Vote: approved

Item Text

PZ-1. SILVER WATER RANCH Case: DMP2013001 Supervisor Districts: 4 & 5 Applicant: Withey Morris, PLC Owner: Sierra Negra Ranch, LLC Requests: Modification of conditions ‘c’ and ‘gg’ and elimination of conditions ‘j’, ‘dd’ and ‘ff’ to the Silver Water Ranch Development Master Plan (ref. #DMP2006012) Site Location: Northwest corner of Osborn Rd. alignment and 379th Ave. (in the Tonopah area) Site Size: Approx. 529 acres Commission Recommendation: By a vote of 7-0, recommends approval subject to conditions 'a' - 'gg': a. Development and use of the site shall comply with the narrative report titled “Silver Water Ranch Development Master Plan” dated May 5, 2007 and stamped received December 14, 2007, consisting of 19 pages, all appendices, and all figures and tables except as modified by the following stipulations. b. Changes to the Silver Water 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 approve minor changes to the Silver Water 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 Silver Water Ranch Development Master Plan, including the narrative report, maps, exhibits, or approved stipulations, constitute 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 DMP2013001 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), and Community Retail Center, 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, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zoning 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 Silver Water Ranch master homeowners association shall be responsible for the maintenance 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. Concurrent with each preliminary plat application, the developer shall provide documentation as to how the preliminary plat complies with the Maricopa Regional Trail plan. g. Concurrent with each preliminary plat application, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa County Bicycle Transportation Plan. h. Unless waived by the Board of Supervisors at the time of final plat approval, all irrigation water supplied for common and 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 three years after issuance of the first 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 within the three year requirement. i. The total number of residential dwelling units for the Silver Water Ranch Development Master Plan shall not exceed 1,659 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. The Silver Water Ranch Development Master Plan is subject to all Maricopa County Standards and regulations in effect at the time of zoning and platting. k. All future zoning change applications for non-residential development require a Planned Development (P.D.) overlay. l. The master developer shall be responsible for the installation of all major elements of infrastructure in accordance with the Maricopa County standards in effect at the time of platting. m. The master developer shall provide neighborhood access to commercial and mixed use parcels via open space, pedestrian paths, bicycle paths, or other non-arterial street connections. Such access shall be identified on all plats and precise plans of development. n. Unless and until annexation of the entire development master plan takes place, the master developer shall notify all future residents that they are not located within an incorporated municipality, 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, sewer, 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 8½ 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 within the respective parcel(s) 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. p. Not less than 40 acres shall be reserved for Recreational Open Space land use in the locations depicted on the Silver Water Ranch Development Master Plan land use plan. This includes no less than 10 acres for two (2) neighborhood parks and a minimum of five (5) mini/pocket parks at a minimum of one acre each. The neighborhood parks should be depicted as Recreational Open Space parcels on the land use table. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Recreational Open Space acreage completed to that point with respect to the requirements outlined in this stipulation. A description of the types of recreational amenities that will be included in the open space areas shall also be submitted with each applicable preliminary plat to the Maricopa County Planning and Development Department. q. Not less than 30 acres shall be reserved for Dedicated/Non-Developable Open Space in the locations depicted on the Silver Water Ranch Development Master Plan land use plan. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Dedicated/Non-Developable Open Space set aside to that point with respect to the requirements outlined in this stipulation. No development shall be allowed in these areas, and any disturbance to such areas is subject to approval by the Maricopa County Planning and Development Department. r. Parcels 6, 8 and 11 shall be designated as Community Retail Center. s. Parcels 3 and 7 shall be designated as Mixed Use Employment. t. The Silver Water Ranch Development Master Plan shall be developed sequentially as identified on the phasing exhibit. u. Prior to any zoning change, the applicant shall provide the Maricopa County Planning and Development Department with a “will serve” letter for fire protection from the Tonopah Valley Fire District or another qualified public or private service provider demonstrating commitment to serve the entire Silver Water Ranch Development Master Plan. v. Not less than 33 acres (or equivalent measurement) shall be reserved for Mixed-Use Employment land uses. w. Not more than 48 acres shall be reserved for Community Retail Center uses. x. That the two Neighborhood Park sites be depicted as Recreational Open Space on the land use table and land use map. y. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development Department “will serve” letters from the Water Utility of Greater Tonopah and the from Hassayampa Utility Corporation (Global Water Resources) which demonstrates a willingness and capability to serve the entire Silver Water Ranch Development Master Plan with water and wastewater service respectively. z. Prior to any zoning change, the applicant shall provide the Maricopa County Planning and Development Department with a letter from the Saddle Mountain Unified School District stating there is adequate capacity in existing or proposed schools to serve the DMP. aa. Prior to approval of each final plat, the master developer shall submit a landscaping inventory and salvage plan which identifies and assesses the native trees and cacti within the applicable platted parcels, and which determines the preservation/disposition for each of the selected native trees and cacti to the Maricopa County Planning and Development Department. bb. 