning Case # Z2018124
Status: Open
Division Type: Development Services
Sub Type 1: Customer Service
Sub Type 2: Customer Assistance
Priority:
Project:
Division:
Organization: Planning and Development
Submitted By: External User, PND on 19-Jan-2019
Assigned To: CustomerService, PND on 19-Jan-2019
Next Action: Scheerer, Derek on 22-Jan-2019 602-506-6533
Issue Description:
Submitted by direct email to rdsaithelpdesk.
From: PD ON CALL PLANNER
Sent: Saturday, 19 January 2019 19:08:12 (UTC-07:00) Arizona
To: pdcustomerservice
Subject: FW: Zoning Case # Z2018124
From: Missy Farrington
Sent: Saturday, 19 January 2019 19:07:47 (UTC-07:00) Arizona
To: PD ON CALL PLANNER; KarenNabity@gmail.com
Subject: Zoning Case # Z2018124
TO: Planning and Development
13

Zoning Case # Z2018124
This email is to confirm that I support the zoning change from RU-190 to RU-43 so a
home can be built on this 2.5 acres.
Martha M Farrington 29619 N. 138th St
Scottsdale, AZ 85255
602-820-3345
Notes:
**Note by Sarnowski, Jaclyn, 22-Jan-2019:
Case assigned to Derek.
14

Derek Scheerer (PND)
From: Missy Farrington <farringtonfam1997@gmail.com >
Sent: Saturday, January 19, 2019 7:08 PM
To: PD ON CALL PLANNER; KarenNabity@gmail.com
Subject: Zoning Case #Z2018124
TO: Planning and Development
Zoning Case # Z2018124
This email is to confirm that I support the zoning change from RU-190 to RU-43 so a home can be built on this
2.5 acres.
Martha M Farrington
29619N. 138th St
Scottsdale, AZ 85255
602-820-3345
15

Derek Scheerer (PND)
From: Karen N <karennabity@gmail.com >
Sent: Thursday, January 17, 2019 6:36 AM
To: Derek Scheerer
Subject: Fwd: Building lot
Forwarded message
From: Jamee Balvin <greatazestatesales@gmail.com >
Date: Wed, Jan 16, 2019 at 10:10 PM
Subject: Building lot
To: <karennabity@gmail.com>
I am for the change in the zoning on this 2.5 acre lot to RU-43 so it can become a buildable lot. Case
#Z2018124
Thank you,
Dale Balvin
28505 N 154th St
Scottsdale, AZ 85262
602-350-5733
Sent from my iPhone

Derek Scheerer
From: Dave McMurtry <fhdem@aol.com >
Sent: Tuesday, February 12, 2019 9:01 PM
To: District 3; Laura Etter - DIST3X; Clinton Hickman - DIST4X; Scott 'sham - DIST4X; Melody
Henderson - DIST1X; Steve Chucri - DIST2X; Page Gonzales - DIST2X; District 5; Cristina
Arzaga-Williams - DIST5X; Derek Scheerer
Cc: William McMurtry; granthertel@aol.com
Subject: Urgent response to Case #Z2018124
Board of Supervisors and Derek Scheerer,
I am writing in regard to the LaBorde Property, Case #Z2018124 that is going before the County Supervisors on
Wednesday February 13, 2019. When this issue went before the committee we were in Illinois dealing with
the death of my fathers wife. In December we met with the party buying the property and were told that they
would only build one house. In a more recent discussion they would not commit to not dividing the
property. This made us very nervous.
When we purchased our property at 219-39-204V, 219-39-204U, and 219-39-204T there was an easement for
the LaBorde Property to have access using our gate and private drive. We were told that the 2.5 acres could
never have a house built because it was in a part of the county that required 5 acres to build a house and that
they had been denied a varience. They would only need to have access to the well on the LaBorde Property a
few times a year. Allowing this property to be divided into one acre lots will substantially increase the traffic
that will be using our private gate and private drive.
We have worked with the potential buyers and had a deed restriction drawn up that we were told they would
sign with some changes. The new buyers talked to our lawyer and the changes were made that they
requested. Tonight we were told they would not sign the agreement.
I see that the issue has been put on the "Consent Agenda". Is there any way to take this off the consent
agenda until we can come to an agreement with the potential buyers? Every personal property owner within
300 feet of this property is opposed to this rezoning as proposed. I think if we can have an additional month
we can come to an agreement that will work for all involved.
Thank you for your consideration.
William McMurtry
McMurtry Family Properties Manager
David McMurtry
McMurtry Family Properties Member
David McMurtry
815 685-7012 - Cell
1

