CPA2019006 AND Z2019053 BOS REPORT.PDF
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November 4, 2020
CPA2019006 & Z2019053
Page 1 of 8
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
November 4, 2020
Case #’s/Title:
CPA2019006 & Z2019053 – Marbella Ranch
Supervisor District:
4
Applicant/Owners:
Tiffany and Bosco, PA / Marbella Ranch Limited Partnership,
Marbella Ranch Community Association, KB Home Phoenix
Inc., Lennar Corporation
Request:
1) Comprehensive Plan Amendment (CPA) Modification of
Condition to increase maximum allowed units (CPA2014002)
– Marbella Ranch in the R-5 RUPD Zoning District. CPA is
approved by resolution.
2) Zone
Change
Modification
of
Conditions
to
RUPD
development standards for setbacks, height, lot area, lot
width and lot coverage (Z2016102) – Marbella Ranch in the R-
5 RUPD Zoning District
Site Location:
Generally located approx. 407’ southwest of the southwest
corner of Northern Ave. and El Mirage Rd. in the Glendale
area
Site Size:
Approx. 104 acres
County Island Status:
Yes, Glendale
Additional
Comments:
The applicant seeks a CPA and Zone Change Modification of
Conditions for the Marbella Ranch residential development.
The subject property is identified as a Medium Density
Residential Land (5.0 - 15.0 d.u/acre) land use in the White
Tank/Grand Avenue Area Plan and a Medium-High Density
Residential (5.0 – 8.0 d.u./acre) land use in the Glendale
Municipal Plan. The condition modifications pertain to
increasing site density. Luke Air Force Base has commented
that the development does not adhere to their Graduated
Density Concept, but that the residential development will
not negatively impact flying operations. No comments were
received from relevant municipalities. Staff received no letters
of support or opposition to the request.
November 4, 2020
CPA2019006 & Z2019053
Page 2 of 8
Commission
Recommendation (CPA2019016): On 10/8/20, the Commission voted 6-0 to recommend
approval of CPA2019006 subject to conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative CPA – Marbella Ranch”, consisting of 10 pages,
dated August 10, 2020, and stamped received August 10, 2020, except as
modified by the following conditions.
b.
If the Board takes action to amend or revert/rescind subsequent zoning, this land
use plan shall be considered for amendment.
c.
The total number of residential units shall not exceed 1,660 dwelling units.
d.
Prior to initial Final Plat approval or initial precise plan of development, the
applicant shall submit to the Maricopa County Planning and Development
Department a “will serve” letter and verification of approval of a Maricopa
Association of Governments (MAG 208) amendment from Liberty Utilities.
e.
The following Luke Air Force Base condition shall apply:
Marbella Ranch shall notify future occupants/tenants that they are located near
a military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined “territory
in the vicinity of a military airport,” which means that 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.
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.
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 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.
f.
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 owner to enjoy uses in excess of those permitted by the land use
existing on the date of the application, subject to conditions. In the event of the
failure to comply with any condition of approval, the property shall change to the
land use designation that existed on the date of the application. It is, therefore,
stipulated and agreed that revocation due to the failure to comply with any
November 4, 2020
CPA2019006 & Z2019053
Page 3 of 8
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
the value of the property from the value it held on the date of application due to
such revocation. The Comprehensive Plan Amendment enhances the value of
the property above its value as of the date the Comprehensive Plan Amendment
is granted and changing to the prior land use designation results in the same value
of the property as if the Comprehensive Plan Amendment had never been
granted.
g.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, 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. Condition noted on the attached memo from MCDOT Traffic Engineering
dated 8/7/20:
i. A traffic signal at the Collector Road & El Mirage Road intersection, and
auxiliary turn lanes with appropriate storage lengths at access roads shall
be provided in the infrastructure plans as part of Parcels 5 and 6.
3. Engineering review of planning and/or zoning cases is for conceptual design
only. 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.
Commission
Recommendation (Z2019053):
On 10/8/20, the Commission voted 6-0 to recommend
approval of Z2019053 subject to conditions ‘a’ – ‘z’:
a.
Development of the site shall comply with the Zoning Exhibit entitled “Legal
Description Marbella Ranch North Stip Mod and CPA Mod Limits”, consisting of 3
pages, dated revised June 2, 2020, and stamped received July 27, 2020, except
as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative Rezone Marbella Ranch North Stipulation
Modification”, consisting of 11 pages, dated September 1, 2020, and stamped
received September 1, 2020, except as modified by the following conditions.
c.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS §11-814. The term of this conditional zoning is approval of a final
plat or plan of development, as applicable, for the initial phase of development
within five years of Board of Supervisors approval of Z2014011, and then an
additional five years to obtain final plat or plan of development approval as
applicable for each successive phase of development.
November 4, 2020
CPA2019006 & Z2019053
Page 4 of 8
While not a term of the conditional zoning, the applicant shall submit a written
report every five years from the date of Board of Supervisors approval of Z2014011
which details the status of the project, including progress on obtaining necessary
entitlements, licenses, and permits; compliance with the conditions of approval;
compliance with the approved narrative report; compliance with the approved
land use plan; and justification as to how the approved zoning still represents
appropriate land use planning for the property and unincorporated Maricopa
County in accordance with the goals and policies in its comprehensive plan and
applicable area plan and land use plans. The status reports to be administratively
reviewed by Planning and Development with the ability administratively to accept
or carry the status report to the Board of Supervisors (Board), upon
recommendation by the Planning and Zoning Commission (Commission) for
consideration of amendments or revocation of zoning for undeveloped parcels.
Status reports will be required until completion of all final plats and/or plans of
development.
d.
The following R-5 RUPD Zoning District standards for Single Family Traditional
products shall apply:
1.
Max. Height: 30’/2 stories for detached single family residential, 40’/3 stories
for attached single family residential townhome
2.
Min. Rear Yard: 5’ for detached single family residential, 5’ for attached
single family residential townhome
3.
Min. Lot Area: 4,000 sq. ft.
4.
Min. Lot Width: 40’ for detached single family residential and 30’ for
attached single family residential townhome
5.
Min. Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family
residential and 3,000 sq. ft. for attached single family residential townhome
6.
Min. Rear yard setback: 5’ for detached single family residential, 5’ for
attached single family residential townhome
7.
Min. Front Yard: 10’
e.
The following R-5 RUPD Zoning District standards for Neo-Traditional products shall
apply:
1.
Min. Front Yard: 5’
2.
Min. Side Yard: 5’ or 2’ for side loaded garage
3.
Min. Street side Yard: 5’
4.
Min. Rear Yard: 5’
5.
Min. Lot area: 2,500 sq. ft.
6.
Min. Lot Width: 40’ for detached single family residential and 30’ for
attached single family residential townhome
7.
Min. Lot Area Per Dwelling Unit: 2,500 sq. ft.
8.
Max. Lot Coverage: 60% for detached single family residential and 60% for
attached single family residential townhome
f.
Multiple Family products to include apartments and condominiums shall meet the
base R-5 zoning district standards, with no further variations to the standards with
these products., except that the following R-5 RUPD Zoning District standard for
Multiple Family products shall apply:
November 4, 2020
CPA2019006 & Z2019053
Page 5 of 8
1.
Min. Rear Yard: 15’
g.
Not less than 34 acres shall be developed as recreational open space to include
playgrounds, tot lots, mini-parks and amenities. At the time of each preliminary
plat submission, the developer shall include a description of the status, cumulative
acreage and proposed amenities as identified with this condition. The 34 acres of
required open space may be shared between both the north and south Marbella
Ranch developments.
h.
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.
i.
The following Planning Engineering conditions shall apply:
1) Without the submittal of a precise plan of development, 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) Condition noted on the attached memo from MCDOT Traffic Engineering dated
10/6/20:
i. A traffic signal at the Collector Road & El Mirage Road intersection, and
auxiliary turn lanes with appropriate storage lengths at access roads shall
be provided in the infrastructure plans as part of Parcels 5 and 6.
3) Engineering review of planning and/or zoning cases is for conceptual design only.
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.
j.
All interior streets within the proposed development are to be constructed to
minimum County standards.
k.
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.
l.
Prior to any Final Plat approval, the applicant shall submit to the Maricopa County
Planning and Development Department a “will serve” letter and verification of
approval of a Maricopa Association of Governments (MAG208) amendment from
Liberty Utilities which demonstrates a willingness and capability to serve Marbella
Ranch.
m.
All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
November 4, 2020
CPA2019006 & Z2019053
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n.
Development of the site shall be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
o.
An archeological survey shall be submitted to and approved by the Arizona State
Historic Preservation Office prior to the issuance of a grading permit. The applicant
must contact the State office prior to initiating disturbance of the site. The
applicant shall provide the Planning and Development Department with written
proof of compliance with this stipulation.
p.
The Final Plat shall have a note that the property is within an area of known land
subsidence and/or earth fissuring. No development including paved roadways or
residential lots within 100’ of the mapped confirmed fissure, drainage and storm
runoff should not be concreted or directed towards the fissure or offsite area.
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.
q.
Prior zoning clearance or Final Plat approval, 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 District, servicing the site.
r.
The following Maricopa County Sherriff’s Office (MCSO) conditions shall apply:
1) Prior to any final plat, the master developer shall enter into a development
agreement with the Maricopa County Sherriff’s Office (MCSO) to provide law
enforcement services to Marbella Ranch and surrounding areas.
2) This development agreement shall include, but not necessarily be limited to, the
master developer’s requirement to pay their proportionate share for start-up costs
(vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops);
and interim fees for law enforcement services associated with the property unless
it is annexed into an incorporated municipality or until full law enforcement service
contract is otherwise implemented. The development agreement may also
include, but not necessarily be limited to the master developer’s requirement to
donate to the County, for use by the MCSO, their proportionate share of separate
office space complete with tenant improvements or land (the size to be
determined in the development agreement), or payment of fees when a permit
is issued.
3) This development agreement shall include the terms listed in this stipulation unless
otherwise mutually agreed to by MCSO and the master developer; furthermore,
the development agreement shall be signed by both the master developer and
the MCSO and provided to the Maricopa County Planning and Development
Department for public record.
s.
The following Drainage Review conditions shall apply:
November 4, 2020
CPA2019006 & Z2019053
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1) 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 Section 1205 of the Maricopa County
Zoning Ordinance and the Maricopa County Drainage Policies and Standards.
2) All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance and current engineering policies,
standards and best practices at the time of application for construction.
t.
Variations to the development standards as indicated in the approved Unit Plan
of Development (UPD) table may be varied by the Board of Adjustment in
accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance
(MCZO).
u.
All habitable buildings constructed within this subdivision shall be constructed to
attain a noise reduction level as per ARS § 28-8482(B).
v.
Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
w.
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).
x.
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 Zone Change as set forth in the Maricopa County
Zoning Ordinance.
y.
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 owner to enjoy uses in excess of those permitted by the land use
existing on the date of the application, subject to conditions. In the event of the
failure to comply with any condition of approval, the property shall change to the
land use designation that existed on the date of the application. It is, therefore,
stipulated and agreed that 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
the value of the property from the value it held on the date of application due to
such revocation. The Comprehensive Plan Amendment enhances the value of
the property above its value as of the date the Comprehensive Plan Amendment
is granted and changing to the prior land use designation results in the same value
of the property as if the Comprehensive Plan Amendment had never been
granted.
z.
The following Luke Air Force Base condition shall apply:
November 4, 2020
CPA2019006 & Z2019053
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Marbella Ranch shall notify future occupants/tenants that they are located near
a military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined “territory
in the vicinity of a military airport,” which means that 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.
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.
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 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.
Presented by:
Adam Cannon, Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachments:
10/8/20 P&Z Packet (57 pages)
10/8/20 P&Z Handouts (12 pages)
CPA2019006 Resolution (2 Pages)
Note:
10/8/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
CPA2019006 & Z2019053
Page 1 of 21
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Cases:
CPA2019006 & Z2019053 – Marbella Ranch
Hearing Date:
October 8, 2020 (Cont. from September 24, 2020)
Supervisor District:
4
Applicant:
Tiffany and Bosco, PA
Owners:
Marbella Ranch Limited Partnership, Marbella Ranch Community
Association, KB Home Phoenix Inc., Lennar Corporation
Requests:
1) Comprehensive Plan Amendment (CPA) Modification of
Condition to increase maximum allowed units (CPA2014002) –
Marbella Ranch in the R-5 RUPD Zoning District
2) Zone Change Modification of Conditions to RUPD development
standards for setbacks, height, lot area, lot width and lot coverage
(Z2016102) – Marbella Ranch in the R-5 RUPD Zoning District
Site Location:
Generally located approx. 407’ southwest of the southwest corner of
Northern Ave. and El Mirage Rd. in the Glendale area
Site Size:
Approx. 104 acres
Density:
6.6 d.u./acre
County Island:
Yes, Glendale
County Plan:
White Tank/Grand Avenue – Medium Density Residential 5.0 – 15.0
d.u. / acre
Municipal Plan:
Glendale General Plan – Medium-High Density Residential (MHDR 8)
5.0 – 8.0 d.u. / acre
Municipal Comments:
None received to date
Support/Opposition:
None received to date
Recommendations:
1) Approve with conditions
2) Approve with conditions
CPA2019006 & Z2019053
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Project Summary:
1.
Multiple owners of the forthcoming Marbella Ranch development are requesting a CPA
Modification of Condition to CPA2014002 to increase the residential unit cap from 1,260
units to 1,660 units. The subject property is located in the White Tank/Grand Avenue Area
Plan, which designated the subject property as Medium Density Residential 5.0 to 15.0
d.u./acre per CPA2014002. The property is near the border of the City of Glendale and
is part of the Glendale Municipal Planning Area. The Glendale General Plan designates
the property as Medium-High Density Residential (MHDR 8) 5.0 to 8.0 d.u./acre.
2.
In addition to the CPA proposal, the applicant is requesting a Zone Change Modification
of Conditions to Z2016102 to further modify development standards for height, setbacks,
lot area, lot width and lot coverage. The proposed community identifies a mix of housing
types including traditional, neo-traditional and multi-family types to develop north the
Dysart Drain.
3.
The legal description provided by the applicant identifies a site that is approximately 104
acres. Currently, this site is vacant; however, it is expected that the site will be platted
once the modified development standards requested are in place.
4.
