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March 9, 2022
Z2021149
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
March 9, 2022
Case #/Title:
Z2021149 – Marbella Ranch East Phase 2
Supervisor District:
4
Applicant/Owners:
Joe Walsh, Walsh Design Group / Henderson Properties, LLC;
Rim Village III, LLC; Marbella Ranch East, LLC
Request:
Zone Change from Rural-43 to R-5 RUPD
Site Location:
Approx. 750’ south of the SEC of Northern Ave. and
El Mirage Rd., in the Glendale area
Site Size:
Approximately 19.1 acres
County Island Status:
N/A
Additional
Comments:
The applicant requests a zone change with overlay from
Rural-43 to R-5 RUPD to facilitate development multi-family
attached residences and single-family detached residences,
to be rented or leased, located on a single parcel. Upon
approval of the current request, a Plan of Development
(POD) will be necessary to complete the entitlement for
residential development of the subject property. There are no
outstanding concerns from reviewing agencies nor any
known public opposition.
Commission
Recommendation:
On 2/10/22, the Commission voted 7-0 to recommend
approval of Z2021149 subject to conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Marbella Ranch East”, consisting of 1 full-size sheet, dated
December 24, 2021 and stamped received December 28, 2021, except as
modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative for Rezone of Marbella Ranch East”, consisting
of 6 pages, dated December 24, 2021 and stamped received December 28, 2021,
except as modified by the following conditions.
c.
The R-5 RUPD zoning district shall have a maximum of 400 residential units and shall
be subject to the following R-5 RUPD zoning district standards:
March 9, 2022
Z2021149
Page 2 of 3
1.
Minimum front yard: 15 ft.
2.
Minimum rear yard: 15 ft.
3.
Minimum lot area: 3,000 sq. ft.
4.
Minimum lot width: 40 ft.
5.
Garage setback to alley line: 3 ft.
d.
The following Planning Engineering conditions shall apply:
1.
Without
the
submittal
of
a
precise
plan
of
development,
no
development approval is implied by this review, including, but not limited
to number of proposed building lots/units, drainage design, access and
roadway alignments. These items will be addressed as development plans
progress and are submitted to the County for further review and/or
entitlement.
2.
A traffic impact study (TIS) must be submitted with future entitlement
(preliminary plat or POD) application(s).
3.
The eastern border of the site is within the Agua Fria River Floodway and
Floodplain. No fill will be allowed within the Floodway. Future entitlement
(preliminary plat or POD) application(s) must address floodplain/floodway
and erosion protection.
4.
Engineering review of re-zone cases is conceptual in nature. All
development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
e.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
f.
The master developer shall notify future homeowners that they are located
within the state-defined “territory in the vicinity of a military airport” with the
following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described
by State of Arizona statute ARS §28-8481. Your house 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 an
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.
March 9, 2022
Z2021149
Page 3 of 3
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.
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 home sales offices, be permanently
posted on the front door of all home 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.
g.
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.
h.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
i.
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.
j.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for five (5) years, within which time the subject site shall
obtain an approved plan of development or final subdivision plat, and an issued
infrastructure permit for initial development. If this term is not met the Planning and
Development Department may present the R-5 RUPD zoning for Z2021149 to the
Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission), for consideration of amendments or revocation of
zoning due to undeveloped parcels.
Presented by:
Sean Watkins, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Services Manager
Attachment:
2/10/22 P&Z Packet (23 pages)
Note:
2/10/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2021149
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021149 – Marbella Ranch East Phase 2
Hearing Date:
February 10, 2022
Supervisor District:
4
Applicant:
Joe Walsh, Walsh Design Group
Owners:
Henderson
Properties,
LLC;
Rim
Village
III,
LLC;
Marbella
Ranch East, LLC
Request:
Zone Change from Rural-43 to R-5 RUPD
Site Location:
Approx. 750’ south of the SEC of Northern Ave. and El Mirage Rd., in
the Glendale area
Site Size:
Approx. 19.1 acres
Density:
19.8 d.u./ac
County Island:
No
County Plan:
White Tank Grand Avenue Area Plan – Mixed Use Employment
Municipal Plan:
City of Glendale 2040 General Plan – Heavy Industrial (HI)
Municipal Comments:
None received
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2021149
Page 2 of 10
Project Summary:
1.
