Vote: approved

Item Text

PZ-2. DESERT VALLEY VISTAS Case: Z2014020 Supervisor District: 4 Applicant: Earl, Curley & Lagarde, P.C. for 411 Investments LLC Request: Modification of condition ‘x’ of case Z2007131 Site Location: Northeast corner of 411th Ave. & Thomas Rd. alignment in the Tonopah area Site Size: Approx. 35 ac. Commission Recommendation: Approval by a vote of 6-0 subject to conditions 'a' - 'y': a. Development of the site shall comply with the Zoning Exhibit entitled “Desert Valley Vistas”, consisting of one (1) full-size sheet, dated March 12, 2009, and stamped received April 2, 02009, except as modified by the following stipulations. b. Development of the site shall be in conformance with the Narrative Report entitled “Desert Valley Vistas”, consisting of twenty (20) pages, dated March 20, 2009, and stamped received April 2, 2009, except as modified by the following stipulations. c. 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. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. d. Dedication of additional rights-of-way to bring the total half-width dedication to 100’ for 411th Ave. and 65’ for Thomas Rd. shall occur with the Final Plat. e. Access to 411th Ave. in the future condition will be limited to right-in and right-out. f. The density range shall fall within range of 2-5 d.u./ac and the maximum number of units shall not exceed 175. g. The developer/property owner shall make a contribution to Regional Transportation Infrastructure. The contribution shall be $3,281.00 per residential dwelling unit at time of building permit. h. All interior streets within the proposed development are to be constructed to minimum County standards. i. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. j. 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. k. 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. l. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. m. The subject parcel has a pending Zone A on the southwest portion of the parcel, which is part of the Palo Verde Floodplain Delineation Study. The FEMA CLOMR/LOMR process must be followed during development of the site. n. A note must be placed on the plat and in the CC&R’s that this site is located within the 10-mile Plume Exposure Pathway Emergency Planning Zone (EPZ) for the Palo Verde Nuclear Generating Station (PVNGS). The CC&R’s should provide information on actions to be taken in the event of an emergency at PVNGS. o. The site is located within the 10-mile Plume Exposure Pathway Emergency Planning Zone (EPZ) for the Palo Verde Nuclear Generating Station (PVNGS). The owner shall post emergency information indicating evacuation routes and actions to take upon hearing the sirens. Placards and posters are available from the Emergency Planning Department at PVNGS. p. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance or Final Plat approval, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. q. Prior to 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 Department servicing the site. r. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction. s. A quality of life assessment of $596 for each housing unit built shall be made available to the Maricopa County Library District. t. 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. u. 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). v. 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 Permit or Zone Change as set forth in the Maricopa County Zoning Ordinance. w. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with stipulations. x. The conditional R1-6 Zoning 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 Z2014020. The status report shall include a description of compliance with the conditions of approval of the Zoning case (Z2007131); compliance with the approved narrative report (Z2007131); 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 have been approved for this development. y. Owner/developer shall include in the final plat for this property open space amenities to address recreation needs of small children, teenagers, and families. There amenity areas will include the following elements: tot lots, sport court, sand court, shade ramadas and turf play areas. Final details on location and configuration of these open space amenities to be worked out with the County staff during the Final Plat process. (C-44-15-005-M-00)