The narrative provided for CPA2019006 asserts that the proposed development meets
the Comprehensive Plan Amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan
and is not solely for the good or benefit of a particular landowner or owners at a particular
point in time.
The applicant indicates that the proposed amendment will address residential demands
created by the growth in the region and that the property is located within the growing
residential “west valley core”. The narrative states that the intent of the plan is to
accommodate growth in a fashion that “encourages orderly development while
creating a healthy environment and a healthy economy”. The argument put forth by
the applicant is that providing housing for a growing residential market in an employment
core will constitute an overall improvement to the Comprehensive Plan.
Whether the amendment will adversely impact all or a portion of the planning area.
A.
Altering acceptable land use patterns to the detriment to the plan.
The applicant states that the original land use patterns of industrial and
commercial uses on the subject property were put into place to accommodate
proximity to Luke LDN lines and other such uses. The applicant also states that
there has not been any development on the land over the years and that altering
the land use pattern shows that the Comprehensive Plan is an evolving document
that responds to appropriate amendment requests. To note, the land use pattern
will not be changing with this request. Only the maximum units will be increased.
B.
Requiring public expenditures for large and more expensive public improvements
to roads, sewer, or water systems that are needed to support planned land uses.
CPA2019006 & Z2019053
Page 3 of 21
The applicant has committed to paying for all infrastructure requirements in
addition to internal open space, paths and park amenities required by proposed
residential densities.
C.
Requiring public improvements to roads, sewer, or water systems that are needed
to support planned land uses.
The applicant states that the developer will be responsible for the installation of
water, sewer and road systems and receive will serve letters from Liberty Utilities for
water and wastewater.
D.
Adversely impacting planned uses because of increased traffic.
The narrative suggests that the traffic impact analysis submitted shows that the
surrounding network of arterials and nearby freeways is capable of handling the
increase in residential density proposed. The applicant indicates that the addition
of residential land near a potential commercial/industrial uses reduces the need
for long-distance traffic for service and employment. The applicant also states
that they are planning a walkable community with planned trails and parks.
E.
Affecting the livability of the area or the health or safety of present and future
residents.
The applicant states that there are comparably large master communities within
close proximity to Luke Air Force Base noise contours that are successful. The
applicant believes that the nearby mixed-land uses are able to provide a
symbiotic relationship between employment and residential.
F.
Adversely impacting the natural environment or scenic quality of the area in
contradiction of the plan.
According to the applicant the site does not have significant native vegetation or
unique topography. An existing wash with native vegetation will be preserved
and incorporated into the open space system. Therefore, they state that there will
be no adverse impact to the natural environment or scenic quality in
contradiction of the plan.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The narrative states that the condition modification will encourage responsible growth
and development and enhance the quality of life in the region. The applicant asserts
that the plan “seeks to create strong and vibrant communities with Maricopa County by
encouraging orderly development while creating a healthy environment and healthy
community”. The applicant feels that planning for a residential component to the overall
larger planned mixed-use area is consistent with the overall intent of the Comprehensive
Plan.
CPA2019006 & Z2019053
Page 4 of 21
The extent to which the amendment is consistent with the specific goals and policies
contained within the plan.
The narrative also states that the subject site meets the following goals and objectives of
the overall White Tank/Grand Avenue Area Plan. The applicant’s narrative report
provides details about how this project intends to meet these goals and policies.
Land Use Goal L1: Promote efficient land development that is compatible with adjacent
land uses and is well integrated with the transportation system.
Land Use Objective L1.2: Encourage the use of planned communities that provide a
variety of land uses, housing types, employment opportunities, and offer a safe and
pleasant living and working environment.
Land Use Policy L1.2.4: Encourage the use of flexible planning and design techniques.
Land Use Goal L2: Protect the public health, safety, and welfare in areas around Luke Air
Force Base and other noise generating centers.
Land Use Policy L2.1.7: Noise attenuate new residential structures outside of the 65 LDN,
yet within the Territory in the Vicinity of a Military Airport.
Land Use Policy L2.1.8: Notification that property is located within the Territory in the
Vicinity of a Military airport shall be included on all final plats, in home sales offices, and
in all future covenants, conditions and restrictions.
Land Use Policy L2.2.2: Maricopa County shall evaluate all new development within the
White Tank and Grand Avenue planning area to help ensure compatibility with
operations at Luke Air Force Base, auxiliary fields, civilian airports, automotive proving
grounds, and racetracks. Gross densities within new residential development located in
the Territory in the Vicinity of a Military Airport shall be determined based on compatibility
with Luke Air Force Base operations.
Land Use Policy L3.6.4: Review and evaluate new development to determine if it is
located on or adjacent to known land subsidence and earth fissure areas. If so, analyze
the results of the geotechnical report for potential land use conflicts.
5.
The following is a summary of the proposed changes to the conditions of approval for
both CPA2014002 and Z2016102:
The applicant is requesting to vary the standards for height, front/rear setbacks, lot
area, lot width, lot coverage and lot area per dwelling unit for these housing types with
the justification that the requested standards will allow for higher product density, fit of
product features and buyer preferences for a smaller footprint with centralized
amenities. The applicant contends that the higher density allows for a more pedestrian
and community environment.
6.
Existing language of CPA2014002 condition ‘a’.
CPA2019006 & Z2019053
Page 5 of 21
a. Development and use of the site shall comply with the narrative report entitled,
“Marbella Ranch Project Narrative”, including all exhibits dated revised April 3,
2014, and stamped received April 4, 2014, except as modified by the following
conditions.
Proposed modification of condition ‘a’ with new language shown as underlined and
bold with removed language struck through.
a. Development and use of the site shall comply be in substantial conformance with
the Narrative Report entitled “Marbella Ranch Project Narrative Project Narrative
CPA – Marbella Ranch”, including all exhibits consisting of 10 pages, dated revised
April 3, 2014 August 10, 2020, and stamped received April 4, 2014 August 10, 2020,
except as modified by the following conditions.
7.
Existing language of CPA2014002 condition ‘c’.
c. The total number of residential units shall not exceed 1,260 dwelling units.
Proposed modification of CPA2014002 condition ‘c’ with new language shown as
underlined and bold with removed language struck through.
c. The total number of residential units shall not exceed 1,660 dwelling units.
8.
Existing language of Z2016102 condition ‘a’.
a. Development of the site shall comply with the Zoning Exhibit entitled “Marbella
Ranch Site Plan”, consisting of 2 full-size sheets, dated revised April 10, 2014, and
stamped received April 11, 2014, except as modified by the following conditions.
Proposed modification of condition ‘a’ with new language shown as underlined and
bold with removed language struck through.
a. Development of the site shall comply with the Zoning Exhibit entitled “Marbella
Ranch Site Plan Legal Description Marbella Ranch North Stip Mod and CPA Mod
Limits”, consisting of 2 full-size sheets 3 pages, dated revised April 10, 2014 June 2,
2020, and stamped received April 11, 2014 July 27, 2020, except as modified by
the following conditions.
9.
Existing language of Z2016102 condition ‘b’.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Project Narrative Rezone Marbella Ranch Updated Narrative for Z2014011 and
Z2016054”, consisting of 10 pages, dated December 20, 2016, and stamped
received December 20, 2016 except as modified by the following conditions.
Proposed modification of condition ‘b’ with new language shown as underlined and
bold with removed language struck through.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative Rezone Marbella Ranch Updated Narrative for
CPA2019006 & Z2019053
Page 6 of 21
Z2014011 and Z2016054 Project Narrative Rezone Marbella Ranch North Stipulation
Modification”, consisting of 1011 pages, dated December 20, 2016 September 1,
2020, and stamped received December 20, 2016 September 1, 2020, except as
modified by the following conditions.
10.
Existing language of Z2016102 condition ‘d’.
d. The following R-5 RUPD for the Single Family Traditional shall apply:
1.
Height: 30’/2 stories for detached single family residential
2.
Rear Yard: 12’ for attached single family residential townhome
3.
Lot Area: 5,000 sq. ft.
4.
Lot Width: 45’ for detached single family residential and 30’ for attached
single family residential townhome
5.
Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family residential
and 3,000 sq. ft. for attached single family residential townhome
6.
Rear yard setback: 15’ for detached single family residential
Proposed modification of condition ‘d’ with new language shown as underlined and
bold with removed language struck through.
d. The following R-5 RUPD Zoning District standards for the Single Family Traditional
products shall apply:
1.
Max. Height: 30’/2 stories for detached single family residential, 40’/3 stories
for attached single family residential townhome
2.
Min. Rear Yard: 5’ for detached single family residential, 125’ for attached
single family residential townhome
3.
Min. Lot Area: 5,000 4,000 sq. ft.
4.
Min. Lot Width: 45 40’ for detached single family residential and 30’ for
attached single family residential townhome
5.
Min. Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family
residential and 3,000 sq. ft. for attached single family residential townhome
6.
Min. Rear yard setback: 15 5’ for detached single family residential, 5’ for
attached single family residential townhome
7.
Min. Front Yard: 10’
11.
Existing language of Z2016102 condition ‘e’.
e. The following R-5 RUPD standards for the Neo-Traditional shall apply:
1.
Front Yard: 5’
2.
Side Yard: 5’ or 2’ for side loaded garage
3.
Street side Yard: 5’
4.
Rear Yard: 5’
5.
Lot area: 2,500 sq. ft.
6.
Lot Width: 45’ for detached single family residential and 30’ for attached
single family residential townhome
7.
Lot Area Per Dwelling Unit: 2,500 sq. ft.
CPA2019006 & Z2019053
Page 7 of 21
8.
Lot Coverage: 55% for detached single family residential and 60% for
attached single family residential townhome
Proposed modification of condition ‘e’ with new language shown as underlined and
bold with removed language struck through.
e. The following R-5 RUPD Zoning District standards for the Neo-Traditional products
shall apply:
1.
Min. Front Yard: 5’
2.
Min. Side Yard: 5’ or 2’ for side loaded garage
3.
Min. Street side Yard: 5’
4.
Min. Rear Yard: 5’
5.
Min. Lot area: 2,500 sq. ft.
6.
Min. Lot Width: 45 40’ for detached single family residential and 30’ for
attached single family residential townhome
7.
Min. Lot Area Per Dwelling Unit: 2,500 sq. ft.
8.
Max. Lot Coverage: 55 60% for detached single family residential and 60%
for attached single family residential townhome
12.
Existing language of Z2016102 condition ‘f’.
f. The Multiple Family to include apartments and condominiums shall meet the base
R-5 zoning district standards, no variations to the standards with these products.
Proposed modification of condition ‘f’ with new language shown as underlined and bold
with removed language struck through.
f. The Multiple Family products to include apartments and condominiums shall meet
the base R-5 zoning district standards, with no further variations to the standards
with these products., except that the following R-5 RUPD Zoning District standard
for Multiple Family products shall apply:
1. Min. Rear Yard: 15’
13.
Existing language of Z2016102 condition ‘g’.
g. Not less than 34 acres shall be developed as recreational open space to include
playgrounds, tot lots, mini-parks and amenities. At the time of each preliminary
plat submission, the developer shall include a description of the status, cumulative
acreage and proposed amenities as identified with this condition.
Proposed modification of condition ‘g’ with new language shown as underlined and
bold with removed language struck through.
g. Not less than 34 acres shall be developed as recreational open space to include
playgrounds, tot lots, mini-parks and amenities. At the time of each preliminary
plat submission, the developer shall include a description of the status, cumulative
acreage and proposed amenities as identified with this condition. The 34 acres of
CPA2019006 & Z2019053
Page 8 of 21
required open space may be shared between both the north and south Marbella
Ranch developments.
14.
Existing language of Z2016102 condition ‘i’.
i.
The following Maricopa County Department of Transportation (MCDOT)
conditions shall apply:
1.
The owner shall provide a total half-width of right-of-way for the following
roadway:
El Mirage Road
65 feet
All such dedications shall be in fee and free of al liens and encumbrances.
Prior to acceptance of such dedication, the applicant shall provide the
County an owner’s title insurance policy issued to the County, the MCDOT
environmental checklist and any and all other requirements as set forth in
the “MCDOT Right-of-Way Dedications Reference Guide”. Until Maricopa
County has accepted said dedication, all responsibilities, including but not
limited to maintenance and repair for the property to be dedicated shall
be that of the applicant.
2.
Construct ultimate half-width improvements on El Mirage Road. Roadway
must meet County Standards in effect at the time they are constructed.
3.
Construct ultimate half-width improvements and right-of-way on Glendale
Ave. per the City of Glendale requirements.
4.
Roadway 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 current
MCDOT Design Standards.
Proposed modification of condition ‘i’ with new language shown as underlined and bold
with removed language struck through.
i.
The following Maricopa County Department of Transportation (MCDOT)
conditions shall apply:
1. The owner shall provide a total half-width of right-of-way for the following
roadway:
El Mirage Road
65 feet
All such dedications shall be in fee and free of al liens and encumbrances.
Prior to acceptance of such dedication, the applicant shall provide the
County an owner’s title insurance policy issued to the County, the MCDOT
environmental checklist and any and all other requirements as set forth in
the “MCDOT Right-of-Way Dedications Reference Guide”. Until Maricopa
County has accepted said dedication, all responsibilities, including but not
CPA2019006 & Z2019053
Page 9 of 21
limited to maintenance and repair for the property to be dedicated shall
be that of the applicant.
2. Construct ultimate half-width improvements on El Mirage Road. Roadway must
meet County Standards in effect at the time they are constructed.
3. Construct ultimate half-width improvements and right-of-way on Glendale
Ave. per the City of Glendale requirements.
4.
Roadway 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 current
MCDOT Design Standards.
i.
The following Planning Engineering conditions shall apply:
1) Without the submittal of a precise plan of development, 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) Conditions noted on the attached memo from MCDOT Traffic Engineering
dated 8/7/20:
i.
To increase the level of service at the El Mirage Road & Glendale
Avenue intersection from F to D or less, dual left-turn lanes with 250
ft. of storage each for southbound vehicles and 600 ft. of storage for
exclusive right-turn lane for westbound vehicles shall be provided
with additional development plans in excess of the approved
Marbella Ranch Phase 1 plan.
ii.
A traffic signal at the Collector Road & El Mirage Road intersection,
and auxiliary turn lanes with appropriate storage lengths at access
roads shall be provided.
iii.
