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September 1, 2021
Z2021062
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
September 1, 2021
Case #/Title:
Z2021062 – Marbella Ranch East
Supervisor District:
4
Applicant/Owner:
Joe Walsh, Walsh Design Group / Midwest Land Trust, LLC
Request:
Zone Change from Rural-43 to R-5 RUPD
Site Location:
Approx. 1,280’ south of the SEC of Northern Ave. and El
Mirage Rd., in the Glendale area
Site Size:
Approximately 36.7 acres
County Island Status:
N/A
Additional
Comments:
The applicant requests a zone change with overlay from
Rural-43 to R-5 RUPD to development multi-family attached
residences and single-family detached residences, to be
rented or leased, located on a single parcel. Upon approval
of the current request, a Plan of Development (POD) will be
necessary to complete the entitlement for residential
development of the subject property. Staff is aware of no
outstanding concerns from reviewing agencies nor any
public opposition.
Commission
Recommendation:
On 8/5/21, the Commission voted 6-0 to recommend
approval of Z2021062 subject to conditions ‘a’ – ‘k’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Marbella Ranch East”, consisting of 1 full-size sheet, dated and stamped
received July 6, 2021, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative for Rezone of Marbella Ranch East”, consisting
of 7 pages, dated and stamped received July 6, 2021, except as modified by the
following conditions.
c.
The following R-5 RUPD standards shall apply:
1.
Front yard: 15 ft.
2.
Rear yard: 15 ft.
September 1, 2021
Z2021062
Page 2 of 4
3.
Minimum lot area: 3,000 sq. ft.
4.
Minimum lot width: 40 ft.
5.
Garage setback to alley line: 3 ft.
d.
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. preliminary plat or plan of development).
3.
Dedication of right-of-way for El Mirage Road may be required as part of
future entitlement application(s).
4.
The site contains regulated floodplains. Encroachment into FEMA Zone AE
and FW floodplains/floodways is extremely restrictive. The applicant must
address requirements required to develop the site as the project progresses
through future entitlement(s).
5.
The applicant must address how improvements, residences and other
improvements necessary for development of the site will be protected from
scour along the Agua Fria River (34,500 cfs) as development plans progress
and are submitted to the County for further review and/or entitlement.
6.
Engineering review of re-zone cases is conceptual in nature. 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.
e.
The following Maricopa County Environmental Services Department (MCESD)
condition shall apply:
1.
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.
f.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
September 1, 2021
Z2021062
Page 3 of 4
g.
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.
h.
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.
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.
September 1, 2021
Z2021062
Page 4 of 4
k.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for five (5) years, within which time the subject site shall
obtain an approved plan of development or final subdivision plat, and an issued
infrastructure permit for initial development. If this term is not met the Planning and
Development Department may present the R-5 RUPD zoning for Z2021062 to the
Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission), for consideration of amendments or revocation of
zoning due to undeveloped parcels.
Presented by:
Sean Watkins, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
8/5/21 P&Z Packet (24 pages)
Note:
8/5/21 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Z2021062
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021062 – Marbella Ranch East
Hearing Date:
August 5, 2021
Supervisor District:
4
Applicant:
Joe Walsh, Walsh Design Group
Owner:
Midwest Land Trust, LLC
Request:
Zone Change from Rural-43 to R-5 RUPD
Site Location:
Approx. 1,280’ south of the SEC of Northern Ave. and El Mirage Rd.,
in the Glendale area
Site Size:
Approx. 36.7 acres
Density:
8.5 d.u./ac
County Island:
No
County Plan:
White Tanks Grand Avenue Area Plan – Mixed Use Employment
Municipal Plan:
City of Glendale 2040 General Plan – Heavy Industrial (HI)
Municipal Comments:
None received to date
Support/Opposition:
None known to date
Recommendation:
Approve with conditions
Z2021062
Page 2 of 10
Project Summary:
1.
The Applicant, Joe Walsh, Walsh Design Group, requests a zone change with overlay from
Rural-43 to R-5 RUPD for contiguous parcels 501-54-012M and 501-54-012N, which
comprise approximately 36.7 acres. The subject property lies approximately 1,280 ft. south
of the southeast corner of Northern Ave. and El Mirage Rd., in the Glendale area. The
subject property is mostly vacant, with 100-year floodplain and floodway lying on the
eastern portion of the property. An uninhabitable, vacant structure exists on 501-54-012N
but will be removed with future development.
2.
The property is located within the Territory in the Vicinity of a Military Airport, specifically
Luke Air Force Base (LAFB), which requires sound attenuation to be included in the design
of all future residences on the property (Maricopa County Location Additions and
Addenda, Section 209). LAFB commented on June 16, 2021 that future residential
development of the property is not anticipated to negatively affect flight operations at
LAFB.
