Vote: approved

Item Text

PZ-1. THE PRESERVE AT GOLDFIELD RANCH Case No: DMP2012004 Supervisorial District: 2 Applicant: Tiffany & Bosco Owner: Carwin Advisors for Goldfield Ranch Realty Holdings Request: Modification of stipulations to the Preserve at Goldfield Ranch Development Master Plan (DMP92-4, DMP2006018) Site Location: 6 miles east of Fountain Hills and north and south of the Beeline Highway (State Highway 87) Site Size: Approx. 2,079 acres Commission Action: By a vote of 8-0, recommended approval subject to conditions ‘a’ – ‘aa’ (to modify condition ‘c’, remove condition ‘k’, and add condition ‘aa’ and re-label all conditions of DMP2006018. All other conditions approved by the Board of Supervisors pursuant to case DMP2006018 shall remain in effect. All conditions listed in their entirety in final format are as follows: a. Development and use of the site shall comply with the narrative report titled The Preserve at Goldfield Ranch Development Master Plan dated revised July 2, 2007 and stamped received September 18, 2007, consisting of 67 pages, including the land use map dated November 1, 2007, as well as all appendices and all figures and tables except as modified by the following stipulations. b. Changes to the Preserve at Goldfield Ranch Development Master Plan with regard to use and intensity, or the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. The Maricopa County Planning and Development Department may administratively approved minor changes to the Preserve at Goldfield Ranch Development Master Plan as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved narrative report, maps, exhibits, or approved stipulations, constitutes a violation in accordance with the Maricopa County Zoning Ordinance. c. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of DMP2012004 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this DMP is still present, and whether the land use designations associated with this DMP still represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Board rescinds this DMP and reverts the current land use designations back to Rural (0-1 du/ac), all entitlements associated with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, area plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. d. Prior to approval of any zoning change for the Preserve at Goldfield Ranch Development Master Plan, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zone change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. e. The Preserve at Goldfield Ranch master homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and amenities; washes; parks; roadway median landscaping; landscaping within public rights-of-way; all pedestrian, bicycle, and multi-use paths; and other community amenities. f. Prior to approval of each final plat for the Preserve at Goldfield Ranch Development Master Plan, the master developer shall submit to the Maricopa County Planning and Development Department a landscape inventory and salvage plan which identifies and assesses the native vegetation within the development parcels, and which determines the preservation and disposition for each of the selected native vegetation. g. Concurrent with each preliminary plat application for the Preserve at Goldfield Ranch Development Master Plan, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa County Bicycle Transportation Plan. h. To the maximum extent feasible irrigation water supplied for common and open space areas and lakes shall be supplied by a renewable water supply, such as treated effluent, surface water or Central Arizona Project (CAP) water by build out. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply to the maximum extent feasible shall be provided to Maricopa County Planning and Development Department at build out. i. The total number of residential dwelling units for the Preserve at Goldfield Ranch Development Master Plan shall not exceed 1,000 residential units. To help ensure compliance, the cumulative number of dwelling units permitted to that point shall be identified on each preliminary and final plat. j. Up to a 10% change in the total number of residential dwelling units within a parcel may be approved administratively by the Maricopa County Planning and Development Department. Any changes greater than 10% in the number of residential dwelling units within a parcel will require a Major Amendment subject to approval by the Board of Supervisors upon recommendation by the Planning and Zoning Commission. In any case the maximum number of dwelling units shall not exceed 1,000 units. k. Until annexation of the entire Preserve at Goldfield Ranch DMP, the master developer shall notify all future residents that they are not located within an incorporated city or town, and therefore will not be represented by, or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to most municipally-managed services. Such notice shall be included on all plats, 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 homeowner association covenants, conditions, and restrictions (CC&Rs). l. All park facilities shall be completed concurrent with any residential development within a respective parcel(s) as shown on each plat. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. m. Prior to approval of any preliminary plat for the Preserve at Goldfield Ranch Development Master Plan, the applicant shall provide the Maricopa County Planning and Development Department with the design guidelines referenced in the narrative report. n. Prior to any zoning change for the Preserve at Goldfield Ranch Development Master Plan, the applicant shall submit to the Maricopa County Planning and Development Department verification of approval by the Maricopa Association of Governments (MAG) of a 208 amendment. o. The Preserve at Goldfield Ranch Development Master Plan shall be developed sequentially as identified on the phasing exhibit. p. Prior to approval of any preliminary plat for The Preserve at Goldfield Ranch Development Master Plan, the developer shall submit documentation from SHPO regarding disposition of archaeological site [AZ U:6:288 (ASM)] referenced in the January 2006 report [An Archaeological Survey and Evaluation of Approximately 2,420 Acres for The Preserve at Goldfield Ranch Development, Maricopa County, Arizona] as prepared by SWCA Environments Consultants. The documentation shall indicate whether the site will either be included in the National Register of Historic Places or how a data recovery program will be implemented during construction. q. That the DMP amendment adheres to Appendix Q-Hillside Development Standards. r. The following Drainage Administration stipulations shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction. 2. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with the Drainage Regulation and design policies and standards. s. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Developer (Applicant) has provided a Traffic Impact Study (TIS). The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to any final plat approvals and with each development phase to reflect current conditions and any changes to the development plan. The need for additional lane capacity on offsite arterial alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The Developer shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Developer may construct certain regional improvements as further defined in the Development Agreement, in lieu of payment of this contribution. Such street improvements must be “system roadways,” must be all-weather facilities, must meet county standards in effect at the time they are improved, and must be pre-approved by MCDOT. MCDOT will require a Development Agreement to detail the specifics of construction, including phasing and timing. If the Developer does not construct regional roadway improvements, the Developer shall pay the contribution amount at the time individual building permits are issued, or per an alternate agreement as approved by MCDOT. 3. The Development Agreement shall be executed prior to any zoning (rezoning) or preliminary plat approval. The Development Agreement shall be an enforceable contract, regardless of annexation. 4. The Developer shall provide the ultimate full or half-width of right-of way for all public roadways, OR, shall provide the equivalent widths as private tracts for private roadways. Right-of-way/Private Tract shall be provided as follows: • A total of 130 feet full-width (interior) or 65 feet half-width (perimeter) for section line and/or arterial roadways. • A total of 80 feet full-width (interior) or 40 feet half-width (perimeter) for collector roadways. The above references interior and perimeter roads. (The project boundary is the centerline of all perimeter roadways and/or roadway alignments.) Full-width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half-width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersections where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 5. The Developer shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half-width of all perimeter roadways. A portion of these improvements may be creditable to the Developer’s contribution referred to in item #2. All roadways must meet county standards in effect at the time they are improved. This includes, but is not limited to the MCDOT Roadway Design Manual, including ITS infrastructure requirements and the Drainage Policies and Standards for Maricopa County. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. Roadway improvement plans must be approved and permitted by MCDOT. The Developer shall relocate well site(s) and/or provide additional right-of-way in the event of conflict with any transportation facilities. The Developer shall be responsible for design and construction of all collector roadways to a minimum design speed of 40 mph, unless otherwise approved by MCDOT. 6. The Developer is responsible for assuring paved access to their site at the time of the first final plat. Improvements necessary to provide paved access may or may not be creditable to the Developer’s contribution referred to in item #2. 7. The Developer shall provide all-weather access to all parcels and lots, and on all arterial roadways. 8. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 9. The Developer shall design and construct the development to promote pedestrian, bicycle and other alternative modes of transportation to public facilities within and adjacent to the site. The Developer shall design and construct a Park and Ride facility. 10. If streetlights are provided, installation shall be provided by the Developer. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Applicant should contact the Office of the Superintendent of Streets to initiate the SLID process. 11. The Developer shall design landscaping to comply with all county requirements and to conform to the MCDOT Roadway Design Manual. The Developer (or as assigned to the Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 12. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 13. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) 14. The Developer shall provide written documentation of ADOT’s review and response. ADOT documentation shall be received before any preliminary plat approval. (The Developer has submitted documentation of ADOT’s review.) 15. MCDOT continues to recommend that roadways meet minimum county standards. If roadways are not built to minimum county standards, perpetual maintenance of the roadways must be provided through alternative means. t. The following Maricopa County Library District stipulation shall apply: • A quality of life assessment of $596 for each housing unit built is made available to the Maricopa County Library District at the time of building permit issuance. u. The following Maricopa County Parks and Recreation Department stipulation shall apply: • At the time each residential building permit is issued, two hundred fifty dollars ($250) per residential unit shall be paid by the developer to a Park Enhancement Fund for trails and facilities enhancement and maintenance. The County shall deposit and hold all receipts in the Parks Special Revenue fund for the specific purposes stated above. All interest earned on the fund shall remain an asset of the fund. The assets of this fund are not intended to replace existing County appropriations for similar purposes, but rather are intended as supplemental resources resulting from additional park usage by The Preserve at Goldfield Ranch residents. Details regarding this assessment are to be addressed in the required development agreement. v. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this development master plan due to non-compliance with any of the approved stipulations or other conditions of approval. w. That the developer design the streets to accommodate school bus turn around spaces and bus pull-outs for collecting students within the development as determined by the Fountain Hills Unified School District . x. The following stipulations of DMP 92-4 (The Preserve Development Master Plan) shall apply: 1. Prior to any grading the developer shall coordinate with the Arizona State Game and Fish Department and obtain a handling permit to facilitate temporary possession of desert tortoises. 2. The developer shall work with the Arizona Game and Fish Department in the development of the CC&R’s and a mitigation plan. 3. All exposed slopes created by grading shall be restored and stabilized. Restoration shall consist of revegetation with native species or artificial weathering of rock faces. The overall shape, height and grade of any cut or fill slope should be designed to simulate the existing natural contours and scale of the natural terrain of the site. Approved dust control shall be maintained during cleaning, brushing or grubbing and until revegetation or site stabilization has occurred. 4. During the subdivision process, building envelopes will be designed and grading will be allowed only in an approved disturbance envelope as outlined in the Development Master Plan documents. All development in the Preserve must submit a disturbance plan prior to grading. Existing vegetation and areas that are to remain undisturbed shall be protected by flagging, roping or other physical means that will visually warn grading or construction equipment away from these areas. The contractor shall maintain adequate grading supervision during the clearing, grading or brushing to ensure that only those areas to be graded are disturbed. 5. All development shall comply with Maricopa County Lighting Ordinance requirements. In addition, the use of street lights shall be minimized, except when required by the governmental jurisdiction at street intersections for safety purposes. All street lights shall be shielded and directed downward to minimize reflection to the night sky. All lighting on residences shall also be shielded and directed downward. Low level lighting shall be encouraged throughout the project. All poles or standards used to support outdoor light fixtures shall be anodized or otherwise coated to minimize glare from the light source. Mercury vapor fixtures, lamps and searchlights will be prohibited. 6. The developer shall negotiate a recycling program with the solid waste provider for The Preserve. y. The adopted plan and stipulations of approval for DMP 92-4 shall remain in effect for the properties not included in this amendment. z. Fire protection shall be established (services agreement signed by both the developer and Fire District) to the site prior to rezoning approval. aa. The following MCESD conditions shall apply: Water Facility Condition Prior to construction of the water facilities, the owner shall submit documentation to the Planning Director demonstrating compliance with Maricopa County Subdivision Regulations 304.2 and 304.3 for water and wastewater facilities. The owner shall submit a Certificate of 100 Year Assured Water Supply for the proposed development from the Arizona Department of Water Resources, and a guarantee that the subdivision can and will receive an adequate supply of potable water from a water system operated by a certificated water company or a municipality. Wastewater Facility Condition Prior to construction of the wastewater facilities, the owner shall submit documentation to the Planning Director demonstrating compliance with Maricopa County Subdivision Regulations 304.2 and 304.3 for water and wastewater facilities. The owner shall submit proof of approval of the proposed wastewater treatment facility as required by the Maricopa Association of Governments 208 Water Quality Management Plan, as certified by the Arizona Department of Environmental Quality. (C-44-13-091-M-00)