Vote: approved

Item Text

PZ-4. SEC OF DYSART AND GLENDALE Case Number: CPA2012013 Supervisorial District: 4 Applicant: Withey Morris PLC Owner: RP Palm Valley LLC Request: Comprehensive plan amendment to change the land use designation from Rural (0-1 d.u./ac.) to Small Lot Residential (2-5 d.u./ac.) and Neighborhood Retail Center. CPA case approval is by Resolution. Site Location: Southeast corner of Dysart Rd. and Glendale Ave. (in the Glendale area) Site Size: Approx. 25 acres NOTE: CPA case approval is by Resolution. Commission Action: By a vote of 7-0, recommended approval subject to conditions ‘a’ – ‘d’ as follows: Provided the following conditions are met: a. Development and use of the site shall comply with the narrative report entitled, “SEC of Dysart and Glendale”, including all exhibits dated revised February 22, 2013, and stamped received February 25, 2013, except as modified by the following conditions. b. Until approval of the first final plat and precise plan of development, the applicant shall submit a written report every five years from the date of Board of Supervisors approval of CPA2012013 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 comprehensive plan amendment is still present, and whether the land use designations associated with this comprehensive plan amendment 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 comprehensive plan amendment 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. c. The following MCDOT condition shall apply: • Preserve a total half-width of 70 feet right-of-way on Dysart Rd. d. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. (C-44-13-096-M-00) PZ-5. DYSART & GLENDALE Case Number: Z2012099 Supervisorial District: 4 Applicant: Withey Morris, PLC Owner: RP Palm Valley, LLC Request: Zone change from Rural-43 to C-1 and R1-6 Residential Unit Planned Development (RUPD) Site Location: Southeast corner of Dysart Rd. and Glendale Ave. (in the Glendale area) Site Size: 24.93 acres Commission Action: By a vote of 7-0, recommended approval of conditions “a” – “p” as shown below: a. Development of the site shall comply with the Zoning Exhibit entitled “Dysart Glendale“, consisting of one (1) full-size sheet, and stamped received March 25, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “SEC of Dysart and Glendale Rezone”, consisting of 30 pages including exhibits, dated March 25, 2013 and stamped received March 25. 2-13 except as modified by the following conditions. Within 30 days of BOS approval, the applicant shall submit a revised narrative, page 5 with the changes to the RUPD table as noted in “c”. c. The Residential Unit Development standards shall be as follows: Land Use: Single-family residential Development Standard: R1-6 Base Zoning: R1-6 RUPD Zoning: Maximum Height: 30’ stories 30’ Minimum Front Yard: 20’ 20* Minimum Side Yard: 5’ 0/5’** Minimum Street Side Yard: 10’ 9’ Minimum Rear Yard: 25’ 10’ 15’ Lot Area: 6,000 sq. ft. 5,000 sq. ft. Minimum Lot Width: 60’ 50’ Average Lot Area per Dwelling Unit: 6,000 sq. ft. 8, 015 sq. ft. Maximum Lot Coverage: 40% 50% *12’ measured from ROW to side entry garage, porch, or livable area. 20’ measured from ROW face of garage door. ** A minimum 5’ side yard setback is required between single family residential structures. d. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. e. The design will incorporate pedestrian connectivity between the commercial site and the residential parcels and will include a landscape buffer between the commercial site and the single-family residential home sites f. The development will have a minimum of 23% open space within the development with 20% useable and recreational. The common area will include a tot lot with play structure, shaded bench & picnic table. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. i. Prior to Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. j. The following Drainage Review conditions 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 Regulations and design policies and standards. k. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). l. Amendments to the zoning exhibit and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. m. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). n. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. o. 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. p. The Owner shall provide a total half-width of right-of-way for the following roadway: Dysart Rd. 70 Feet. All such dedications shall be in fee and free of all liens and encumbrances. Prior to the acceptance of such dedications, the applicant shall provide the county an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right-Of-Way Dedications Reference Guide”. Until Maricopa County has accepted said dedications all responsibilities, including but not limited maintenance and repair for the property, to be dedicated shall be that of the owners. Right of way dedication shall occur within six (6) months of approval of this request by the Board of Supervisors and prior to zoning clearance. (C-44-13-097-M-00)

