COMPREHENSIVE PLAN UPDATECASE NUMBER:  & - BOS SHORT REPORT CPA200903 3-17-2010.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: November 5, 2009
Board Hearing Date: March 17, 2010
(continued from December 2, 2009 BOS hearing)
Case #/Title: CPA200903 – Comprehensive Plan Update
Agenda Item: 1
Supervisor District: All
Note: CPA case approval is by Resolution.
Applicant: Commission Initiated
Request: Comprehensive Plan Amendment to the Maricopa
County Comprehensive Plan for property in the high
noise or accident potential zone of Luke Air Force
Base, Luke Aux. Airfield #1, and the Gila Bend Aux.
Field to comply with Arizona Revised Statutes and as
ordered by the Superior Court of Arizona.
Staff
Recommendation: Approve
Commission
Recommendation: Approve by a vote of 7-0.
Additional
Comments:
1. In February 2009, the Superior Court of Arizona granted the State’s Petition for
Preliminary Injunction and Motion for Summary Judgment against Maricopa
County regarding land use plans and zoning regulations for areas around Luke Air
Force Base and the related ancillary military facilities. With completion of the final
form of Judgment on September 8, 2009, Maricopa County has 180 days to
comply with the court order and, therefore, is amending its comprehensive plan
to effect the necessary changes that will bring the county into compliance with
state statutes.
3-17-2010 BOS
P&Z Agenda Item: 1 - CPA200903
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2. While the comprehensive plan already includes policies and language that support
compatible land use around Luke Air Force Base, this amendment adds additional
language that promotes compatible land use planning in areas around the
auxiliary airfields, and adds language discussing the impact that the applicable
state statutes have on Maricopa County. Likely the most important change is that
this amendment establishes a new land use designation for the high noise or
accident potential zone called Military Compatible, which applies to all three
military facilities in Maricopa County and only allows those uses identified in
Chapter 10 of the Maricopa County Zoning Ordinance. This new land use
designation will be implemented through a new zoning entitlement process called
a Military Compatibility Permit.
3. Since the December 2, 2009 Board hearing on this matter Maricopa County and the
State of Arizona have entered into a settlement agreement that will indemnify and
hold the County harmless from liability from any claims asserted by third parties as
a result of Maricopa County’s compliance with the applicable state statutes. As a
result of this settlement agreement, the County agrees to prohibit new residential
buildings or expansions of existing residential buildings within the state statute-
defined high noise or accident potential zone of Luke AFB and the ancillary military
facilities. This prohibition is included in the companion text amendment case
TA2009012.
4. Pursuant to state statute, this comprehensive plan amendment must be approved
by resolution of the Board of Supervisors (attached).
Planner: Matt Holm, AICP
Reviewed by: Darren Gerard, AICP
Attachments: Resolution of Amendment (2 pages)
CPA200903 draft language (5 pages)
Appendix I – Luke AFB Noise Contours and Accident Potential Zones
(1 page)
Appendix J – Aux. Airfield #1 Noise Contours and Accident Potential
Zones (1 page)
Appendix K – Gila Auxiliary Field Noise Contours and Accident
Potential Zones (1 page)
Comprehensive Plan Lane Use Map (1 page)
P&Z packet and draft P&Z minutes were included with the December
2, 2009 BOS packet
3-17-2010 BOS
P&Z Agenda Item: 1 - CPA200903
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