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Tuesday, May 14, 2019 11:42 AM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124
Follow Up Flag: Follow up
Flag Status: Flagged
Pat Fumagalli is now supporting our zoning change.
Karen Nabity
Forwarded message
From: DINO AWESOME <patfumagallis@gmail.com >
Date: Tue, May 14, 2019 at 11:40 AM
Subject: Zoning Change Z2018124
To: Karen N <karennabity@gnnail.conn>
dear Karen
Following our phone conversation and assuming all the facts stated in your below email are accurate, then yes, based
on this 2.5 acre lot having a Deed Restriction limiting the current lot to one buildable lot, no dividing into two
buildable lots and only one single family home, I support Zoning Change Z2018124.
If any of the facts reported below may be discovered being not accurate , I reserve my right to revoke my
support
Pat Fumagalli
14535 E Pinnacle Vista Dr
Scottsdale, AZ 85262
480-540-3686
On May 14, 2019, at 11:08 AM, Karen N <karennabity@gmail.com > wrote:
Pat,
Hello! My name is Karen Nabity, I am a neighbor on 138th Street and I am assisting my children in
rezoning a 2.5 acre parcel, #219-39-032A, that is located past the gate at the South end of 144th St. at
Cavedale Dr.. The correct zoning for this lot size was not done in 1976 when the current owner
purchased the land. We are simply wanting to correct the zoning to make this a buildable lot for my
children to build a home for themselves.
There has been some incorrect information shared about what is being proposed with this zoning
change. Part of the misunderstanding of the Zoning Change is that Maricopa County Planning and
Development required we put two of the same sign next to each other on 144th St. near your
property. Almost always the signs are on the parcel asking for the zoning change. Due to this, it looked
like the zoning change was for a large parcel of land and it would be easy to assume that a developer
1

was involved. My hope is that by sharing the facts with you, you will agree this is the best option for this
parcel and the surrounding neighbors.
I. The zoning change is from RU-190 to RU-43. The lot size is not changing. Yes, RU-43 means that a
lot can be dividable to 1 house per acre, however, we have removed this concern with the Deed
Restriction in item 2. below.
2. This lot will NOT be subdivided into two buildable lots - it will remain one 2.5 acre lot. To that end, the
current owner has signed a permanent Deed Restriction that states "no further dividing of land that
allows for a second buildable lot" and "This Deed Restriction shall run with the land and shall be
binding upon the Grantor, heirs and any subsequent owners, their successors, heirs or
assigns." This will be recorded prior to the Zoning Change. This means in the future a "developer" may
not come in and subdivide this property and build two homes. Copy attached.
3. There will be only ONE SINGLE FAMILY HOME built. County Zoning requirements states very clearly
for RU-43 that there is only "One single-family dwelling per lot of record."
If you have any questions - please feel free to call or email me.
Please support this zoning change by responding to this email with:
Yes, based on this 2.5 acre lot having a Deed
Restriction limiting the current lot to one buildable lot,
no dividing into two buildable lots and only one single
family home, I support Zoning Change Z2018124.
Pat Fumagalli
14535 E Pinnacle Vista Dr
Scottsdale, AZ 85262
480-540-3686
Thank you for your support,
Karen Nabity
602-299-5222
<Deed Restriction.pdf>
2

