MCP2020002 BOS REPORT.PDF

Maricopa County — Formal (2020-10-07)

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October 7, 2020 
MCP2020002 
Page 1 of 5 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Board Hearing Date: 
October 7, 2020 
 
Case #/Title:   
 
 
MCP2020002 – Marbella West 
 
Supervisor District: 
4 
 
Applicant/Owner:  
Tiffany and Bosco, PA / Marbella Ranch Limited Partnership 
 
Request: 
Military Compatibility Permit (MCP), without a Plan of 
Development, to allow commercial and industrial uses in the 
Rural-43 (MAAMF) zoning district 
 
Site Location: 
Generally located approx. 1,700’ southwest of the southwest 
corner of Northern Ave. and El Mirage Rd. in the Glendale 
area 
 
Site Size: 
Approx. 64 acres 
 
County Island Status: 
No 
Additional 
Comments: 
The applicant seeks a MCP for commercial and industrial 
uses. The subject property is identified as a Military 
Compatible land use in the White Tank/Grand Avenue Area 
Plan and a Luke Compatible land use in the Glendale 
Municipal Plan. This designation is applied to lands 
surrounding Luke Air Force Base that are delineated by the 
1988 Air Installation Compatible Use Zone (AICUZ) 65 LDN 
noise contour.  Per UC2019006, Luke Air Force Base 
determined that the applicant’s proposed uses are 
compatible and consistent with the high noise or accident 
potential area outside of Luke Air Force Base. No comments 
were received from relevant municipalities. Staff received no 
letters of support or opposition to the request.   
 
Commission  
 
Recommendation: 
On 9/10/20, the Commission voted 5-0-1 to recommend 
approval of MCP2020002 subject to conditions ‘a’ – ‘j’:  
 
a. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “Marbella West”, consisting of 9 pages, dated August 14, 2020, and 
stamped received August 14, 2020, except as modified by the following 
conditions.

October 7, 2020 
MCP2020002 
Page 2 of 5 
b. 
The Military Compatibility Permit shall be limited to the following uses as per 
UC2019006:  
 
1. 
Motor Vehicle Parking 
2. 
Communications (noise sensitive) 
3. 
Utilities 
4. 
Other transportation, communications, and utilities 
5. 
Wholesale trade 
6. 
Building materials-retail 
7. 
Food-retail 
8. 
Automotive and marine 
9. 
Apparel and accessories-retail 
10. Eating and drinking places 
11. Furniture and home furnishings-retail 
12. Other retail trade 
13. Offsite Advertising (billboards) 
14. Self-Storage facilities 
15. Equipment rentals and sales, but not including equipment customarily used 
for heavy construction 
16. Wholesale landscape and nursery materials sales 
17. Finance, insurance, real estate 
18. Personal services 
19. Business services 
20. Repair services 
21. Contract construction services 
22. Indoor recreation services 
23. Other services 
24. Food and kindred products 
25. Textile mill products 
26. Apparel 
27. Lumber and wood products 
28. Furniture and fixtures 
29. Paper and allied products 
30. Printing and publishing 
31. Chemicals and allied products 
32. Petroleum refining, and related industries 
33. Rubber and miscellaneous plastic 
34. Stone, clay and glass products 
35. Primary metal industries 
36. Fabricated metal products 
37. Professional, scientific, and controlling instruments 
38. Miscellaneous manufacturing 
39. Government services 
40. Cultural activities, including churches 
41. Medical and other health services 
42. Nonprofit organizations 
43. Correctional facilities 
44. Other public and quasi-public services 
 
c. 
The following Planning Engineering conditions shall apply:

October 7, 2020 
MCP2020002 
Page 3 of 5 
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. 
Plan of Development(s) must be approved prior to application for any 
building permits on site. 
 
3. 
A Traffic Impact Study to address traffic impacts and roadway 
improvements; and any subsequent right-of-way dedication required to 
support the proposed development must be submitted/addressed with the 
Plan of Development(s). 
 