A revised traffic study for the buildout phase shall be submitted to the
County for review and approval as part of its entitlement application.
3) Engineering review of planning and/or zoning cases is for conceptual
design only. 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.
15.
Existing language of Z2016102 condition ‘y’.
CPA2019006 & Z2019053
Page 10 of 21
y. The property owner/s and their successors waive claim for diminution in value of the
County takes action to rescind approval due to noncompliance with conditions.
Proposed modification of condition ‘y’ with new language shown as underlined and bold
with removed language struck through.
y. The property owner/s and their successors waive claim for diminution in value of the
County takes action to rescind approval due to noncompliance with conditions. 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
owner to enjoy uses in excess of those permitted by the land use existing on the date
of the application, subject to conditions. In the event of the failure to comply with any
condition of approval, the property shall change to the land use designation that
existed on the date of the application. It is, therefore, stipulated and agreed that
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 the value of the property from the value it held
on the date of application due to such revocation. The Zone Change enhances the
value of the property above its value as of the date the Comprehensive Plan
Amendment is granted and changing to the prior land use designation results in the
same value of the property as if the Zone Change had never been granted.
16.
During preparation of the staff report, the applicant revised their proposed standard for
the front yard setback on the single-family traditional product from 15’ to 10’. Thus, the
applicant made this change outside of the public participation process and did not give
an opportunity for public comment on this revision.
17.
Generally, County Staff do not support a zoning district that has varying standards based
upon the type of product placed upon a lot. First, such standards create the potential
for bizarre and ununiformed subdivisions. Additionally, those standards create logistic
difficulties in building/zoning Staff review as there may be several sets of standards that
must be applied and interpreted by County Staff. Moreover, as the zoning is entitled
permanently, a future owner may be able to place, for example, a townhome on a lot
platted for a single-family residence and would be entitled to the other standards
associated with the product not the land.
18.
As this is a legacy case that is already approved with varied standards across product
types, Staff is content with this additional modification of standards. The request for a 10’
front yard setback is common amongst small lot residential developments in recent years.
19.
The subject site is zoned R-5 RUPD. The existing and proposed standards for the R-5 RUPD
district are listed below by housing type:
Single-Family Traditional – Detached SFR* or Attached SFR Townhome
REGULATION
EXISTING (Z2016102) ZONING
DISTRICT REGULATIONS (R-5
RUPD)
PROPOSED ZONING DISTRICT
REGULATIONS (R-5 RUPD)
Height
30’/3 stories for detached SFR
30’/2 stories – Detached SFR
40’/3 stories – Attached SFR
Townhome
CPA2019006 & Z2019053
Page 11 of 21
Front Yard
20'
10’
Rear Yard
12'
5’ – Detached SFR
5’ – Attached SFR Townhome
Lot Area
5,000 sq. ft.
4,000 sq. ft.
Lot Width
45’
40’ – Detached SFR
30’ – Attached SFR Townhome
* SFR – Single Family Residential
Neo-Traditional – Detached SFR or Attached SFR Townhome
REGULATION
EXISTING (Z2016102)
ZONING DISTRICT
REGULATIONS (R-5 RUPD)
PROPOSED ZONING DISTRICT
REGULATIONS (R-5 RUPD)
Lot Area
6,000 sq. ft.
2,500 sq. ft.
Lot Width
60’
40’ – Detached SFR
30’ – Attached SFR Townhome
Lot Coverage
60%
60% - Detached SFR
60% - Attached SFR Townhome
* SFR – Single Family Residential
Multi-Family – Apartments or Condominiums
REGULATION
EXISTING (Z2016102)
ZONING DISTRICT
REGULATIONS (R-5 RUPD)
PROPOSED ZONING DISTRICT
REGULATIONS (R-5 RUPD)
Rear Yard
25'
15’
Exhibit 1 – 2020 Aerial Map
CPA2019006 & Z2019053
Page 12 of 21
Exhibit 2 – R-5 RUPD Zoning District & Surrounding Districts
Exhibit 3 – Legal Description
CPA2019006 & Z2019053
Page 13 of 21
Existing On-Site and Adjacent Zoning / Land Use:
20.
On-site:
R-5 RUPD / Medium Density Residential
North:
City of El Mirage – E1 Employment/Industry Federal Luke AFB Noise
Contours / Industrial
South:
R-5 RUPD / Residential – Marbella Ranch
East:
Rural-43 MAAMF / Vacant
West:
Rural-43, IND-2 & C-3 / Vacant
Utilities and Services:
21.
Water:
Liberty Utilities
Wastewater:
Liberty Utilities
Electric:
APS
Gas:
Southwest Gas Corporation
School District:
Dysart Unified School District #89
Fire:
Rural-Metro Fire & Ambulance
Police:
MCSO
Right-of-Way:
22.
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
Existing Classification
Northern Avenue
340’
340’
Arizona Parkway
El Mirage Road
65’
65’
Principal Arterial
Adopted Plans:
23.
White Tank/Grand Avenue Area Plan (Adopted: 2000): The original land use designation
of this site was Mixed-Use Employment. CPA2014002 changed this land use designation
to Medium Density Residential (5.0 – 15 d.u./ac) which remains in place.
24.
City of Glendale General Plan (Revised: 2016): This plan identifies the subject site as
Medium-High Density Residential (MHDR 8) 5.0 – 8.0 d.u./acre. This designation allows for
a combination of single-family attached and detached dwellings, duplexes and multi-
family dwellings.
Public Participation Summary:
25.
The applicant has 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. The applicant revision to a
proposed standard for the front yard setback on the single-family traditional product
from 15’ to 10’ during the finalization of the staff report. This revision was made outside of
the public participation process. Staff received no support or opposition to the request
for modification of conditions for the comprehensive plan amendment and zoning case.
CPA2019006 & Z2019053
Page 14 of 21
Outstanding Concerns from Reviewing Agencies
26.
N/A
Staff Analysis:
27.
Staff is supportive of the requests for the Modification of Conditions for Marbella Ranch.
In regards to the CPA condition modification request, the request meets the criteria
identified in the Maricopa County Comprehensive Plan Guidelines and the increased
density requested (6.6 d.u./acre) will not exceed the maximum designated in the
Medium Density Residential (15.0 d.u./acre) category. Luke Air Force Base indicated that
the proposed density does not meet the Graduated Density Concept; however,
indicated that the proposed density will not interfere with the flying operations of the
base. They also indicated that the development must adhere to the 1,660 maximum units
at 6.6 d.u./acre density. In regards to the Zone Change condition modification request,
the applicant is requesting several standards to be varied including height, front/rear
setbacks, lot area, lot width, lot coverage and lot area per dwelling unit for the various
housing types. Staff finds all of these requests reasonable in that the requests have the
purpose of allowing more units at a higher density which will increase the housing stock
and will ultimately serve the purpose of providing affordable housing in the area. With
this said, Staff would not recommend future modifications of standards to provide for
even greater density without very strong justification as further modifications would
decrease the livability of the area. Staff believes that the applicant has acted in good
faith to notify nearby owners of the proposed change and to provide ample opportunity
to make comments with the exception of the late revision to the front yard setback
proposal. Staff notified the City of Glendale about both requests and received no
comments. Staff received no public opposition and reviewing agencies have no
objection to the requests.
Recommendations (Two Motions – CPA2019006 & Z2019053):
28.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval of CPA2019006, subject to conditions ‘a’ – ‘g’.
a.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative CPA – Marbella Ranch”, consisting of 10 pages,
dated August 10, 2020, and stamped received August 10, 2020, except as
modified by the following conditions.
b.
If the Board takes action to amend or revert/rescind subsequent zoning, this land
use plan shall be considered for amendment.
c.
The total number of residential units shall not exceed 1,660 dwelling units.
d.
Prior to initial Final Plat approval or initial precise plan of development, the
applicant shall submit to the Maricopa County Planning and Development
Department a “will serve” letter and verification of approval of a Maricopa
Association of Governments (MAG 208) amendment from Liberty Utilities.
e.
The following Luke Air Force Base condition shall apply:
CPA2019006 & Z2019053
Page 15 of 21
Marbella Ranch shall notify future occupants/tenants that they are located near
a military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined “territory
in the vicinity of a military airport,” which means that 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.
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.
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 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.
f.
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 owner to enjoy uses in excess of those permitted by the land use
existing on the date of the application, subject to conditions. In the event of the
failure to comply with any condition of approval, the property shall change to the
land use designation that existed on the date of the application. It is, therefore,
stipulated and agreed that 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
the value of the property from the value it held on the date of application due to
such revocation. The Comprehensive Plan Amendment enhances the value of
the property above its value as of the date the Comprehensive Plan Amendment
is granted and changing to the prior land use designation results in the same value
of the property as if the Comprehensive Plan Amendment had never been
granted.
g.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, 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. Conditions noted on the attached memo from MCDOT Traffic Engineering
dated 8/7/20:
CPA2019006 & Z2019053
Page 16 of 21
i. To increase the level of service at the El Mirage Road & Glendale Avenue
intersection from F to D or less, dual left-turn lanes with 250 ft. of storage
each for southbound vehicles and 600 ft. of storage for exclusive right-turn
lane for westbound vehicles shall be provided with additional development
plans in excess of the approved Marbella Ranch Phase 1 plan.
ii. A traffic signal at the Collector Road & El Mirage Road intersection, and
auxiliary turn lanes with appropriate storage lengths at access roads shall
be provided.
iii. A revised traffic study for the buildout phase shall be submitted to the
County for review and approval as part of its entitlement application.
3. Engineering review of planning and/or zoning cases is for conceptual design
only. 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.
29.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval of Z2019053, subject to conditions ‘a’ – ‘z’.
a.
Development of the site shall comply with the Zoning Exhibit entitled “Legal
Description Marbella Ranch North Stip Mod and CPA Mod Limits”, consisting of 3
pages, dated revised June 2, 2020, and stamped received July 27, 2020, except
as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative Rezone Marbella Ranch North Stipulation
Modification”, consisting of 11 pages, dated September 1, 2020, and stamped
received September 1, 2020, except as modified by the following conditions.
c.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS §11-814. The term of this conditional zoning is approval of a final
plat or plan of development, as applicable, for the initial phase of development
within five years of Board of Supervisors approval of Z2014011, and then an
additional five years to obtain final plat or plan of development approval as
applicable for each successive phase of development.
While not a term of the conditional zoning, the applicant shall submit a written
report every five years from the date of Board of Supervisors approval of Z2014011
which details the status of the project, including progress on obtaining necessary
entitlements, licenses, and permits; compliance with the conditions of approval;
compliance with the approved narrative report; compliance with the approved
land use plan; and justification as to how the approved zoning still represents
appropriate land use planning for the property and unincorporated Maricopa
County in accordance with the goals and policies in its comprehensive plan and
applicable area plan and land use plans. The status reports to be administratively
CPA2019006 & Z2019053
Page 17 of 21
reviewed by Planning and Development with the ability administratively to accept
or carry the status report to the Board of Supervisors (Board), upon
recommendation by the Planning and Zoning Commission (Commission) for
consideration of amendments or revocation of zoning for undeveloped parcels.
Status reports will be required until completion of all final plats and/or plans of
development.
d.
The following R-5 RUPD Zoning District standards for Single Family Traditional
products shall apply:
1.
Max. Height: 30’/2 stories for detached single family residential, 40’/3 stories
for attached single family residential townhome
2.
Min. Rear Yard: 5’ for detached single family residential, 5’ for attached
single family residential townhome
3.
Min. Lot Area: 4,000 sq. ft.
4.
Min. Lot Width: 40’ for detached single family residential and 30’ for
attached single family residential townhome
5.
Min. Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family
residential and 3,000 sq. ft. for attached single family residential townhome
6.
Min. Rear yard setback: 5’ for detached single family residential, 5’ for
attached single family residential townhome
7.
Min. Front Yard: 10’
e.
The following R-5 RUPD Zoning District standards for Neo-Traditional products shall
apply:
1.
Min. Front Yard: 5’
2.
Min. Side Yard: 5’ or 2’ for side loaded garage
3.
Min. Street side Yard: 5’
4.
Min. Rear Yard: 5’
5.
Min. Lot area: 2,500 sq. ft.
6.
Min. Lot Width: 40’ for detached single family residential and 30’ for
attached single family residential townhome
7.
Min. Lot Area Per Dwelling Unit: 2,500 sq. ft.
8.
Max. Lot Coverage: 60% for detached single family residential and 60% for
attached single family residential townhome
f.
Multiple Family products to include apartments and condominiums shall meet the
base R-5 zoning district standards, with no further variations to the standards with
these products., except that the following R-5 RUPD Zoning District standard for
Multiple Family products shall apply:
1.
Min. Rear Yard: 15’
g.
Not less than 34 acres shall be developed as recreational open space to include
playgrounds, tot lots, mini-parks and amenities. At the time of each preliminary
plat submission, the developer shall include a description of the status, cumulative
acreage and proposed amenities as identified with this condition. The 34 acres of
required open space may be shared between both the north and south Marbella
Ranch developments.
CPA2019006 & Z2019053
Page 18 of 21
h.
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.
i.
The following Planning Engineering conditions shall apply:
1) Without the submittal of a precise plan of development, 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) Conditions noted on the attached memo from MCDOT Traffic Engineering dated
8/7/20:
i. To increase the level of service at the El Mirage Road & Glendale Avenue
intersection from F to D or less, dual left-turn lanes with 250 ft. of storage
each for southbound vehicles and 600 ft. of storage for exclusive right-turn
lane for westbound vehicles shall be provided with additional development
plans in excess of the approved Marbella Ranch Phase 1 plan.
ii. A traffic signal at the Collector Road & El Mirage Road intersection, and
auxiliary turn lanes with appropriate storage lengths at access roads shall
be provided.
iii. A revised traffic study for the buildout phase shall be submitted to the
County for review and approval as part of its entitlement application.
3) Engineering review of planning and/or zoning cases is for conceptual design only.
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.
j.
All interior streets within the proposed development are to be constructed to
minimum County standards.
k.
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.
l.
Prior to any Final Plat approval, the applicant shall submit to the Maricopa County
Planning and Development Department a “will serve” letter and verification of
approval of a Maricopa Association of Governments (MAG208) amendment from
Liberty Utilities which demonstrates a willingness and capability to serve Marbella
Ranch.