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Tuesday, May 14, 2019 9:49 AM
To: Rachel Applegate (PND)
Subject: Zoning Change Request Z2018124 Support
Follow Up Flag: Follow up
Flag Status: Completed
Rachel - Here is Ginger Repec's support for Z2018124. Karen Nabity
Forwarded message
From: Ginger Repec <grepec@msn.com >
Date: Wed, May 1, 2019 at 2:59 PM
Subject: Re: Zoning Change Request Z2018124
To: Karen N <karennabity@gmail.com >
Hi Karen,
Per our previous conversation, you indicated that the 2.5 acre plot at the South end of 144th, behind the gate, would be
used by your son-in-law and daughter to build their home. With your additional information I do agree to support the
rezoning request Z2018124.
Thank You
Ginger Repec
Sent from my iPad
> On May 1, 2019, at 2:48 PM, Karen N <karennabity@gmail.com > wrote:
> Ginger,
> Hi! I am reaching out to you in hopes of receiving your support for the zoning change we are asking for on the 2.5
Acres of land behind the gate at the South end of 144th St.. (We had talked on the phone last month in regards to
another development in the area which I will email you about separately.)
> As a recap - this is a property that is currently zoned 1 house per 5 acres. But since it is a 2.5 acre parcel needs to be
rezoned to make it buildable. If it is approved for the rezoning, my children have already taken the responsible action of
having the current owner sign a Deed Restriction that makes it so the lot is never dividable as the Deed Restriction is
worded to "run with the land".
> If you agree to support us - please respond to this email with:
> I support the rezoning request Z2018124.
> Ginger Repec
> 27819 N 143rd St
> Scottsdale, AZ 85262
> Thank you, in advance, for your support! If you have any questions - please just give me a call.
1

>
> Karen Nabity
> 602-299-5222
2

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 4:28 PM
To: Rachel Applegate (PND)
Subject: Zoning Change Z2018124 Support INGRID BOWERS
Follow Up Flag: Follow up
Flag Status: Flagged
Forwarded message
From: Ingrid Bowers <ingridbowers@icloud.com >
Date: Wed, May 15, 2019 at 11:17 AM
Subject: Re: Zoning Change Z2018124 Support
To: Karen N <karennabity@gmail.com >
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Ingrid Bowers 15131 e desert vista trail 85262
On May 15, 2019, at 8:30 AM, Karen N <karennabity@gmail.com > wrote:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 4:31 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 Support SHARON NEWBILL
Follow Up Flag: Follow up
Flag Status: Flagged
Sharon Newbill - 29909 N 152nd St.
Forwarded message
From: Sharon Newbill <newbillsharon@gmail.com >
Date: Wed, May 15, 2019 at 4:14 PM
Subject: Re: Zoning Change Z2018124 Support
To: Karen N <karennabity@gmail.com >
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Sharon's iphone
On May 15, 2019, at 3:55 PM, Karen N <karennabity@gmail.com > wrote:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 4:34 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 CAROL BROWN
Follow Up Flag: Follow up
Flag Status: Flagged
Forwarded message
From: <carolgirle@aol.com >
Date: Wed, May 15, 2019 at 3:01 PM
Subject: Re: Zoning Change Z2018124
To: <karennabity@gmail.com >
Hi Karen,
Absolutely! I hope this works out! Have a great day!
Yes, I support the Zoning Change Z2018124.
Carol Brown
13646 E Whitethorn Dr
Original Message
From: Karen N <karennabity@gmail.com >
To: Carol Brown <carolgirle@aol.com >
Sent: Wed, May 15, 2019 8:03 am
Subject: Zoning Change Z2018124
Carol,
Hello! I am reaching out to you for support in this zoning change. This is a different one than the 260 home development
behind you. Here are the important details:
I am assisting my children in rezoning a 2.5 acre parcel, #219-39-032A, that is located behind the gate at the South end
of 144th St. at Cavedale Dr.. The correct zoning for this lot size was not done in 1976 when the current owner purchased
the land. We are simply wanting to correct the zoning to make this a buildable lot.
My hope is that by sharing the facts with you, you will agree this is the best option for this parcel.
1. The zoning change is from RU-190 to RU-43. The lot size is not changing. Yes, RU-43 means that a lot can be
dividable to 1 house per acre, however, we have removed this concern with the Deed Restriction in item 2. below.
2. This lot will NOT be subdivided. To that end, the current owner has signed a permanent Deed Restriction that
states "no further dividing of land that allows for a second buildable lot" and "This Deed Restriction shall run
with the land and shall be binding upon the Grantor, heirs and any subsequent owners, their successors, heirs or
assigns."
1

