Vote: approved

Item Text

PZ-4. BROADSTONE RANCH Case: DMP2014001 Supervisor District: 4 Applicant: LVA Urban Design Studio, LLC for Broadstone Ranch LLC Request: Modification of condition ‘d’ of case DMP2004004/DMP2008001/DMP2011002 Site Location: South of the Black Mountain Rd. alignment, north of Dove Valley Rd. alignment, west of Grand Ave., and east of 251st Ave. in the Surprise area. Site Size: Approx. 2,819 acres Commission Recommendation: Approval by a vote of 6-0 subject to conditions 'a' - 'hh': a. Development shall comply with the Development Master Plan document entitled “Broadstone Ranch A Master Planned Community Development Master Plan”, a bound document, dated revised March 2008 and stamped received May 13, 2008, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Changes to the Broadstone Ranch Development Master Plan with regard to use, 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. Up to a 5% variation to the proposed number of dwelling units within any development parcel will be allowed without an amendment to the DMP being required, as long as the subtotal within the applicable Area (A, B or C) in which it is located is not exceeded, and the change does not result in a change of land use category. In addition, a 5-10% variation in the number of dwelling units may be allowed at the discretion of the Planning and Development Dept. without an amendment to the DMP being required subject to the same conditions (must be within the same area, and not change the land use category). However, Maricopa County may still require an amendment for a 5-10% variation depending on the particular circumstances of the proposed change. Any change greater than 10% in the number of proposed units for a parcel will require a major amendment subject to approval by the Board of Supervisors upon recommendation by the Planning and Zoning Commission. Otherwise, non-compliance with the approved Broadstone Ranch 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. c. All stipulations of approval shall remain in effect in the event of a change in name of the Broadstone Ranch Development Master Plan. d. The applicant shall submit a written report every (5) five years from the date of Board of Supervisors approval of DMP2014001. The status report shall include a description of compliance with the conditions of approval of DMP2014001 and the progress on obtaining necessary permits for development of the “Broadstone Ranch” project. The status report shall be reviewed by staff to determine whether the project remains in compliance with the approved conditions, or whether to schedule the matter for review by the Commission for recommendation to the Board. This condition shall remain in effect until all final plats have been approved for this development. e. Prior to approval of the first final plat, the master developer shall enter into a development agreement with Maricopa County that addresses short- and long-term service, infrastructure, operation, maintenance, and financial assurance needs of Maricopa County agencies necessary to provide adequate services and infrastructure to future residents of the Broadstone Ranch Development Master Plan. Further, prior to approval of any final plat, said development agreement shall be signed by both the master developer and the designated Maricopa County representative(s), recorded with the Maricopa County Recorder’s Office, and a copy provided to the Maricopa County Planning and Development Department for public record. Maricopa County reserves the right to modify the development agreement if it is determined that such changes are necessary due to changing circumstances or conditions, although such modifications are subject to approval by the Board of Supervisors. The master developer may also petition for modifications, which are also subject to Maricopa County Board of Supervisors approval. f. Prior to approval of the first final plat for the Broadstone Ranch Development Master Plan, the master developer shall provide the Maricopa County Planning and Development Department with a pre-annexation services agreement with the City of Surprise, which identifies their intention to provide water, wastewater and fire protection services to the property. This pre-annexation agreement shall be signed by both the Broadstone Ranch master developer and the City of Surprise. g. Prior to approval of the first final plat for the Broadstone Ranch Development Master Plan, the applicant shall provide a signed and recorded pre-annexation agreement with the City of Surprise that identifies a schedule for project annexation. No platting or development subsequent to Phase 1 (Area A) as identified in the approved narrative report shall occur in unincorporated Maricopa County unless written authorization is provided by the City of Surprise that allows platting and building permits in unincorporated Maricopa County subsequent to phase one. This pre-annexation agreement shall be signed by the applicant and the City of Surprise. h. Maricopa County reserves the right not to process any development applications subsequent to phase one (initial phase of development) of the Broadstone Ranch Development Master Plan without first amending either the Development Master Plan referenced in stipulation ‘a’ and/or the development agreement referenced in condition ‘e’ above. i. Until such time that high school district organization takes place, notification shall be provided to future residents that they are not located within an organized high school district, and that high school students will have to attend a high school either in the Town of Wickenburg, the City of Surprise, or the City of Peoria, and include identification of which high schools have capacity and have agreed to accept students from outside their district, along with their approximate distance. Such notification shall be placed on all final plats, be permanently placed on the front door of all home sales offices on not less than an 8½ x 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs). j. Development shall comply with all applicable standards as identified in the Wickenburg Highway Scenic Corridor Overlay Zone, except as modified by any approved Unit Plan of Development (UPD) overlay for the site. k. Master developer shall provide notification to future homeowners that they are located in close proximity to the Luke Air Force Base Auxiliary Airfield #1 facility, and thus will be subject to loud noise from military aircraft overflights, with the following language: “You are buying a home or property in the "vicinity of a military airport" as described by State of Arizona statute A.R.S. §28-8481. Your house should include "sound attenuation" measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base 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 a 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. Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of Luke Air Force Base is a site of intense instrument procedure landing approaches, with approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above the ground over the Auxiliary Airfield and will create severe noise in that area. For further information, please check the Luke Air Force Base website at www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and Development Department.” Such notification shall be recorded on all final plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, 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 covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. l. The master developer shall be responsible for the construction of all public and private on-site roads within the Broadstone Ranch Development Master Plan. Further, the Broadstone Ranch homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping with public rights-of-way, and all pedestrian, bicycle, and multi-use paths. m. 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. Preservation and disposition of all native vegetation with protected status shall be in compliance with all applicable federal and state regulations. n. Landscaping of all common areas and open spaces, except for identified active recreational areas, within Broadstone Ranch shall consist of indigenous plant species, and select near-native plant species of a xeriphytic nature if acceptable to the Maricopa County Planning and Development Department. o. 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 five (5) 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 five year requirement. p. The Broadstone Ranch Development Master Plan shall be developed sequentially as depicted on the phasing diagram contained in the Broadstone Ranch Development Master Plan narrative report. q. The total number of residential dwelling units for the Broadstone Ranch Development Master Plan shall not exceed 8,627. To help ensure compliance, the cumulative number of dwelling units, in relation to the identified limit, shall be identified on all plats. r. Residential development shall be prohibited on areas with a slope of 15% or greater. s. Unless the entire development master plan is annexed by the City of Surprise, the master developer shall submit a written report to the Maricopa County Planning and Zoning Commission outlining the status of the Broadstone Ranch Development Master Plan every three years following Board of Supervisors approval. The status report shall discuss development progress, including the total number of units built and platted, locations of areas/parcels under construction, status of infrastructure development, status of non-residential property, progress on how the stipulations of approval are being implemented, and any other information as requested by the Maricopa County Planning and Development Department. t. Until annexation of the entire development master plan takes place, the master developer shall notify all future Broadstone Ranch 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 certain municipal services. 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 by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). u. All parks shall be completed concurrently with residential development of the respective plat on which the park is shown. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. v. Not less than 136 acres shall be reserved for Recreational Open Space (ROS) land use. The project shall have one (1) community park of not less than 91 acres and four (4) neighborhood park sites of various acreages in the general locations shown in the Open Space Master Plan (Narrative Report Figure 12) in the Broadstone Ranch Development Master Plan narrative report. Further, not less than ten (10) pocket parks totaling at least twenty (20) acres in size shall be provided in the general locations identified in the Open Space Master Plan (Narrative Report Figure 12) in the Broadstone Ranch Development Master Plan narrative report. An additional 80 acres of mini-parks shall be provided in the general locations identified in the Open Space Master Plan (Figure 12) in the revised Broadstone Ranch narrative report required by stipulation b. All parks shall include recreational amenities. In addition, not less than 144 acres of dedicated, non-developable open space shall be provided in the general locations shown on the Open Space Master Plan (Narrative Report Figure 12) for preservation of wash corridors in their natural state, excluding the identified trail system. 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 pocket park/mini-parks shall also be submitted with all preliminary plats to the Maricopa County Planning and Development Department. w. Not less than 278 acres shall be reserved for commercial land uses. In addition, all of parcel B19 (35 acres) and at least 50 ac. combined of parcels B11, B20 and B21 shall be rezoned to Commercial Office (C-O). To help ensure compliance, at the time of each preliminary plat submission the master developer shall include a description of the status of the cumulative C-O zoning achieved to date with respect to the requirements of this stipulation. x. Unless otherwise agreed to by the applicable school districts, not less than one (1) high school site at a minimum of 50 acres in size and not less than four (4) elementary school sites of the size and in the location identified on the land use master plan (Narrative Report Figure 11) shall be reserved. y. The master developer shall provide non-vehicular multi-use trails as generally shown on the Open Space Master Plan (Figure 12). Such trails shall be identified on all plats and are subject to approval by Maricopa County. z. Final Water and Sewer Master Plans must be submitted to MCESD, under application and fee, and approved prior to submittal of the first set of onsite infrastructure plans. aa. Prior to approval of the first preliminary plat in phase five as identified in the approved narrative report, the master developer shall provide a “will serve” letter from West End Water Company or another qualified public or private water provider demonstrating commitment to serve parcels C14 through C16 with water service. bb. Prior to approval of the first preliminary plat, the master developer shall provide a “will serve” letter for fire protection from the City of Surprise Fire Department or another qualified public or private fire service provider demonstrating commitment to serve the entire Broadstone Ranch Development Master Plan, which is subject to approval by the Maricopa County Planning and Development Department. cc. 