3.
The RUPD overlay proposes five modifications of the base, R-5 zone development
standards. The following table illustrates and contrasts the applicable development
standards of the R-5 zone, and other provisions of the MCZO, with those proposed for the
requested R-5 RUPD (Note: changes to base standards are indicated in bold).
Standard
Base
R-5 Standards
Proposed
R-5 RUPD Standards
Maximum Height
40’
40’
Front Yard Setback1
20’
15’
Interior Side Setback
5’
5’
Street-Side Setback
10’
10’
Rear Setback2
25’
15’
Lot Area3
6,000 sq. ft.
3,000 sq. ft.
Lot Width4
60’
40’
Lot Area per Dwelling Unit
1,000 sq. ft.
1,000 sq. ft.
Lot Coverage
60%
60%
Parking Spaces
2
2
Garage Setback to Alley
Line5
10’
3’
1 MCZO Art. 702.4.1.a
2 MCZO Art. 702.4.3
3 MCZO Art. 702.5.1
4 MCZO Art. 702.5.2
5 MCZO Art. 1106.2
Z2021062
Page 3 of 10
Zoning Map
(Subject Property Outlined in Red)
2020 Aerial Photograph
(Subject Property Outlined in Red)
Z2021062
Page 4 of 10
Excerpt of Zoning Exhibit
Vicinity Zoning Map
Glendale
El Mirage
Z2021062
Page 5 of 10
Sections 1 and 2:
White Tank Grand Ave. Mixed Use Employment (Purple)
4.
It should be noted that the applicant is not proposing a site plan (required Plan of
Development [POD]) at this time. According to the project narrative, future development
of the subject property is anticipated to comprise multi-family attached residences and
single-family detached residences to be offered for rent/lease, located on a single,
combined parcel. The goal is to create a mix of housing types in a well-designed,
pedestrian friendly, and community-oriented neighborhood. A POD will be necessary to
complete the entitlement for residential development of the subject property. The zone
change is a legislative approval while the POD is administratively approved. Therefore,
future POD approval is contingent upon prior approval of the current zone change
request.
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-43 / vacant (uninhabitable structure to be removed)
North:
Rural-43 / vacant
South:
Rural-43 & Mining Exemption / Dysart Drain, Mining
East:
Rural-43 & Mining Exemptions / Mining
West:
El Mirage Rd. then R-5 &R-5 RUPD / vacant
Utilities and Services:
6.
Water:
Liberty Utilities
Wastewater:
Liberty Utilities
School Districts:
Dysart Unified School District #89
Fire:
Rural Metro
Police:
MCSO
Section 2, T2N, R1W
Section 1, T2N, R1W
Z2021062
Page 6 of 10
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
El Mirage Road
33-ft
65-ft
Minor Arterial
Adopted Plans:
8.
Maricopa County White Tank / Grand Avenue (adopted December 6, 2000): The Area
Plan designates the subject property for Mixed Use Employment. This category identifies
locations of major planning area employment centers, with emphasis on cohesive and
comprehensive planned environments. Uses permitted in this category include offices,
light industrial, business and research parks, government facilities, post-secondary
educational facilities and major medical facilities. However, residential uses are not
allowed in mixed-use employment centers. Compatibility with adjacent current and
future land uses is an important consideration and developments are subject to plan
review and approval. However, as shown in the Vicinity Zoning and White Tanks / Grand
Ave. Section 1 and 2 maps, above, the majority of the purple Mixed Use Employment
area in Section 2, T2N, R1W, was rezoned to R-5 RUPD and several plats were approved
subsequent to the adoption of this sub-area plan to provide for the Marbella Ranch and
Luke Landing subdivisions. Together, those two subdivisions comprise approximately 1,428
single-family attached and detached dwelling units on approximately 287 acres,
resulting in an approximate density of 5.0 dwelling units per acre. The current proposal is
an eastward extension of that residential development, albeit at a higher density of
approximately 8.5 dwelling units per acre. The proposed intensity of residential use is
similar to the Mixed Use Employment designation and the future design will emphasize a
cohesive and comprehensive planned environment, pursuant to the goals of this Area
Plan.
9.
City of Glendale 2040 General Plan (adopted April 16, 2016): The Area Plan designates
the subject property Heavy Industrial (HI). This designation is intended to provide for
capital-intensive operations that manufacture or fabricate products within enclosed or
partially enclosed structures. Heavy Industrial provides for the development and
accommodation of intense industrial activity involving manufacturing, warehousing,
assembly, storage, and industrial processes. These industrial activities involve significant
amounts of noise, heat, mechanical and chemical processing, large amounts of
materials transfer, and large-scale machinery and structures.
Public Participation Summary:
10.
The applicant 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. No agencies, including the City
of Glendale, submitted comments.
Z2021062
Page 7 of 10
Outstanding Concerns from Reviewing Agencies:
11.
To date, Staff has not received comments from reviewing agencies in opposition to the
proposal.
Staff Analysis:
12.
The proposed zone change from Rural-43 to R-5 RUPD, including the requested
development standard modifications, and the residential development anticipated for
the subject property (to be addressed by a future POD), appears appropriate for the
area, and consistent with surrounding land uses and development patterns. The
requested R-5 RUPD designation and future POD are anticipated to provide for a mix of
housing products, including attached and detached single-family residences, all of
which are intended to be offered for rent/lease, under a single ownership. The
anticipated 8.5 dwelling unit per acre (d.u./ac) housing density appears to fit with the
development currently entitled to the west and southwest of the subject property and is
anticipated to support a pedestrian friendly streetscape and community environment,
which is pursuant to the intent of the applicable County sub-area plan and City of
Glendale comprehensive plan designations. Furthermore, Luke Air Force Base stated in a
comment letter dated June 16, 2021 that the proposed development, including the
8.5 d.u./ac. density, will have no effect on their flight operations. As shown in the Zoning
and Section 1 and 2 maps, above, existing and entitled, future development in the
vicinity is characterized mainly by R1-6 RUPD single-family residential subdivisions
(Marbella Ranch and Luke Landing) and densities of approximately 5 d.u./ac. (Z2014011
and Z2015002). While the anticipated density of 8.5 d.u./ac. is higher than the surrounding
properties, the Applicant argues that there is a strong market for the housing products
anticipated for the subject property. Staff finds that the subject property is served by a
municipal water and sewer provider (Liberty Utilities), immediate access to El Mirage
Road and Northern Ave., and the Loop 202 (located approximately 3 miles east of the
subject property). Furthermore, the subject property is an eastern extension of the
previously entitled and partially constructed Marbella Ranch subdivision, located to the
west and southwest of the subject property, across El Mirage Rd. Rural-43 zoned
properties lie to the north, east and south of the subject property with mining exemptions
and apparent mining activities taking place to the east and south of the subject
property. Accordingly, the proposed residential development will be consistent with the
exiting residential entitlements to the west and is anticipated to have no negative effects
on the properties and activities to the north, east and south. The requested R-5 RUPD
development standard modifications appear appropriate and necessary for the
anticipated development of the subject property.
Recommendation:
13.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘k’.
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Marbella Ranch East”, consisting of 1 full-size sheet, dated and stamped
received July 6, 2021, except as modified by the following conditions.
Z2021062
Page 8 of 10
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Project Narrative for Rezone of Marbella Ranch East”, consisting
of 7 pages, dated and stamped received July 6, 2021, except as modified by the
following conditions.
c.
The following R-5 RUPD standards shall apply:
1.
Front yard: 15 ft.
2.
Rear yard: 15 ft.
3.
Minimum lot area: 3,000 sq. ft.
4.
Minimum lot width: 40 ft.
5.
Garage setback to alley line: 3 ft.
d.
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. preliminary plat or plan of development).
3.
Dedication of right-of-way for El Mirage Road may be required as part of
future entitlement application(s).
4.
The site contains regulated floodplains. Encroachment into FEMA Zone AE
and FW floodplains/floodways is extremely restrictive. The applicant must
address requirements required to develop the site as the project progresses
through future entitlement(s).
5.
The applicant must address how improvements, residences and other
improvements necessary for development of the site will be protected from
scour along the Agua Fria River (34,500 cfs) as development plans progress
and are submitted to the County for further review and/or entitlement.
6.
Engineering review of re-zone cases is conceptual in nature. 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.
e.
The following Maricopa County Environmental Services Department (MCESD)
condition shall apply:
1.
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
Z2021062
Page 9 of 10
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.
f.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
g.
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.
h.
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.
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
Z2021062
Page 10 of 10
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.
k.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for five (5) years, within which time the subject site shall
obtain an approved plan of development or final subdivision plat, and an issued
infrastructure permit for initial development. If this term is not met the Planning and
Development Department may present the R-5 RUPD zoning for Z2021062 to the
Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission), for consideration of amendments or revocation of
zoning due to undeveloped parcels.
