Z2019123 BOS REPORT.PDF

Maricopa County — Formal (2020-08-19)

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August 19, 2020
Z2019123
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department

Board Hearing Date:
August 19, 2020

Case #/Title:

Z2019123 - Trethan Farms

Supervisor District:
4

Applicant
Adam Baugh, Withey Morris PLC

Owner:
Jewel Investment Company LP/ETAL

Request:
Rezone from Rural-43 and C-3 to R1-6 RUPD

Site Location:
Generally located at the southwest corner of Olive Ave. &
Cotton Ln.

Site Size:
Approx. 18.7 acres

County Island Status:
No
Additional
Comments:
The applicant seeks a rezone with overlay for single-family
residential uses. The RUPD overlay will vary the development
standards of the proposed base R1-6 RUPD zoning district. The
subject property is located within the White Tank/Grand
Avenue Plan as rural densities (0-1 d.u./acre) land use and in
the Glendale General Plan as Medium Density Residential
(2.5-3.5 du/ac). The rezone with overlay will have no adverse
impact on the Comprehensive Plan or Glendale Municipal
Plan.
No
comments
were
received
from
relevant
municipalities. There is no known opposition.

Commission

Recommendation:
On 7/23/20, the Commission voted 6-0 to recommend
approval of Z2019123 subject to conditions ‘a’ – ‘j’:

a.
Development of the site shall be in substantial conformance with the conceptual
Site Plan entitled “Olive Avenue and Cotton Lane”, consisting of 2 full-size sheets,
dated May 6, 2020, and stamped received May 12, 2020, except as modified by
the following conditions.

b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Trethan Farms”, consisting of 8 pages, dated April 3, 2020, and
stamped received May 12, 2020, except as modified by the following conditions.

August 19, 2020
Z2019123
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c.
The applicant/property owner shall submit a ‘will serve’ letter for fire protection
services for the project site. A copy of the ‘will serve’ letter shall be required as part
of the initial construction permit submittal.

d.
All buildings shall be subject to noise attenuation as per ARS § 28-8482(B) and
Maricopa County requirements.

e.
The following Planning Engineering comments 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.
Storm water retention for the development of this site shall be in
accordance with MCZO 1205.7.6.2.
3.
A traffic impact study must be submitted with any future entitlement
application (i.e. Preliminary Plat).
4.
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

f.
The master developer shall notify future homeowners that they are located within
the state-defined “territory in the vicinity of a military airport” with the following
language:

“You are buying a home or property in the ‘vicinity of a military airport’ as described
by State of Arizona statute ARS §28-8481. Your house should include sound
attenuation measures as directed by State law. You will be subject to direct over
flights and noise by Luke Air Force Base jet aircraft in the vicinity.

Luke Air Force Base executes over 200,000 flight operations per year, at an
average of approximately 170 overflights per day. Although Luke's primary flight
paths are located within 20 miles from the base, jet noise will be apparent
throughout the area as aircraft transient to and from the Barry M. Goldwater
Gunnery Range and other flight training areas.

Luke Air Force Base may launch and recover aircraft in either direction off its
runways oriented to the southwest and northeast. Noise will be more noticeable
during overcast sky conditions due to noise reflections off the clouds.

Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.

August 19, 2020
Z2019123
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11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs)
as well as the Public Report and conveyance documents.

For further information, please check the Luke Air Force Base website at
www.luke.af.mil/ or contact the Maricopa County Planning and Development
Department.”
g.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.

h.
The following R1-6 RUPD standards shall apply:
1.
Front Yard Setback: 15 feet
2.
Rear Yard Setback: 20 feet
3.
Minimum Lot Area: 4,378 square feet
4.
Minimum Lot Area per Dwelling Unit: 7,000 square feet
5.
Minimum Lot Width: 45 feet
6.
Maximum Lot Coverage: 55%

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, the property shall revert to the zoning that existed on the date
of application. It is, therefore, stipulated and agreed that either revocation due
to the failure to comply with any conditions, does not reduce any rights that
existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held
on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the
Zone Change is granted and reverting to the prior zoning results in the same value
of the property as if the Zone Change had never been granted.