3. There will be only ONE SINGLE FAMILY HOME built. County Zoning requirements states very clearly for RU-43 that
there is only One single-family dwelling per lot of record."
Please support this zoning change by responding to this email with:
Yes, I support the Zoning Change Z2018124.
Carol Brown
13646 E Whitethorn Dr
Thank you for your consideration,
Karen Nabity
602-299-5222
2

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 5:17 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 Support MIKE AND SUSAN MCCURDY
Follow Up Flag: Follow up
Flag Status: Flagged
Parcel # 219-40-039R
Forwarded message
From: Mike And Susan <mccurdy1217@cox.net >
Date: Wed, May 15, 2019 at 5:10 PM
Subject: Re: Zoning Change Z2018124 Support
To: Karen N <karennabity@gmail.com >
Yes I approve the zoning change On parcel z2018124.
Mike and Susan nnccurdy land owners in rio verde az!
Sent from my iPad
On May 15, 2019, at 3:57 PM, Karen N <karennabity@gmail.com > wrote:
Sue,
Hello! I am reaching out to you for support in this zoning change. Here are the
important details:
I am assisting my children in rezoning a 2.5 acre parcel #219-39-032A that is located
behind the gate at the South end of 144th St. at Cavedale Dr.. The correct zoning for
this lot size was not done in the 70's when the current owner purchased the land. We
are simply wanting to correct the zoning to make this a buildable lot.
My hope is that by sharing the facts with you, you will agree this is the best option for
this parcel and the community.
1. The zoning change is from RU-190 to RU-43. The lot size is not changing. Yes,
RU-43 means that a lot can be dividable to 1 house per acre, however, we have
removed this concern with the Deed Restriction in item 2. below.
2. This lot will NOT be divided into two buildable lots. To that end, the current owner
has signed a permanent Deed Restriction that states "no further dividing of land that
allows for a second buildable lot" and "This Deed Restriction shall run with the land and
shall be binding upon the Grantor, heirs and any subsequent owners, their successors,
heirs or assigns."
3. There will be only ONE SINGLE FAMILY HOME built. County Zoning requirements
states very clearly for RU-43 that there is only "One single-family dwelling per lot of
1

record."
Please support this zoning change by responding to this email with:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Sue McCurdy
14116 E Aloe Vera Dr
If you have any questions - just give me a call.
Thank you for your consideration,
Karen Nabity
602-299-5222
2

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 6:48 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 JAN FERRIS
Follow Up Flag: Follow up
Flag Status: Flagged
Parcel #219 -39 -064A
Forwarded message
From: -Jan Ferris <jan@gorvw.net>
Date: Wed, May 15, 2019 at 6:18 PM
Subject: Re: Zoning Change Z2018124
To: Karen N <karennabity@gmail.com >
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Jan Ferris
14448 E. Peakview
On May 15, 2019 at 2:53 PM Karen N <karennabitv@gmail.com > wrote:
Jan,
Hello! I am reaching out to you for support in this zoning change. Here are the important details:
I am assisting my children in rezoning a 2.5 acre parcel #219-39-032A that is located behind the gate at
the South end of 144th St. at Cavedale Dr.. The correct zoning for this lot size was not done in in the 70's
when the current owner purchased the land. We are simply wanting to correct the zoning to make this a
buildable lot.
My hope is that by sharing the facts with you, you will agree this is the best option for this parcel and the
community.
1. The zoning change is from RU-190 to RU-43. The lot size is not changing. Yes, RU-43 means that a
lot can be dividable to 1 house per acre, however, we have removed this concern with the Deed
Restriction in item 2. below.
2. This lot will NOT be divided into two buildable lots. To that end, the current owner has signed a
permanent Deed Restriction that states "no further dividing of land that allows for a second
buildable lot" and "This Deed Restriction shall run with the land and shall be binding upon the
Grantor, heirs and any subsequent owners, their successors, heirs or assigns." This will be
recorded before the hearing.
1

