Vote: approved

Item Text

PZ-4. MARBELLA RANCH Case: Z2014011 Supervisor District: 4 Applicant: Marbella Homes Owner: El Paso Natural Gas Company Request: Zone Change from Rural-43 to R-5 Residential Unit Plan of Development (RUPD). Site Location: Approximately at the northwest corner of Glendale Ave. and El Mirage Rd., in the Glendale area Site Size: Approx. 252 acres Commission Recommendation: By a vote of 7-0, recommended approval of Z2014011 subject to Conditional Zoning of Chapter 3 Article 304.6 of the Maricopa County Zoning Ordinance with conditions ‘a’ – ‘y’ as shown below. Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Marbella Ranch Site Plan”, consisting of 2 full-size sheets, dated revised April 10, 2014, and stamped received April 11, 2014, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Project Narrative Rezone Marbella Ranch”, consisting of 10 pages, dated revised April 11, 2014, and stamped received April 11, 2014, except as modified by the following conditions. c. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS §11-814. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2014011 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 zoning still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive plan and applicable area plan and land use plans. The status reports to be administratively reviewed by Planning and Development with the ability administratively to accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of all final plats and/or plans of development. d. The following R-5 RUPD standards for the Single Family Traditional shall apply: • Height: 30’/2 stories for detached single family residential • Rear Yard: 12’ for attached single family residential townhome • Lot Area: 5,000 sq. ft. • Lot Width: 45’ for detached single family residential and 30’ for attached single family residential townhome • Lot Area Per Dwelling Unit: 5,000 sq. ft. for detached single family residential and 3,000 sq. ft. for attached single family residential townhome e. The following R-5 RUPD standards for the Neo-Traditional shall apply: • Front Yard: 5’ • Side Yard: 5’ or 2’ for side loaded garage • Street side Yard: 5’ • Rear Yard: 5’ • Lot area: 2,500 sq. ft. • Lot Width: 45’ for detached single family residential and 30’ for attached single family residential townhome • Lot Area Per Dwelling Unit: 2,500 sq. ft. • Lot Coverage: 55% for detached single family residential and 60% for attached single family residential townhome f. The Multiple Family to include apartments and condominiums shall meet the base R-5 zoning district standards, no variations to the standards with these products. g. Not less than 34 acres shall be developed as recreational open space to include playgrounds, tot lots, mini-parks and amenities. At the time of each preliminary plat submission, the developer shall include a description of the status, cumulative acreage and proposed amenities as identified with this condition. h. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. i. The following Maricopa County Department of Transportation (MCDOT) conditions shall apply: 1. The owner shall provide a total half-width of right-of-way for the following roadway: El Mirage Road 65 feet All such dedications shall be in fee and free of al liens and encumbrances. Prior to acceptance of such dedication, 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 dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the applicant. 2. Construct ultimate half-width improvements on El Mirage Road. Roadway must meet County Standards in effect at the time they are constructed. 3. Construct ultimate half-width improvements and right-of-way on Glendale Ave. per the City of Glendale requirements. 4. Roadway 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 current MCDOT Design Standards. j. All interior streets within the proposed development are to be constructed to minimum County standards. k. 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. l. Prior to any Final Plat approval, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval of a Maricopa Association of Governments (MAG 208) amendment from Liberty Utilities which demonstrates a willingness and capability to serve Marbella Ranch. m. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. n. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. o. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to issuance of a grading permit. The applicant must contact the State office prior to initiating disturbance of the site. The applicant shall provide the Planning and Development Department with written proof of compliance with this stipulation. p. The Final Plat shall have a note that the property is within an area of known land subsidence and/or earth fissuring. No development including paved roadways or residential lots within 100’ of the mapped confirmed fissure, drainage and storm runoff should not be concreted or directed towards the fissure or offsite area. Further, notice that the property is in area of known land subsidence and/or earth fissuring and a definition of both land subsidence and earth fissures shall be prominently displayed in the sales office, in the covenants, conditions and restrictions (CC&Rs), and in any disclosure statements for conveyance documents. However, if said report concludes negative impact regarding land subsidence and/or earth fissuring the required notification can include such results. q. Prior zoning clearance or 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, servicing the site. r. The following Maricopa County Sherriff’s Office (MCSO) conditions shall apply: 1. Prior to any final plat, the master developer shall enter into a development agreement with the Maricopa County Sherriff’s Office (MCSO) to provide law enforcement services to Marbella Ranch and surrounding areas. 2. This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to pay their proportionate share for start-up costs (vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops); and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until full law enforcement service contract is otherwise implemented. The development agreement may also include, but not necessarily be limited to the master developer’s requirement to donate to the County, for use by the MCSO, their proportionate share of separate office space complete with tenant improvements or land (the size to be determined in the development agreement), or payment of fees when a permit is issued. 3. This development agreement shall include the terms listed in this stipulation unless otherwise mutually agreed to by MCSO and the master developer; furthermore, the development agreement shall be signed by both the master developer and the MCSO and provided to the Maricopa County Planning and Development Department for public record. s. The following Drainage Review conditions shall apply: 1. 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 Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. t. 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). u. All habitable buildings constructed within this subdivision shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). v. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. w. 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). x. 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. y. 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. (C-44-14-088-M-00)