Presented by:

Jose Castañeda, Planner
Reviewed by:

Darren Gerard, AICP, Planning Manager

Attachment:

7/23/20 P&Z Packet (22 pages)

Note:
7/23/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.

Z2019123
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
Z2019123 - Trethan Farms

Hearing Date:
July 23, 2020

Supervisor District:
4

Applicant:
Adam Baugh, Withey Morris PLC

Owner:
Jewel Investment Company LP/ETAL

Request:
Rezone from Rural-43 and C-3 to R1-6 RUPD

Site Location:
Generally located at the southwest corner of Olive Ave. & Cotton
Ln.

Site Size:
Approx. 18.7 acres

Density:
4.06 d.u./ac.

County Island:
No

County Plan:
White Tanks Grand Avenue Area Plan – Rural (0-1du/ac)

Municipal Plan:
Glendale – MDR 3.5 – Medium Density Residential (2.5-3.5 d.u./ac.)

Scenic Corridor:
Olive Avenue Scenic Corridor

Municipal Comments:
None received

Support/Opposition:
None known

Recommendation:
Approve with conditions

Z2019123
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Project Summary:

1.
Adam Baugh of Withey Morris, on behalf of the Jewel Investment Company LP, requests
a zone change from Rural-43 and C-3 to R1-6 RUPD on approximately 18.7 acres, located
on the southwest corner of Olive Avenue and Cotton Lane in the Glendale area. A
concurrent preliminary plat containing 76 single-family lots and 3 tracts is in process with
the county as case S2020008.

2.
The applicant has applied for an RUPD as part of this zone change to obtain a R1-6 RUPD
designation for the entire property and to implement certain variations to the R1-6 base
zone development standards. The following table lists the development standards to be
varied under the R1-6 RUPD in (bold).

Regulation
Existing R1-6 Base
Standards
Proposed R1-6 RUPD
Standards
Maximum Structure Height
30’ / 2 Stories
30’ / 2 Stories
Minimum Front Yard
20’
15’
Minimum Side Yard
5’
5’
Minimum Street Side Yard
10’
10’
Minimum Rear Yard
25’
20’
Minimum Lot Area
6,000 sq. ft.
4,378 sq. ft.
Minimum Lot Width
60’
45’
Lot Area Per Dwelling Unit (D.U.)
6,000 sq. ft.
7,000 sq. ft.
Maximum Lot Coverage
50%
55%
Parking Spaces
2
2

3.
The attached zoning map on the next page shows the current Rural-43 and C-3 zoning
designations of the subject property, which would be revised to the R1-6 RUPD zoning
designation upon approval of the zone change.

4.
The proposed subdivision is Trethan Farms, a new, single-family residential subdivision of
76 lots and 3 tracts. The subdivision will have a maximum gross density of 4.06 dwelling
units per acre (d.u./ac.). Approximately 5.1 acres or 27% of the approximately 18.7 acre
property will be dedicated open space, including minimum 30 ft. wide buffers along all
property boundaries and 82 ft. between the west property boundary and the nearest
residence proposed on the subject property. External ROW dedications have been
made previously and no further dedications are anticipated to be necessary. The
subdivision will likely be developed in a single phase.

Z2019123
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Current Zoning Districts

2020 Aerial Image

Z2019123
Page 4 of 7
Existing On-Site and Adjacent Zoning / Land Use:

5.
On-site:

Rural-43 & C-3 / Vacant
North:
Rural-43 & C-3 (South of Olive Ave.), Rural-43, C-3 & IND-3 (North of
Olive Ave.) / Vacant & Single Family Residential (South of Olive Ave.),
Vacant & Commercial (North of Olive Ave.)
South:
R1-8 RUPD / Vacant (North of Granite Vista Loop.), R1-6 RUPD

/ Granite Vista DMP (South of Granite Vista Loop.)
East:
Rural-43 & C-3 (East of Cotton Ln.) / Commercial & Single Family

Residential (East of Cotton Ln.)
West:
Rural-43 / Vacant & Single-family Residential

Utilities and Services:

6.
Water:

EPCOR
Wastewater:
EPCOR
School District:
Dysart Unified School District #89
Fire:
Rural Metro
Police:
MCSO

Right-of-Way:

7.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.

Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Olive Avenue
Varies 122’-145’
No Change
Principal Arterial
Cotton Lane
83’
83’
Principal Arterial
Granite
Vista
Loop
40’
40’
Local

Adopted Plans:

8.
White Tank Grand Ave. Area Plan (adopted December 2000): The property is designated
for Rural Densities (0-1 d.u./ac.).

9.
Olive Avenue Scenic Corridor: The project is enacting some provisions of the OASC
guidelines such as; installing vegetation/revegetation, keeping the landscape palette
consistent with the surrounding area, and limiting homes to 30’ in height adjacent to Olive
Avenue.

10.
Glendale General Plan (adopted September 2016): The parcel is designated for Medium
Density Residential (2.5-3.5 du/ac).

Public Participation Summary:

11.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the property and notification by first class mail to adjacent property
owners within 300’ of the subject parcel and interested parties. After submitting both
applications on November 12, 2019, the applicant held a neighborhood meeting on

Z2019123
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January 27, 2020 at Mountain View Elementary. Attendees had general questions
regarding; setbacks, building height, and privacy concerns. As a result of the meeting
the applicant replaced residential lots on the western boundary with a 30’ landscaped
tract. To improve privacy the applicant is limiting dwellings to a single-story on the western
boundary. The applicant posted the property on December 4, 2019 and revised the
posting to identify a revised hearing dates.

Outstanding Concerns from Reviewing Agencies:

12.
Reviewing agencies have raised no objections to the proposed project.

Staff Analysis:

13.
Trethan Farms subdivision exceeds the County’s (0-1 d.u./ac.) density target identified for
the area under the White Tanks / Grand Avenue Area Plan, but with an area of only
18.7 acres, the requested zone change does not require an amendment to the Area
Plan. The proposed density also exceeds the City of Glendale’s 2.5 to 3.5 d.u./ac.
designation under its General Plan. Glendale has made no comment about the
proposal. County Engineering has signed off on this project with conditions. MCESD
noted that approval to construct (ATC) may be needed at time of development; if
applicable, prior to final plat approval, and raised no objections to the proposal.

14.
Staff notes the proposed zone change consistent with the higher density development
occurring in the area, which includes similar projects to the south (Granite Vista) and to
the west (White Tank Foothills). The proposed rezone is in character with the existing
residential development in the area.

Recommendation:

15.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’-‘j’:

c.
The applicant/property owner shall submit a ‘will serve’ letter for fire protection
services for the project site. A copy of the ‘will serve’ letter shall be required as part
of the initial construction permit submittal.

d.
All buildings shall be subject to noise attenuation as per ARS § 28-8482(B) and
Maricopa County requirements.

e.
The following Planning Engineering comments shall apply:

Z2019123
Page 6 of 7
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.
Storm water retention for the development of this site shall be in
accordance with MCZO 1205.7.6.2.
3.
A traffic impact study must be submitted with any future entitlement
application (i.e. Preliminary Plat).
4.
An application for a CLOMR must be submitted to the Flood Control District
of Maricopa County concurrent with any future entitlement application
(i.e. Preliminary Plat).
5.
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

f.
The master developer shall notify future homeowners that they are located within
the state-defined “territory in the vicinity of a military airport” with the following
language:

“You are buying a home or property in the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. Your house should include
sound attenuation measures as directed by State law. You will be subject to direct
over flights and noise by Luke Air Force Base jet aircraft in the vicinity.

Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.

Such notification shall be recorded on all Final Plats, be permanently posted on
not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently
posted on the front door of all home sales offices on not less than an 8½ inch by
11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs)
as well as the Public Report and conveyance documents.

For further information, please check the Luke Air Force Base website at
www.luke.af.mil/ or contact the Maricopa County Planning and Development
Department.”

Z2019123
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g.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.

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.

Presented by:
Jose Castañeda, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor