Extracted text (via pymupdf)
33223 characters
July 22, 2020 Z2019130 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: July 22, 2020 (Cont. from June 24, 2020) Case #/Title: Z2019130 – Beth Emeth Congregation Zone Change Request Supervisor District: 4 Applicant &Owner: Jordan Colbert, Beth Emeth Congregation Request: Zone Change from Rural-43 to R-5 Site Location: Generally located approx. 650 feet north of the NWC of the intersection of R.H. Johnson Blvd. and Meeker Blvd., in the Sun City West area Site Size: Approximately 1.3 acres County Island Status: N/A Additional Comments: The request is to change the zoning designation of parcel 503-65-011A (subject property) from its current Rural-43 designation to R-5. The case was continued from the April 8, 2020 BOS hearing to the June 24, 2020 BOS hearing, and from the June 24, 2020 BOS hearing to the July 22, 2020 BOS hearing. Both continuances were to allow the applicant time to address neighborhood concerns regarding potential building height, density and traffic impacts. There will be subsequent administrative approval of a precise Plan of Development (POD). The intent is to provide for future development of senior housing (age-restricted to 55 years and older) on the subject property by a future property owner/developer. Condition ‘i’ included with this report is to implement the 55-year minimum age restriction. One (1) letter of support was submitted to staff on March 10, 2020 and thirty eight (38) letters of opposition were submitted to the Commission by neighboring residents. Two (2) additional letters of opposition were submitted to staff on March 31, 2020, resulting in a total of forty (40) letters of opposition and one (1) letter of support, not including the following correspondence. According to the applicant, discussions with representatives of the neighborhood opposition have resulted in an agreement to implement certain limitations on the R-5 July 22, 2020 Z2019130 Page 2 of 4 development standards. On June 24, 2020 Ken Told (Brookside HOA Representative) Brian Halhead (Indian Wells HOA Representative) and Jordan Colbert (Beth Emeth Congregation Authorized Agent/Applicant) signed a “Good Neighbor” agreement to withdraw all 40 of the letters of objection that were submitted by members of those two HOAs if conditions were added to the approval of Z2019130 to stipulate a maximum building/structure height of 30 ft., a rear (west) building setback of 40 ft. and limitations on off-site lighting were implemented under a future Plan of Development. Because this agreement results in the withdrawal of all 40 of the Letters of Objection, the Super- majority vote no longer applies. These new conditions ‘j’ and ‘k’ are in addition to conditions of approval ‘a’ – ‘i,’ which were recommended for approval by the Commission. Staff recommends the Board motion for approval with inclusion of conditions ‘j’ and ‘k’ as follows to address the concerns raised by area residents. j. Any future Plan(s) of Development for the subject property shall include a maximum building/structure height of 30' and a minimum setback of 40' from the northwest property line. k. All outdoor lighting shall be shielded and directed downward below the horizontal plane to ensure there is no illumination of nor light trespass onto adjacent properties and there shall be no illuminated signs. Commission Recommendation: On 3/12/20, the Commission voted 7-0 to recommend approval of Z2019130 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Beth Emeth Congregation – Zone Change Exhibit,” consisting of 1 8.5 x 11-inch sheet, stamped received February 3, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Beth Emeth Congregation Rezone Request”, consisting of 4 pages, dated February 16, 2020 and stamped received February 18, 2020, except as modified by the following conditions. 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. July 22, 2020 Z2019130 Page 3 of 4 2. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 3. 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. All future buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights per day. Although Luke's primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” f. 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. g. 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. July 22, 2020 Z2019130 Page 4 of 4 h. 