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. 
 
d. 
The following Maricopa County Environmental Services Department (MCESD) 
condition shall apply:  
 
1. 
ATC must be obtained prior to construction permit approval. 
 
e. 
All buildings are subject to noise attenuation as per ARS § 28-8482(B).  
 
f. 
The following  standards shall apply to the Military Compatibility Permit:  
 
1. 
Max. Height – 60’ 
2. 
Min. Front Yard – 20’ 
3. 
Min. Side Yard – 0’ 
4. 
Min. Street-side Yard – 5’ 
5. 
Min. Rear Yard – 15’ 
6. 
Min. Lot Area – 6000 sq. ft. 
7. 
Min. Lot Width – 60’ 
8. 
Max. Lot Coverage – 60% 
9. 
On-Site Signs – Section 1403 Commercial Regulations or 1404 Industrial Zoning 
Regulations May Apply 
10. Off-Site Signs – Section 1403 Commercial Regulations or 1404 Industrial Zoning 
Regulations May Apply, except as modified below 
11. Off-Site Sign Max. Height – 65’ 
12. Off-Site Sign Maximum Size – 672 sq. ft. 
13. Min. Separation Distance – 1,000’ / Maximum of 3 Off-site signs along 
Northern Avenue at min. 600’ separation distance 
14. Off-Site Sign Min. Side Yard Setback – 0’ 
15. Off-Site Sign Min. Front Yard Setback – 0’ 
16. Off-Site Sign Min. Street-side Yard Setback – 0’ 
17. Off-Site Sign Min. Setback to Rural or Residential zoning district– 0’

October 7, 2020 
MCP2020002 
Page 4 of 5 
18. Off-Site Sign Min. Setback to Rural or Residential zoning district for Illuminated 
Sign – 0’ 
19. Off-Site Sign Min. Separation from Rural or Residential zoning district – 100’/ 0’ 
along the perimeter of Northern Avenue only 
20. Screening – Loading docks, outdoor storage and commercial parking within 
100’ of a residential zoned district or rural zoned subdivision must be screened 
from view by a 6’ wall or fence, landscape such as hedges or trees or other 
screening of 80% opacity or more.  Remainder perimeter screening may be 
chain-link. 
 
g. 
The following Luke Air Force Base condition shall apply:  
 
Marbella Ranch Limited Partnership shall notify future occupants/tenants that they 
are located near a military airport with the following language: 
 
Luke Air Force Base executes an average of approximately 165 overflights per day. 
Although Luke’s primary flight paths are located within 20 miles from the base, jet 
noise will be apparent throughout the area as aircraft transient to and from the 
Barry M. Goldwater Gunnery Range and other flight areas. 
 
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.” 
 
h. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Military Compatibility Permit as set forth in the 
Maricopa County Zoning Ordinance.  
 
i. 
The property owner/s and their successors waive claim for diminution in value if 
the County takes action to rescind approval due to noncompliance with 
conditions.  
 
j. 
The granting of this change in use of the property has been at the request of the 
applicant, with the consent of the landowner.  The granting of this approval allows 
the property to enjoy uses in excess of those permitted by the zoning existing on 
the date of application, subject to conditions.  In the event of the failure to comply 
with any condition, and at the time of expiration of the Military Compatibility 
Permit, the property shall revert to the zoning that existed on the date of 
application.  It is, therefore, stipulated and agreed that either revocation due to 
the failure to comply with any conditions, or the expiration of the Military 
Compatibility Permit, does not reduce any rights that existed on the date of 
application to use, divide, sell or possess the property and that there would be no 
diminution in value of the property from the value it held on the date of

October 7, 2020 
MCP2020002 
Page 5 of 5 
application due to such revocation or expiration of the Military Compatibility 
Permit.  The Military Compatibility Permit enhances the value of the property 
above its value as of the date the Military Compatibility Permit is granted and 
reverting to the prior zoning results in the same value of the property as if the 
Military Compatibility Permit had never been granted. 
 
