PLAN OF DEVELOPMENT: Z2007125CASE NUMBER: &NB - Z2007125 BOS SHORT REPORT 08-20-08.DOC

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: July 24, 2008
Board Hearing Date: August 20, 2008
Case #: Z2007125 - The Shoppes at Cortessa
Agenda Item: 10
Supervisor District: 4
Applicant: Withey Morris, PLC for Armstrong Olive Citrus
Owner: Armstrong Olive Citrus, LLC
Request/s: Precise Plan of Development for a retail shopping
center in the C-2 PD PAD zoning district
Site Location: Northwest corner of Citrus Rd. & Olive Ave. (in the
west Glendale / Surprise area)
Site Size: 16.0 acres
Density: N/A
County Island Status: Class II (City of Glendale)
County Plan: In concert - see related DMP2003009
The site is also within the established Olvie Avenue
Scenic Corridor (OASC) and is generally in concert
wit the scenic corridor’s design guidelines except
with regard to building and structure heights.
Municipal Plan: Not in concert - City of Glendale General Plan - Low
Density Residential (1-2.5 d.u./ac.)
Municipal Comments: The City of Glendale (in a letter dated 10/25/07 from
the Deputy Director of Long Range Planning) does
not support this project.
Support/Opposition: There is no known opposition from the citizen public.

Existing On-Site and Adjacent Zoning and Land Use:
On-site C-2 PD PAD/vacant (disturbed desert)
North: R1-6 RUPD PAD/ residential (single-family homes in
Cortessa DMP)
South: Arterial (Olive Ave.), then C-2 PD PAD/Vacant land
(White Tank Foothills commercial parcel)
East: Arterial (Citrus Rd.), then R1-8 RUPD PAD/vacant
land (Zanjero Pass, Phase 2, Parcel 1)
West: Collector (181st Ave.), then R1-6 RUPD
PAD/residential (single-family homes in Cortessa
DMP)
Staff
Recommendation: Staff recommended approval subject to stipulations
‘a’ through ‘x’ for the following reasons:
 The proposal is in conformance with the
Maricopa County Zoning Ordinance
requirements.
 There are no objections from any County
agency.
Staff recommended stipulations provide for the
reduction of the height of freestanding signs, future
pad compliance with the MCZO & OASC, removal of
the electronic messaging from the fuel canopy, and
that all signs comply with the MCZO.
Staff now recommends revised stipulation language
to stipulation ‘n’ and addition of new stipulations ‘y’
from the Commission recommended stipulations as
bolded in the next section of text.
Additional Comments: Staff recommended stipulations ‘a’ through ‘x’ were
modified by the Commission action. The
Commission action modified the staff
recommended stipulations ‘a’ – ‘x’ by revising
stipulation ‘b’, as shown below in legislative edit’:
b. Development and use of the site shall comply with the Narrative Report
and exhibits entitled “Shoppes at Cortessa”, consisting of 70 pages,
dated June 26, 2008 and stamped received June 26, 2008, except as
modified by the following stipulations. Within 30 days of approval by
the Board of Supervisors, the applicant will submit a revised sign
package (exhibit 10) addressing the following:

 Removing Removal of the variable electronic signage from the
canopy. at such time as the Maricopa County Zoning Ordinance
allows electronic monument signs.
 Reducing the height of the monument signs to 10’.0
Staff believes the Commission’s intent regarding modified Stipulation ‘b’ was to
effectively require a note in the sign package that would allow the canopy electronic
message sign until such time as the MCZO allows electronic messaging on freestanding
signs – at which time the electronic messaging on the canopy must be removed.
In retrospect, staff is concerned that a note in the sign package might be overlooked in
practice. Thus, staff proposes the following change to the Commission recommended
stipulation ‘b’, together with the addition of a new stipulation ‘y’, which staff believes
will collectively meet the intent of the Commission. The applicant concurs with the new
stipulation language being recommended by staff, as shown below in legislative format
from the Commission recommendation:
b. Development and use of the site shall comply with the
Narrative Report and exhibits entitled “Shoppes at Cortessa”,
consisting of 70 pages, dated June 26, 2008 and stamped
received June 26, 2008, except as modified by the following
stipulations. Within 30 days of approval by the Board of
Supervisors, the applicant will submit a revised sign package
(exhibit 10) addressing the following: Removal of the variable
electronic signage from the canopy at such time as the
Maricopa County Zoning Ordinance allows electronic
monument signs.
y. At such time as Maricopa County allows electronic monument
signs, the property owner shall remove the electronic sign
from the gas canopy and apply for a permit to allow an
electronic monument sign.
Staff and the applicant now present stipulations ‘a’ – ‘y’ for approval which
further modifies the Commission action noted below.