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. i. CC&Rs shall be recorded in association with the subject property and shall include an age-restriction as outlined below. It shall be the responsibility of the Homeowners’ Association to enforce the CC&Rs. Failure to comply with this Condition of Approval will be considered substantial noncompliance with this zone change approval and grounds for the Planning and Zoning Commission to consider revocation of approval of the zone change and for the site to revert back to its original Rural-43 zoning designation. An age restriction shall be recorded in CC&Rs associated with the subject property prior to issuance of the first building permit on the subject property that states: “All dwelling units on the subject property will be occupied by at least one (1) person not less than 55 years in age and no person 18 years or younger will be allowed to reside there for longer than 90 days.” Reviewed by: Sean Watkins, Planner Presented by: Darren Gérard, AICP, Planning Manager Attachments: 3/12/20 P&Z Packet (18 pages) PZ handout letter in support (1 page) PZ handout letters in opposition (40 pages) Opposition/Proponent Agreement Letter (1 page) Brian Halhead COA Approval Email (5 pages) Ken Told COA Approval Email (5 pages) Note: 3/12/20 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2019130 Page 1 of 8 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2019130 – Beth Emeth Congregation Zone Change Request Hearing Date: March 12, 2020 Supervisor District: 4 Applicant: Jordan Colbert, Beth Emeth Congregation Owner: Beth Emeth Congregation Request: Zone Change from Rural-43 to R-5 Site Location: Generally located approx. 650 feet north of the NWC of the intersection of R.H. Johnson Blvd. and Meeker Blvd., in the Sun City West area Site Size: Approx. 1.3 acres Density: N/A County Island: No County Plan: White Tank / Grand Avenue – Retirement Community Medium Density Residential (0-1 d.u./ac), and Wickenburg Highway Scenic Corridor Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2019130 Page 2 of 8 Project Summary: 1. Jordan Colbert, the Applicant on behalf of the property owner, the Beth Emeth Congregation, requests to change the zoning designation of parcel 503-65-011A (subject property) from its current Rural-43 designation to R-5 with no precise Plan of Development (POD). The intent is to provide for future development of senior housing (age-restricted to 55 years and older) on the subject property by a future property owner/developer. 2. The subject property is the western half of Parcel “B” of Sun City West, Unit 1-C, which was approved by the County Board of Supervisors on January 3, 1984 and recorded January 4, 1984. According to County Assessor’s data, Parcel “B” was APN: 503-65-011 until it was split into two parcels (503-65-011A and 503-65-011B) on October 12, 2018. Currently, the subject parcel (503-65-011A) is a parking lot serving the existing Beth Emeth Congregation Synagogue on parcel 503-65-011B. The original building and associated parking were built well before the year 2000 and State record retention policies required the destruction of any related County building permit records many years ago. Historic aerial photographs show no development of parcel 503-65-011 (including the subject property) in 1979. By 1993 (the next year aerial photographs are available) the building that is now the Beth Emeth Congregation and the associated parking on the subject property were in place and appear as they do today. 3. The current zone change request was submitted to Planning and Development on November 22, 2019. A Technical Advisory Committee (TAC) meeting was held on January 21, 2020. Site posting and required notifications have occurred per statutory requirements. To date, no opposition has been received by the Applicant or Staff. The Zone Change Request does not include a POD or any requests for deviations from the R-5 development standards. Accordingly, future development of the property will require POD approval prior to issuance of any building permits. 4. Because Sun City West is an age-restricted community, an age restriction applicable to residents of the housing to be constructed in the future on the subject property, pursuant to the requested R-5 zoning designation, is appropriate. The age restriction will be implemented under a Covenant, Code and Restriction (CC&R) document to be recorded in association with the subject property prior to approval of any future building permit on the subject property. Condition of Approval ‘i’ included with this report to implement the required 55-year minimum age-restriction including the language Staff suggests to be recorded in CC&Rs to enforce the required age restriction on the subject property. Z2019130 Page 3 of 8 Zoning Exhibit 2019 Aerial Photograph Z2019130 Page 4 of 8 2019 Aerial Photograph (Wide View) Zoning Map Z2019130 Page 5 of 8 Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 Wickenburg Highway Scenic Corridor (WHSC) / Parking North: Rural-43 WHSC / Church South: C-2 WHSC / Church East: Rural-43 WHSC / Synagogue West: R-3 WHSC / Single-family Residential Utilities and Services: 6. Water: EPCOR Wastewater: EPCOR School District: N/A Fire: North County Fire and Medical Authority Police: Maricopa County Sheriff Adopted Plan: 7. White Tank / Grand Avenue – Medium Density Residential (0-1 d.u./ac) (adopted December 6, 2000). The Land Use designation is Retirement Community. Public Participation Summary: 8. Site posting and required notifications have occurred per statutory requirements. To date, no opposition has been received. According to the Citizen Participation Report a letter discussing the future intentions of the Applicant pursuant to the current Zone Change Request was mailed on December 27, 2019 to property owners within 300 feet of the subject property. The letter included an invitation to an informational meeting held on January 8, 2020, at 6:30 p.m., at the Beth Emeth Congregation Synagogue (13702 W. Meeker Blvd, Sun City West, directly east of the subject property). Approximately 15 people attended the meeting. The subject property was posted on December 27, 2019. Follow-up site posting (including identification of the March 12, 2020 Planning and Zoning Commission and April 8, 2020 Board of Supervisors hearing dates) commenced on February 11, 2020 and follow-up notification letters (also identifying the two public hearing dates) was mailed by staff to properties within 300 feet of the subject property on February 25, 2020. Outstanding Concerns from Reviewing Agencies: 9. N/A Staff Analysis: 10. Staff is in support of the Zone Change request. The property is served by public water and sewer, and has access via a 31.5 foot wide ingress/egress easement through the parcel to the east (503-65-011B) to Meeker Blvd., currently a five-lane, Minor Collector with future designation as a Principal Arterial. Surrounding properties include existing churches to the Z2019130 Page 6 of 8 north and south, an existing synagogue to the east, and existing R-3 zoned, small lot, single-family, age-restricted (minimum 55 years) residential properties to the west. Because the subject property (and Sun City West generally) is not within a designated school district and because the existing residential properties in the area are age-restricted, any future residential use of the subject property will also be age-restricted to a minimum of 55 years. Further design considerations (such as noise attenuation required under ARS § 28-8482(B) and Maricopa County Local Additions and Addenda Section 209 due to the subject property’s location in the Vicinity of Luke Air Force Base) will be determined and implemented as part of a required future POD and/or subsequent building permit(s). Luke Air Force Base commented on the current zone change request and raised no objection in an email to Staff dated December 4, 2019. 11. Wickenburg Highway Scenic Corridor (adopted 1991). Per MCZO 1008.3.1: “Uses allowed within the Scenic Corridor Overlay District shall remain the same as specified in the primary district with which the Overlay District has been combined. However, because of the amount and proliferation of existing commercial zoning, additional commercial zoning (C-O, C-S, C-1, C-2, C-3) will be discouraged…” The regulation goes on to describe transfers of commercial zoning designations depending on the classification of the property (as identified in MCZO 1008.2.5). The subject property is Class 1 of the Wickenburg Highway Scenic Corridor, however, it is not commercially zoned and will not be in association with the current zone change request. Accordingly, the Wickenburg Highway Scenic Corridor, and the associated classification, have no effect on the current proposal. Recommendation: 12. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Beth Emeth Congregation – Zone Change Exhibit,” consisting of 1 8.5 x 11-inch sheet, stamped received February 3, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Beth Emeth Congregation Rezone Request”, consisting of 4 pages, dated January 27, 2020 and stamped received February 18, 2020, except as modified by the following conditions. 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. 2. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). Z2019130 Page 7 of 8 3. 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. All future buildings subject to noise attenuation as per ARS § 28-8482(B). e. The master developer shall notify future homeowners that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights per day. Although Luke's primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” f. 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. g. 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. Z2019130 Page 8 of 8 h. 