CPA2019006 & Z2019053
Page 19 of 21
m.
All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
n.
Development of the site shall be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
o.
An archeological survey shall be submitted to and approved by the Arizona State
Historic Preservation Office prior to the issuance of a grading permit. The applicant
must contact the State office prior to initiating disturbance of the site. The
applicant shall provide the Planning and Development Department with written
proof of compliance with this stipulation.
p.
The Final Plat shall have a note that the property is within an area of known land
subsidence and/or earth fissuring. No development including paved roadways or
residential lots within 100’ of the mapped confirmed fissure, drainage and storm
runoff should not be concreted or directed towards the fissure or offsite area.
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.
q.
Prior zoning clearance or Final Plat approval, 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 District, servicing the site.
r.
The following Maricopa County Sherriff’s Office (MCSO) conditions shall apply:
1) Prior to any final plat, the master developer shall enter into a development
agreement with the Maricopa County Sherriff’s Office (MCSO) to provide law
enforcement services to Marbella Ranch and surrounding areas.
2) This development agreement shall include, but not necessarily be limited to, the
master developer’s requirement to pay their proportionate share for start-up costs
(vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops);
and interim fees for law enforcement services associated with the property unless
it is annexed into an incorporated municipality or until full law enforcement service
contract is otherwise implemented. The development agreement may also
include, but not necessarily be limited to the master developer’s requirement to
donate to the County, for use by the MCSO, their proportionate share of separate
office space complete with tenant improvements or land (the size to be
determined in the development agreement), or payment of fees when a permit
is issued.
3) This development agreement shall include the terms listed in this stipulation unless
otherwise mutually agreed to by MCSO and the master developer; furthermore,
the development agreement shall be signed by both the master developer and
the MCSO and provided to the Maricopa County Planning and Development
Department for public record.
CPA2019006 & Z2019053
Page 20 of 21
s.
The following Drainage Review conditions shall apply:
1) 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 Section 1205 of the Maricopa County
Zoning Ordinance and the Maricopa County Drainage Policies and Standards.
2) All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance and current engineering policies,
standards and best practices at the time of application for construction.
t. Variations to the development standards as indicated in the approved Unit Plan of
Development (UPD) table may be varied by the Board of Adjustment in accordance
with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO).
u. All habitable buildings constructed within this subdivision shall be constructed to attain
a noise reduction level as per ARS § 28-8482(B).
v. Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
w. 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).
x. 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
Zone Change as set forth in the Maricopa County Zoning Ordinance.
y. 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 owner to enjoy uses in excess of those permitted by the land use existing
on the date of the application, subject to conditions. In the event of the failure to
comply with any condition of approval, the property shall change to the land use
designation that existed on the date of the application. It is, therefore, stipulated and
agreed that 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 the value of the property from
the value it held on the date of application due to such revocation. The
Comprehensive Plan Amendment enhances the value of the property above its
value as of the date the Comprehensive Plan Amendment is granted and changing
to the prior land use designation results in the same value of the property as if the
Comprehensive Plan Amendment had never been granted.
z. The following Luke Air Force Base condition shall apply:
CPA2019006 & Z2019053
Page 21 of 21
Marbella Ranch shall notify future occupants/tenants that they are located near a
military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined “territory in
the vicinity of a military airport,” which means that 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.
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.
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 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.
Presented by:
Adam Cannon, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (2 pages)
Legal Description (3 pages)
CPA2019006 Narrative Report (10 pages)
Z2019053 Narrative Report (11 pages)
Engineering comments (3 pages)
MCESD comments (1 page)
LAFB comments (6 pages)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 104 approx.
Generated August 24, 2020 16:37 PM
CPA2019006
Application Name:
Legal Description
Marbella Ranch
Applicant
Case Address
, T2N R01W 02
Ashley N Marsh for Tiffany & Bosco, PA
Applicant Phone/Email
Parcel Primary:
..
azm@tblaw.com
Map scale 1:6,984
Supervisor District No.
501-53-013A, 501-53-014B, 501-53-015B+
MODIFICATION OF CONDITIONS (A) AND (C) OF CPA2014002
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 104 approx.
Generated August 24, 2020 16:37 PM
Z2019053
Application Name:
Legal Description
Marbella Ranch
Applicant
Case Address
T02N R01W 2, T2N R01W 02
Ashley N Marsh for Tiffany & Bosco, PA
7550 N EL MIRAGE Rd
Applicant Phone/Email
Parcel Primary: 501-53-016E
..
azm@tblaw.com
GLENDALE AZ 85307
Map scale 1:6,984
Supervisor District No.
501-53-013A, 501-53-014B, 501-53-015B+
MODIFICATION OF CONDITIONS WITH ONGOING RESIDENTAL DEVELOPMENT
EPS Group, Inc. • 1130 N. Alma School Road, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
\\Eps-m16-fs01\shared\Projects\2016\16-364\Legal Survey\Legals\16-364 Marbella North Stip
Mod and CPA Mod.docx
Legal Description
MARBELLA RANCH NORTH
STIP MOD AND CPA MOD LIMITS
Job No. 16-364
June 2, 2020
A portion of the North half of Section 2, Township 2 North, Range 1 West of the
Gila and Salt River Meridian, described as follows:
COMMENCING at a brass cap flush at the North quarter-corner of said Section 2,
from which a brass cap in hand hole at the Northeast corner of said Section 2
bears South 89 degrees 07 minutes 48 seconds East, 2638.55 feet;
thence along the north line of the Northeast quarter of said Section 2 South 89
degrees 07 minutes 48 seconds East, 1170.32 feet to a point on said north line;
thence, departing said north line South 0 degrees 52 minutes 12 seconds West,
419.98 feet to the POINT OF BEGINNING, said point lying on the south line of
Northern Parkway as recorded in Document No. 2017-0678094, Maricopa County
Records;
thence along said south line South 89 degrees 07 minutes 48 seconds East,
1346.40 feet;
thence, continuing along said south line South 46 degrees 22 minutes 44 seconds
East, 54.05 feet, said point lying on the west line of El Mirage Road as recorded
in Document No. 2017-0678094, Maricopa County Records;
thence along said west line South 1 degrees 22 minutes 42 seconds East, 851.99
feet to a point on the north line of Marbella Ranch Parcel 5 & Parcel 6 as recorded
in Book 1499 of Maps, Page 13, Maricopa County Records;
thence, continuing along said west line and north line of said Marbella Ranch
Parcel 5 & Parcel 6 South 89 degrees 16 minutes 55 seconds East, 29.97 feet to
the northeast corner of said Marbella Ranch Parcel 5 & Parcel 6, said point lying
on the west line of El Mirage Road;
thence along said west line South 1 degrees 22 minutes 44 seconds East, 307.88
feet;
EPS Group, Inc. • 1130 N. Alma School Road, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
\\Eps-m16-fs01\shared\Projects\2016\16-364\Legal Survey\Legals\16-364 Marbella North Stip
Mod and CPA Mod.docx
thence, continuing along said west line North 88 degrees 37 minutes 16 seconds
East, 5.04 feet;
thence, continuing along said west line South 1 degrees 22 minutes 42 seconds
East, 1000.54 feet, said point lying 65.00 feet west of the east line and 20.00
feet north of the south line of North half of said Section 2;
thence, North 89 degrees 05 minutes 18 seconds West, being 20.00 feet north of
and parallel said south line of the North half of said Section 2, 2822.67 feet to the
beginning of a non-tangent curve, concave northwest, from which the radius
point bears North 50 degrees 18 minutes 06 seconds West a distance of 6632.98
feet;
thence northeasterly 1179.79 feet along the arc of said curve to the left through
a central angle of 10 degrees 11 minutes 28 seconds;
thence North 29 degrees 30 minutes 27 seconds East, 1382.35 feet to the POINT
OF BEGINNING.
Contains 103.9597 acres, more or less.
NORTHERN PKWY.
MARBELLA RANCH NORTH
STIP MOD & CPA MOD
TOTAL LAND AREA:
4,528,487 Square Feet
103.9597±
Acres, more or less
EL MIRAGE RD.
D
NORTH
300
scale
600
feet
0
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
16-364
MARBELLA RANCH NORTH
STIP MOD AND CPA MOD LIMITS
EXHIBIT
PROJECT NARRATIVE CPA – MARBELLA RANCH
CPA2019006
Stipulation Modification/Updated Narrative – Additional Units
Southwest Corner of W. Northern Avenue and El Mirage Rd.
Maricopa County
Modification of Condition Submittal – August 10, 2020
Modification of Condition Submittal – July 27, 2020
Modification of Condition Submittal – March 30, 2020
Modification of Condition Submittal – June 3, 2019
2
Project Narrative
Marbella Ranch
Executive Summary
The purpose of this request is to modify one condition of the current Comprehensive Plan Land Use
Designation. This site was previously designated by White Tank Grand Avenue Area Plan as “Mixed Use
Employment” and amended to “Medium Density Residential (5-15 d.u./ac.).” The subject site (the
“Property”) of approximately 104 acres is currently limited to 1,260 units through condition “c” of
CPA2014002. The instant modification request is to amend this condition and limit the maximum
number of units to 1,660 units to allow property north of the Dysart Drain to be developed. The
Medium Density Residential Land Use allows a range of units starting from 1,252 to 3,757 units. The
1,660 unit cap is at the very low end of the land use designation with a density of 6.6 d.u./ac.
Access to the site will be from ten new access driveways on Glendale Avenue, El Mirage Road and
Northern Avenue. The Loop 101 is approximately 3 miles to the east and the Loop 303 approximately 3
miles to the west. Grand Avenue is also approximately 3 miles to the north. The Glendale Municipal
Airport is approximately 2 miles to the east.
The Property is bounded by Northern Avenue to the north, El Mirage Road to the east, Glendale Avenue
to the south, and planned single-family residential to the west. The Property is located within a class 1
county island and is within the future Municipal Planning Area of Glendale. The City of Glendale is the
east, the City of El Mirage is to the north and the City of Avondale is further to the south.
The Glendale General Plan for the Property is a mix of MHDR 8 - Medium-High Density Residential 5.0 -
8.0 du/ac, Business Park and Heavy Industrial. The majority of land uses within the City of Glendale, east
of the Property, are agricultural and industrial. The City of Glendale was informed when the land
designation was amended to Medium Density Residential through CPA2014002 and had no objections.
The additional units will not change the land designation.
The El Mirage General Plan Land Use Map shows the parcels north of the Property as
Employment/Industry. The parcels are currently used for agriculture and industrial uses and are zoned
Planned Area Development Overlay (PAD and Employment/Industry (EI). These zoning districts are the
majority of zoning within the City of El Mirage all the way up to Peoria Avenue. The proposed land use
change is suitable with the surrounding uses and will support the potential office and retail. This is
especially true with the introduction of a multi-family product.
The City of Glendale and the City of El Mirage show future land uses in this area with a broad stroke of
commercial, industrial and business park uses. The Property’s proposed residential land uses will
provide support to future commercial and industrial development.
The Property is approximately 2 miles east of the Luke Air Force Base. The U.S. Department of Defense
created the Air Installation Compatible Use Zone (AICUZ) Program to assist communities adjacent to
military airports in planning for compatible land use. Elements of this program were also integrated in
3
the preparation of the Regional Compatibility Plan that depicts certain land uses within the Accident
Potential Zones (APZ) and the Ldn Noise Contour Zones. The Property is outside of the APZ and adjacent
to the 65 Ldn noise contour zone. Luke Air Force Base also aides by a Graduated Density Concept that
promotes a reduction in residential concentrations within 10 miles of the base. The concept proposes a
maximum of 2 du per acre from the 65 Ldn to ½ mile, a maximum of 4 du/ac from ½ mile to 1 mile, a
maximum of 6 du/ac from 1 to 3 miles and graduated densities beyond 3 miles that include open spaces,
light industrial/commercial and rural uses throughout the area within the vicinity of the airport. The
proposed density exceeds the graduated density concept. Luke Air Force Base was notified of the
proposed change in land use at the time of CPA2014002, and was supportive of the land change
designation. The owner will explore options to adhere to any sound attenuation requirements with the
residential development in proximity to the Ldn. A letter of support from Luke was included with the
CPA2014002 submittal.
Property Location
Marbella Ranch (the “Property”) is located at the southwest corner of Northern Avenue and El Mirage
Road. The Property originally consisted of eight parcels totaling approximately 263.88 acres. Select
subdivision plats have subsequently been processed for residential development within the Property
boundary. The Luke Air Force Base Air Installation Compatible Use Zone (“AICUZ”) runs along the
northwestern portion of the Property. The existing land use is predominantly vacant desert land.
The Dysart Drain bisects the Property at the one half mile point. The drain was built in 1996 for direct
flood hazard mitigation to Luke Air Force Base. No modifications or improvements will be made to the
facility.
The Property is within the White Tank Grand Avenue Area Plan and is bounded by the Military
Compatible land use category to the north and to the west, Medium Density Residential to the west, the
Mixed-Use Employment land use category to the east, and the Rural 0-1 d.u./ac land use category to the
south.
Relationship to Surrounding Properties
The Property is bounded by Northern Avenue to the north, El Mirage Road to the east, Glendale Avenue
to the south and an irregular boundary to the west approximately around the 127th Avenue alignment.
The western boundary is adjacent to a large vacant parcel that was recently platted for residential
subdivision, and a salt production facility. The northern boundary is adjacent to parcels consisting of
agriculture, storage, and warehousing that are within the jurisdiction of the City of El Mirage. The
majority of the eastern boundary is adjacent to vacant land with the exception of a sand and gravel
facility. The southern boundary is adjacent to parcels with various outdoor storage and manufacturing
buildings. A small mobile home community is just to the southwest, across Glendale Avenue. All parcels
to the east, west and south are within the County jurisdiction
There are only a handful of existing single-family homes in the area of the Property. The closest existing
home is over ¼ mile from the Property’s southern boundary. There are no existing single-family homes
4
adjacent to Northern Avenue along the northern boundary. The closest house to the north is over 2
miles away. The properties west of the salt mining site are housing for Luke Air Force Base and are over
½ mile away. There are no developed single-family homes directly adjacent to the Property’s western
boundary, El Mirage Road. The closest single family home to the west is approximately 1 ½ miles;
however, a residential subdivision was recently platted (Luke Land).