Presented by: 
 
Adam Cannon, Planner 
Reviewed by: 
 
Darren Gerard, AICP, Planning Manager   
 
Attachment: 
 
9/10/20 P&Z Packet (32 pages) 
 
 
Note: 
9/10/20 Draft P&Z Minutes are not available as of the writing of this report, but can 
be provided upon request later when available.

MCP2020002 
Page 1 of 10 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Case: 
MCP2020002 – Marbella West 
 
 
 
 
Hearing Date: 
September 10, 2020 
 
Supervisor District: 
4 
 
 
 
  
 
Applicant: 
Tiffany and Bosco, PA 
 
Owner: 
Marbella Ranch Limited Partnership 
   
Request: 
Military Compatibility Permit (MCP) without a Plan of Development 
to allow commercial and industrial uses in the Rural-43 (MAAMF) 
zoning district 
 
  
 
Site Location: 
Generally located approx. 1,700’ southwest of the southwest corner 
of Northern Ave. and El Mirage Rd. in the Glendale area 
 
  
Site Size: 
Approx. 64 acres 
 
Density: 
N/A 
 
County Island:  
No 
 
 
County Plan: 
White Tank/Grand Avenue Area Plan – Military Compatible  
 
Municipal Plan: 
Glendale General Plan – Luke Compatible Land Use Area 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
None known 
 
Recommendation: 
Approve with conditions

MCP2020002 
Page 2 of 10 
Project Summary: 
 
1. 
Marbella Ranch Limited Partnership is requesting a MCP without a Plan of Development 
for commercial and industrial uses authorized in UC2019006.  The subject property is 
located in the White Tank/Grand Avenue Area Plan, which designates the subject 
property as Military Compatible.  This designation establishes that only certain uses are 
consistent and compatible with the high noise or accident potential generated by 
military airports (Luke Air Force Base).  The property is near the border of the City of 
Glendale and is part of the Glendale Municipal Planning Area.  The Glendale Municipal 
Plan designates the property as Luke Compatible which is applied to lands surrounding 
Luke Air Force Base that are delineated by the 1988 Air Installation Compatible Use Zone 
(AICUZ) 65 LDN noise contour.   
 
2. 
The legal description provided by the applicant identifies a site that is approximately 64 
acres.  Portions of the subject site will be sold or leased to private companies for 
commercial or industrial uses in the Rural-43 zoning district and the Military Airport and 
Ancillary Military Facility Overlay District (MAAMF).  Property located within this overlay 
zoning district must first have a Use and Compatibility Consistency Determination (UCCD) 
prior to being able to apply for a Military Compatibility Permit (MCP).   
 
3. 
Per UC2019006, Luke Air Force Base determined that the following proposed uses are 
compatible and consistent with the high noise or accident potential of Luke AFB: motor 
vehicle parking; communications (noise sensitive); utilities; other transportation, 
communications, and utilities; wholesale trade; building materials-retail; general 
merchandise-retail; food-retail; automotive and marine; apparel and accessories-retail; 
eating and drinking places; furniture and home furnishings-retail; other retail trade; offsite 
advertising (billboards); self-storage facilities; equipment rentals and sales; but not 
including equipment customarily used for heavy construction; wholesale landscape and 
nursery materials sales; finance, insurance, real estate; personal services; business 
services; repair services; contract construction services; indoor recreation services; other 
services; food and kindred products; textile mill products; apparel; lumber and wood 
products; furniture and fixtures; paper and allied products; printing and publishing; 
chemicals and allied products; petroleum refining, and related industries; rubber and 
miscellaneous plastic; stone, clay and glass products; primary metal industries; fabricated 
metal products; professional, scientific, and controlling instruments; miscellaneous 
manufacturing; government services; cultural activities, including churches; medical and 
other health services; nonprofit organizations; correctional facilities; and other public and 
quasi-public services.  The subject site is undeveloped and remains vacant-agricultural.   
 
