01. Z2023060 Peak View PZ Report
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Case Z2023060
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2023060 – Peak View
Hearing Date:
April 24, 2025
Supervisor District:
4
Applicant:
Wendy Riddell, Berry Riddell LLC
Owner:
GH Peak View
Request:
Zone change with overlay from Rural-43 to R1-35 RUPD
Site Location:
Generally located at the east side of 235th Ave. north of Patton Rd. in the
Wittmann area
Site Size:
Approximately 40 acres of 160 acre parcel
Density:
1.00 du/ac
County Island:
No
County Plan:
White Tank/Grand Ave Area Plan – Single Family Rural
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Case Z2023060
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Project Summary:
1.
The applicant is requesting a zone change with overlay from Rural-43 to R1-35 RUPD to
accommodate a single-family residential subdivision known as Peak View (S2023003) that is
comprised of 48 lots and 4 tracts. The site is located north of the northeast corner of 235th Avenue
and Patton Road and covers 40 acres of the 160-acre parent parcel APN 503-34-033A. The site is
designated Single Family Rural within the White Tank/Grand Ave Area Plan and abuts vacant lots
to the east, north, west, and south. The 65 LDN line frames the eastern boundary of the area being
rezoned. The area east of the contour line is the eastern portion of the parent parcel and is within
the Military Airport and Ancillary Military Facility Overlay (MAAMF), which does not allow for the
development of any new residential uses. The eastern area adjacent will be developed in the
future as industrial uses and a Military Compatibility Permit (MCP) will be required prior to its
development.
2.
The applicant is requesting a zone change from the existing Rural-43 zoning district to R1-35 to
develop the subject site to establish a consistent design and development standards for the
proposed community (subject portion of the parent parcel outside the MAAMF). The proposed
R1-35 RUPD zoning district will maintain the intent of the primary zoning proposed for the site
and allow for the design of the future community to fit seamlessly with the surrounding area and
to be developed despite the MAAMF overlay restraints to the east.
2025 Aerial Image
Case Z2023060
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Context Aerial Image
Rural-43 Zoning Map
Case Z2023060
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65 LDN & Military Overlay Map
3.
The development standards and use regulations for the base R1-35 zoning district and the
proposed RUPD are contrasted below:
Regulation
Base Zoning District Regulations
(R1-35)
Proposed Zoning Regulations
(R1-35 RUPD)
Height
30’
30’
Min. Front Yard Setback
40’
40’
Min. Side Yard Setback
20’
20’
Min. Street Side Yard
Setback
20’
20’
Min. Rear yard Setback
40’
40’
Min. Lot Area
35,000 sq. ft.
35,000 sq. ft.
Lot Area per Dwelling
Unit
35,000 sq. ft.
35,000 sq. ft.
Min. Lot Width
145’
130’
Max. Lot Coverage
30%
30%
Parking
2
2
4.
The applicant is requesting to vary the development standard for the minimum lot width. This is
the only proposed RUPD deviation. The applicant has argued that the greater site (parent parcel)
is overlayed by the MAAMF on the east resulting in a residential building area of a narrow
configuration. A reduced lot with width would allow the lots to be developed within the restraints
of the narrow configuration and density limitation imposed by the LDN line.
Case Z2023060
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Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-43 / Vacant
North:
Rural 43/ Vacant
South:
Rural 43 and Rural 43 MAAMF / Vacant
East:
Rural-43 MAAMF/ Vacant
West:
Rural-43 / Vacant
Utilities and Services:
6.
Water:
Liberty Utilities
Wastewater:
On-site Septic
School District:
Wickenburg Unified #9 School District
Fire:
Wittmann Fire District
Police:
Maricopa County Sheriff’s Office
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
Peakview Road
30’
40’
Major Collector
235th Avenue
55’
65’
Minor Arterial
Adopted Plan:
8.
White Tank Grand Avenue Area Plan (adopted 2023): The White Tank Grand Avenue Area Plan
designates the site as “Single Family Rural” which supports a density of 1 dwelling unit or less per
gross acres.
Public Participation Summary:
9.
The applicant complied with 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 site and interested parties. The applicant submitted a Citizen Participation Results Report.
According to the report, the applicant has not received any comments.