The Applicant, Joe Walsh, Walsh Design Group, requests a zone change with overlay from
Rural-43 to R-5 RUPD (with no precise Plan of Development) for contiguous parcels
501-54-011F, 501-54-011G, 501-54-012H and 501-54-012L, which comprise approximately
19.1 acres. The subject property lies approximately 750 ft. south of the southeast corner
of Northern Ave. and El Mirage Rd., in the Glendale area. The subject property is vacant,
with small areas of 100-year floodplain and floodway lying on the eastern portion of the
property.
2.
The property is located within the Territory in the Vicinity of a Military Airport, specifically
Luke Air Force Base (LAFB), which requires sound attenuation to be included in the design
of all future residences on the property (Maricopa County Location Additions and
Addenda, Section 209). LAFB commented on December 10, 2021 that future residential
development of the property is not anticipated to negatively affect flight operations at
LAFB.
3.
The RUPD overlay proposes five modifications of the base, R-5 zone development
standards. The following table illustrates and contrasts the applicable development
standards of the R-5 zone, and other provisions of the MCZO, with those proposed for the
requested R-5 RUPD (Note: changes to base standards are indicated in bold).
Standard
Base
R-5 Standards
Proposed
R-5 RUPD Standards
Maximum Height
40’
40’
Front Yard Setback1
20’
15’
Interior Side Setback
5’
5’
Street-Side Setback
10’
10’
Rear Setback2
25’
15’
Lot Area3
6,000 sq. ft.
3,000 sq. ft.
Lot Width4
60’
40’
Lot Area per Dwelling Unit
1,000 sq. ft.
1,000 sq. ft.
Lot Coverage
60%
60%
Parking Spaces
2
2
Garage Setback to Alley
Line5
10’
3’
1 MCZO Art. 702.4.1.a
2 MCZO Art. 702.4.3
3 MCZO Art. 702.5.1
4 MCZO Art. 702.5.2
5 MCZO Art. 1106.2
Z2021149
Page 3 of 10
Zoning Map (Subject Property Outlined in Red)
2020 Aerial Photograph (Subject Property Outlined in Red)
Z2021149
Page 4 of 10
Excerpt of Zoning Exhibit
Vicinity Zoning Map
Glendale
El Mirage
Z2021149
Page 5 of 10
Sections 1 and 2:
White Tank Grand Ave. Mixed Use Employment (Purple)
4.
It should be noted that the applicant is not proposing a site plan (required Plan of
Development [POD]) at this time. According to the project narrative, future development
of the subject property is anticipated to comprise multi-family attached residences and
single-family detached residences to be offered for rent/lease, located on a single,
combined parcel. The goal is to create a mix of housing types in a well-designed,
pedestrian friendly, and community-oriented neighborhood. A POD will be necessary to
complete the entitlement for residential development of the subject property. The zone
change is a legislative approval while the POD is administratively approved. Therefore,
future POD approval is contingent upon prior approval of the current zone change
request.
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-43 / vacant
North:
Rural-43 / vacant
South:
R-5 RUPD / vacant
East:
Rural-43 & Mining Exemptions / Mining
West:
El Mirage Rd. then R-5 RUPD & Rural-43 / vacant
Section 2, T2N, R1W
Section 1, T2N, R1W
Z2021149
Page 6 of 10
Utilities and Services:
6.
Water:
Liberty Utilities
Wastewater:
Liberty Utilities
School Districts:
Dysart Unified School District #89
Fire:
Rural Metro
Police:
MCSO
Right-of-Way:
7.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
El Mirage Road
33-ft
65-ft
Minor Arterial
Adopted Plans:
8.