Location and Accessibility
The Property is located in the western portion of Maricopa County (“County”) and is easily accessed via
Glendale Avenue, El Mirage and Northern Avenue. The Loop 101 is approximately 3 miles to the east
and the Loop 303 approximately 3 miles to the west. The Property also has access to the I-10 via Dysart
Road, approximately 5 miles away to the south. The access to the adjacent arterials and nearby
freeways allows for connections to various municipalities and services in Avondale, Glendale, Surprise
and Phoenix.
Circulation System
All three adjacent streets are Principal Arterials designated in the Maricopa County Department of
Transportation (“MCDOT”) Classification. Glendale Avenue consists of a 4-lane paved road within a
proposed 130-foot right-of-way along the south property line. El Mirage Road on the Property’s eastern
boundary is a half paved two-lane roadway within a proposed 130-foot right-of-way. Northern Avenue
is also half improved with a two-lane roadway and is within the future extension of the Northern
Parkway and expanded right-of-way. Northern Avenue in this area is planned to become an access
controlled, six-lane parkway. Adjacent to this site there will be one-way eastbound and westbound
frontage roads along the parkway. It is therefore anticipated that proposed access points to the
northern portion of the Property will be restricted to right in, right out only onto the eastbound
Northern Parkway Frontage Road. We intend to work with MCDOT on the necessary right-of-way for
Northern Parkway construction.
The proposed increase in density and number of units on the Property do not necessitate any changes
to the roadway classifications. An updated Traffic Impact Analysis is submitted with the narrative under
separate cover and traffic impact reports will be submitted with final plats with development.
Request
An amendment to the current County White Tank Grand Avenue Plan was approved in 2014 to change
the land use designation from Mixed-Use Employment, which allows a mix of retail, office and
residential, to Medium Density Residential (5-15 du/ac).
Zoning case Z2014011 zoned the parcels from Rural-43 to R-5 RUPD. This request is to amend the
applicable land designation stipulation to allow for 1,660 total units, which will only impact the 104
acres north of the Dysart Drain as property south of the drain is already in development.
Comprehensive Plan Amendment Criteria
5
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is not
solely for the good or benefit of a particular landowner or owners at a particular point in time.
This amendment represents an overall improvement to the Comprehensive Plan by providing a land use
that is compatible with adjacent land uses and addresses the residential demands created by the growth
in the region. The overall intent of the Comprehensive Plan is to accommodate growth in a fashion that
“encourages orderly development while creating a healthy environment and a healthy economy”. This
amendment promotes the intent of the Comprehensive Plan by encouraging the orderly development of
the Property in harmony with the development and growth trends in this region. Planning the Property
at this time creates a more cohesive overall plan for the area, benefiting all surrounding properties. As a
result, the amendment constitutes an overall improvement to the Comprehensive Plan that meets the
needs of the area and its current and future residents. The Property is within the growing residential
west valley core. Being located between three (3) major freeways, access to and from the site to major
nearby and more central employment cores strengthens the Property’s land use conversion. The
Property has been planned as non-residential within the County’s Comprehensive Plan and Glendale’s
General Plan. The Property has remained vacant in an area that is over served with industrial and
employment zoned properties. The proposal does not seek to redesignate the Property within the 65
decibel noise level (“DNL”) boundary to ensure the request is compatible with the operations at Luke
and appropriately places residential density in areas outside the 65 DNL boundary and provides for a
transitional uses to surrounding properties.
Whether the amendment will adversely impact all or a portion of the planning area by:
•
Altering acceptable land use patterns to the detriment of the plan.
A medium density residential development is compatible with the surrounding area land use
patterns and will not adversely impact surrounding land uses or the Comprehensive Plan. The
property is surrounded by large lot residential and some industrial and manufacturing office. The
Military Compatible land use designation is to the north and west of the Property. Because the
intended use of this property is compatible and less intense than the surrounding land use patterns,
this amendment will not alter acceptable land use patterns to the detriment of the plan. The area,
including the Property, was largely designated with non-residential uses because of the proximity to
the Luke DNL lines and the curvature of those lines as they head to the northwest of the Property.
Planning for non-residential uses in this area had merits based on the Luke DNL lines and
surrounding land uses. However, over the years, since the comprehensive plans and general plans
were adopted, the Property has continued to be vacant. By altering the land use pattern, the
redesignation demonstrates that the County’s comprehensive plan is an evolving document that
responds to appropriate requests for amendment. This large area and its proposed redesignation
provides for the appropriate mixture of residential and non-residential uses in this mixed-use area
designation.
6
•
Requiring public expenditures for larger and more expensive infrastructure.
The proposed amendment and use will have minimal impact on public expenditures for public
improvements. Compared to the surrounding developments, it is expected that the traffic
generated by the proposed use will be minimal and less than the current land use designation. Any
internal open space, paths and park amenities for the proposed residential densities will be
developed by the developer at no expense to the County. All infrastructure requirements will be the
responsibility of the developer.
•
Requiring public improvements to roads, sewer, or water systems that are needed to support
the planned land uses.
It is not anticipated there will be any larger and more expensive public improvements to be made by
Maricopa County because of this request. Per the submitted water, wastewater, drainage and
traffic studies, the proposed land use redesignation does not have any impacts on the County’s or
other local jurisdictions capital expenditures. The developer will be responsible for installation of
infrastructure for water, sewer lines and construction of internal roadway network.
Will Serve letters will be submitted to the County for water and wastewater from Liberty Utilities.
School, Fire and Police
The Property is within the Dysart School Elementary and High School District. The district was
notified through the standard County requirement.
We have met with Rural Metro and the Sheriff’s office and are in continuous discussion regarding
level of service. The closest Fire station is currently approximately 4.6 miles from the Property,
though Rural Metro is currently examining opportunities to develop a station at Camelback and
Dysart, which would be closer. The closest Sheriff’s office is approximately 6.5 miles from the
Property.
•
Adversely impacting planned uses because of increased traffic.
Due to the compatibility with adjacent land uses and the proximity to the Loop 101 and I-10, traffic
generated by the Property will not adversely impact planned land uses. The traffic impact analysis
submitted with this request demonstrates that the surrounding network of arterials and nearby
freeways is capable of handling the increase in density proposed for the Property. In addition, the
surrounding uses are not impacted by the land use redesignation as major streets and appropriate
land use buffers are present adjacent to this request. The addition of residential land uses typically
reduces the need for residential traffic to travel long distances for services and employment options.
The planned trails and parks within the residential development will allow for future residents to
interact socially within their neighborhoods and open spaces.
7
•
Affecting the livability of the area or the health or safety of present and future residents.
The proposed amendment is consistent with the residential development nearest the Property and
the other developments within its vicinity. Therefore, the amendment and use will not have any
negative impact on the livability of the area or the health and safety of present and future residents.
The proposed residential land uses are outside the Luke DNL lines. Several significantly large and
successful master planned communities are located in the west valley just outside Luke’s noise
contour lines. The residential land use will provide a livable environment with the knowledge and
understanding that future residents are located near a heavily used air force base. With proper
notice within the stipulations and Luke’s acceptance of this land use request, the two land uses can
and continue to co-exist in the west valley. The proposed residential development will provide
housing opportunities to the employees and users of Luke. The proximity provides for housing
options for not only the users of the base, but for other employers in the immediate area.
•
Adversely impacting the natural environment or scenic quality of the area in contradiction to
the plan.
The Property is relatively flat and does not consist of significant native vegetation nor is there any
significant topography. A large wash bisects the Property from Northern Avenue in a north/south
direction. This wash is proposed to be within the proposals open space system allowing residents to
enjoy the mature vegetation and natural environment. The preservation of the Property’s only
significant scenic and natural feature will enable residents and visitors alike to enjoy the open space
and path connections proposed for the future development. Therefore, there are no adverse
environmental impacts associated with this amendment.
Whether the amendment (or condition modification) is consistent with the overall intent of the
Comprehensive Plan.
The overriding vision for the Comprehensive Plan is “to accommodate growth in a fashion that will
preserve our sense of community and protect and enhance our quality of life.” To this end, the plan
“seeks to create strong and vibrant communities with Maricopa County be encouraging orderly
development while creating a healthy environment and a healthy economy.” This application presents
an opportunity for the County to establish a use that will be compatible with the surrounding area by
planning for a residential component to the overall larger planned mixed-use area. By developing on a
site that is located next to existing and planned development, this project minimizes the impact of
development on the region’s periphery natural desert areas. This proposal will also enhance the quality
of life in the region and will encourage responsible growth and development. The Property’s location
between freeways and proximity to several west valley communities and employment centers allows
this amendment to demonstrate the constant need to allow appropriate amendments to the
Comprehensive Plan. The Property’s proximity to Luke will also provide for future housing options to
the growing base operations. This type of cohesive land use mix will ensure this area of the west valley
continues to thrive consistent with the intent and goals of the County’s Comprehensive Plan.
8
The extent to which the amendment (or condition modification) is consistent with the specific goals
and policies contained within the plan.
The proposed amendment is consistent with the following specific goals and policies contained within
the Comprehensive Plan:
Land Use Goal #1: Promote efficient land development that is compatible with adjacent land uses, is
well integrated with the transportation system, and is sensitive to the natural environment.
The proposed amendment provides for appropriate residential land use designation near and adjacent
to non-residential land use designations within the Luke DNL lines. These non-residential land use
designations will continue to provide options for commercial and employment uses along the Northern
Parkway with convenient access to the regional freeway network. The potential for open space and trail
connections between the non-residential and residential land uses will provide for alternative methods
of transportation between the two uses via, bicycle or pedestrian connections. The internal open space
and parks within the residential land use designations will ensure appropriate social and lifestyle
amenities are available for future residents. The proposed land uses do not negatively impact any of the
surrounding existing and planned land uses. The Property’s location is connected via arterials and the
future Northern Parkway to the Loop 101, 303 and I-10 providing an appropriate integration with the
transportation system. Finally, by developing on a site located near existing and planned development
as well as preserving the Property’s only natural amenity, this project minimizes the impact of
development on the natural environment on the County’s periphery.
The extent to which the amendment (or condition modification) is consistent with the specific goals
and policies contained within the White Tank Grand Avenue Area Plan.
The proposed amendment is consistent with the following specific goals and policies contained within
the White Tank Grand Avenue Area Plan:
Objective L1.2 – Encourage the use of planned communities that provide a variety of land uses,
housing types, employment opportunities, and offer a safe and pleasant living and working
environment.
The proposed land use will provide a variety of housing types in an area predominately planned and
developed for commercial, industrial and office. These types of housing will support the planned uses as
well as employment opportunities. This will allow residents to live in areas close to work and services
reducing transportation costs.
Policy L1.2.4 – Encourage the use of flexible planning and design techniques.
The existing rezoning case (Z2014011) allows flexible design and planning techniques through the RUPD
overlay. The density will be consistent with this requested amendment, but will allow various types of
housing products with flexibility in locations based on market and planning.
9
Goal L2 – Protect the public health, safety, and welfare in areas around Luke Air Force Base and other
noise generating centers.
The Property will be developed in a manner focusing on the protection and safety of the future
residents. The parcels included in this amendment are outside of the 65 Ldn lines and will include
notification to all future owners. The proposed amendment is consistent with the residential
development nearest the Property and the other developments within its vicinity. Therefore, the
amendment and use will not have any negative impact on the livability of the area or the health and
safety of present and future residents.
Policy L2.1.7 – Noise attenuate new residential structures outside of the 65 LDN, yet within the
Territory in the Vicinity of a Military Airport.
The developer will explore all options to meet sound attenuation for residential construction near the
LDN including materials, orientation and landscaping.
Policy L2.1.8 – Notification that property is located within the Territory in the Vicinity of a Military
airport shall be included on all final plats, in home sales offices, and in all future covenants, conditions,
and restrictions.
Notification will be given to all parcels located on the Property on all final plats, in home sales office and
in all future covenants, conditions and restrictions.
Policy L.2.2.2 – Maricopa County shall evaluate all new development within the White Tank and Grand
Avenue planning area to help ensure compatibility with operations at Luke Air Force Base, auxiliary
fields, civilian airports, automotive proving grounds, and racetracks. Gross densities within new
residential development located in the Territory in the Vicinity of a Military Airport shall be
determined based on compatibility with Luke Air Force Base operations.
Luke Air Force Base has provided a letter of approval for the proposed development and density for
these parcels based on compatibility with the base’s operations. The proposed amendment is
consistent with the other residential developments within the vicinity of the Air Force Base.
Policy L 3.6.4 – Review and evaluate new development to determine if it is located on or adjacent to
known land subsidence and earth fissure areas. If so, analyze the results of the geotechnical report for
potential land use conflicts.
The Property does contain earth fissure areas. The site will be designed in order to mitigate any
potential conflicts. We will submit a geotechnical report to the County and agree to the
recommendations set forth.
10
Conclusion
The Comprehensive Plan is guide for the Planning and Zoning Commission and Board of Supervisors to
utilize in making decisions regarding land use changes. The area is designated as a mixed-use
employment area. At some point employers are going to develop along the new Northern Parkway and
surrounding arterials. These non-residential uses will require employees which in turn will require
accessible housing alternatives in the area. A true mixed-use land use designation requires residential
uses. The proposed redesignation to residential is in the correct location outside the DNL noise contour
lines for Luke. The requested amendment from Mixed-Use Employment to Medium Density Residential
represents an overall improvement to the Comprehensive Plan. The amendment allows for compatible
development with the surrounding area while supporting the adjacent Mixed-Use Employment Land Use
categories. The amendment is also consistent with the goals, and supports the vision and intent of the
Comprehensive Plan by promoting orderly and responsible development. The requested density cap at
1,660 dwelling units is at the very low end of the Medium Density Residential land use designation
(greater than 5 and less than or equal to 15 dwelling units/acre).
The request received initial approval from Luke to ensure such a request would not create operational
issues for the air force base. Based on Luke’s acceptance and of the re-designation, the proposed
increase in density will add to the mixture of uses in the area and insert a viable residential community
with excellent circulation attributes. The development of the property with a Medium Density
Residential community is consistent with other successful and vibrant residential communities along the
perimeter of Luke’s DNL lines. The re-designation of the area is supported by Luke Air Force Base, and
the requested density is at the low end of the Medium Density Residential land use designation
allowance. The County’s Mixed-Use land category allows for high density residential uses. Our request
is a logical and compatible residential density request to meet the needs of the overall mixed-use area.