Outstanding Concerns from Reviewing Agencies:
10.
N/A
Staff Analysis:
11.
The proposed zoning district is appropriate allowing for single-family residences outside the
MAAMF with access to Patton Road and Peakview Road from 235th Avenue. The zoning district
is in conformance with the White Tank Grand Avenue Area Plan land use designated Single-family
Rural.
Case Z2023060
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12.
Staff recognizes that the general area surrounding the subject site has been designated to be
developed with rural land uses with the retrains of the Military Overlay LDN line that traverses the
site. The R1-35 RUPD zoning district would be appropriate for the site as it would facilitate the
developed of the future Peak View community (S2023003). Staff is supportive of the proposed
zone change with overlay, with the recommended conditions, due to the general compatibility of
the proposed future use of the site would have to the surrounding land uses.
Recommendation:
13.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023060 subject to the following conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Peakview Subdivision Zoning Exhibit “, consisting of 1 full-size sheet, dated
December 9, 2024, and stamped received March 7, 2025, except as modified by the
following conditions. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the site plan
will be determined in accordance with Chapter 3 of the Maricopa County Zoning
Ordinance. Within 30 days of Board of Supervisor approval, the applicant shall provide
staff a revised zoning exhibit to reflect the 40 acres being rezoned.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Peak View Zone Change with Overlay Narrative”, consisting of 6 pages, dated
February 4, 2025, and stamped received March 7, 2025, except as modified by the
following conditions. Within 30 days of Board of Supervisor approval, the applicant shall
provide staff a revised narrative report to reflect the 40 acres being rezoned.
c.
This rezone should only apply to 40 acres of parcel 503-34-033A, located outside of the
65 LDN. Future development of the eastern portion of the site, within the MAAMF overlay
should be subject to a Military Compatibility Permit.
d.
The following R1-35 RUPD standards shall apply:
1.
Minimum Lot Width measured from the required front yard setback: 130 ft.
2.
Maximum Gross Density: 1 du/ac.
e.
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 number of proposed building
lots/units, 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, grading and drainage plans, and drainage reports must be
submitted with future entitlement (POD or Preliminary Plat) application(s).
3.
Conditional Letter of Map Revision (CLOMR/LOMR) is required for the proposed
subdivision. The CLOMR must be approved by the Flood Control District prior to
approval of the Final Plat. The applicant’s decision to continue the design with the
Case Z2023060
Page 7 of 7
understanding that design is proceeding “At-Risk” considering FEMA has not
approved the CLOMR/LOMR
a.
CLOMR/LOMR expectations are for homes/residents within the proposed
subdivision does not have to incur extraordinary requirements such as
limitations in development, flood insurance and other floodplain related
restrictions.
4.
Engineering review of Zone change request 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.
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.
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.
Presented by:
Paola Jaramillo, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (6 pages)
Engineering comments (2 pages)
MCESD comments (1 page)
Luke Airforce Comments (2 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 40 approx.
Generated March 19, 2025 3:46 PM
Z2023060
Application Name:
Legal Description
Peak View
Applicant
Case Address
5N 3W 27
ELYSE DIMARTINO
23324 W Peak View RD
Applicant Phone/Email
Parcel Primary:503-34-033A
6028186977
ed@berryriddell.com
Wittmann, AZ 85361
Map scale 1:6,250
Supervisor District No.
A ZONE CHANGE WITH OVERLAY TO ALLOW FOR A SINGLE FAMILY RESIDENTIAL SUBDIVISION
VICINITY MAP
N.T.S.
N. CORTEZ RD.
N. 243RD AVE.
SR-60
W. PATTON RD.
W. DOVE VALLEY RD.
PEAKVIEW
RD.