3. There will be only ONE SINGLE FAMILY HOME built. County Zoning requirements states very clearly
for RU-43 that there is only "One single-family dwelling per lot of record."
Please support this zoning change by responding to this email with:
Yes, I support Zoning Change Z2018124 to make this a
buildable lot.
Jan Ferris
14448 E Peakview
If you have any questions - just give me a call.
Thank you for your consideration,
Karen Nabity
602-299-5222
2

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 8:51 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 Support LISA KELLEY
Follow Up Flag: Follow up
Flag Status: Flagged
Parcel #219-39-006N
Forwarded message
From: Lisa Kelley <zialisa@yahoo.com >
Date: Wed, May 15, 2019 at 7:30 PM
Subject: Re: Zoning Change Z2018124 Support
To: Karen N <karennabity@gmail.com >
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Lisa Kelley
14015 E Desert Vista Trail
On Wednesday, May 15, 2019, 4:24:16 PM MST, Karen N <karennabityornail.com> wrote:
Lisa,
Hello! I am reaching out to you for support in this zoning change. Here are the important details:
I am assisting my children in rezoning a 2.5 acre parcel #219-39-032A that is located behind the gate
at the South end of 144th St. at Cavedale Dr.. The correct zoning for this lot size was not done in the
70's when the current owner purchased the land. We are simply wanting to correct the zoning to
make this a buildable lot.
My hope is that by sharing the facts with you, you will agree this is the best option for this parcel and
the community.
1. The zoning change is from RU-190 to RU-43. The lot size is not changing. Yes, RU-43 means
that a lot can be dividable to 1 house per acre, however, we have removed this concern with the
Deed Restriction in item 2. below.
2. This lot will NOT be divided into two buildable lots. To that end, the current owner has signed a
permanent Deed Restriction that states "no further dividing of land that allows for a second buildable
lot" and "This Deed Restriction shall run with the land and shall be binding upon the Grantor, heirs
and any subsequent owners, their successors, heirs or assigns."
3. There will be only ONE SINGLE FAMILY HOME built. County Zoning requirements states very
clearly for RU-43 that there is only "One single-family dwelling per lot of record."
1

Please support this zoning change by responding to this email with:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Lisa Kelley
14015 E Desert Vista Trail
If you have any questions - just give me a call.
Thank you for your consideration,
Karen Nabity
602-299-5222

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 6:45 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 Support MICHELE PITEK
Follow Up Flag: Follow up
Flag Status: Flagged
Parcel # 219-39-014D
29503 N 139th St
Forwarded message
From: Michele Pitek <pitekfamily@me.com >
Date: Wed, May 15, 2019 at 5:52 PM
Subject: Re: Zoning Change Z2018124 Support
To: Karen N <karennabity@gmail.com >
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
On May 15, 2019, at 3:48 PM, Karen N <karennabity@gmail.com > wrote:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 4:40 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 Support DEBBIE AQUINO
Follow Up Flag: Follow up
Flag Status: Flagged
Forwarded message
From: Deb Gm <aquino.deborah@gmail.com >
Date: Wed, May 15, 2019 at 12:13 PM
Subject: Re: Zoning Change Z2018124 Support
To: Karen N <karennabity@gmail.com >
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Deborah Aquino
28327 N 139th PI
Sent from my iPhone
On May 15, 2019, at 8:22 AM, Karen N <karennabity@gmail.com > wrote:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Deborah Aquino
28327 N 139th PI