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 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 off-site and certain on-site regional improvements as further defined in the Development Agreement, 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 will require a Development Agreement to detail the specifics of construction, including phasing and timing, or if the Developer does not construct regional roadway improvements, the Development Agreement shall discuss the method and timing of payment. 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. Right-of-way shall be provided as follows: A) Camelback Road: 100 Feet (half-width) from East Boundary to 387th Avenue B) Campbell Avenue: 80 Feet (full-width) from East Boundary to 387th Avenue C) Indian School Road: 130 Feet (full-width) / 65 Feet (half-width) from 379th Avenue to 391st Avenue D) Osborn Road: 65 Feet (half-width) from 379th Avenue to 383rd Avenue; 40 Feet (half-width) from 383rd Avenue to 387th Avenue E) 379th Avenue: 100 Feet (half-width) from Indian School Road to Osborn Road F) 383rd Avenue: 80 Feet (full-width) / 40 Feet (half-width) from Indian School Road to Osborn Road G) 387th Avenue: 65 Feet (half-width) from Camelback Road to Indian School Road; 80 Feet (full-width) from Indian School Road to Osborn Road H) 391st Avenue: 40 Feet (half-width) from South Boundary to Indian School Road 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. The Maricopa Association of Governments (MAG) in conjunction with the Arizona Department of Transportation (ADOT) is conducting a “Hassayampa Valley Regional Transportation Network Study.” This study is evaluating future regional arterial transportation network needs and future traffic interchange locations along I-10 from SR303 west to approximately 459th Avenue. The Developer shall reserve sufficient right-of-way for transportation facilities in compliance with the MAG Hassayampa Study, including any additional right-of-way necessary for future widening of I-10. 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, unless approved otherwise by MCDOT. 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. All roadways must include appropriate ITS infrastructure. 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. 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 not locate elementary or middle schools on arterial roads. (The schools may not “back up” to arterials.) Pedestrian routes to school shall be planned so if necessary, the route to school shall only cross arterials at signalized intersections. 10. The Developer shall design the development to promote pedestrian, bicycle and other alternative modes of transportation to public facilities within and adjacent to the site, by means in addition to the roadway system. Crossings of arterials at other than signalized intersections may be required to be grade separated. (Please note: “Shared Use” pedestrian/bicycle facilities should be 10 feet wide.) 11. 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 Developer should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 12. 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. 13. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 14. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.). 15. The Developer shall provide written documentation of ADOT’s review and response. ADOT documentation shall be received before any zoning (rezoning) or preliminary plat approval, or at the discretion of MCDOT. 16. The Developer shall address access to Parcel 1 (south of I-10). 17. The Developer should be aware that per their approved TIS, if some of the improvements listed as “existing” (assumed constructed “by others”) for year 2011 (Phase I) are not in place, and are necessary to mitigate Phase I site traffic, the Developer will be required to construct the improvements. The costs of such off-site street improvements (as demonstrated by the developer and approved by MCDOT) shall be deducted from the amount of the developer’s contribution to regional transportation infrastructure as required per stipulation 2 above. cc. The following Maricopa County Department of Emergency Management stipulations shall apply: 1. Adequate coverage by the existing Outdoor Warning Siren System for the Palo Verde Nuclear Generation Station is required. Otherwise, the applicant shall be responsible for installation of adequate additional sirens providing for adequate coverage for the Silver Water Ranch Development Master Plan. The applicant shall obtain information on existing siren coverage from the Maricopa County Department of Emergency Management. If existing coverage is inadequate, the master developer shall provide funding to cover expenses of installing new sirens. Palo Verde Nuclear Generating Station will coordinate installation of the sirens. Siren coverage must meet the standards set forth in CODE OF FEDERAL REGULATIONS FEMA RULE 44 – PART 350. Adequate siren coverage shall be provided prior to the occupation of any proposed buildings/residences. 2. The applicant 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. dd. The following Drainage Review conditions shall apply: 1. All development and engineering design shall be in conformance with the Drainage Ordinance, Drainage Policies and Standards, and current engineering polices, standards and best engineering 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 Ordinance and design policies and standards. 3. The hydrology data which was used for this development is dependent upon FEMA approval of the Palo Verde Study. Hydrology analysis will need to be developed in accordance with the County’s design methodology manuals for this development if FEMA does not approve the Palo Verde Study. ee. The following Maricopa County Sheriff’s Office stipulation shall apply: Prior to any zoning change, the master developer shall enter into a development agreement with the Maricopa County Sheriff’s Office to pay for start up costs and interim fees for law enforcement services associated with the property until it is annexed into an incorporated city or until a full law enforcement service contract is otherwise implemented. This development 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. ff. The following Luke AFB stipulation shall apply: The master developer shall notify future residents that they are located within the vicinity of a military training route with the following notification: “You are buying a home or property within the vicinity of a military training route, and may be subject to direct overflights and noise by Luke Air Force Base and other military jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 over flights per day, although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range, and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends.” Such notification shall be permanently posted in front of all home sales offices on not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, be included in all covenants, conditions, and restrictions (CC&Rs), and be included in the public report. gg. 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 noncompliance with any of the approved stipulations. (C-44-14-085-M-00)