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DATE:
4/22/26
TO:
Planning & Zoning Commission
From:
Joel Landis, Planner
SUBJECT:
Z260004 – Dakota Creek Modification of Conditions
Agenda Item: 4
After publishing of the staff report, the applicant reached out to staff regarding a few
corrections. Those corrections are as follows:
1. An earlier incorrect version of the applicant's narrative was attached to the staff report
referenced in condition b. The attachment below is the corrected version dated February
12, 2026.
2. Condition ‘c.3’ has been modified to show a minimum setback to Single Family
Residential Zoning of 100' rather than 190.' The 190' measurement reflected the
distance from the homes to the property line of the R-5 RUPD zone and not the distance
between the proposed multifamily structures and existing single-family homes.
3. Condition ‘c.4’ has been corrected to reflect a maximum building height of 40' since the
RUPD did not propose any amendment to the base maximum building height standard.
The conditions henceforth should read as follows:
c. R-5 RUPD Standards shall apply:
1. Minimum Rear Setback: 15’
2. Minimum Garage Setback to alley line: 3’
3. Minimum Setback to Single-Family Residential Zoning: 190’ 100’
4. Maximum Building Height: ???????? 40’
5. Maximum Density: 18.4 d.u./ac. not to exceed 240 units
Attachments:
Narrative Report (6 pages)
Narrative Report
Zone Change Modification of Dakota Creek
Property Owner: Dakota Creek, LLC
Property Size: 13.1 Acres
Location: Approximately 1,300 feet south of the southwest corner of
Glendale Avenue & El Mirage Road
Case # Z260004
Current Zoning: R-5 RUPD
Existing Maximum Density: 8.2 DU/AC
Requested Maximum Density: 18.4 DU/AC (approx. 240 units)
1st Submittal Date: January 20, 2026
2nd Submittal Date: February 12, 2026
Vicinity Map
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Dakota Creek
Purpose of Request
This request seeks a modification to Conditions a, b, which are in relationship to the site
plan and narrative reports, Condition c.3. of Zoning Case Z2020078, which currently limits
the maximum density to 8.2 dwelling units per acre (DU/AC). The proposed modification
would increase the allowable density to 18.4 DU/AC, allowing the development of a modern
multifamily residential community that better responds to current housing demand and
market conditions within District 4. Additionally, as a result of the zone change modification,
the five-year approval period will recommence upon issuance of zoning approval. This is
consistent with Maricopa County Zoning Ordinance, Article 304.6, and A.R.S. § 11-814,
which provide that zoning approval is valid for a period of five (5) years.
Please see the approved stipulations & visual table as listed below.
Stipulations:
a) Development of the site shall be in substantial conformance with the Zoning
Exhibit entitled "Dakota Creek", consisting of 1 full-size sheet, dated January 2,
2021 ____________ and stamped received January 29, 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 Dakota Creek" “Zone Change
Modification of Dakota Creek”, consisting of 7 6 pages, dated January 29, 2021,
____________, and stamped received January 29, 2021 ____________, except
as modified by the following conditions.
c) R-5 RUPD Standards shall apply:
a. Rear Yard: 15 FT
b. Garage Setback to alley line 3 FT
c. Max Density of 8.2 d.u./ac. Max Density of 18.4 d.u./ac.
d) 125th Avenue abandonment will be made a condition of the POD approval.
e) R/W dedication (32 feet to provide an ultimate width of 65 feet) along the
development site's El Mirage Road frontage will be required as part of any future
entitlement application(s).
f) The following Luke Air Force Base condition shall apply:
a. James Shade/ Crown Charter School, Inc. and/or Dakota Fabricating, Inc.
and/or the future property owner shall notify future occupants/tenants that
they are located near a military airport with the following language:
b. "You are locating in a residential dwelling outside the "territory in the vicinity
of a military airport," however aircraft flying in this area are authorized to fly
as low as 1,500 feet above the ground. You will be subject to direct
overflights and noise by Luke Air Force Base jet aircraft in the vicinity.
c. Luke Air Force Base executes an average of approximately 165 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 areas.
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Dakota Creek
d. 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.
e. 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.
f. 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."
g. Such notification shall be permanently posted on not less than a 3 foot by 5
foot sign in front of all leasing offices and be permanently posted on the
front door of all leasing offices on not less than 8½ inch by 11 inch sign.
g) Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for five (5) years.
Description of Proposal
The proposed development will feature a high-quality multifamily residential community
consisting of approximately 240 apartment units arranged within 12 buildings. On the west
side of the Property, those units will be limited to two (2) stories while the other units to the
east will be three units in height. The project is designed to provide a balanced mix of
housing options that respond to current market demand while maintaining compatibility
with the surrounding area.
The building architecture will incorporate materials, colors, and design elements that
provide visual interest and architectural value, meeting or exceeding Maricopa County
design standards. Emphasis will be placed on cohesive elevations, articulated facades,
and enhanced landscaping along street frontages to promote a well-integrated and
attractive community character.
The site will include landscaped open spaces and internal pedestrian pathways, supporting
connectivity and a comfortable living environment for residents.
Relationship to Surrounding Properties
The Property is bounded by El Mirage Road to the east. The northern boundary is adjacent
to a vacant parcel zoned RU-43 and a Heritage Elementary School. The western boundary
is adjacent to Falcon View subdivision open space. The southern boundary is adjacent to
an existing church and Crown Charter School. There are three single family subdivisions
located approximately 141 feet to the west and 660 feet to the south of the Property.