N. 235TH AVE.
N. 231ST AVE.
SITE
PROJECT NO.
ph: 602.679.4438 web: www.DIVERSIFIEDFUTURE.COM
9015 W. UNION HILLS DRIVE, SUITE 107 #486 PEORIA, ARIZONA 85382
DEVELOPMENT STANDARDS
REGULATION
R1-35
R1-35 RUPD
MAX. HEIGHT
30'
30'
MIN. FRONT YARD
40'
40'
MIN. REAR YARD
40'
40'
MIN. SIDE YARD
20'
20'
MIN. STREET SIDE YARD
20'
20'
MIN. LOT AREA
35,000 SF
35,000 SF
MIN. LOT WIDTH
145'
130'
LOT AREA PER DWELLING UNIT
35,000 SF
35,000 SF
MAX. LOT COVERAGE
30%
30%
PARKING SPACES
2
2
PROJECT INFORMATION
JURISDICTION:
MARICOPA COUNTY
CASE/TRACKING #:
Z2023060
SCHOOL DISTRICT:
WICKENBURG UNIFIED #9
PROPOSED USE:
SINGLE FAMILY RESIDENTIAL
ADDRESS:
NEC N. 235TH AVE & W. PATTON RD.
MARICOPA COUNTY, ARIZONA
APN:
503-34-033A
EXISTING ZONING:
RU-43
PROPOSED ZONING:
R1-35 RUPD
SITE AREA (GROSS):
51.58 AC (2,246,705 SF)
SITE AREA (NET):
47.68 AC (2,076,882 SF)
SITE DENSITY (NET):
0.60 DU/AC
TOTAL ONSITE R/W AREA:
5.96 AC (259,797 SF)
TOTAL OFFSITE R/W AREA:
3.89 AC (169,436 SF)
PEAKVIEW SUBDIVISION
ZONING EXHIBIT
CASE: Z2023060
MARICOPA COUNTY, ARIZONA
24-001
EXISTING ZONING: RU-43
PROPOSED ZONING: R1-35 RUPD
DATE
12.09.2024
NEC OF N 235TH AVENUE & W PATTON ROAD
LEGAL DESCRIPTION
LOCATED IN THE WEST HALF OF SECTION 27, TOWNSHIP 5 NORTH, RANGE 3 WEST,
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA.
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 27, FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION BEARS NORTH 00°15'59" EAST, A DISTANCE OF
2643.43 FEET;
THENCE NORTH 00°15'59" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER
OF SAID SECTION, A DISTANCE OF 378.07 FEET;
THENCE DEPARTING SAID WEST LINE, SOUTH 89°44'01" EAST, A DISTANCE OF 65.00
FEET, TO THE BEGINNING OF A 15.00 FOOT RADIUS, NON-TANGENT CURVE, WHOSE
CENTER BEARS SOUTH 89°44'01" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
90°00'00", AN ARC DISTANCE OF
23.56 FEET;
THENCE SOUTH 89°44'01" EAST, A DISTANCE OF 575.02 FEET;
THENCE SOUTH 00°16'01" WEST, A DISTANCE OF 402.93 FEET, TO THE BEGINNING OF A
3,707.46 FOOT RADIUS, NON-TANGENT CURVE, WHOSE CENTER BEARS NORTH
86°09'08" EAST;
THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°07'23",
AN ARC DISTANCE OF 1,043.27 FEET, TO THE BEGINNING OF A 3,273.19 FOOT RADIUS,
REVERSE CURVE, WHOSE CENTER BEARS SOUTH 70°01'46" WEST;
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 12°11'39", AN ARC DISTANCE OF 696.62 FEET, TO THE BEGINNING OF A 60.00 FOOT
RADIUS, REVERSE CURVE, WHOSE CENTER BEARS NORTH 82°13'24" EAST;
THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 68°15'23", AN ARC DISTANCE OF 71.48 FEET, TO THE BEGINNING OF A 430.00
FOOT RADIUS, REVERSE CURVE, WHOSE CENTER BEARS SOUTH 13°58'01" WEST;
THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 76°16'01", AN ARC DISTANCE OF 572.38 FEET;
THENCE SOUTH 00°14'02" WEST, A DISTANCE OF 361.23 FEET;
THENCE SOUTH 44°39'50" EAST, A DISTANCE OF 24.11 FEET;
THENCE SOUTH 00°17'00" WEST, A DISTANCE OF 64.93 FEET TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 27;
THENCE NORTH 89°43'00" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 110.83 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00°14'02" EAST, A DISTANCE OF 500.00
FEET;
THENCE NORTH 89°43'00" WEST, A DISTANCE OF 1,321.59 FEET TO THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 00°12'42" EAST, ALONG SAID WEST LINE, A DISTANCE OF 2,140.78 FEET
TO THE POINT OF BEGINNING.