We respectfully request that the minor amendment to the Comprehensive Plan be allowed to a Medium
Density Residential designation.
PROJECT NARRATIVE REZONE MARBELLA RANCH NORTH STIPULATION MODIFICATION
Narrative for Z2019053
Southwest Corner of Northern Avenue and El Mirage Road
Maricopa County
Modification of Condition Submittal – September 1, 2020
Modification of Condition Submittal – August 31, 2020
Modification of Condition Submittal – August 28, 2020
Modification of Condition Submittal – August 6, 2020
Modification of Condition Submittal – July 25, 2020
Modification of Condition Submittal – March 30, 2020
Modification of Condition Submittal – June 3, 2019
1
Project Narrative
Marbella Ranch North
Purpose of Request
The Marbella Ranch community is approximately 251.92 acres of property located at the southwest corner of
Northern Avenue and El Mirage Road including Maricopa County (“County”). The purpose of Z2019053 is not to
change the zoning designation, but to slightly modify the RUPD tables as set forth below to accommodate housing
products that meet today’s needs and buyer preferences. The proposed modifications in this request will only
apply to the approximately 104 acres of property north of the Dysart Drain, “Marbella Ranch North.”
The Property was originally zoned Rural-43, and was rezoned via in Z2014011 to R-5 Residential Unit Plan of
Development (“RUPD”), which has been modified over the years to accommodate ongoing development. The
Luke Air Force Base Air Installation Compatible Use Zone (“AICUZ”) runs along the northwest portion of the
Property. The requested rezoning is for a Multiple-Family Residential (R-5) Residential Unit Plan of Development
(“RUPD”) zoning district on the Property outside of the AICUZ lines for single family detached and attached
residential subdivisions with a variety of lot widths, as well as multi-family residential. Portions of parcels 501-53-
869, 501-53-870 and 501-53-015E are within the AICUZ lines, but are not part of this rezoning request. These
parcels are zoned Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District.
A General Comprehensive Plan Amendment (“CPA”) (CPA2014002) amended portions of the White Tank Grand
Avenue Area Plan from Mixed-Use Employment to the Medium Density Residential (5 – 15 d.u./ac) land use
category throughout the Property. A concurrent stipulation modification (CPA2019006) has been filed
simultaneously to slightly amend the project density on the low-end of the land designation from 5.0 to 6.6
dwelling units to the acre.
Description of Proposal
Background/History
The Property is a part of a larger set of parcels that was under the ownership of the El Paso Natural Gas Company
(“El Paso Gas”). The Property is currently vacant, but was intended to be used in part by El Paso Gas for natural
gas storage. This use is allowed under the previous RU-43 zoning, but is not a land use that is compatible with the
operations of Luke Air Force Base (“Luke”). The Property falls within close proximity of the decibel noise level
lines (“DNL”) on the County’s land use plan and zoning maps. These DNL lines are located in this area as the planes
taking off and landing at Luke fly near the Property. The proposal by El Paso Gas to utilize large areas of the
Property to store natural gas underground creates a potential conflict with flight operations at Luke. Although
airplane crashes are infrequent, potential storage of a highly combustible land use within this flight path is not
prudent. The applicant purchased all of the Property owned by El Paso Gas in order to remove the potential for
the gas storage use. By purchasing all of the parcels owned by El Paso Gas, the applicant sought to remove a
potential underground gas storage use on the parcels within the DNL lines on the northwest parcels. In doing so,
the applicant has redeveloped the Property outside of the 65 DNL lines to a medium density residential use. A
letter from Luke Air Force Base, dated February 5, 2014, was enclosed with the initial application (Z2014011).
2
Proposed Rezoning
The request to slightly modify the R-5 RUPD zoning districts to meet the preferences of today’s homebuyers and
homebuilder’s housing products. The property as currently zoned offers an opportunity for future residents to
live in either detached, attached single-family or condominium style homes, and the slight modifications to the
RUPD table better reflect today’s market. Three separate development options are listed and updated in this
narrative.
RUPD Justification
The request for the R-5 RUPD zoning district will allow flexibility with the use of the R-5 district for a traditional
single-family attached and detached product, various types of neo-traditional single-family homes (includes auto
court, cluster, alley loaded) and multi-family development. It is important to note that the rezoning development
options are designed to also allow for the development of standard single-family detached homes in the R-5
category that include a variety of lot sizes. The development options also allow for various types of housing
products that could support cluster and alley access garages and smaller front setbacks to promote the
streetscape a more pedestrian/community environment.
The requested R-5 zoning district will allow for an appropriate density in an area where the adjacent land uses are
not necessarily compatible with single family detached, large lot residential development. By providing the
amended development standards with the RUPD, the proposed residential development can provide a mixture of
housing options not currently served in this area.
Proposed Amended Development Standards
The requested zoning district is split into three separate categories; Traditional Single-Family, Neo-traditional
Single-Family and Multi-Family. They are as follows:
3
Single-family
R-5 RUPD Zoning District Standards – Single Family Traditional
(Detached SFR or Attached Townhome)
Regulation
Base Zoning District
Regulations (R-5)
Proposed Zoning District
Regulations (R-5 RUPD)
Height
40’ / 3 stories
30’ / 2 stories – Detached SFR
40’ / 3 stories – Attached SFR
Townhome
Front yard
20’
10’
Side yard
5’
5’
Street-side yard
10’
10’
Rear yard
25’
5’ – Detached SFR
5’ – Attached SFR Townhome
Lot area
6,000 sq. ft.
4,000 sq. ft.
Lot width
60’
40’ – Detached SFR
30’ – Attached SFR Townhome
Lot area per dwelling unit
1,000
5,000 – Detached SFR
3,000 – Attached SFR
Townhome
Lot coverage
60%
60%
Parking spaces
2
2
The proposed modification to the R-5 RUPD creates the ability to plat the R-5 zoning district into single-family lots.
The R-5 parcels will be marketed for either an attached single-family residential townhome product or a detached
single family subdivision with individual lots. The above amended development standards allow for a minimum
4,000 square foot lot for detached single-family, similar to R1-6 development standards, which also allows typical
single-family detached products. The minimum width lot for detached single-family is modified to 40’. Potential
home builders may prefer a lower lot width for certain situations to adjust to smaller home product or to adapt
the lots to potential curvilinear roads. The attached single-family townhome product would be allowed on a 3,000
square foot lot with a lot width of 30’ to provide a denser/urban product. The building height for a detached
single family residential is 30’ and 40’ for an attached townhome type product. This flexibility ensures similar
development standards to R1-6 zoning and ensures that if this development option is used that the density and
maximum number of dwelling units will be lower than expected for traditional R-5 development.
Additionally, the front yard setback has been modified from 20’ to 10’ to allow homebuilders flexibility to provide
larger backyards if desired by placing the home and livable forward closer to the streetscape and also to fit popular
product features such as side loaded garages and/or attached suites with separate entrances and living quarters.
With this standard, garages and driveways will be created to provide for ample off-street parking pursuant to
County requirements but with flexibility to modify the livable forward and/or create side loaded garages without
encroaching a front yard setback. The flexibility with the front yard and rear yard setbacks will allow a
4
homebuilder some flexibility to offer larger backyards by bringing the livable forward into the front yard, and vice
versa. The following lot illustration is an example of how a product may be positioned with a reduced front-yard
setback to accommodate livable forward square footage.
The rear yard setback has been modified from 25’ to 5’ for both detached single-family residential and attached
single-family residential townhome to allow for the denser products situated on the smaller 3,000 square foot lot.
The modified rear yard development standard reflects buyer preferences’ for a smaller individual footprint with
centralized amenities and features that are maintained by community homeowners’ associations instead of the
individual lot owner.
Neo Traditional Single-family
The following requested residential amended development standards are to allow for flexibility within R-5 RUPD
to establish the following types of housing products: Detached or attached single-family residential with an auto
court, cluster or alley loaded design. The requested amended development standards deal with minor changes
to lot widths, area and setbacks in order to incorporate these types of products. This allows the development to
create a range of housing opportunities and choices. The shorter setbacks allow units to be placed closer to the
street to better define the public realm and promote a more comfortable streetscape and environment.
•
Cluster development preserves open space by locating housing at higher density on portions of the site.
•
Auto court products (example shown below) allow units to share driveways and common areas.
5
•
Alley loaded design takes the garage away from the front and allows the focus from the street to be on
the house, as well as promotes activation of pedestrian paths and open space along the frontage.
The amendments are minor in nature and they include the following:
•
Smaller lot sizes that permit the development of single-family detached homes in the R-5 RUPD
classification that include auto court, cluster, and alley loaded products. These types of products allow
for a more urban and attractive frontage along streets or courtyards that promotes entry from the
sidewalk and hides vehicular access.
•
Setbacks that give ability to develop single-family homes, attached and detached, conducive to a more
walkable, traditional neighborhood within the R-5 RUPD classification. This also gives flexibility to the
orientation of the site and how the front, rear and side will be determined. The front setback has been
modified to 5’ because of this.
•
Smaller side and rear set backs to allow side and rear garage access within the R-5 RUPD classification.
This allows automobile access through the side and rear while promoting porches and entryways along
pedestrian access points along streets or courtyards. These standards are consistent with auto court
products.
Neo Traditional Product Type Example:
6
R-5 RUPD Zoning District Standards – Neo-Traditional
(Detached SFR or Attached Townhome)
Regulation
Base Zoning District
Regulation (R-5)
Proposed Zoning District Regulation (R-5
RUPD)
Height
40’ / 3 stories
40’ / 3 stories
Front yard
20’
5’
Side yard
5’
5’ or 2’ for side-turn garage
Street-side yard
10’
5’
Rear yard
25’
5’
Lot area
6,000 sq. ft.
2,500 sq. ft.
Lot width
60’
40’ – Detached SFR
30’ – Attached SFR
Lot area per dwelling unit
1,000
2,500
Lot coverage
60%
60% - Detached SFR
60% - Attached SFR Townhome
Parking spaces
2
2
Multi-family
The following requested amended standards will enable homebuilders to plat and design homes with current R-5
design standards for condominiums or apartments. The RUPD table has been amended slightly to accommodate
a 15’ rear yard setback (from 20’) to ensure product fit and flexibility.
R-5 RUPD Zoning District Standards – Multi-family
(Apartments or Condominiums)
Regulation
Base Zoning District Regulation
(R-5)
Proposed Zoning District
Regulations (R-5 RUPD)
Height
40’ / 3 stories
40’ / 3 stories
Front yard
20’
20’
Side yard
5’
5’
Street-side yard
10’
10’
Rear yard
25’
15’
Lot area
6,000 sq. ft.
6,000 sq. ft.
Lot width
60’
60’
Lot area per dwelling unit
1,000
1,000
Lot coverage
60%
60%
Parking spaces
2
2
Relationship to Surrounding Properties
7
The Property subject to this stipulation modification is bounded by Northern Avenue to the north, El Mirage Road
to the east, the Dysart Drain to the south and an irregular boundary to the west approximately around the 130th
Avenue alignment. The western boundary is adjacent to a large vacant parcel and a salt production facility. The
northern boundary is adjacent to parcels consisting of agriculture, storage, and warehousing. The majority of the
eastern boundary is adjacent to vacant land with the exception of a sand and gravel facility. The southern
boundary is adjacent to parcels with various outdoor storage and manufacturing buildings. A small mobile home
community is just to the southwest, across Glendale Avenue.
The southern portion of Marbella Ranch (south of the Dysart Drain) is currently in development with budding
residential development surrounding the area. There are no existing single family homes adjacent to Northern
Avenue along the northern boundary. The closest single-family house to the north is over 2 miles. The properties
west of the salt mining site are housing for Luke Air Force Base and are over ½ mile away. There are no developed
single family homes directly adjacent to the Property’s western boundary, El Mirage Road. The closest single
family home to the west is approximately 1 ½ miles.
Luke is approximately 1.8 miles southwest of the Property. According to the Luke, the proposed 6.6 units to the
acre will not meet the standards set forth in the Graduated Density Concept (“GDC”). The GDC encourages
development that gradually increases residential density outside of legislated "high noise" and "accident potential
zone" areas. The closer the parcels are to Luke, the GDC recommends a lessor density for residential development.
The further the parcels are from Luke, the GDC allows for greater residential density. The proposal is outside the
65 LDN line and the proposed residential densities do not conflict with the operations of Luke. Luke responded
to our density request of 6.6 dwelling units to the acre with a written approval. This determination also includes
the fact that the GDC will not be adhered to on this property. The developer will explore all options to meet sound
attenuation for residential construction near the LDN including materials and orientation.
The Property is also within the City of Glendale’s planning area. The 2025 General Plan Land Use Map has the
Property designated as Corporate Commerce Center and Business Park. The substance of the applications have
not changed, only modifications to the RUPD tables to adjust to current housing products as they are developed
and demanded.
Location and Accessibility
The Property is located in the western portion of Maricopa County and is easily accessed via Glendale Avenue, El
Mirage and Northern Avenue. The Loop 101 is approximately 3 miles to the east and the Loop 303 approximately
3 miles to the west. The Property also has access to the I-10 via Dysart Road, approximately 5 miles to the south.
The easy access to the freeways allows connections to various municipalities and services in Avondale, Buckeye,
Glendale, Surprise and Phoenix.
Circulation System
All three adjacent streets are Principal Arterials designated in the Maricopa County Department of Transportation
(“MCDOT”) Classification. The vicinity of the site includes the existing signalized intersections of El
Mirage/Northern Avenue, El Mirage/Glendale Avenue and Dysart Road/Glendale Avenue as well as the existing
unsignalized “T” intersections of 125th Avenue/Glendale Avenue and 127th Avenue/Glendale Avenue. It is
8
anticipated that 127th Avenue/Glendale Avenue will eventually be signalized with ongoing development. Glendale
Avenue consists of a 4-lane paved road within a proposed 130-foot right-of-way along the south property line. In
the vicinity of this site, Glendale Avenue is under the jurisdiction of the City of Glendale.
El Mirage Road is currently undivided and provides one (1) lane in each direction with a posted speed limit of 45
mph adjacent to the proposed site. Northern Parkway is planned to be constructed in the near future to provide
two lanes in each direction with a two-lane, one-way frontage road for local access. There will also be an overpass
constructed at El Mirage Road and Dysart Road. The proposed development will provide one (1) right-in, right-out
only access to the future Northern Parkway frontage road and two (2) full access intersections on El Mirage Road.