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. i. CC&Rs shall be recorded in association with the subject property and shall include an age-restriction as outlined below. It shall be the responsibility of the Homeowners’ Association to enforce the CC&Rs. Failure to comply with this Condition of Approval will be considered substantial noncompliance with this zone change approval and grounds for the Planning and Zoning Commission to consider revocation of approval of the zone change and for the site to revert back to its original Rural-43 zoning designation. An age restriction shall be recorded in CC&Rs associated with the subject property prior to issuance of the first building permit on the subject property that states: “All dwelling units on the subject property will be occupied by at least one (1) person not less than 55 years in age and no person 18 years or younger will be allowed to reside there for longer than 90 days.” Presented by: Sean Watkins, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (1 page) Narrative Report (4 pages) MCENG comments (1 page) MCESD comments (1 page) Luke Air Force Base comments (2 pages) From: Brian Halhead To: Sean Watkins (PND); Ken Told Subject: Re: FW: Z2019130 - DRAFT COAs for your Review/Approval Date: Friday, June 26, 2020 10:05:24 AM Good morning Sean, I hope you are staying well during the crazy times we are going through. Ken and I spoke this morning re the above to make sure we were on the same page as far as your rewording of the COAs. I am in agreement with your rewording of the COAs to be included in your report for BOS approval. Thanks again for your assistance in this matter. Brian Halhead On Fri, Jun 26, 2020, 9:29 AM Sean Watkins (PND), <Sean.Watkins@maricopa.gov> wrote: Good morning Ken, I worked with my managers on the language we feel best implements the terms of your agreement and came up with the two conditions of approval, highlighted below. Please take a look. Jordan reviewed and approved this language. Please don’t hesitate to contact me if you have any questions. I’m “on-call” today, so I get pulled away from my desk frequently. If you call and I don’t answer just leave a quick voice message and I’ll get right back to you. I’m off at about 3:30 today. Thank you! Sean Watkins Planner Maricopa County Planning & Development Department 501 N. 44th Street, Suite 200, Phoenix, AZ 85008 Desk: 602-506-8150 sean.watkins@maricopa.gov From: Jordan Colbert <jcolb7775@cox.net> Sent: Friday, June 26, 2020 7:50 AM To: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov> Subject: Re: Z2019130 - DRAFT COAs for your Review/Approval Good Morning. I read the draft COAs and approve them as written. Please continue with the process. Thanks. Sent from my iPhone On Jun 25, 2020, at 2:37 PM, Sean Watkins (PND) <Sean.Watkins@maricopa.gov> wrote: Hello Jordan, Here are the two draft conditions of approval (COAs) we would add to the staff report (and, therefore, the BOS approval) to implement the terms of the agreement with the neighbors. Please review and let me know if you would like to see any changes. Once we work this out with you, I’ll work with Ken to make certain he agrees with the COAs and if he has any changes, we’ll work with you again before finalizing the report. - Any future Plan(s) of Development for the subject property shall include a maximum building/structure height of 30' and a minimum setback of 40' from the northwest property line. - All outdoor lighting shall be shielded and directed downward below the horizontal plane to ensure there is no illumination of nor light trespass onto adjacent properties and there shall be no illuminated signs. Paraphrasing, the letter references “setback from the northwest brick wall shall be no less than 40 feet.” We referenced the “property line” rather than the wall because they coincide and the wall can be removed more easily than a property line can be changed. Also a “minimum setback of 40 ft.” captures the “no less than” by the definition of a setback, making the extra language unnecessary. Please let me know if you agree to these COAs, or make modifications for us to consider and we’ll get back to you for approval. Thank you! Sean From: Ken Told <kjtseaphx@gmail.com> Sent: Thursday, June 25, 2020 12:37 PM To: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov> Subject: Case # Z2019130-BETH EMETH CONGREGATION Sean, Attached you will find an agreement struck between Beth Emeth and the affected residents who signed letters of objection for the R5 rezoning request listed above. These residents reside in the Sun City West HOAs called Brookfield and Indian Wells. This is a "Good Neighbor" agreement, so it is articulated as well as laymen from both parties can manage. The most important thing is that the agreement is reviewed by the board of development to ensure it will be included as conditions to any rezoning approval that may be granted in case # Z2019130. If there is any problem with the details, PLEASE let us know in a timely manner so we can address the issue. If this will suffice as the framework