CONTAINING 2,246,705.01 SQUARE FEET OR 51.58 ACRES, MORE OR LESS.
Peak View
Zone Change with Overlay Narrative
Case Number: Z2023060
1st Submittal: May 9, 2023
2nd Submittal: January 8, 2024
3rd Submittal: February 4, 2025
Prepared By:
Berry Riddell LLC
Wendy Riddell, Esq.
Elyse DiMartino, Planner
6750 E. Camelback Road, Suite 100
Scottsdale, Arizona 85251
A. REQUEST
The purpose of this request is for approval of a Zone Change with Overlay from RU-43 (Rural-43
– One Acre Per Dwelling Unit) to R1-35 RUPD (Single-Family Residential Zoning District –
35,000 Square Feet Per Dwelling Unit Residential Unit Plan of Development) for approximately
51.58 gross acres of a 160.78-gross-acre (144.66-net-acre) parcel located north of the northeast
corner of 235th Avenue and Patton Road, in the jurisdiction of Maricopa County (the “Site”). The
approval of a Zone Change with Overlay will allow the construction of a single-family residential
on the Site. In the future, the remainder of the larger parcel intends to develop with industrial uses.
The Site comprises the western portion of Maricopa County Assessor’s Parcel Number 503-34-
033A. The intent is the forementioned single-family residential subdivision will occupy the western
portion of the larger parcel. The eastern portion of the parcel will be reserved for future industrial
uses, as shown below.
A RUPD is being requested to address the following development standards:
Regulation
Base Zoning District
Regulations (R1-35)
Proposed Zoning District
Regulations (R1-35 RUPD)
Maximum Height
30’
30’
Minimum Front Yard
40’
40’
Minimum Side Yard
20’
20’
Minimum Street Side Yard
20’
20’
Minimum Rear Yard
40’
40’
Minimum Lot Area
35,000 sq. ft.
35,000 sq. ft.
Minimum Lot Width
145’
130’
Lot Area per Dwelling Unit
35,000 sq. ft.
35,000 sq. ft.
Maximum Lot Coverage
30%
30%
Parking Spaces
2
2
The purpose of the RUPD overlay is to reduce the minimum lot width required in the R1-35
Zoning District from 145’ to 130’. A 65 Ldn line from Luke Airforce Base Auxiliary Field 1
runs on the eastern edge of the Site. Residential development is prohibited within a 65 Ldn line,
which covers the eastern portion of the parcel that is reserved for future industrial uses. The
Graduated Density Concept further restricts residential densities outside of the 65 Ldn line.
Industrial Uses
(Not a Part)
The Graduated Density Concept limits the density on the Site to 2 du/ac. Further, the placement
of the 65 Ldn line, running from north to south, limits the Site’s buildable area to a long, narrow
configuration. In addition, there is significant drainage challenges along the western side of the
Site, further restricting the lot layout and design. Therefore, the lot width reduction is proposed
to carefully plan the lots within the restraints of the narrow configuration and density limitation
imposed by the 65 Ldn line.
B. DESCRIPTION OF PROPOSAL
The Property is currently undeveloped desert land. The proposed Zone Change with Overlay
will allow the Site to develop as a single-family residential subdivision. As previously
mentioned, and shown in the site plan below, the intent is to divide the larger parcel into two
uses. The 51.58-gross-acre Site will be developed with single- family residential uses and the
eastern portion of the larger parcel will be reserved for future industrial development.
The Site will be divided into 29 single-family residential lots of various sizes. Each lot area will
have two designated parking spaces. The development proposes the construction of a new road
to the north, Peak View Road, to allow for future resident connectivity within the Site.
The overall design of the proposed development will be sensitive to the surrounding desert
context and the Peak View Ranch Subdivision to the east of the Site. Landscaping will be
provided in accordance with the Maricopa County Zoning Ordinance.
