Vote: approved

Item Text

PZ-1. BALTERRA Case Number: DMP2012006 Supervisorial District: 5 Applicant: Beus Gilbert, PLLC Owner: Balterra Holdings, LLC; A-C Freeway Limited Partnership; Chessen Freeway Limited Partnership; Count-Ashmann Freeway Limited Partnership; Davis-Condon Freeway Limited Partnership; Harris Freeway Limited Partnership; Kitzsteiner Freeway Limited Partnership; L&B Freeway Limited Partnership; L&L Freeway Limited Partnership; Nelson I Freeway Limited Partnership; Nelson II Freeway Limited Partnership; Roman Freeway Limited Partnership; Skinner Freeway Limited Partnership; S-P Freeway Limited Partnership; Stratemeier P&M Freeway Limited Partnership; W-O-K Freeway Limited Partnership; W-T Freeway Limited Partnership; Boschma Living Trust and Van Sant Living Trust; Global Water, Inc. Request: Modification to the conditions of the Balterra Development Master Plan (ref. #DMP2005013) Site Location: Generally located north of Interstate 10 and Indian School Rd., south of Camelback Rd., west of 395th Ave., and east of 415th Ave. alignment Site Size: Generally located north of Interstate 10 and Indian School Rd., south of Camelback Rd., west of 395th Ave., and east of 415th Ave. alignment Commission Action: By a vote of 7-0, recommended approval subject to conditions ‘a’ – ‘ff’ as follows: a. Development shall comply with the Development Master Plan document entitled “Balterra Development Master Plan”, a bound document, dated revised September 28, 2006 and stamped received October 2, 2006, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Within 30 days of approval by the Board of Supervisors, a revised DMP narrative report document and land use plan shall be submitted for review and approval by the Planning and Development Dept. with revisions to the educational and recreational open space parcels along 407th Avenue north of Campbell Avenue showing that the school site will not be bisected by the street, but maintaining the acreage of each of the parcels; and showing revisions to some of the non-developable open space parcels to offset 13 acres of expanded roadways, but still preserving any 404 jurisdictional washes. c. Changes to the Balterra Development Master Plan with regard to use and intensity, or changes to any of 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 by the Maricopa County Planning and Zoning Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, subdivision regulations, and zoning ordinance in effect at the time of application(s) submission. The Maricopa County Planning and Development Department may approve minor changes administratively as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Balterra Development Master Plan narrative report, maps, and exhibits, or the stipulations of approval will be treated as a violation in accordance with the provisions of the Maricopa County Zoning Ordinance. d. All stipulations of approval shall remain in effect in the event of a change in name of the Balterra Development Master Plan. e. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of DMP2012006 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 Mixed Use and Rural, 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. f. Prior to approval of any zone change, 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. g. The master developer shall be responsible for the construction of all public and private on-site roads within the Balterra Development Master Plan. Further, the Balterra homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and related facilities, washes, parks, roadway median landscaping, landscaping within public rights-of-way, and all pedestrian, bicycle, and multi-use paths. h. Prior to approval of each final plat, 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/disposition for each of the selected native vegetation. i. Landscaping of all common areas and open spaces, except for identified recreational areas, within Balterra shall consist of indigenous and near-native plant species of a xeriphytic nature. j. All irrigation water supplied for common/open space areas and lakes shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within six (6) months after issuance of the 1,000th building permit. 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 shall be provided to the Maricopa County Planning and Development Department. k. The Balterra Development Master Plan shall be developed sequentially as depicted on the phasing diagram contained in the Balterra Development Master Plan narrative report. l. The total number of residential dwelling units for the Balterra Development Master Plan shall not exceed 4,458. To help ensure compliance, the cumulative number of dwelling units platted to date, in relation to the identified limit, shall be identified on all plats. m. Development shall be prohibited on areas with a slope of 15% or greater. n. Until annexation of the entire development master plan takes place, the master developer shall notify all future Balterra Development Master Plan 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 municipally-managed services such as police, fire, parks, water, wastewater, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8 ½ inch by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). o. All park facilities shall be completed concurrently with residential development of the respective plat on which the park is shown. p. Not less than 42 acres shall be reserved for Recreational Open Space (ROS) land use. The project shall have four (4) neighborhood park sites of various acreages in the general locations shown in the Landscape Character Guidelines. Further, not less than twenty (20) mini-parks a minimum of 0.5 acres each shall be provided in the general locations identified in the Landscape Character Guidelines. All parks shall include recreational amenities. In addition, not less than 86 acres of dedicated, non-developable open space shall be provided in the general locations shown on the Land Use Plan for preservation of wash corridors in their natural state. There shall also be not less than 21 acres reserved as neighborhood linear parks in the general locations identified on the Land Use Plan. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative open space acreage and park numbers with respect to the requirements of this stipulation. A description of the types of recreational amenities that will be included in the Recreational Open Space and mini-parks shall also be submitted with all preliminary plats to the Maricopa County Planning and Development Department. q. No less than 102 acres shall be reserved for neighborhood retail and community retail commercial land uses as depicted on the Balterra land use plan. To help ensure compliance, at the time of each preliminary plat or precise plan submittal the master developer shall include a description of the status of the cumulative commercial land use acreage platted to date with respect to the requirements of this stipulation. r. No less than 105 acres shall be reserved for business park, mixed use employment center and office employment center land uses as depicted on the Balterra land use plan. To help ensure compliance, at the time of each preliminary plat or precise plan submittal the master developer shall include a description of the status of the cumulative employment land use acreage platted to date with respect to the requirements of this stipulation. s. No less than 31 acres shall be reserved for mixed use as depicted on the Balterra land use plan. To help ensure that this area develops as outlined in the Maricopa County Development Master Plan Guidelines, no less than 13 acres of the total acreage of the mixed use shall be reserved for professional and semi-professional office-type uses. At the time of each preliminary plat or precise plan submittal, the master developer shall include a description of the status of the cumulative acreage platted to date with respect to the requirements outlined in this stipulation. t. Unless otherwise agreed to by the applicable school district, not less than two (2) school sites and a minimum of 29 acres shall be reserved for schools at the locations identified on the Balterra land use plan. u. Prior to zone change approval, the master developer shall provide a “will serve” letter and a Certificate of Convenience and Necessity from the Water Utility of Greater Tonopah demonstrating commitment to serve the entire Balterra Development Master Plan with water service, which is subject to approval by the Maricopa County Department of Environmental Services. v. Prior to zone change approval, the master developer shall provide a “will serve” letter and documentation of an approved MAG 208 amendment from Balterra Sewer Corporation demonstrating commitment to serve the entire Balterra Development Master Plan with wastewater service, which is subject to approval by the Maricopa County Department of Environmental Services. w. Prior to approval of the first preliminary plat, the master developer shall provide a “will serve” letter for fire protection from the Tonopah Valley Fire District or another qualified public or private fire service provider demonstrating commitment to serve the entire Balterra Development Master Plan, which is subject to approval by the Maricopa County Planning and Development Department. x. An archaeological survey of the subject property shall be conducted prior to approval of any preliminary plat to locate and evaluate any cultural resources on the site. Once complete, a report of the results shall be provided to the Arizona State Historic Preservation Officer (SHPO) for review and comment before any ground disturbing activities related to development are initiated. The applicant shall perform an archaeological analysis to evaluate the eligibility of cultural resource sites for the National or State Register of Historic Places. If Register eligible properties cannot be avoided by development activities, then the Arizona SHPO shall determine if a data recovery (excavation) program is necessary. Should federal permits be required for the project, then any archaeological work performed must meet the Secretary of Interior Standards, and will be subject to the National Historic Preservation Act. y. $596.00 per residential unit shall be paid to the Maricopa County Library District by the master developer as each residential building permit is issued for the purposes of future library service and infrastructure needs. z. At the time each residential building permit is issued, two-hundred fifty dollars ($250) per residential unit will 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 Balterra residents. Details regarding this assessment are to be addressed in the Development Agreement. aa. Any areas not covered by the existing Outdoor Warning Siren System used to alert residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear Generating Station in time of emergency shall be required to include additional sirens, at the developer’s cost, in order to provide adequate warning for the residents of the Balterra development, using technical information concerning the siren system obtained from the Emergency Planning Department at the Palo Verde Nuclear Generating Station. In addition, adequate signage available from the Palo Verde Nuclear Generating Station Emergency Planning Department shall be required to be posted on the site to inform the public of the presence of a nuclear generating station in the vicinity and outlining actions to take upon receiving warning notification. bb. The developer shall ensure that public safety information regarding nuclear emergencies is initially provided to any new residents or building occupants. The applicant shall obtain this information from the Palo Verde Nuclear Generating Station – Emergency Planning Department. All costs associated with the duplication and dissemination of the initial distribution shall be assumed by the applicant. Thereafter, the Palo Verde Nuclear Generating Station will provide this public safety information annually. cc. Prior to any final plat, the master developer shall enter into a development and Law Enforcement Services agreement with the Maricopa County Sheriff’s Office (MCSO). This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to donate at no cost to the county, for use by the Maricopa County Sheriff’s Office, their proportionate share of separate office space or land (the size to be determined in the development and Law Enforcement Services agreement), for law enforcement, or payment of fees when a permit is issued, for the Sheriff’s Office to conduct day-to-day business related to providing law enforcement services to Balterra and surrounding areas. The office space complete with