Maricopa County White Tank / Grand Avenue Area Plan (adopted December 6, 2000):
The Area Plan designates the subject property for Mixed Use Employment. This category
identifies locations of major planning area employment centers, with emphasis on
cohesive and comprehensive planned environments. Uses permitted in this category
include offices, light industrial, business and research parks, government facilities, post-
secondary educational facilities and major medical facilities. However, residential uses
are not allowed in mixed-use employment centers. Compatibility with adjacent current
and future land uses is an important consideration and developments are subject to plan
review and approval. However, as shown in the Vicinity Zoning and White Tank / Grand
Ave. Section 1 and 2 maps, above, the majority of the purple Mixed Use Employment
area in Section 2, T2N, R1W, and approximately 36.7 acres of Section 1, T2N, R1W have
been rezoned to R-5 RUPD and several plats have been approved subsequent to the
adoption of this sub-area plan to provide for the Marbella Ranch, Luke Landing and
Marbella Ranch East subdivisions. Together, those subdivisions
will comprise
approximately 1,740 single-family attached and detached dwelling units on
approximately 324 acres, resulting in an approximate density of 5.4 dwelling units per
acre. The current proposal is an eastward extension of that residential development,
albeit at a higher density of approximately 19.8 dwelling units per acre. The proposed
intensity of residential use will be compatible with land uses in the Mixed Use Employment
designation and the future design will emphasize a cohesive and comprehensive
planned environment, pursuant to the goals of this Area Plan.
9.
City of Glendale 2040 General Plan (adopted April 16, 2016): The Area Plan designates
the subject property Heavy Industrial (HI). This designation is intended to provide for
capital‐intensive operations that manufacture or fabricate products within enclosed or
partially enclosed structures. Heavy Industrial provides for the development and
accommodation of intense industrial activity involving manufacturing, warehousing,
assembly, storage, and industrial processes. These industrial activities involve significant
amounts of noise, heat, mechanical and chemical processing, large amounts of
materials transfer, and large‐scale machinery and structures. To date, the City of
Z2021149
Page 7 of 10
Glendale has not provided comment as to whether or not the proposal is consistent with
their general plan.
Public Participation Summary:
10.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and interested parties. No agencies, including the City
of Glendale, submitted comments.
Outstanding Concerns from Reviewing Agencies:
11.
To date, Staff has not received comments from reviewing agencies stating concerns with
or opposition to the proposal.
Staff Analysis:
12.
The proposed zone change from Rural-43 to R-5 RUPD, including the requested
modifications to development standards, and the residential development anticipated
for the subject property (to be addressed by a future POD), appears appropriate for the
area, and consistent with surrounding land uses and development patterns. The
requested R-5 RUPD designation and future POD are anticipated to provide for a mix of
housing products, including attached and detached single-family residences, all of
which are intended to be offered for rent/lease, under a single ownership. The
anticipated 19.8 d.u./ac. density appears to fit with the development currently entitled
to the south and southwest of the subject property and is anticipated to support a
pedestrian friendly streetscape and community environment, which is pursuant to the
intent of the applicable County sub-area plan and City of Glendale comprehensive plan
designations. Furthermore, Luke Air Force Base stated in a comment letter dated
December 10, 2021 that the proposed development, including the 19.8 d.u./ac. density,
will have no effect on their flight operations. As shown in the Zoning and Section 1 and 2
maps, above, existing and entitled, future development in the vicinity is characterized
mainly by R1-6 and R-5 RUPD single-family residential subdivisions (Marbella Ranch, Luke
Landing and Marbella Ranch East) and densities of approximately 5.4 d.u./ac. (Z2014011,
Z2015002 and Z2021062). While the anticipated density of 19.8 d.u./ac. is higher than the
surrounding properties, the Applicant argues that there is a strong market for the housing
products anticipated for the subject property. Staff finds that the subject property is
served by a municipal water and sewer provider (Liberty Utilities), immediate access to
El Mirage Road and Northern Ave., and the Loop 202 (located approximately 3 miles east
of the subject property). Furthermore, the subject property is a northern extension of the
previously entitled and partially constructed Marbella Ranch and Marbella Ranch East
subdivisions, located to the southwest and south of the subject property, respectively.