4. 
The subject site is zoned Rural-43 MAAMF.  The existing standards for the Rural-43 MAAMF 
and the proposed MCP are listed below: 
 
REGULATION 
BASE ZONING DISTRICT 
REGULATIONS (RU-43 MAAMF) 
PROPOSED ZONING DISTRICT 
REGULATIONS (RU-43 MAAMF MCP) 
Height  
30' 
60’ 
Front Yard 
40' 
20’ 
Side Yard 
30' 
0’ 
Street-side Yard 
20' 
5’ 
Rear Yard 
40' 
15’ 
Lot Area 
1 acre 
6,000 sq. ft.

MCP2020002 
Page 3 of 10 
Lot Width  
145’ 
60’ 
Lot Coverage 
25% 
60% 
On-Site Signs 
Section 1402 Rural and 
Residential Zoning Districts 
Apply 
Section 1403 Commercial 
Regulations or 1404 Industrial 
Zoning Regulations May Apply 
Off-Site Signs 
Not Permitted 
Section 1403 Commercial 
Regulations or 1404 Industrial 
Zoning Regulations May Apply 
Off-Site Sign Height 
Not Permitted 
65’ 
Off-Site Sign Maximum Size 
Not Permitted 
672 sq. ft. 
Separation Distance 
Not Permitted 
1000’ / Maximum 3 Off-site signs 
along Northern Avenue at 600’ 
separation distance 
Off-Site Sign Side Yard 
Setback 
Not Permitted 
0’ 
Off-Site Sign Front Yard 
Setback 
Not Permitted 
0’ 
Off-Site Sign Street-side 
Yard Setback 
Not Permitted 
0’ 
Off-Site Sign Setback to RU-
43 
Not Permitted 
0’ 
Off-Site Sign Setback to RU-
43 for Illuminated Sign 
Not Permitted 
0’ 
Off-Site Sign Separation 
from rural or residential 
zoning district 
100’ 
100’/0’ along the perimeter of 
Northern Avenue only 
Screening 
Adjacent to rural or residential 
zoning districts automobile 
parking shall be screened 
from view.  Solid masonry wall, 
six feet in height adjacent to 
any side or rear property line 
abutting any rural or 
residential zoning district. 
View-obscuring wall or fence, 
six feet in height, on perimeter 
of site with outdoor industrial 
use adjacent to district other 
than rural or residential 
Loading docks, outdoor storage 
and commercial parking within 100’ 
of a residential zoned district or 
rural zoned subdivision must be 
screened from view by a 6’ wall or 
fence, landscape such as hedges 
or trees or other screening of 80% 
opacity or more.  Remainder 
perimeter screening may be chain-
link. 
 
The applicant requested to vary the underlying standards for height, lot coverage, on-
site signs, off-site signs and setbacks to accommodate commercial/industrial uses 
authorized by UC2019006.  In regards to off-site signs, the applicant is requesting to vary 
the standard for off-site sign separation distance for prime sign placement along Northern 
Avenue.  Staff requested that the applicant limit the maximum number of off-site signs to 
three (3) along Northern Avenue so that the number of off-site signs does not exceed 
what is allowed by the MCZO.  The separation distance will remain 1000’ for all other 
potential off-site sign locations.  The applicant also requested to limit the off-site sign 
setback from rural and residential districts along Northern Avenue as there will be a 
collector road created that separates the residential properties of Marbella Ranch to the

MCP2020002 
Page 4 of 10 
west from off-site signs at a distance greater than the 100’ required in the ordinance.  
Lastly, the applicant requested to vary screening requirements due to the size of the 
property perimeter and the inability for residential properties to develop within the noise 
contours.  Residential areas adjacent to the subject property will receive ample 
screening consistent with MCZO requirements.  There is an excluded area illustrated on 
the legal description that the applicant intends on using for retention and open space 
for the nearby planned Marbella Ranch development. The excluded area may also be 
used as a collector road serving as access for commercial/industrial properties and 
Marbella Ranch. 
 
