Extracted text (via pymupdf_layout)
74527 characters
Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: March 13, 2019 (Cont. from 2/13/19) 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.). Staff has received 26 letters of support and 8 letters of opposition to the request, with 1 letter of opposition withdrawn by the opponent. The level of opposition has not triggered a super-majority vote of the Board for Rural-43 rezoning. 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 March 13, 2019 Z2018124 Page 1 of 2 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: Darren Gerard, AICP, Deputy Director Attachments: 1/17/19 P&Z Packet (20 pages) 1/17/19 P&Z Handout (24 pages) Additional Letters of Support and Opposition (21 pages) Note: 1/17/19 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. March 13, 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 !RI' '‘‘-'' I-• .. , . V, t, ^-« 1 . ( • . ^ t I. '...- I- r 1 s_ . - 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, , 4. -, .. _ . „., .,_ Ill.., „..,,....._ _ ,_ .,_4„, k , , _ Livi.---4,- . 4.:, .,:lit,?-4-..., -44 ' 1;;;......„ • . •.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 iio •a-Aorsi •-c;:,-7-17, ' . ....,,,:( ,-, - oi„,.. . z • i,,, . ,, -. - , •••• • .. Tr • ; ;Fr..itik ,,r(f4 --•-• f4.: , 4 b , - ...,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: ,...., ,. . • t .r.-• v.', ? 1 4 r ,,,. -7,•• . ,t,.. ... cL , ..0.4._,„,(.••• ..,1, I r,..- . ,'" - ."..2 ..*1*.' -,- 1., I Wel . -. A,1 I' i * ; .,. • -, °N. Si.' -,,,-f- '-‘,"4, . ,-,., , .0_ , ..__.-- ..-.1,-- _ V I ..s.-,-,;-„ZTA N— '1 E 1 Ott a , II1T ...., r a t„,,,-,4 clo 'pft R di,--',-5-,.• ,.....' a q.. ..,721 --13 )"" ,0---!.- - -...Jusl E 101-1-alirq,...1.1 r :r • c 'li n,. -0....- • ..-,- ..• r ,,-. 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 ' . a_hti ITE11 (72.zp';017"-All:b '''• --' " r.-3.,-.L,T,..' — ' — 4,E; c av';',3'd ,_41 17)r - A • i,.- ..-li - • ?t' kk•I'T .4:4Cir ',i . ..... . 6 _ 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._ •.. ....i.,.. iyo'ovilk--- .1t: • •,‘-‘, ' '.-1 • P. '''''''' ' .. •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 -',,,, ; ,, .•.1, ' -4w. ' '. ', ;.'‘'., , ' " , , IC , - A. ,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.corn Sent: Friday, January 11, 2019 1:54 PM To: Derek Scheerer - PLAN DEVX 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 7V-e-aze Derek Scheerer (PND) From: Eric Repec <eric.repec@technologent.com > Sent: Wednesday, January 9, 2019 12:57 PM To: Derek Scheerer - PLAN DEVX 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@nnail.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 www.maricopa.doviplanning 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.nnaricopa.gov > Subject: Re: Issue #157988, 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 <DerekScheerer@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 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 www.maricopa.qov/planninq Your feedback is important — Click HERE to let us know! From: Eric Repec <eric.repec@technologent.com > Sent: Wednesday, January 9, 2019 6:44 AM To: Derek Scheerer - PLANDEVX <DerekScheerer@mail.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 Cavedale (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: DerekScheerer@mail.maricopa.gov www.maricopa.gov/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.maricopa.gov > 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 El eric.repec@technologent.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 - PLAN DEVX 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 <PD0NCALLPLANNER2@mail.maricopa.gov >; pdcustomerservice <pdcustomerservice@mail.maricopa.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. 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. 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 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. 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 - PLANDEVX 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@mail.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 Seheerer Planner Maricopa County Planning and Development Department 501 N. 44th St, Suite 200 Phoenix, AZ 85008 Office: (602) 506-6533 Email: DerekScheerer@nnail.maricopa.gov www.maricopagov/planning 1 Your feedback is important - Click HERE to let us know! From: Wolfgang Stobbe <netteta1465Pgmail.com > Sent: Wednesday, January 2, 2019 11:09 AM To: Derek Scheerer - PLANDEVX <DerekScheerer@mail.maricopa.goy> 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 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@nnsn.com > Sent: Wednesday, January 2, 2019 11:39 AM To: pdcustomerservice <pdcustomerservice@mail.maricopa.gov >; PD ON CALL PLANNER <PD0NCALLPLANNER2@mail.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 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 27819N 143rd St Scottsdale, AZ 85262 2 Derek Scheerer (PND) 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 Derek Scheerer (PND) From: George Waldren <george.waldren@gmail.com > Sent: Wednesday, January 2, 2019 4:45 PM To: Derek Scheerer - PLANDEVX 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@gmail.com > 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 1 Derek Scheerer (PND) From: MIKE BRIGUGLIO <MIKEBRIGUGLIO©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@gmaiLcom> 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 TO: Planning & Development Zoning Change Z2018124 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.cmn 26811 N 137st Scottsdale, AZ 85262 760-453-9690 1 /1/1/01e/i< Aidom% Aw4 211aAoor-/evn-5P-1~17 Pt : la ,e,vae iairrid „ek /Ler? 4 3 /4P IQ ledtalot-e, /%,4, atuals 1512)5 E-manairefit-Iza Sott77-1104,c (i2 44).0.)- - Px-eireir7FY)G_ of 74 7r-a19424-(° -c7k 9 -Gg (2cr-a /(.% fk t4-- 6:70, (a_20r6ee /Vo iet -(/- • '7°6 7 7W" SY T6- , E PS-243 cf/ 0- 6/0-3 yyj- , 44-5'&6•& laote m.43 ( 110aJG- $) 4):s 16"9-41 4-8o— 66-0 — rl.rg i\.)tx/61:1-t?r /4 co,i. Coc,43, D 0,90e04-- Aik-c '/((:-rta 40 Ku 44 . oto,,LA 1/1,0 AtlapUrv-k-- 3,10, A!. 143'1 PI. , hz, as-2-40z- 71-0 P6c- ils3 We/atce X/27 /77 // dZotz. Ses iCal•AL .er-z 77 39/3 ee-ee. 0 ott CiOia 0 ota 1119120(g nitAr-t-cor Cc -7 /1 /11,n jet.aphie4 8o1de Prcref),( Ct V\ 01' 4-12.- eirsce nPi C Lc-0 'IC- 7-10e, .Ke,vi fi'L...tA 4 (3730 L. Cok u ..1-e- 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. Address k?t-ittele_ Phone # t_t `5--,39/ 173d/--- 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 Phone # Derek 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-Jan-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.corn> Date: Wed, Jan 16, 2019 at 10:09 PM Subject: Re: Zoning Change Z2018124 To: Karen N <karennabityggmail.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 <karennabityggmail.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.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 1 Derek Scheerer From: Brittany Morris <bmorris3610@gmail.com > 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.corn <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 <karermabity •,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 142nd 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. The 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