Rural-43 zoned properties lie to the north, east and west of the subject property with
mining exemptions and apparent mining activities taking place to the east of the subject
property. Accordingly, the proposed residential development will be consistent with the
exiting residential entitlements to the west and south and, therefore, the proposed
development is anticipated to have no negative effects on adjacent properties and
activities. The requested R-5 RUPD development standard modifications appear
appropriate and necessary for the anticipated development of the subject property.
Z2021149
Page 8 of 10
Recommendation:
13.
For the reasons outlined in this report, staff recommends the Commission adopt a motion
recommending that the Board of Supervisors Approve Z2021149 subject to conditions ‘a’
– ‘j’.
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Marbella Ranch East”, consisting of 1 full-size sheet, dated
December 24, 2021 and stamped received December 28, 2021, except as
modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative for Rezone of Marbella Ranch East”, consisting
of 6 pages, dated December 24, 2021 and stamped received December 28, 2021,
except as modified by the following conditions.
c.
The R-5 RUPD zoning district shall have a maximum of 400 residential units and shall
be subject to the following R-5 RUPD zoning district standards:
1.
Minimum front yard: 15 ft.
2.
Minimum rear yard: 15 ft.
3.
Minimum lot area: 3,000 sq. ft.
4.
Minimum lot width: 40 ft.
5.
Garage setback to alley line: 3 ft.
d.
The following Planning Engineering conditions shall apply:
1.
Without
the
submittal
of
a
precise
plan
of
development,
no
development approval is implied by this review, including, but not limited
to number of proposed building lots/units, drainage design, access and
roadway alignments. These items will be addressed as development plans
progress and are submitted to the County for further review and/or
entitlement.
2.
A traffic impact study (TIS) must be submitted with future entitlement
(preliminary plat or POD) application(s).
3.
The eastern border of the site is within the Agua Fria River Floodway and
Floodplain. No fill will be allowed within the Floodway. Future entitlement
(preliminary plat or POD) application(s) must address floodplain/floodway
and erosion protection.
4.
Engineering review of re-zone cases is conceptual in nature. All
development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
e.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
Z2021149
Page 9 of 10
f.
The master developer shall notify future homeowners that they are located
within the state-defined “territory in the vicinity of a military airport” with the
following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. Your house 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 an
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.
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 home sales offices, be permanently
posted on the front door of all home 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.
g.
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.
h.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
i.
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
Z2021149
Page 10 of 10
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.
j.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for five (5) years, within which time the subject site shall
obtain an approved plan of development or final subdivision plat, and an issued
infrastructure permit for initial development. If this term is not met the Planning and
Development Department may present the R-5 RUPD zoning for Z2021149 to the
Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission), for consideration of amendments or revocation of
zoning due to undeveloped parcels.
Presented by:
Sean Watkins, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Services Manager
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (6 pages)
MCENG comments (2 pages)
MCESD comments (1 page)
Luke Air Force Base comment (2 pages)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
4
G
ross Acres: 20 approx.
G
enerated January 12, 2022 08:46 AM
Z2021149
Application Nam
e:
Legal Description
M
arbella Ranch East Phase 2
Applicant
Case Address
,
JO
E W
ALSH for W
ALSH DESIG
N G
RO
UP
7807 N EL M
IRAG
E Rd
Applicant Phone/Em
ail
Parcel Prim
ary:501-54-011F
602.619.7581
LANDO
C@
CO
X.NET
G
LENDALE AZ 85307
M
ap scale 1:3,632
Supervisor District No.
REZO
NE FRO
M
RURAL-43 TO
R-5 RUPD W
ITHO
UT PRECISE PLAN O
F DEVELO
PM
ENT FO
R FUTURE
SUBDIVISIO
N IN THE G
LENDALE AREA
5.3585 in
Doug Jones, P.E., CFM
Planning & Development
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
Phone: (602) 372-0790
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Doug.Jones@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
January 10, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Sean Watkins, Planner, Planning & Development Services
From:
Doug Jones, P.E., CFM, Plans Examiner Engineer, Planning &
Development Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Subject:
Z2021149 - Zone Change (to R-5 RUPD) Marbella Ranch East Ph2
(E2 Memo)
Job Site Address: 7807 N EL MIRAGE Rd, GLENDALE, AZ 85307
APN(s):
501-54-011F
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
2nd submittal of the Zone Change application routed for review on December 28, 2021,
and has no objections provided that the following conditions are made part of any
approval:
The following conditions will apply as part of any approval:
1. Without the submittal of a precise plan of development, no development approval
is implied by this review, including, but not limited to number of proposed
building lots/units, drainage design, access and roadway alignments. These items
will be addressed as development plans progress and are submitted to the County
for further review and/or entitlement.