Regarding those single-family subdivisions, there is already a 141-foot-wide open space,
40-foot roadway, and 8-foot setback from the single-families property’s boundary wall to
road. Therefore, this creates an almost 190-foot barrier between the single-family houses
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Dakota Creek
and the actual distance from the property, excluding the setbacks required on the Property.
The Property is also within the City of Glendale's planning area.
Location, Accessibility, and Circulation & Community Facilities
The proposed increase supports the County’s broader goals of housing diversity, efficient
land use, and responsible growth. Multifamily housing plays a critical role in providing
attainable rental options for residents, including young professionals, local workforce
members, and retirees seeking maintenance-free living. By offering a well-designed
community within proximity to employment centers, transportation corridors, and existing
infrastructure, Dakota Creek will contribute positively to the area’s housing balance and
economic vitality.
The Dakota Creek site is ideally situated near several local schools and less than 1.25
miles from Northern Parkway, a regional transportation corridor that connects directly to
State Route 303. This corridor provides convenient access to multiple major employment
centers, making Dakota Creek a well-positioned community for residents who work in
nearby industrial, logistics, and corporate facilities. While at the same time, local families
allow walking their kids to the school they choose using that designated pathway. For
schools it will be located at Litchfield Park Elementary School District #79 and Auga Fria
Union High School District #16. The location offers residents the ability to live closer to
employment opportunities while minimizing commute times which both supports the
County’s transportation efficiency and economic development objectives.
Circulation System
El Mirage Road is a Minor Arterial designated in the Maricopa County Department of
Transportation ("MCDOT") Classification. The road receives around 10,772 vehicles a day.
The vicinity of the site includes the existing signalized intersection of El Mirage
Road/Glendale Avenue. All surrounding roads are currently without gutter, curb and
sidewalk. El Mirage Road on the Property's eastern boundary is a two-lane road under the
jurisdiction of Maricopa County.
Public Utilities and Services
Sanitary Sewer System
The Property will be served by Liberty Utilities. Necessary sewer collection facilities will be
provided by either the developer of Liberty as agreed to under the terms of a main
extension agreement approved by the Arizona Corporation Commission.
Solid Waste
With private streets proposed for the community, a private solid waste contractor will
provide garbage removal for the future residents of the community.
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Dakota Creek
Public Safety Services
The Property is located outside of any incorporated communities. Because of this, fire
protection and emergency medical services will need to be supplied on a contract basis.
The Maricopa County Sheriff’s Department will provide police protection to the Property
and the nearest office/substation is located in Avondale (6.5 miles away) and Surprise (8
miles away). The closest Rural Metro Fire Station is 4.5 miles away. We will meet with the
Sheriff's Office and Rural Metro Office to discuss potential agreements. Additional
discussions will take place with Rural Metro to coordinate fire accessibility with the
proposed auto-court and alley loaded products at the preliminary stages of design.
Drainage
A Preliminary Drainage Report is not required with this application. However, the Property
will design for existing off-site flows that enter the site at the west side of the Property.
Development Schedule
Development Schedule Development will initially occur on the eastern portion of the
Property. Phasing will move west from El Mirage Road. Improvements on the site will be
determined and made at the time of Plan of Development review. Best case of
development would start last quarter of 2026.
Compliance with City/Town General Plan
The Property is within the City of Glendale's planning area. The 2040 General Plan Land
Use Map has the Property designated as GC-General Commercial. The City of Glendale
is not adjacent to the property and therefore annexation to the city is not possible at this
time.
Additional Considerations
Site Design, Compatibility and Parking
The Property will be limited to 3 stories, consistent with surrounding multifamily
developments. All setbacks and screening will be compliant with Standard R-5 RUPD
setbacks. Lastly, there will be approximately 500 parking spaces provided when only 480
are required by code.
Community Context
The Property’s site design mitigates potential impacts through thoughtful placement of
buildings, amenities, and open spaces. Importantly, this style of development aligns with
Supervisor Lesko’s vision for responsible growth in District 4.
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Dakota Creek
Luke Air Force Base Considerations
In accordance with prior stipulations and County requirements concerning proximity to
Luke Air Force Base, the proposed Dakota Creek development will integrate and comply
with the requirements by developing comprehensive sound attenuation strategies and
robust construction methodologies. The developer will clearly communicate the potential
for noise impacts to all residents, ensuring transparency and informed consent regarding
potential aircraft overflights and associated noise impacts. Moreover, the site’s proximity
(approximately four miles) to Luke AFB positions the project to serve a growing demand
for rental housing generated by the base’s mission expansion. Moreover, the increased
density will allow for the development of a for-rent type multi-family project instead of the
existing density that most likely would restrict the development to for sale middle housing
type products. The benefit to Luke AFB is that for-rent projects will likely reduce the amount
of noise complaints to Luke, ensuring a more compatible land use next to one of the West
Valley’s most important employers.
Conclusion
The applicant requests that the proposed stipulation modification shall be approved based
on the reasons that the applicant and provide an increased housing supply while
maintaining community compatibility, the property retains all other stipulations and design
standards from Z2020078, and that it reflects the intent of the Comprehensive Plan for the
area and the principles of responsible growth promoted for District 4.