C. RELATIONSHIP TO SURROUNDING PROPERTIES
The Site is undeveloped desert land zoned Rural-43 (“RU-43”), allowing for one dwelling unit
per acre. The parcel is surrounded to the north, south, and west by vacant, desert land. To the
east of the parcel are single-family residences zoned RU-43 in the jurisdiction of Maricopa
County (the “County”). The undeveloped land to the north of the Site is zoned RU-43 and is in
the jurisdiction of the County. The land located at the southwest corner of the Site is zoned RU-
43 and is not a part of this request. Directly south of the reserved industrial portion of the Site,
across Patton Road, is vacant, desert land zoned RU-43 in the jurisdiction of the County. Directly
south of the residential portion of the Site, across Patton Road, is land zoned Planned Area
Development (“PAD”) in the jurisdiction of the City of Surprise. The Site is bounded on the
west by State Trust Land.
D. LOCATION AND ACESSIBILITY
The Site is located north of the northeast corner of 235th Avenue and Patton Road in the
jurisdiction of Maricopa County. The subject Site is in close proximity to the rapidly developing
Sun Valley Parkway area. The Site is an ideal location to provide additional single-family
residences to commuters employed in the nearby City of Surprise. The addition of single-family
residences will provide an incentive for developers to bring future commercial and industrial
developments to the area.
The Site will have two main access points that feed into internalized private drives. The Site
will be accessible from the south, from Patton Road, and from the north, on Peakview Road.
Patton Road and Peakview Road are part of the existing street system and run east-west along the
northern and southern boundaries of the Site. Patton Road and Peakview Road will connect via
231st Avenue, which is an existing street running north-south along the eastern boundary of the
Site.
E. CIRCULATION SYSTEM
Again, the Site will be accessed via two main drives on existing Patton Road to the south and
Peakview Road to the north. Each access point will feed into an internalized private drive
system. Future residents of the proposed development will be able to travel through the entire
residential development via a spine road that runs north-south through the middle of the
residential development. The main drive will break off into a series of smaller private drives
ending in cul-de-sacs.
A Traffic Impact Statement (“TIS”) has been submitted to MCDOT and is being reviewed as part
of the preliminary plat application (Case Number S2023003).
F. DEVELOPMENT SCHEDULE
The intent is to build the Site in a single phase. The industrial portion of the larger parcel, which
is not part of this rezoning, will be developed as a separate phase.
G. COMMUNITY FACILITIES AND SERVICES
Currently, educational needs are being served by the Wickenburg Unified #9 School
District. The Site is situated near a number of recreational activities including The Giant
Triangle, the Copper Canyon Golf Club, and the White Tank Mountain Regional Park.
H. PUBLIC UTILITIES AND SERVICES
The Site will be served by Liberty Utilities for water service and will utilize septic systems. The
Site will receive electric power service through APS. Refuse and trash collection is handled
through contracts with private collection companies. Telephone services will be provided via
ZONA WYYERD, fiber optics will be provided via MCI (Verizon), and Cable TV will be
provided via Century Link. Police services are provided by Maricopa County Sheriff’s Office
and fire services by Wittmann Fire District.
I. COMPREHENSIVE PLAN
The Site is located within the White Tanks / Grand Avenue Area Plan – military compatible (the
“Area Plan”). Area Plans are regulatory documents that are intended to work in conjunction
with the Comprehensive Plan to provide guidance regarding community characteristics, future
land uses, and special conditions. The Area Plan designates the Site for Rural Residential (0-1
du/ac). A Comprehensive Plan Amendment (CPA) is not required for the residential use. The
residential density proposed is approximately 0.80 du/ac, which is within the designated 0-1
du/ac in the Comprehensive Plan.
J. CONCLUSION
We respectfully request that the Zone Change with Overlay from RU-43 to R1-35 RUPD be
considered for approval. With Maricopa County’s population rapidly growing and the general
demand for housing and employment, it is critical to provide these uses for existing and future
residents.
Page 1 of 2
Anh Harambasic, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
anh.harambasic@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
July 7, 2023
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Paola Jaramillo Quintero, Planner, Planning & Development Services
From:
Anh
Harambasic,
P.E.,
Engineering
Reviewer,
Planning
&
Development Services
via:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Subject:
Request for approval of an MCP for 98.25 acre portion of gross 160.78
acres for Industrial Use.