for conditions, please advise us as soon as practical and we will expect the conditions to be given serious consideration by the board and included in the final judgment. Let me know if you need anything else from me on this subject. We are all kind of new at this. Respectfully, Ken Told Brian Halhead Jordan Colbert <Z2019130 BE letter of conditions reszoning.pdf> From: Ken Told To: Sean Watkins (PND); Brian Halhead; jcolb7775@cox.net Subject: Re: FW: Z2019130 - DRAFT COAs for your Review/Approval Date: Friday, June 26, 2020 9:52:32 AM Sean, I approve of the language you included that articulated the conditions we submitted. - Any future Plan(s) of Development for the subject property shall include a maximum building/structure height of 30' and a minimum setback of 40' from the northwest property line. - All outdoor lighting shall be shielded and directed downward below the horizontal plane to ensure there is no illumination of nor light trespass onto adjacent properties and there shall be no illuminated signs. Ken Told On Fri, Jun 26, 2020 at 8:29 AM Sean Watkins (PND) <Sean.Watkins@maricopa.gov> wrote: Good morning Ken, I worked with my managers on the language we feel best implements the terms of your agreement and came up with the two conditions of approval, highlighted below. Please take a look. Jordan reviewed and approved this language. Please don’t hesitate to contact me if you have any questions. I’m “on-call” today, so I get pulled away from my desk frequently. If you call and I don’t answer just leave a quick voice message and I’ll get right back to you. I’m off at about 3:30 today. Thank you! Sean Watkins Planner Maricopa County Planning & Development Department th 501 N. 44 Street, Suite 200, Phoenix, AZ 85008 Desk: 602-506-8150 sean.watkins@maricopa.gov From: Jordan Colbert <jcolb7775@cox.net> Sent: Friday, June 26, 2020 7:50 AM To: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov> Subject: Re: Z2019130 - DRAFT COAs for your Review/Approval Good Morning. I read the draft COAs and approve them as written. Please continue with the process. Thanks. Sent from my iPhone On Jun 25, 2020, at 2:37 PM, Sean Watkins (PND) <Sean.Watkins@maricopa.gov> wrote: Hello Jordan, Here are the two draft conditions of approval (COAs) we would add to the staff report (and, therefore, the BOS approval) to implement the terms of the agreement with the neighbors. Please review and let me know if you would like to see any changes. Once we work this out with you, I’ll work with Ken to make certain he agrees with the COAs and if he has any changes, we’ll work with you again before finalizing the report. - Any future Plan(s) of Development for the subject property shall include a maximum building/structure height of 30' and a minimum setback of 40' from the northwest property line. - All outdoor lighting shall be shielded and directed downward below the horizontal plane to ensure there is no illumination of nor light trespass onto adjacent properties and there shall be no illuminated signs. Paraphrasing, the letter references “setback from the northwest brick wall shall be no less than 40 feet.” We referenced the “property line” rather than the wall because they coincide and the wall can be removed more easily than a property line can be changed. Also a “minimum setback of 40 ft.” captures the “no less than” by the definition of a setback, making the extra language unnecessary. Please let me know if you agree to these COAs, or make modifications for us to consider and we’ll get back to you for approval. Thank you! Sean From: Ken Told <kjtseaphx@gmail.com> Sent: Thursday, June 25, 2020 12:37 PM To: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov> Subject: Case # Z2019130-BETH EMETH CONGREGATION Sean, Attached you will find an agreement struck between Beth Emeth and the affected residents who signed letters of objection for the R5 rezoning request listed above. These residents reside in the Sun City West HOAs called Brookfield and Indian Wells. This is a "Good Neighbor" agreement, so it is articulated as well as laymen from both parties can manage. The most important thing is that the agreement is reviewed by the board of development to ensure it will be included as conditions to any rezoning approval that may be granted in case # Z2019130. If there is any problem with the details, PLEASE let us know in a timely manner so we can address the issue. If this will suffice as the framework for conditions, please advise us as soon as practical and we will expect the conditions to be given serious consideration by the board and included in the final judgment. Let me know if you need anything else from me on this subject. We are all kind of new at this. Respectfully, Ken Told Brian Halhead Jordan Colbert <Z2019130 BE letter of conditions reszoning.pdf>