Vote: approved

Item Text

PZ-4. SEC OF DYSART AND GLENDALE Case Number: CPA2012013 Supervisorial District: 4 Applicant: Withey Morris PLC Owner: RP Palm Valley LLC Request: Comprehensive plan amendment to change the land use designation from Rural (0-1 d.u./ac.) to Small Lot Residential (2-5 d.u./ac.) and Neighborhood Retail Center. CPA case approval is by Resolution. Site Location: Southeast corner of Dysart Rd. and Glendale Ave. (in the Glendale area) Site Size: Approx. 25 acres NOTE: CPA case approval is by Resolution. Commission Action: By a vote of 7-0, recommended approval subject to conditions ‘a’ – ‘d’ as follows: Provided the following conditions are met: a. Development and use of the site shall comply with the narrative report entitled, “SEC of Dysart and Glendale”, including all exhibits dated revised February 22, 2013, and stamped received February 25, 2013, except as modified by the following conditions. b. Until approval of the first final plat and precise plan of development, the applicant shall submit a written report every five years from the date of Board of Supervisors approval of CPA2012013 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 comprehensive plan amendment is still present, and whether the land use designations associated with this comprehensive plan amendment 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 comprehensive plan amendment 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. c. The following MCDOT condition shall apply: • Preserve a total half-width of 70 feet right-of-way on Dysart Rd. d. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. (C-44-13-096-M-00) PZ-5. DYSART & GLENDALE Case Number: Z2012099 Supervisorial District: 4 Applicant: Withey Morris, PLC Owner: RP Palm Valley, LLC Request: Zone change from Rural-43 to C-1 and R1-6 Residential Unit Planned Development (RUPD) Site Location: Southeast corner of Dysart Rd. and Glendale Ave. (in the Glendale area) Site Size: 24.93 acres Commission Action: By a vote of 7-0, recommended approval of conditions “a” – “p” as shown below: a. Development of the site shall comply with the Zoning Exhibit entitled “Dysart Glendale“, consisting of one (1) full-size sheet, and stamped received March 25, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “SEC of Dysart and Glendale Rezone”, consisting of 30 pages including exhibits, dated March 25, 2013 and stamped received March 25. 2-13 except as modified by the following conditions. Within 30 days of BOS approval, the applicant shall submit a revised narrative, page 5 with the changes to the RUPD table as noted in “c”. c. The Residential Unit Development standards shall be as follows: Land Use: Single-family residential Development Standard: R1-6 Base Zoning: R1-6 RUPD Zoning: Maximum Height: 30’ stories 30’ Minimum Front Yard: 20’ 20* Minimum Side Yard: 5’ 0/5’** Minimum Street Side Yard: 10’ 9’ Minimum Rear Yard: 25’ 10’ 15’ Lot Area: 6,000 sq. ft. 5,000 sq. ft. Minimum Lot Width: 60’ 50’ Average Lot Area per Dwelling Unit: 6,000 sq. ft. 8, 015 sq. ft. Maximum Lot Coverage: 40% 50% *12’ measured from ROW to side entry garage, porch, or livable area. 20’ measured from ROW face of garage door. ** A minimum 5’ side yard setback is required between single family residential structures. d. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. e. The design will incorporate pedestrian connectivity between the commercial site and the residential parcels and will include a landscape buffer between the commercial site and the single-family residential home sites f. The development will have a minimum of 23% open space within the development with 20% useable and recreational. The common area will include a tot lot with play structure, shaded bench & picnic table. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. i. Prior to Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. j. The following Drainage Review conditions 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 Regulations and design policies and standards. k. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). l. Amendments to the zoning exhibit and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. m. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). n. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. o. 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. p. The Owner shall provide a total half-width of right-of-way for the following roadway: Dysart Rd. 70 Feet. All such dedications shall be in fee and free of all liens and encumbrances. Prior to the acceptance of such dedications, the applicant shall provide the county an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right-Of-Way Dedications Reference Guide”. Until Maricopa County has accepted said dedications all responsibilities, including but not limited maintenance and repair for the property, to be dedicated shall be that of the owners. Right of way dedication shall occur within six (6) months of approval of this request by the Board of Supervisors and prior to zoning clearance. (C-44-13-097-M-00)