Rachel Applegate (PND)
From: Karen N <karennabity@gmail.com >
Sent: Wednesday, May 15, 2019 4:55 PM
To: Rachel Applegate (PND)
Subject: Fwd: Zoning Change Z2018124 Support INGRID TAUBER
Follow Up Flag: Follow up
Flag Status: Flagged
PARCEL # 219-37-568P
Forwarded message
From: ingrid tauber <ingridot@msn.com >
Date: Wed, May 15, 2019 at 4:47 PM
Subject: Fwd: Zoning Change Z2018124 Support
To: karennabity@gmail.com <karennabity@gmail.com >
Yes I support Zoning Z2018124
Ingrid Tauber
15724 E Mark Lane
Sent from my iPhone
Begin forwarded message:
From: Karen N <karennabity@gmail.com >
Date: May 15, 2019 at 8:27:52 AM MST
To: Ingrid And Mitch Tauber <ingridot@msn.com >
Subject: Zoning Change Z2018124 Support
Ingrid,
Hello! I am reaching out to you for support in this zoning change. This is a different one than
the 260 home development at 136th and Rio Verde Dr. Here are the important details:
I am assisting my children in rezoning a 2.5 acre parcel #219-39-032A that is located behind
the gate at the South end of 144th St. at Cavedale Dr.. The correct zoning for this lot size was
not done in in the 70's when the current owner purchased the land. We are simply wanting to
correct the zoning to make this a buildable lot.
My hope is that by sharing the facts with you, you will agree this is the best option for this parcel and the
cornmunity.
1. The zoning change is from RU-190 to RU-43. The lot size is not changing. Yes, RU-43 means that a
lot can be dividable to 1 house per acre, however, we have removed this concern with the Deed
Restriction in item 2. below.
2. This lot will NOT be divided into two buildable lots. To that end, the current owner has signed a
permanent Deed Restriction that states "no further dividing of land that allows for a second
buildable lot" and "This Deed Restriction shall run with the land and shall be binding upon the
Grantor, heirs and any subsequent owners, their successors, heirs or assigns."
1

3. There will be only ONE SINGLE FAMILY HOME built. County Zoning requirements states very clearly
for RU-43 that there is only "One single-family dwelling per lot of record."
Please support this zoning change by responding to this email with:
Yes, I support Zoning Change Z2018124 to make this a buildable lot.
Ingrid Tauber
15724 E Mark Lane
If you have any questions - just give me a call.
Thank you for your consideration,
Karen Nabity
602-299-5222
2

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. All habitable buildings constructed within this subdivision shall be
constructed to attain a noise reduction level as per ARS § 28-8482(B).
Zoning - Z2018124 District 2
Applicant: Karen Nabity
Location: Approximately 300 south of the southeast corner of 144th St. and
Cavedale Dr. in the Rio Verde area
Request: Zone Change from Rural-190 to Rural-43 - Laborde Property
Mr. Scheerer presented Z2018124 and noted the site is approximately 2.5 acres in Rural-
190 zoning district with five acres minimum, and 4.33 is the minimum for development.
Staff has received five e-mailed letters of opposition since the production of the staff
report. Staff has received additional opposition and support, and received a total of six
letters of opposition and received seven letters of support. Staff is recommending
approval of the request with the conditions in the staff report.
Ms. Karen Nabity, the applicant said this is a 2.5 acre lot that was purchased in 1977 by
Lucy Laborde, and it was zoned incorrectly. She has a total of 24 letters of support with
her and five letters in opposition. She talked to the originating party of the letters against
and he was under the impression the zoning change was for 10 acres because they had
to have two signs posted by a big lot and everyone assumed it was a developer. Her
son would like to purchase this lot to build a family home. She asked for this request to be
approved, so the lot can become buildable.
Mr. Josh Morris said he is not a developer, and he is trying to make 2.5 acre lot buildable.
Some of the neighbors were under the wrong impression, but they are ahead of it now.
They have a lot of neighbor support along that street.
COMMISSION ACTION: Commissioner Hiatt motioned to approve Z2018124 with
conditions a'-'c'. Commissioner Arnett second. Approved 9-0.
a. Development of the site shall be in general conformance with the Narrative
Report entitled "Laborde Property Narrative", consisting of 2 pages,
Maricopa County Planning and Zoning Commission Minutes
Meeting of January 17, 2019
Page 22 of 23

undated, and stamped received November 7,2018, except as modified by
the following conditions.
b. 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.
c. 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.
Chairman Lindblom adjourned the meeting at 10:56 a.m.
Prepared by Rosalie Pinney
Recording Secretary
January 17, 2019
Maricopa County Planning and Zoning Commission Minutes
Meeting of January 17, 2019
Page 23 of 23