Vote: approved

Item Text

PZ-1. DESERT VALLEY VISTAS Case: CPA2014003 Supervisor District: 4 Applicant: Earl, Curley & Lagarde PC for 411 Investments LLC for Request: Modification of condition 'c' of case CPA200810. CPA case approval is by Resolution. Site Location: Northeast corner of 411th Ave. & Thomas Rd. in the Tonopah area Site Size: Approx. 40 acres Commission Recommendation: Approval by a vote of 6-0 subject to conditions ‘a’ – ‘g’: a. Development shall comply with the Comprehensive Plan Amendment document entitled “Desert Valley Vistas Comprehensive Plan Amendment”, a bound document, dated revised March 16, 2009, and stamped received April 2, 2009, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Changes to the Desert Valley Vistas Comprehensive Plan Amendment 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 Comprehensive Plan Amendment Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. Non-compliance with the approved Desert Valley Vistas Comprehensive Plan Amendment, including the narrative report, maps, exhibits, or approved stipulations, constitutes a violation in accordance with the Maricopa County Zoning Ordinance. c. The Comprehensive Plan Amendment shall remain in effect on the property, but is subject to a written status report being provided by the property owner every five (5) years from the date of Board of Supervisors approval of CPA2014003. The status report shall include a description of compliance with the conditions of approval of the Comprehensive Plan Amendment case (CPA200810); compliance with the approved narrative report (CPA200810); and the progress on obtaining necessary permits for development of the “Desert Valley Vistas” project. The status report shall be reviewed by staff to determine whether the project remains in compliance with the approved stipulations, or whether to schedule the matter for review by the Commission for recommendation to the Board. This stipulation shall remain in effect until all final plats and/or plans of development have been approved for this development. d. The property owner and their successor waive claim for diminution in value if the County takes action to rescind approval of this comprehensive plan amendment due to non-compliance with any of the approved stipulations or other conditions of approval. e. The following Maricopa County Department of Transportation (MCDOT) stipulations shall apply: 1. Provide a total half-width of 100’ right-of-way on 411th Avenue. 2. Provide a total half-width of 65’ right-of-way on Thomas Road. 3. The developer/property owner shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit at the time of building permit. f. The following Drainage Administration comments 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 Regulation and design policies and standards. g. The following Maricopa County Emergency Management (MCDEM) stipulation shall apply: • 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 that 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. (C-44-15-004-M-00)