2. A traffic impact study (TIS) must be submitted with future entitlement
(preliminary plat or POD) application(s).
3. The eastern border of the site is within the Agua Fria River Floodway and
Floodplain. No fill will be allowed within the Floodway. Future entitlement
(preliminary plat or POD) application(s) must address floodplain/floodway and
erosion protection.
4. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa
County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
Please contact me if you have any questions or require any additional information.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
November 22, 2021
TO :
Sean Watkins, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: Marbella East Phase 2. Z2021149
The Maricopa County Environmental Services Department (MCESD) has
reviewed revised documents received from the Maricopa County Planning and
Development Department for the above referenced project. This project is a
Marbella East Phase 2 at APN # 501 - 54 -0ll F, 501 -5 4-0ll G, 501 -54 -
01 2H and 501-54-012L. Water and sewer services will be provided by
Liberty Utilities, MCESD has concerns, ATC must be obtained prior to
construction permit approval.
Based on the above, MCESD raised no objections to the Planning &
Development Department in Accela Automation on November 22, 2021.
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.
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
10 December 2021
Mr. Christopher P. Toale
Director, Community Initiatives Team
56th Fighter Wing
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Mr. Sean Watkins
Maricopa County Planning & Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
RE: Z2021062; Marbella Ranch East (APNs: 501-54-011F, 501-54-011G, 501-54-012H,
501-54-012L)
Dear Mr. Watkins
Thank you for the opportunity to comment on the zone change application for Marbella
Ranch East. The site sits on approximately 20.2 acres of vacant land and is located one-quarter
mile south of the intersection of Northern Parkway and El Mirage Road in unincorporated
Maricopa County, AZ. The request is to allow a rezone for development of 400 dwellings units.
The site is located .5 miles outside the Luke AFB 1988 JLUS, 65 Ldn, “high noise or accident
potential zone,” as identified by A.R.S. § 28-8461, and all of the property is within the “territory
in the vicinity of a military airport,” also defined by A.R.S. § 28-8461.
In an effort to promote a more compatible co-existence, Luke AFB follows the guidelines
in the Graduated Density Concept (GDC). The GDC proposes, in the absence of a more
restrictive state, county or municipal general or comprehensive plan, graduating densities away
from the 65 Ldn as follows: a maximum of 2 du/ac from the 65 Ldn to 1/2 mile, a maximum of
4 du/ac from 1/2 to 1 mile, and a maximum of 6 du/ac from 1 to 3 miles. This request with a
maximum density of 19.8 du/ac does not fall within these guidelines; however, after careful
review and consideration of the parcel, which will be located east of the base and therefore will
not be within our routine flight paths, we find this request will not negatively impact the flying
operations at Luke AFB. In addition, the proposed overall density for Marbella Ranch East at
completion will be 8.5 dwellings per acre.
Since the site is located within the “territory in the vicinity of a military airport,” it will
be subjected to noise from approximately 165 flights per day, we recommend you review the
sound attenuation requirements found in A.R.S. §28-8482. We also encourage an aggressive
notification program on the part of the applicant to inform potential residents about Luke AFB
operations.
If you have any questions, please contact my Community Planner, Mr. Mark James at
(623) 856-9981.
Sincerely
CHRISTOPHER P. TOALE
cc:
Colonel Luke B. Casper, Vice Commander, 56th Fighter Wing
Mr. Anthony C. Avitable, GS-13, General Law Attorney, 56th Fighter Wing
TOALE.CHRISTOP
HER.P.1039696165
Digitally signed by
TOALE.CHRISTOPHER.P.10396
96165
Date: 2021.12.10 10:33:55 -07'00'