Exhibit 1 – 2020 Aerial Map* 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
       *  Yellow Shape: Not Included in MCP202002 
       Purple Polygon: Approximate Boundaries of MCP2020002 
 
Exhibit 2 – Rural-43 Military Airport and Ancillary Military Facility Overlay District  
& Surrounding Districts* 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        *Yellow Shape: Not Included in MCP2020002 
         Purple Polygon: Approximate Boundaries of MCP2020002

MCP2020002 
Page 5 of 10 
Exhibit 3 – Legal Description 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
5. 
On-site: 
 
Rural-43 MAAMF / Vacant / Agricultural 
North: 
City of El Mirage – EI Employment/Industry Federal Luke AFB Noise 
 
Contours/ Industrial 
 
Rural-43 MAAMF MCP / Utilities 
South: 
Rural-43 MAAMF / Mining & Industrial 
East: 
Rural-43 MAAMF / Mining & Industrial 
West: 
R1-5 RUPD / Residential 
 
 
Utilities and Services: 
 
6. 
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: 
 
7. 
The following table includes existing and proposed half-width right-of-way and the future 
classification based upon the Maricopa County Department of Transportation (MCDOT) 
Major Streets and Routes Plan.   
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Existing Classification 
Northern Avenue 
340’ 
340’ 
Arizona Parkway

MCP2020002 
Page 6 of 10 
 
Adopted Plans: 
 
8. 
White Tank/Grand Avenue Area Plan (Adopted: 2000): Military Compatible. 
 
9. 
City of Glendale General Plan (Revised: 2016): This plan identifies the subject parcel as a 
Luke Compatible Land Use Area.  Luke Air Force Base must issue a Use Consistency and 
Compatibility Determination (UCCD) prior to a use being allowed in this area. 
 
Public Participation Summary: 
 
10. 
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.  Staff received no support or 
opposition to the MCP request. 
 
Outstanding Concerns from Reviewing Agencies 
 
11. 
N/A 
 
Staff Analysis: 
 
12. 
Staff is supportive of the request for a Military Compatibility Permit for Marbella West.  The 
request is in keeping with commercial and industrial uses authorized by Luke Air Force 
Base and case UC2019006.  The applicant is requesting several standards to be varied 
including height, lot coverage, on-site signs, off-site signs and setbacks for similar uses.  
Staff finds all of these requests reasonable in that the uses authorized by the UCCD are 
commercial and industrial in nature and do not allow for additional off-site signs in excess 
of what is allowed in the MCZO.  No new residential development will take place on the 
property so long as LAFB Noise Contours are in place.  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.  Prior to development, a subsequent POD will be 
required and brought to the Commission and Board of Supervisors for consideration.  
 
Recommendation: 
 
13. 
For the reasons outlined in this report, staff recommends the Commission motion for 
Approval, subject to conditions ‘a’ – ‘j’. 
 
a. 
Development of the site shall be in substantial conformance with the Narrative 
Report entitled “Marbella West”, consisting of 9 pages, dated August 14, 2020, and 
stamped received August 14, 2020, except as modified by the following 
conditions. 
 
b. 
The Military Compatibility Permit shall be limited to the following uses as per 
UC2019006:  
 
1. 
Motor Vehicle Parking 
2. 
Communications (noise sensitive) 
3. 
Utilities

MCP2020002 
Page 7 of 10 
4. 
Other transportation, communications, and utilities 
5. 
Wholesale trade 
6. 
Building materials-retail 
7. 
Food-retail 
8. 
Automotive and marine 
9. 
Apparel and accessories-retail 
10. Eating and drinking places 
11. Furniture and home furnishings-retail 
12. Other retail trade 
13. Offsite Advertising (billboards) 
14. Self-Storage facilities 
15. Equipment rentals and sales, but not including equipment customarily used 
for heavy construction 
16. Wholesale landscape and nursery materials sales 
17. Finance, insurance, real estate 
18. Personal services 
19. Business services 
20. Repair services 
21. Contract construction services 
22. Indoor recreation services 
23. Other services 
24. Food and kindred products 
25. Textile mill products 
26. Apparel 
27. Lumber and wood products 
28. Furniture and fixtures 
29. Paper and allied products 
30. Printing and publishing 
31. Chemicals and allied products 
32. Petroleum refining, and related industries 
33. Rubber and miscellaneous plastic 
34. Stone, clay and glass products 
35. Primary metal industries 
36. Fabricated metal products 
37. Professional, scientific, and controlling instruments 
38. Miscellaneous manufacturing 
39. Government services 
40. Cultural activities, including churches 
41. Medical and other health services 
42. Nonprofit organizations 
43. Correctional facilities 
44. Other public and quasi-public services 
 
c. 
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.