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 Office (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. dd. The developer shall comply with all applicable state and federal laws regarding animal species with special protected status. ee. The following Maricopa County Drainage Review 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. No variance from Drainage Regulations or drainage engineering design standards is granted or entitled under this DMP. 2. Drainage review of planning, zoning and/or Development Master Plan 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. Modeling submitted with this DMP is for conceptual level analysis only. All plats shall be submitted with appropriate and detailed models to reflect the existing and proposed development conditions. 3. The acceptance of the hydrology for this development is dependent on approval of the Wittman ADMSU by FEMA prior to final platting of the subdivision and issuance of an infrastructure construction permit. Without FEMA acceptance, all modeling will require performing worst-case hydrologic analyses both with and without the presence of the US 60. ff. The following Flood Control District of Maricopa County stipulation shall apply: 1. When platting development parcels impacted by off-site washes, the developer shall provide open space corridors, drainage channels along roadway corridors, or drainage structures for the conveyance of off-site flows. Flows will exit each parcel at the original point of outfall, or will be coordinated with the adjacent property owner for a collaborative drainage solution. gg. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Applicant/Developer shall provide 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 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. Additional lane capacity on pertinent offsite arterial alignments will be reviewed with each re-submittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS may need to be updated prior to approval of any roadway improvement plans, at the discretion of MCDOT. 2. The Developer shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Developer shall make the payment directly to MCDOT at the time individual building permits are issued, or as per an alternate agreement approved by MCDOT (perhaps monthly or quarterly). The Developer shall make payment to MCDOT for every building permit issued by Maricopa County. If and when the project, or portions of the project, is annexed into the City of Surprise and building permits are issued by Surprise, the Developer shall no longer make payment to MCDOT. It is intended that the Developer’s contribution will go towards right-of-way acquisition, design, and/or construction of the following facilities: A.) Grade-separated traffic interchanges across US 60 and the BNSF Railway, including Black Mountain Road and Broadstone Boulevard. B.) Bridged crossings over the Central Arizona Project Canal within the City of Surprise Planning area. C.) Roadways functionally classified as “Parkways” in a municipal transportation plan located within this general vicinity. D.) Any other facilities mutually agreed upon by the parties. 3. 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.) Black Mountain Road: 65 Feet (half-width); 130 Feet (full width) B.) Broadstone Boulevard: 136 Feet (full-width) C.) Dove Valley Road: 100 Feet (half-width) D.) 251st Avenue: 65 Feet (half-width) E.) 243rd Avenue: 200 Feet (full-width) F.) 235th Avenue: 130 Feet (full-width) G.) Collector Roadways: 80 Feet (full-width) Right-of-way widths may be modified administratively as mutually agreed upon by the City of Surprise and Maricopa County. 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 Developer shall reserve sufficient right-of-way for future traffic interchanges at both Black Mountain Road and Broadstone Boulevard (Carefree Highway alignment), with Grand Avenue. Exact locations for these interchanges have not been determined or approved. It is possible that the interchanges may not be located solely within the project boundaries. The Developer shall be responsible for reserving right-of-way only within the boundaries of the project. The Developer shall reserve sufficient right-of-way for a Grand Avenue frontage road, UNLESS released from this requirement by Maricopa County or the City of Surprise. 4. 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 all county standards in effect at the time. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including ITS (Intelligent Transportation System) infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) Half-width roadways must be designed and constructed so as to safely carry two-way traffic until the ultimate roadway is constructed. The Developer shall relocate any “obstructions” (well sites, etc.) and/or provide additional right-of-way in the event of conflict with any transportation facilities. Roadway improvement plans must be approved and permitted by MCDOT. 5. The Developer is responsible for assuring paved access to their site at the time of the first final plat. 6. The Developer shall provide all-weather access to all parcels and lots, and on all arterial roadways. 7. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 8. 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, they shall only cross arterials at signalized intersection. 9. 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 shall be grade separated. 10. If streetlights are provided, installation shall be provided by the Applicant. 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 (602-506-8797) to initiate the SLID process. 11. The Developer shall design landscaping to comply with all county requirements including the MCDOT Roadway Design Manual. The Applicant (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 the exception parcel (formerly Grand Oasis) with a minimum of two access points. 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 provide written documentation of the City of Surprise’s review and response. The City of Surprise documentation shall be received before any zoning (rezoning) or preliminary plat approval, or at the discretion of MCDOT. 17. The Developer shall design and construct the pedestrian underpass crossing Broadstone Boulevard in the open space area. Design and construction must be approved and permitted by MCDOT. hh. 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-44-15-002-M-00)