Vote: approved

Item Text

PZ-2. SUNDERO PLAZA Case # Z2014081 Supervisor District: 4 Applicant/Owner: Ed Reichenberg/MEHROB, LLC Request: Modification of Condition for time extension Site Location: Approximately 550’ south of the SEC of El Mirage Rd. and Loop 303 Site Size: Approximately 20.22 acres County Island Status: N/A Additional Comments: The request is to amend condition ‘d’ of Z2002140 and amend Z2008052 which required a precise Plan of Development within three years, or by 8/20/11. Consistent with all the recent cases the modified condition will instead require a 5-year revolving status report until a Plan of Development is approved. Commission Recommendation: On 1/22/15, the Commission voted 9-0 to recommend approval of Z2014081 subject to conditions ‘a’ – ‘y: a. Development of the site shall comply with the Zoning Exhibit entitled “Sundero Plaza Conceptual Site Plan“, consisting of one (1) full-size sheet, dated February 17, 2005 and stamped received June 26, 2008, except as modified by the following stipulations. b. Development of the site shall be in conformance with the Narrative Report entitled “Sundero Plaza”, consisting of 12 pages and exhibits, dated revised June 23, 2008, and stamped received June 26, 2008, except as modified by the following stipulations. c. Development of the site shall comply with the landscape plan entitled “Sundero Plaza Conceptual Landscape Plan”, consisting of one (1) full-size sheet, dated revised February 28, 2005 and stamped received June 26, 2008 except as modified by the following stipulations. d. Approval is subject to conditional zoning for a period of five (5) years, within which time a precise Plan of Development must be approved. If a precise Plan of Development is not approved within this timeframe, this case will be referred to the Board of Supervisors, upon recommendation by the Planning and Zoning Commission, for reversion to the previous zoning classification. A status report is required to be submitted every year from the date of approval of this case (Z2014081) by the BOS until a precise Plan of Development is approved. e. Per Maricopa County Department of Transportation requirements the applicant shall provide only three (3) access points (driveways) onto El Mirage Road with primary access aligning with proposed access Pinnacle Peak Road re-alignment. f. Concurrent with the submittal of a precise plan of development for the site, a final landscape plan is to be submitted which is generally consistent with the conceptual landscape plan. g. 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. h. The following Flood Control District of Maricopa County shall be completed: 1. Any walls or fences including footings adjoining Flood Control District’s property must be entirely on the parcel. A Right-of-Way Permit from the Flood Control District’s Civil/Structures Branch, Engineering Division will be needed. 2. Any discharges onto Flood Control District’s property will require a Right-of-Way Permit. i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. j. 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. k. Prior to zoning clearance, the developer 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. l. Prior to zoning clearance, the developer shall provide a “will-serve” letter from Arizona American Water Company or other qualified provider for both water and sewer service. m. 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. n. Development and use of the site shall comply with requirements for fire hydrant placement and other 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. o. The property owner shall notify future property owners or lessees that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your occupied buildings 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 overflights 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. 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 included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. p. 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 screened with a continuous parapet. q. 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. r. Concurrent with the submittal of a precise plan of development for the site, a final sign package is to be submitted in accordance with Maricopa County Zoning Ordinance C-S sign regulations. s. The site is subject to a Plan of Development (PD) Overlay zone. A precise Plan of Development shall be required prior to development. t. Major changes to the site plan, landscape plan, building elevations, and narrative report shall be processed as a revised application, with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. [Major changes to the project may require a new Citizen Participation Process as determined by the Planning and Development Department.] 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 Special Use Permit 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 following Maricopa County Engineering review comments shall apply: 1. All previous applicable Drainage Plan Review, Flood Control District and MCDOT stipulations issued under Z2002140 and Z2008050 shall remain in effect. 2. A Traffic Impact Study will be required with the application for building permits if a left turn(s) into the site from southbound El Mirage Road are contemplated. y. The following Maricopa County Environmental Services Department (MCESD) review comments shall apply at the time of building permit application if the project disturbs more than one acre: 1. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The owner/developer shall prepare a SWPPP and obtain approval by MCESD prior to construction. (A separate submittal to MCESD is required.) Upon completion of construction, the owner shall fulfill MCESD requirements and obtain a post-construction stormwater permit. 2. The site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. (C-44-15-055-M-00)