Job Site Address: NWC Patton Road and 231st Ave
APN(s):
503-34-033A
This application is to request a Zone change for 62.53 acres from RU-43 to R1-35
RUPD.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the zone change request application routed for review on June 21,
2023, 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 number of proposed building
lots/units, 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, grading and drainage plans, and drainage reports must be
submitted with future entitlement (POD or Preliminary Plat) application(s).
3. A Conditional Letter of Map Revision (CLOMR/LOMR) is required for the
proposed subdivision. The CLOMR must be approved by the Flood Control
District prior to approval of the Final Plat. The applicant’s decision to continue
the design with the understanding that design is proceeding “At-Risk”
considering FEMA has not approved the CLOMR/LOMR.
a. CLOMR/LOMR expectations are for homes/residents within the
proposed subdivision not have to incur extraordinary requirements such
Page 2 of 2
as limitations in development, flood insurance and other floodplain
related restrictions.
4. Engineering review of Zone change request 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.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
S u b d i vi s io n @ m a ri co p a .go v
e s d .m a r i c o pa .g o v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the A preliminary plat to allow for a single-family residential subdivision. planning case(s).
Please note the following MCESD requirements for site development:
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
A will serve letter issued by the Utility is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program if the site/development will be provided with water
and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is
required to MCESD’s Subdivision & Infrastructure Program if the site/development
wastewater service is being provided by a Utility.
A will serve letter is required and must indicate approval from local municipality to
discharge onsite wastewater to municipal sewerage system.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of S2023003 , however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. 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 current regulations at the time of application.
Project Name: A preliminary plat to allow
for a single-family residential subdivision.
Primary Contact Name: Wendy Peterson
Planning Application Type: Other
(described below) Preliminary Plat.
APN(s): 503-34-033A
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Paola Jaramillo
Planning Case #: S2023003
Date: June 20, 2023
Water and Waste Management Division
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
17 July 2023
Mr. Christopher P. Toale
Director, Community Initiatives Team
56th Fighter Wing
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Ms. Paola Jaramillo
Planner
Maricopa County – Planning & Development
301 W. Jefferson St. #170
Phoenix, AZ 85003
RE: Z2023060/MCP2023006; Peak View Development (APN: 503-34-033A)
Dear Ms. Jaramillo
Thank you for the opportunity to comment on the concept review application for the Peak
View Development zoning change application. The site sits on approximately 70.44 acres and is
located at 235th Avenue and Patton Road in unincorporated Maricopa County, AZ. The request
is for a zoning change from Rural-43 to R1-35 with Overlay. A portion of the parcel is located
inside the Luke AFB Aux-1 2004 65 Ldn “high noise or accident potential zone,” as identified
by A.R.S. § 28-8461.
Luke Air Force Base (LAFB) follows A.R.S. § 28-8481 when evaluating compatible land
use within the “territory in the vicinity of a military airport. The following denotes what LAFB
considers incompatible development in accordance with A.R.S. § 28-8481.
1). LAFB considers the portion of the proposed residential inside of the Luke AFB Aux-
1 2004 65 Ldn, incompatible with the high noise or accident potential of a military/ancillary
airport and therefore will negatively affect our flying operations and the safety of the
community. We recommend reviewing the noise contour locations for better site plan accuracy.
These contours are available in ArcGIS format via PlanNet provided by Maricopa County.
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. Due to the incorrect
placement of the noise contours on the provided site plan, we are unable to accurately calculate
the du/ac from the 65 Ldn. Therefore, the increase in density from Rural-43 to R1-35 with
Overlay will negatively impact flight operations.
Since the parcel is located within the “territory in the vicinity of a military airport,” it will
be subjected to approximately 170 over flights a day. In addition, a strong notification program
on the part of the applicant is essential to inform potential occupant(s) about Luke AFB
operations.
If you have any questions, please contact my Senior Planner, Ms. Jenn Rahn at
(623) 856-9981.
Sincerely
CHRISTOPHER P. TOALE
cc:
Colonel Keagan L. McLeese, Vice Commander, 56th Fighter Wing
Ms. Demetria Themistocles, GS-13, General Law Attorney, 56th Fighter Wing
Mr. Timothy A. Forero, GS-13, General Law Attorney, 56th Fighter Wing