MCP2020002 
Page 8 of 10 
 
2. 
Plan of Development(s) must be approved prior to application for any 
building permits on site. 
 
3. 
A Traffic Impact Study to address traffic impacts and roadway 
improvements; and any subsequent right-of-way dedication required to 
support the proposed development must be submitted/addressed with the 
Plan of Development(s). 
 
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. 
 
d. 
The following Maricopa County Environmental Services Department (MCESD) 
condition shall apply:  
 
1. 
ATC must be obtained prior to construction permit approval. 
 
e. 
All buildings are subject to noise attenuation as per ARS § 28-8482(B).  
 
f. 
The following  standards shall apply to the Military Compatibility Permit:  
 
1. 
Max. Height – 60’ 
2. 
Min. Front Yard – 20’ 
3. 
Min. Side Yard – 0’ 
4. 
Min. Street-side Yard – 5’ 
5. 
Min. Rear Yard – 15’ 
6. 
Min. Lot Area – 6000 sq. ft. 
7. 
Min. Lot Width – 60’ 
8. 
Max. Lot Coverage – 60% 
9. 
On-Site Signs – Section 1403 Commercial Regulations or 1404 Industrial Zoning 
Regulations May Apply 
10. Off-Site Signs – Section 1403 Commercial Regulations or 1404 Industrial Zoning 
Regulations May Apply, except as modified below 
11. Off-Site Sign Max. Height – 65’ 
12. Off-Site Sign Maximum Size – 672 sq. ft. 
13. Min. Separation Distance – 1,000’ / Maximum of 3 Off-site signs along 
Northern Avenue at min. 600’ separation distance 
14. Off-Site Sign Min. Side Yard Setback – 0’ 
15. Off-Site Sign Min. Front Yard Setback – 0’ 
16. Off-Site Sign Min. Street-side Yard Setback – 0’ 
17. Off-Site Sign Min. Setback to Rural or Residential zoning district– 0’ 
18. Off-Site Sign Min. Setback to Rural or Residential zoning district for Illuminated 
Sign – 0’ 
19. Off-Site Sign Min. Separation from Rural or Residential zoning district – 100’/ 0’ 
along the perimeter of Northern Avenue only

MCP2020002 
Page 9 of 10 
20. Screening – Loading docks, outdoor storage and commercial parking within 
100’ of a residential zoned district or rural zoned subdivision must be screened 
from view by a 6’ wall or fence, landscape such as hedges or trees or other 
screening of 80% opacity or more.  Remainder perimeter screening may be 
chain-link. 
 
g. 
The following Luke Air Force Base condition shall apply:  
 
Marbella Ranch Limited Partnership shall notify future occupants/tenants that they 
are located near a military airport with the following language: 
 
Luke Air Force Base executes an average of approximately 165 overflights per day. 
Although Luke’s primary flight paths are located within 20 miles from the base, jet 
noise will be apparent throughout the area as aircraft transient to and from the 
Barry M. Goldwater Gunnery Range and other flight areas. 
 