Future signalization is expected at El Mirage and Collector Rd. when warranted.
Northern Avenue is also half improved with a two-lane roadway and is within the future extension of the Northern
Parkway and expanded right-of-way, which is planned to become an access controlled, six lane parkway. Adjacent
to this site there will be one way eastbound and west bound frontage roads along the new parkway. It is
therefore anticipated that the one proposed access point to the northern portion of the Property will be restricted
to right in, right out only onto the eastbound Northern Parkway Frontage Road. We intend to work with MCDOT
on the necessary right-of-way for Northern Parkway construction.
Access to the project site is anticipated via two points of entry along El Mirage and two points of entry along
Northern Parkway Frontage Road in conjunction with already platted single-family residential. Updated traffic
reports have been submitted with final plats with ongoing development of the site and subject area.
All internal roadways will be public. The owner will be responsible for any improvements required by the County
Department of Transportation (“MCDOT”) along the perimeter boundaries. The proposed increase in density and
number of units on the Property do not necessitate any changes to the roadway classifications. We look forward
to working with the MCDOT staff in determining the required dedications and exact access points to the proposed
residential development. Refer to the Traffic Impact Report under separate cover to this narrative.
Development Schedule
Development is underway on adjacent property south of the Dysart Drain. Phasing will move north from Glendale
Road to Northern Avenue. Sub-phases of each development parcel will occur through the County’s plating
process. Improvements will also be determined and made at that time. At this time, Parcels 5 and 6 have both
been platted, with additional phasing remaining north of these two recent plats.
Community Facilities and Services
Community Facilities
There are approximately 34 acres (13.6%) of open space and trails proposed for the entirety of the original
Marbella Ranch project. Amenities have been provided within the first phases of the Property that will enhance
the lifestyle opportunities for the residents. These amenities have included and will continue to include play
grounds, tot lots, parks, ramadas, and amenities that cater toward various demographics and families. Trails are
proposed along the main collectors throughout the development. The trail system links the community to
9
surrounding roadways, parks and open space within the community. There are no improvements being
considered across the Dysart Drain.
Additional open space is proposed along a number of the internal minor collectors creating a desert scenic corridor
through much of the Property. These corridors provide residents with a sense of nature upon arrival. The
combination of mini parks, trails and internal open space areas within the parcels will provide a unique
development with multiple open space features. The various types of housing will be encouraged to be designed
to provide maximum integration of the home sites into the open space. Specific locations of open space will be
determined during the County platting process. There are currently no regional or public owned parks planned
for the area.
The property is within the Dysart School Elementary and High School District.
Landscaping and monument/wall signage will be explored by the developers. A consistent theme should be used
throughout the Property and will meet the County Zoning Ordinance Sign Regulations. The landscaping will
adhere to the Arizona Department of Water Resources drought tolerant plants.
Public Utilities and Services
Domestic Water System
The Property will be served by Liberty Utilities, which has extended its service area to include the Property and is
already serving existing development to the south and will be providing utilities for Plats 5 and 6.
Sanitary Sewer System
The Property will be served by Liberty Utilities, which has extended its service area to include the Property and is
already serving existing development to the south and will be providing utilities for Plats 5 and 6.
Solid Waste
With private streets proposed for the entire community, a private solid waste contractor will provide garbage
removal for the future residents of the community.
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 (6.54 miles
away) and Surprise (7.73 miles away). The closest Rural Metro Fire Station is 5.3 miles away
Drainage
A Preliminary Drainage Report is not required with this application.
10
Public Outreach and Response to Citizen Input
We will conduct a thorough public outreach effort for the requested rezoning and CPA. The process is specifically
addressed in within the separate Citizen Participation Plan document.
Conclusion
The requested rezoning includes a proposed R-5 RUPD to provide potential multi-family, attached residential and
single-family detached products and open space areas for the future residents of the community. The proposed
rezoning creates the appropriate mix of development standards to develop a successful community that can cater
to various demographics. The RUPD overlay provides for additional flexibility as this project develops over time.
The increase in density and maximum number of units do not impact any of the public or private services needed
for the community. Luke and the surrounding communities are in approval of the land use designation change.
The change and future residential development will allow the applicants to purchase the Property and remove a
potential hazard from the overall operations of Luke. The proposed rezoning request will provide the necessary
flexibility to adapt to current and future single family attached and detached residential markets. The rezoning
provides for increased lot sizes in the R-5 zoning districts, similar to R1-6 zoning, with the flexibility not affecting
the density or maximum number of dwelling units proposed for the Property. The overall goal is to reach a
sustainable density threshold that allows for the development of a first class residential community.
Robert Fedorka, P.E.
Planning & Development
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
Phone: (602) 506-7151
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Bob.Fedorka@Maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
August 10, 2020
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Adam Cannon, Planner, Planning & Development Services
From:
Robert
Fedorka,
P.E.,
Engineering
Supervisor,
Planning
&
Development Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2019053 Modification of Stipulations – Marbella Ranch
CPA2019006 – Modification of Stipulations – Marbella Ranch
(E3 Memo)
Job Site Address: SWC Northern Avenue and El Mirage Road
APN(s):
501-53-013A (+)
This application is to specify revised zoning criteria for future development and does
not include a Plan of Development.
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the 3rd
submittal of the Modification of Stipulations and CPA applications routed for review
on 07/27/2020.
DPR and FCD have no objections subject to the following condition:
1. Without the submittal of a precise plan of development, 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.
PND Transportation/MCDOT has no objections subject to the following conditions:
2. Conditions noted on the attached memo from MCDOT Traffic Engineering dated
8/7/20.
3. Dedication of right-of-way along the following roadway alignments will be
required as part of the subdivision plat or Plan of Development as the case may be:
El Mirage Road:
65 feet (ultimate half-width).
Note that the above width is considered the minimum width. Additional dedication
may be required pending improvements that may be required by the MCDOT
approved Traffic Impact Study.
4. Engineering review of planning and/or zoning cases is for conceptual design only.
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.
I:\TSM-Design Branch\Rajanikanth Thoutam\Traffic Impact Studies Review Comments\Marbella Ranch\Marbella Ranch
North\Marbella Ranch North_S2018037 copy.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 OF 5
Project Name: Marbella Ranch North
Location: SWC of El Mirage Rd & Northern Ave
P&D/MCDOT File No.: S2018037/B201904065/Z2019053
Date: 08-07-2020
Reviewer: Raj Thoutam
Phone No.: 602-506-8940
Consultant: EPS Group, Inc.
Project No.:
Report Sealed By: Eric R. Maceyko Phone No: 480.503.2250 Fax:
CONSULTANT CODE:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1
2
3
= = =
Figure 24
&
Figure 25
5th REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the Consultant
Reply Column. This sheet is for our record, please answer every question and sign
and date your acknowledgement or the plans will be sent back to complete the
process. Send back the marked-up plans and a new set of plans along with this
comment sheet. Thank you for your cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Summary:
The proposed mixed-use residential / commercial development site is located on the
southwest corner of El Mirage Rd & Northern Ave. Per TIS, the site will be developed
in multiple phases. Phase I will consist of 290 single-family dwelling units, and
buildout phase will consist of 222 additional single family dwellings, 500 multi-family
dwellings and 65,514 sq.ft of commercial uses.
The development will have three driveways of which one will connect to future
frontage road of Northern Parkway and the other two will connect to El Mirage Rd. The
site and the adjacent EL Mirage Rd are under the county’s Jurisdiction.
A revised traffic study including additional planned trip count from 150 single and 250
multi-family dwelling units was submitted for review for re-zoning the development.
Review Comments:
The traffic study is approved with the following stipulations:
To increase level of service at El Mirage Rd & Glendale Ave intersection from F to D
or less, dual left-turns lanes with 250 ft. of storage each for southbound vehicles and
600 ft. of storage for exclusive right-turn lane for westbound vehicles shall be
provided.
Traffic signal at Collector Rd & El Mirage Rd intersection, and auxiliary turn lanes with
appropriate storage lengths at site driveways shall be provided.
A revised traffic study for the buildout phase shall be submitted to county for review
and approval.
Signature: _____________________________________ Date: ___________
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:
June 7, 2019
TO :
Farhad Tavassoli, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Marbella Ranch, CPA2014002 Modification of Conditions (a) & (c).
CPA2019006
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. Applicant request is for modification
of conditions a and c, at APN # 501-53-006A…... Water services – LU. MCESD has
no concern. Sewer services – LU. MCESD has no concern. Prior to final plat
approval ATC for water and sewer must be obtained.
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 objections to the Planning & Development
Department in Accela on June 7, 2019 and will allow the project to 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.
From:
CHRISTIANSON, REGGIE A GS-13 USAF AETC 56 FW/CVE
To:
Adam Cannon (PND)
Cc:
56 FW/CIT Community Initiative; JAMES, MARK C GS-12 USAF AETC 56 FW/CVE
Subject:
RE: 3rd Submittal - Zone Change: Modification of Conditions - Marbella Ranch (Z2019053)
Date:
Thursday, July 30, 2020 12:01:16 PM
Attachments:
image001.png
image004.png
image005.png
Marbella Ranch (CPA2019006).pdf
Adam,
Thank you for the opportunity to provide comments on the zone change modification of conditions
application for Marbella Ranch. The site is located on approximately 105 acres but is part of a larger
252 acre master planned community located on the southeast corner of Northern Ave and El Mirage
Rd in Glendale, AZ. The application is for rezoning a multiple-family residential (R-5) Residential Unit
Plan of Development (RUPD) zoning district on the property outside the 65 LDN lines for single
family detached and attached residential subdivisions with a variety of lot widths, as well as multi-
family residential. The site is from directly outside to .50 miles outside the Luke AFB 1988 JLUS 65
Ldn, “high noise or accident potential zone” as identified by A.R.S. § 28-8461 and is within the
“territory in the vicinity of a military airport” also defined by A.R.S. § 28-8461.
This project was previously commented on via “Marbella Ranch (CPA2019006)” (attached). As
described, this project will not negatively impact the flying operations at Luke AFB as long as the
developer stays within the 6.6 du/ac that was agreed upon in CPA2019006. Since the site will be
located within the “territory in the vicinity of a military airport,” it will be subjected to approximately
170 over flights per day. We also recommend a strong notification program on the part of the
applicant to inform any potential tenants about Luke AFB operations.
Respectfully,
Reg
Reggie A. Christianson
Strategic Planning Manager, Community Initiatives Team
Luke AFB AZ 85309
Office: 623-856-6115
DSN: 896-6115
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Monday, July 27, 2020 1:47 PM
To: 'c4rd85340@cox.net' <c4rd85340@cox.net>; 'ken.nyman@azag.gov' <ken.nyman@azag.gov>;
'swilken@azmag.gov' <swilken@azmag.gov>; 'vwolfley@azmag.gov' <vwolfley@azmag.gov>;
'eva.pearce@dysart.org' <eva.pearce@dysart.org>; 'kevin.shipman@dysart.org'
<kevin.shipman@dysart.org>; 56 FW/CIT Community Initiative
<56FW.CIT.CommunityInitiative@us.af.mil>; 'lcollins@glendaleaz.com' <lcollins@glendaleaz.com>;
jmacias@cityofelmirage.org; sonny@litchfield-park.org; planning@surpriseaz.gov;
jfox@youngtownaz.org; pmaslowski@litchfield-park.org; Robert.Kuhfuss@surpriseaz.gov;
debbie.white@surpriseaz.gov; adam.pruett@peoriaaz.gov; chris.jacques@peoriaaz.gov;
lorie.dever@peoriaaz.gov; alan.stephenson@phoenix.gov; bobprince@vuwco.com
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: [Non-DoD Source] 3rd Submittal - Zone Change: Modification of Conditions - Marbella
Ranch
Good afternoon all,
This e-mail serves as notification of resubmission of a Zone Change: Modification of Conditions
application we have received for Marbella Ranch.
Applicable documents for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using
the Zone Change case number Z2019053. Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-372-0292
adam.cannon@maricopa.gov
Planning and Development Department
DATE:
October 7, 2020
TO:
Planning and Zoning Commission
FROM:
Adam Cannon, Planner
SUBJECT:
CPA2019006 – Marbella Ranch
Agenda Item: #1
Since the publishing of the staff report for the above case, staff received notification that
the applicant and MCDOT revised the Engineering conditions of approval related to the
Marbella Ranch comprehensive plan amendment case. Shown below are the amended
conditions in legit format with eliminated language struck-through and new language
underlined and bolded, with relabeling of condition ‘2.i’.
g. The following Planning Engineering conditions shall apply:
1) Without the submittal of a precise plan of development, 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) Conditions noted on the attached memo from MCDOT Traffic Engineering
dated 8/7/20 10/6/20:
i. To increase the level of service at the El Mirage Road & Glendale
Avenue intersection from F to D or less, dual left-turn lanes with 250
ft. of storage each for southbound vehicles and 600 ft. of storage for
exclusive right-turn lane for westbound vehicles shall be provided
with additional development plans in excess of the approved
Marbella Ranch Phase 1 plan.
ii. i. A traffic signal at the Collector Road & El Mirage Road intersection,
and auxiliary turn lanes with appropriate storage lengths at access
roads shall be provided in the infrastructure plans as part of Parcels
5 and 6.
iii. A revised traffic study for the buildout phase shall be submitted to
the County for review and approval as part of its entitlement
application.
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
Staff recommends approval of CPA2019006 subject to conditions ‘a’ – ‘g’ with the
proposed modifications to condition ‘g.2 with relabeling of ‘i’. Shown below are the
proposed conditions in final format:
a.
Development of the site shall be in substantial conformance with the
Narrative Report entitled “Project Narrative CPA – Marbella Ranch”,
consisting of 10 pages, dated August 10, 2020, and stamped received
August 10, 2020, except as modified by the following conditions.
b.
If the Board takes action to amend or revert/rescind subsequent zoning, this
land use plan shall be considered for amendment.
c.
The total number of residential units shall not exceed 1,660 dwelling units.
d.
Prior to initial Final Plat approval or initial precise plan of development, the
applicant shall submit to the Maricopa County Planning and Development
Department a “will serve” letter and verification of approval of a Maricopa
Association of Governments (MAG 208) amendment from Liberty Utilities.
e.