Commission
Recommendation: Approve by unanimous vote of 7-0 subject to
modified stipulations ‘a’ - ‘x’:
a. There are no objections from any County agency.Development and use of the site shall
comply with the Site Plan entitled “Shoppes at Cortessa” consisting of four (4) full-size
sheets, dated (revised) June 19, 2008, and stamped received June 26, 2008, except as
modified by the following stipulations.
c. Development and use of the site shall comply with the Narrative Report and exhibits
entitled “Shoppes at Cortessa”, consisting of 70 pages, dated June 26, 2008 and
stamped received June 26, 2008, except as modified by the following stipulations.
Within 30 days of approval by the Board of Supervisors, the applicant will submit a
revised sign package (exhibit 10) addressing the following: Removal of the variable
electronic signage from the canopy at such time as the Maricopa County Zoning
Ordinance allows electronic monument signs.
b. Development of the site shall be generally consistent with the Landscape Plan, entitled
“Shoppes at Cortessa”, consisting of two (2) full-size sheets, dated (revised March 19,
2008 except as modified by the following stipulations.
c. The developer shall comply with the following Maricopa County Department of
Transportation stipulations:
 Perimeter off-site improvements per approved Traffic Impact Report.
 The first and third driveways on Olive Avenue to be right-in and right-out.
 The sidewalk to be installed on perimeter roads.
d. Prior to building permit issuance, onsite water and sewer plans must be submitted to
Maricopa County Environmental Services Division (MCESD) for review and approval.
MCESD will not support the Final Plat prior to issuance of the Approvals to Construct
for this infrastructure.
e. All signage shall conform to the MCZO sign regulations.
f. Lot 2 Pad A and Lot 7 shall conform to the standards of the Olive Avenue Scenic
Corridor (OASC) guidelines.
g. All transformers, back-flow prevention devices, utility boxes and all other utility
related ground mounted equipment shall be painted to complement the development
and shall be screened with landscape material where possible. All HVAC units shall be
screened with a continuous parapet.
h. All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the time
of application for construction.
i. Drainage review of planning and/or zoning cases is for conceptual design only and
does not represent final design approval nor shall it entitle applicants to future
designs that are not in conformance with the Drainage Regulation and design policies
and standards. Prior to any zoning clearance for building permits, the applicant shall
obtain a final Grading and Drainage and Infrastructure permit from Maricopa County.

j. Prior to issuance of any permits for development of the site, the applicant/property
owner shall obtain the necessary encroachment permits from the Maricopa County
Department of Transportation (MCDOT) for landscaping or other improvements in the
right-of-way.
k. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. All site
lighting must be fully shielded.
l. Development and use of the site shall comply with requirements for fire hydrant
placement and other fire protection measures as deemed necessary by the applicable
fire department. Prior to issuance of zoning clearance or Final Plat approval, the
applicant shall seek review and comment from the applicable fire protection agency, and
shall provide written confirmation that the site will be developed in accordance with their
requirements.
m. Prior to zoning clearance, the developer(s) and/or builder(s) shall establish
emergency fire protection services, covering all real property contained within the
project area during course of construction and shall obtain a ‘will serve’ letter
substantiating coverage from the appropriate Fire Department servicing the site.
n. Concurrent with submittal of Final Plat and prior to any building permit application,
Improvement Plans shall be submitted to the Planning and Development Department.
o. Prior to an building permit issuance, a licensed engineering investigation of the site
shall be conducted and submitted identifying any land subsidence or earth fissuring
which affect the site and the report shall include suggested mitigation. The Final Plat
shall have a note that the property is within an area of known land subsidence and/or
earth fissuring. Further, notice that the property is in area of known land subsidence
and/or earth fissuring and a definition of both land subsidence and earth fissures shall
be prominently displayed in the sales office, in the covenants, conditions and
restrictions (CC&Rs), and in any disclosure statements for conveyance documents.
However, if said report concludes negative impact regarding land subsidence and/or
earth fissuring the required notification can include such results.
p. The applicant or his successor shall obtain approval of any development plans from
the Office of the Arizona State Fire Marshal prior to any construction. Provide fire
hydrants on 450’ centers.
q. Submit plans for fuel system to the Office of the State Fire Marshal for approval and
installation permits.
r. The master developer shall notify future property owners/lessors that they are located
within the state-defined “territory in the vicinity of a military airport” with the
following language:
“You are buying or leasing property in the ‘vicinity of a military airport’ as described
by State of Arizona statute ARS §28-8481. Your building should include sound
attenuation measures as directed by State law. You will be subject to direct over
flights and noise by Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at n average of
approximately 170 overflights per day. Although Luke's primary flight paths are
located within 20 miles from the base, jet noise will be apparent throughout the area
as aircraft transient to and from the Barry M. Goldwater Gunnery Range and
other flight training areas.

Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during
overcast sky conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.
Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest
of Luke Air Force Base is a site of intense instrument procedure landing approaches,
with approximately 12,000 flight operations per year. Aircraft will descend down to
200 feet above the ground over the Auxiliary Airfield and will create severe noise in
that area.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and
Development Department.”
Such notification shall be recorded on all Final Plats, be permanently posted on not
less than a 3 foot by 5 foot sign in front of all sales offices, be permanently posted on
the front door of all sales offices on not less than an 8½ inch by 11 inch sign, and be
included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public
Report and conveyance documents.
s. All habitable buildings constructed within this subdivision shall be constructed to
attain a noise reduction level as per ARS 28-8482 (B).
t. Major changes to the Precise Plan of Development and narrative report shall be
processed as a revised application, with approval by the Board of Supervisors upon
recommendation of the Planning and Zoning Commission. Minor changes may be
administratively approved by the Planning and Development Department.
u. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of
the conditions of approval may be grounds for the Planning and Zoning Commission
to take action in accordance with Chapter 3 (Conditional Zoning).
v. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
Drainage Review Division, Planning and Development Department, or the Flood
Control District of Maricopa County may be grounds for initiating a revocation of this
Plan of Development as set forth in the Maricopa County Zoning Ordinance.
w. The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with stipulations.
Planner: Patty Zaricor, Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: July 24, 2008 P&Z minutes – not available as of the writing of this report
but may be provided later
July 24, 2008 P&Z Packet (114 pages)