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.” 
 
h. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Military Compatibility Permit as set forth in the 
Maricopa County Zoning Ordinance.  
 
i. 
The property owner/s and their successors waive claim for diminution in value if 
the County takes action to rescind approval due to noncompliance with 
conditions.  
 
j. 
The granting of this change in use of the property has been at the request of the 
applicant, with the consent of the landowner.  The granting of this approval allows 
the property to enjoy uses in excess of those permitted by the zoning existing on 
the date of application, subject to conditions.  In the event of the failure to comply 
with any condition, and at the time of expiration of the Military Compatibility 
Permit, the property shall revert to the zoning that existed on the date of 
application.  It is, therefore, stipulated and agreed that either revocation due to 
the failure to comply with any conditions, or the expiration of the Military 
Compatibility Permit, does not reduce any rights that existed on the date of 
application to use, divide, sell or possess the property and that there would be no 
diminution in value of the property from the value it held on the date of 
application due to such revocation or expiration of the Military Compatibility 
Permit.  The Military Compatibility Permit enhances the value of the property 
above its value as of the date the Military Compatibility Permit is granted and

MCP2020002 
Page 10 of 10 
reverting to the prior zoning results in the same value of the property as if the 
Military Compatibility Permit had never been granted. 
 
 
Presented by: 
Adam Cannon, Planner 
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Legal Description (3 pages) 
 
Narrative Report (9 pages) 
 
Engineering comments (1 page) 
 
MCESD comments (1 page) 
 
LAFB comments (1 page) 
 
UCCD Correspondence (6 pages)

MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 63.61 approx.
 
Generated August 31, 2020 15:56 PM
MCP2020002
Application Name:
Legal Description
MARBELLA WEST
Applicant
Case Address
, T2N R01W 02
ERIC J FITZER for TIFFANY AND BOSCO, PA
   
Applicant Phone/Email
Parcel Primary:
602.452.2714
EJFITZER@TBLAW.COM
  
Map scale 1:6,092
Supervisor District No.
MARBELLA WEST

Robert Fedorka, P.E. 
Planning & Development 
501 North 44th Street, Suite 200 
Phoenix, Arizona 85008 
Phone: (602) 506-7151 
www.maricopa.gov/planning 
Email address: 
Bob.Fedorka@Maricopa.gov 
  
Maricopa County 
Planning & Development Department 
Engineering Plan Review 
  
 
 
 
Date:   
 
February 20, 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:   
MCP2020002 – Military Compatibility Use Permit (without a Plan of 
Development) for Marbella West – Commercial & Industrial Uses 
 
(E1 Memo) 
Job Site Address: South side of Northern Avenue, west of El Mirage Road 
 
APN(s): 
501-53-015B 
 
This application is to specify Military Compatible Uses for future development and does 
not include a Plan of Development. 
 
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st 
submittal of the Military Compatibility Use Permit application routed for review on 
02/11/2020, and has no objections provided that the following conditions are made part of 
any approval: 
 
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. Plan of Development(s) must be approved prior to application for any building 
permits on the site. 
 
3. A Traffic Impact Study to address traffic impacts and roadway improvements; and 
any subsequent right-of-way dedication required to support the proposed development 
must be submitted/addressed with the Plan of Development(s). 
 
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.

Water and Waste Management 
Division 
Subdivision Infrastructure & 
Planning Program 
1001 N. Central Avenue #150 
Phoenix, Arizona 85004 
Phone: (602) 506-0376 
Fax: (602) 506-5813  
TDD 602 506 6704 
Maricopa County 
Environmental Services Department 
Water and Waste Management Division  
DATE: 
February 11, 2020 
 
TO : 
Adam Cannon, Planning & Development Dept. 
 
 
Planner 
 
 
 
 
 
 
 
FROM: 
Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: 
Military Compatibility Permit for Marbella West. MCP2020002 
 
The Maricopa County Environmental Services Department (MCESD) has reviewed 
documents received from the Maricopa County Planning and Development Department 
for the above referenced project at APN # 501-53-015B, 012D, 010C & 013A. This 
project requests approval of Military Compatibility Permit for Marbella West. According 
to the submitted documentation, potable water and sanitary sewage disposal will be 
provided by Liberty Utilities, MCESD has no concerns, ATC must be obtained prior 
to any construction permit approval. 
  
Based on the above, MCESD raised no objections to the Planning & Development 
Department in Permits Plus on February 11, 2020 and will allow the project to proceed 
at this time subject to the following stipulations: 
 
Stipulations:  Non 
 
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.