The following Luke Air Force Base condition shall apply:
Marbella Ranch shall notify future occupants/tenants that they are located
near a military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined
“territory in the vicinity of a military airport,” which means that 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.
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.
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 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.
f.
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
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
approval allows the property owner to enjoy uses in excess of those
permitted by the land use existing on the date of the application, subject
to conditions. In the event of the failure to comply with any condition of
approval, the property shall change to the land use designation that
existed on the date of the application. It is, therefore, stipulated and
agreed that 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 the value of the property from the value it held on the date of application
due to such revocation. The Comprehensive Plan Amendment enhances
the value of the property above its value as of the date the Comprehensive
Plan Amendment is granted and changing to the prior land use designation
results in the same value of the property as if the Comprehensive Plan
Amendment had never been granted.
g.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, 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. Condition noted on the attached memo from MCDOT Traffic
Engineering dated 8/7/20:
i. A traffic signal at the Collector Road & El Mirage Road intersection,
and auxiliary turn lanes with appropriate storage lengths at access
roads shall be provided in the infrastructure plans as part of Parcels
5 and 6.
3. Engineering review of planning and/or zoning cases is for conceptual
design only. 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.
Attachment:
10/6/20 MCDOT Memo (1 page)
I:\TSM-Design Branch\Rajanikanth Thoutam\Traffic Impact Studies Review Comments\Marbella Ranch\Marbella Ranch
North\Marbella Ranch North_S2018037.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 OF 1
Project Name: Marbella Ranch North
Location: SWC of El Mirage Rd & Northern Ave
P&D/MCDOT File No.: S2018037/B201904065/Z2019053
Date: 10-06-2020
Reviewer: Raj Thoutam
Phone No.: 602-506-8940
Consultant: EPS Group, Inc.
Project No.:
Report Sealed By: Eric R. Maceyko Phone No: 480.503.2250 Fax:
CONSULTANT CODE:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1
= = =
6th REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the Consultant
Reply Column. This sheet is for our record, please answer every question and sign
and date your acknowledgement or the plans will be sent back to complete the
process. Send back the marked-up plans and a new set of plans along with this
comment sheet. Thank you for your cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Summary:
The proposed mixed-use residential / commercial development site is located on the
southwest corner of El Mirage Rd & Northern Ave. Per TIS, the site will be developed
in multiple phases. Phase I will consist of 290 single-family dwelling units, and
buildout phase will consist of 222 additional single family dwellings, 500 multi-family
dwellings and 65,514 sq.ft of commercial uses.
The development will have three driveways of which one will connect to future
frontage road of Northern Parkway and the other two will connect to El Mirage Rd. The
site and the adjacent EL Mirage Rd are under the county’s Jurisdiction.
A revised traffic study including additional planned trip count from 150 single and 250
multi-family dwelling units was submitted for review for re-zoning the development.
Review Comments:
The traffic study is approved with the stipulation that the developer provide traffic
signal at Collector Rd & El Mirage Rd intersection and auxiliary turn lanes with
appropriate storage lengths at site driveways in the infrastructure plans as part of
Parcels 5 and 6.
Signature: _____________________________________ Date: ___________
Planning and Development Department
DATE:
October 7, 2020
TO:
Planning and Zoning Commission
FROM:
Adam Cannon, Planner
SUBJECT:
Z2019053 – Marbella Ranch
Agenda Item: #2
Since the publishing of the staff report for the above case, staff received notification that
the applicant and MCDOT revised the Engineering conditions of approval related to the
Marbella Ranch zoning case. Shown below are the amended conditions in legit format
with eliminated language struck-through and new language underlined and bolded,
with relabeling of condition to ‘2.i’.
i.
The following Planning Engineering conditions shall apply:
1) Without the submittal of a precise plan of development, 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) Conditions noted on the attached memo from MCDOT Traffic Engineering
dated 8/7/20 10/6/20:
i. To increase the level of service at the El Mirage Road & Glendale
Avenue intersection from F to D or less, dual left-turn lanes with 250
ft. of storage each for southbound vehicles and 600 ft. of storage for
exclusive right-turn lane for westbound vehicles shall be provided
with additional development plans in excess of the approved
Marbella Ranch Phase 1 plan.
ii. i. A traffic signal at the Collector Road & El Mirage Road intersection,
and auxiliary turn lanes with appropriate storage lengths at access
roads shall be provided in the infrastructure plans as part of Parcels
5 and 6.
iii. A revised traffic study for the buildout phase shall be submitted to
the County for review and approval as part of its entitlement
application.
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
Staff recommends approval of Z2019053 subject to conditions ‘a’ – ‘z’ with the proposed
modifications to condition ‘i.2 with relabeling of ‘i’. Shown below are the proposed
conditions in final format:
a.
Development of the site shall comply with the Zoning Exhibit entitled “Legal
Description Marbella Ranch North Stip Mod and CPA Mod Limits”, consisting
of 3 pages, dated revised June 2, 2020, and stamped received July 27,
2020, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the
Narrative Report entitled “Project Narrative Rezone Marbella Ranch North
Stipulation Modification”, consisting of 11 pages, dated September 1, 2020,
and stamped received September 1, 2020, except as modified by the
following conditions.
c.
Zoning approval is conditional per Maricopa County Zoning Ordinance,
Article 304.6, and ARS §11-814. The term of this conditional zoning is
approval of a final plat or plan of development, as applicable, for the initial
phase of development within five years of Board of Supervisors approval of
Z2014011, and then an additional five years to obtain final plat or plan of
development approval as applicable for each successive phase of
development.
While not a term of the conditional zoning, the applicant shall submit a
written report every five years from the date of Board of Supervisors
approval of Z2014011 which details the status of the project, including
progress on obtaining necessary entitlements, licenses, and permits;
compliance with the conditions of approval; compliance with the
approved narrative report; compliance with the approved land use plan;
and justification as to how the approved zoning still represents appropriate
land use planning for the property and unincorporated Maricopa County
in accordance with the goals and policies in its comprehensive plan and
applicable area plan and land use plans. The status reports to be
administratively reviewed by Planning and Development with the ability
administratively to accept or carry the status report to the Board of
Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission) for consideration of amendments or revocation
of zoning for undeveloped parcels. Status reports will be required until
completion of all final plats and/or plans of development.
d.
The following R-5 RUPD Zoning District standards for Single Family Traditional
products shall apply:
1.
Max. Height: 30’/2 stories for detached single family residential, 40’/3
stories for attached single family residential townhome
2.
Min. Rear Yard: 5’ for detached single family residential, 5’ for
attached single family residential townhome
3.
Min. Lot Area: 4,000 sq. ft.
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
4.
Min. Lot Width: 40’ for detached single family residential and 30’ for
attached single family residential townhome
5.
Min. Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family
residential and 3,000 sq. ft. for attached single family residential
townhome
6.
Min. Rear yard setback: 5’ for detached single family residential, 5’
for attached single family residential townhome
7.
Min. Front Yard: 10’
e.
The following R-5 RUPD Zoning District standards for Neo-Traditional
products shall apply:
1.
Min. Front Yard: 5’
2.
Min. Side Yard: 5’ or 2’ for side loaded garage
3.
Min. Street side Yard: 5’
4.
Min. Rear Yard: 5’
5.
Min. Lot area: 2,500 sq. ft.
6.
Min. Lot Width: 40’ for detached single family residential and 30’ for
attached single family residential townhome
7.
Min. Lot Area Per Dwelling Unit: 2,500 sq. ft.
8.
Max. Lot Coverage: 60% for detached single family residential and
60% for attached single family residential townhome
f.
Multiple Family products to include apartments and condominiums shall
meet the base R-5 zoning district standards, with no further variations to the
standards with these products., except that the following R-5 RUPD Zoning
District standard for Multiple Family products shall apply:
1.
Min. Rear Yard: 15’
g.
Not less than 34 acres shall be developed as recreational open space to
include playgrounds, tot lots, mini-parks and amenities. At the time of each
preliminary plat submission, the developer shall include a description of the
status, cumulative acreage and proposed amenities as identified with this
condition. The 34 acres of required open space may be shared between
both the north and south Marbella Ranch developments.
h.
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.
i.
The following Planning Engineering conditions shall apply:
1) Without the submittal of a precise plan of development, 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
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
development plans progress and are submitted to the County for further
review and/or entitlement.
2) Condition noted on the attached memo from MCDOT Traffic Engineering
dated 10/6/20:
i. A traffic signal at the Collector Road & El Mirage Road intersection,
and auxiliary turn lanes with appropriate storage lengths at access
roads shall be provided in the infrastructure plans as part of Parcels
5 and 6.
3) Engineering review of planning and/or zoning cases is for conceptual
design only. 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.
j.
All interior streets within the proposed development are to be constructed
to minimum County standards.
k.
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.
l.
Prior to any Final Plat approval, the applicant shall submit to the Maricopa
County Planning and Development Department a “will serve” letter and
verification of approval of a Maricopa Association of Governments
(MAG208) amendment from Liberty Utilities which demonstrates a
willingness and capability to serve Marbella Ranch.
m.
All outdoor lighting shall conform to the Maricopa County Zoning
Ordinance.
n.
Development of the site shall be in compliance with all applicable
Maricopa County Air Quality rules and regulations.
o.
An archeological survey shall be submitted to and approved by the
Arizona State Historic Preservation Office prior to the issuance of a grading
permit. The applicant must contact the State office prior to initiating
disturbance of the site. The applicant shall provide the Planning and
Development Department with written proof of compliance with this
stipulation.
p.
The Final Plat shall have a note that the property is within an area of known
land subsidence and/or earth fissuring. No development including paved
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
roadways or residential lots within 100’ of the mapped confirmed fissure,
drainage and storm runoff should not be concreted or directed towards
the fissure or offsite area. 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.
q.
Prior zoning clearance or Final Plat approval, 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
District, servicing the site.
r.
The following Maricopa County Sherriff’s Office (MCSO) conditions shall
apply:
1) Prior to any final plat, the master developer shall enter into a development
agreement with the Maricopa County Sherriff’s Office (MCSO) to provide
law enforcement services to Marbella Ranch and surrounding areas.
2) This development agreement shall include, but not necessarily be limited
to, the master developer’s requirement to pay their proportionate share for
start-up costs (vehicle purchase and patrol equipment, e.g. radios, tasers,
and vehicle laptops); and interim fees for law enforcement services
associated with the property unless it is annexed into an incorporated
municipality or until full law enforcement service contract is otherwise
implemented. The development agreement may also include, but not
necessarily be limited to the master developer’s requirement to donate to
the County, for use by the MCSO, their proportionate share of separate
office space complete with tenant improvements or land (the size to be
determined in the development agreement), or payment of fees when a
permit is issued.
3) This development agreement shall include the terms listed in this stipulation
unless otherwise mutually agreed to by MCSO and the master developer;
furthermore, the development agreement shall be signed by both the
master developer and the MCSO and provided to the Maricopa County
Planning and Development Department for public record.
s.
The following Drainage Review conditions shall apply:
1) 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 Section 1205
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
of the Maricopa County Zoning Ordinance and the Maricopa County
Drainage Policies and Standards.
2) All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
t. Variations to the development standards as indicated in the approved Unit
Plan of Development (UPD) table may be varied by the Board of Adjustment
in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance
(MCZO).
u. All habitable buildings constructed within this subdivision shall be constructed
to attain a noise reduction level as per ARS § 28-8482(B).
v. Amendments to the site plan and narrative report shall be processed as a
revised application in accordance with Maricopa County Zoning Ordinance
Article 304.9.
w. 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).
x. 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 Zone Change as set forth in the Maricopa
County Zoning Ordinance.
y. 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 owner to enjoy uses in excess of those permitted by the
land use existing on the date of the application, subject to conditions. In the
event of the failure to comply with any condition of approval, the property
shall change to the land use designation that existed on the date of the
application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held
on the date of application due to such revocation. The Comprehensive Plan
Amendment enhances the value of the property above its value as of the date
the Comprehensive Plan Amendment is granted and changing to the prior
land use designation results in the same value of the property as if the
Comprehensive Plan Amendment had never been granted.
502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
z. The following Luke Air Force Base condition shall apply:
Marbella Ranch shall notify future occupants/tenants that they are located
near a military airport with the following language:
“You are locating in a residential dwelling inside the State Statute defined
“territory in the vicinity of a military airport,” which means that 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.
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.
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 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.
Attachment:
10/6/20 MCDOT Memo (1 page)
I:\TSM-Design Branch\Rajanikanth Thoutam\Traffic Impact Studies Review Comments\Marbella Ranch\Marbella Ranch
North\Marbella Ranch North_S2018037.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 OF 1
Project Name: Marbella Ranch North
Location: SWC of El Mirage Rd & Northern Ave
P&D/MCDOT File No.: S2018037/B201904065/Z2019053
Date: 10-06-2020
Reviewer: Raj Thoutam
Phone No.: 602-506-8940
Consultant: EPS Group, Inc.
Project No.:
Report Sealed By: Eric R. Maceyko Phone No: 480.503.2250 Fax:
CONSULTANT CODE:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1
= = =
6th REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the Consultant
Reply Column. This sheet is for our record, please answer every question and sign
and date your acknowledgement or the plans will be sent back to complete the
process. Send back the marked-up plans and a new set of plans along with this
comment sheet. Thank you for your cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Summary:
The proposed mixed-use residential / commercial development site is located on the
southwest corner of El Mirage Rd & Northern Ave. Per TIS, the site will be developed
in multiple phases. Phase I will consist of 290 single-family dwelling units, and
buildout phase will consist of 222 additional single family dwellings, 500 multi-family
dwellings and 65,514 sq.ft of commercial uses.
The development will have three driveways of which one will connect to future
frontage road of Northern Parkway and the other two will connect to El Mirage Rd. The
site and the adjacent EL Mirage Rd are under the county’s Jurisdiction.
A revised traffic study including additional planned trip count from 150 single and 250
multi-family dwelling units was submitted for review for re-zoning the development.
Review Comments:
The traffic study is approved with the stipulation that the developer provide traffic
signal at Collector Rd & El Mirage Rd intersection and auxiliary turn lanes with
appropriate storage lengths at site driveways in the infrastructure plans as part of
Parcels 5 and 6.
Signature: _____________________________________ Date: ___________