tenant improvements per Maricopa County Sheriff’s Office requirements and associated parking or land shall be provided not later than two (2) years from the opening of the first model home complex within the DMP, or as agreed to in the development and Law Enforcement Services agreement. This development and Law Enforcement Services agreement may also include, but not necessarily be limited to, the master developer’s requirement to pay their proportionate share for startup costs and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until a full law enforcement service contract is otherwise implemented. Startup costs would include vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops. The developers who incur the above Sheriff substation startup costs shall be eligible for reimbursement from other service area developers, with the rate of reimbursement defined in the Development Agreement. This stipulation shall be modified should a Sheriff impact fee be enacted by the County. This development and Law Enforcement Services agreement shall include the terms listed in this stipulation unless otherwise mutually agreed to by MCSO and the master developer, furthermore, the development and Law Enforcement Services agreement shall be signed by both the master developer and the Maricopa County Sheriff’s Office and provided to the Maricopa County Planning and Development Department for public record. dd. The following Maricopa County Drainage Review stipulation shall apply: • The owner or his representative shall submit a variance in accordance with the Drainage Regulations (Section 503) and obtain approval prior to any preliminary plat approvals. ee. The following Flood Control District of Maricopa County stipulations shall apply: 1. Prior to any development, a Floodplain Use Permit will be required from the Regulatory Division of the Flood Control District. 2. Prior to preliminary plat approval, a detailed drainage study based on the Federal Emergency Management Agency’s criteria will be required. All washes over 50 cfs that do not originate on site must be delineated, placed in a tract or shown that the continuity of flow is maintained. The cross sections in the drainage report need to match those shown on the exhibits. The Zone A floodplain above Interstate 10 will need to be addressed. Manning’s “n” value between the drainage report and the erosion hazard delineation study should be consistent. ff. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Traffic Impact Study (TIS) shall be updated prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demand with each phase. The TIS must be approved before subsequent approval of any roadway improvement plans. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The Applicant shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Applicant may choose to construct off-site street improvements in lieu of payment of this contribution. Such off-site 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 may require a Development Agreement to detail the specifics of construction, including phasing and timing. If the Applicant chooses not to construct off-site regional roadway improvements, the Applicant shall pay the contribution amount at the time individual building permits are issued, or per an alternate agreement as approved by MCDOT. 3. If required per item 2 above, a Development Agreement shall be executed prior to any preliminary plat approval. The Development Agreement shall be an enforceable contract, regardless of annexation. 4. The Applicant shall provide the ultimate full-width of right-of way for all interior public roadways, and the ultimate half-width of right-of-way for all perimeter public roadways consistent with the Maricopa County Major Streets and Routes Plan, or as otherwise approved by MCDOT. Right-of-way shall be provided as follows: a.) Camelback Road: 65 Feet half r/w (with additional 35 feet landscape/future roadway/public utility easement) b.) Indian School Rd.: 65 Feet half r/w (within MCDOT jurisdiction) c.) 395th Avenue: 65 Feet half r/w d.) 411th Avenue: 65 Feet half r/w and 130 Feet full r/w e.) Campbell Avenue (east of 411th Ave): 130 Feet full r/w Campbell Avenue (west of 411th Ave): 80 Feet full r/w f.) 403rd Avenue: 80 Feet full r/w g.) 407th Avenue: 80 Feet full r/w (both N & S of Campbell) h.) 413th Avenue: 60 Feet full r/w 5. The Applicant shall construct the ultimate full-width interior public roadways and the ultimate half-width perimeter public roadways. 6. The Applicant shall design all roadways and public infrastructure to meet county standards in effect at the time improvements are constructed. 7. The Applicant shall provide all-weather access to all parcels and lots, and on all arterial roadways. 8. The Applicant shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 9. The Applicant shall not locate elementary or middle schools on arterial alignments. 10. The Applicant shall provide bike lanes on all arterial and major collector alignments. A bicycle circulation plan shall be provided and approved by MCDOT with each phase of development. 11. The Applicant shall design the project to promote pedestrian, bicycle, and other alternative modes of transportation to public facilities within and adjacent to the site (i.e., bus bays, electric vehicles, shared accommodations, internal trail systems, etc.). 12. If streetlights are provided, installation shall be provided by the Applicant. If streetlights are within public right-of-way, a Street Light Improvement District (SLID) or comparable authority must be established to provide operation and maintenance. The Applicant should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 13. The Applicant shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The Applicant (or as assigned to the Home Owner’s Association) shall be responsible for maintenance of landscaping within public rights-of-way. 14. The Applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT prior to commencing construction. 15. The Applicant shall comply with all applicable local, state and federal requirements (dust control, noise mitigation, AZPDES, etc.). 16. The Applicant shall consult with ADOT regarding access to the I-10 freeway and use of Indian School Road within ADOT right-of-way. The Applicant shall provide written documentation of ADOT’s approval and requirements. (C-44-13-093-M-00)