Presented by:
Sean Watkins, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Services Manager
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (7 pages)
MCENG comments (2 pages)
MCESD comments (1 page)
Luke Air Force Base comment (2 pages)
501
99
004B
501
99
004J
501
54
012N
501
54
012H
501
54
012L
501
54
012M
MARICOPA COUNTY
Application Name:
Applicant
Applicant Phone/Email
Z2021062
Legal Description
Case Address
Maricopa County Planning & Development - Phoenix, AZ
Parcels
1:2,427
Generated July 12, 2021
T02N R01W 1
Joe Walsh for Walsh Design Group
7713 N EL MIRAGE Rd, GLENDALE, AZ 85307
(602) 619-7581
LANDOC@COX.NET
501-54-012M
East Mesa Crossroads
Gross acres: 35.73
Supervisor District No. 4
Rezone from Rural-43 to R-5 RUPD with overlay
Robert Fedorka, P.E.
Planning & Development
301 W. Jefferson Ave., Suite 170
Phoenix, Arizona 85003
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:
June 21, 2021
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Sean Watkins, Planner, Planning & Development Services
From:
Robert Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2021062 Zone Change Without a Plan of Development
Marbella East
(E1 Memo)
Job Site Address: 7713 N. El Mirage Road
APN(s):
501-54-012M & N
This application is to specify zoning for future development areas and does not include
a Plan of Development.
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st
submittal of the Zone Change application routed for review on June 01, 2021 and has
no objections subject to the following conditions:
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. preliminary plat or plan of development).
3. Dedication of right-of-way for El Mirage Road may be required as part of future
entitlement application(s).
4. The site contains regulated floodplains. Encroachment into FEMA Zone AE and FW
floodplains/floodways is extremely restrictive. The applicant must address
requirements required to develop the site as the project progresses through
future entitlement(s).
5. The applicant must address how improvements, residences and other
improvements necessary for development of the site will be protected from scour
along the Agua Fria River (34,500 cfs) as development plans progress and are
submitted to the County for further review and/or entitlement.
6. Engineering review of re-zone cases is conceptual in nature. 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.
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:
June 1, 2021
TO :
Sean Watkins, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Marbella Ranch East rezone. Z2021062
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced facilities. This project is a request to rezone
from RU-43 to R-5 at APN # 501-54-012N & M. Water will be provided by Liberty
Utility, ATC must be obtained prior to final plat approval. Sewer will be provided by
Liberty Utility, ATC must be obtained prior to final plat approval.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department on June 1, 2021 and the project may proceed at this time
subject to the following 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.
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
16 June 2021
Mr. Christopher P. Toale
Director, Community Initiatives Team
56th Fighter Wing
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Mr. Sean Watkins
Maricopa County Planning & Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
RE: Z2021062; Marbella Ranch East (APNs: 501-54-012M and 501-54-012N)
Dear Mr. Watkins
Thank you for the opportunity to comment on the zone change with overlay application
for Marbella Ranch East. The site sits on approximately 37 acres of vacant land and is located
one quarter mile south of the intersection of Northern Parkway and El Mirage Road in
unincorporated Maricopa County, AZ. The request is to allow a rezone of the parcels for
development of multi-family residential units (R-5). The proposed density for Marbella Ranch
East will be 8.5 dwellings per acre. The site is located .5 miles outside the Luke AFB 1988
JLUS, 65 Ldn, “high noise or accident potential zone,” as identified by A.R.S. § 28-8461, and all
of the property is within the “territory in the vicinity of a military airport,” also defined by
A.R.S. § 28-8461.
In an effort to promote a more compatible co-existence, Luke AFB follows the guidelines
in the Graduated Density Concept (GDC). The GDC proposes, in the absence of a more
restrictive state, county or municipal general or comprehensive plan, graduating densities away
from the 65 Ldn as follows: a maximum of 2 du/ac from the 65 Ldn to 1/2 mile, a maximum of
4 du/ac from 1/2 to 1 mile, and a maximum of 6 du/ac from 1 to 3 miles. This request with a
maximum density of 8.5 du/ac does not fall within these guidelines; however, after careful
review and consideration of the parcel, which will be located east of the base and therefore will
not be within our routine flight paths, we find this request will not negatively impact the flying
operations at Luke AFB.
Since the site is located within the “territory in the vicinity of a military airport,” it will
be subjected to noise from approximately 165 flights per day, we recommend you review the
sound attenuation requirements found in A.R.S. §28-8482. We also encourage an aggressive
notification program on the part of the applicant to inform potential residents about Luke AFB
operations.
If you have any questions, please contact my Community Planner, Mr. Mark James at
(623) 856-9981.
Sincerely
CHRISTOPHER P. TOALE
cc:
Colonel Luke B. Casper, Vice Commander, 56th Fighter Wing
Ms. Cindy L. Allen, GS-13, General and Environmental Law Attorney, 56th Fighter Wing
TOALE.CHRISTOP
HER.P.1039696165
Digitally signed by
TOALE.CHRISTOPHER.P.10396
96165
Date: 2021.06.16 14:32:55 -07'00'