Vote: approved

Item Text

PZ-5. RUSSELL RANCH SOUTH Case # Z2012097 Supervisor District: 4 Applicant/Owner: HilgartWilson / J and A Camelback Property, LLC Requests: Zone change from R1-18 RUPD to R1-10 RUPD and R1-18 RUPD (Residential Unit Plan of Development) Site Location: Approximately at the northwest corner of 181st Ave. and Camelback Rd. (in the Glendale area) Site Size: Approximately 136 acres County Island Status: Class II (City of Glendale) Additional Comments: Staff provided the Commission a memorandum with attachments that included a summarized total of the support and opposition received. The applicant proposed additional conditions to the zoning case to address discussions held with stakeholders, Savannah and Russell Ranch Homeowner’s Associations with design considerations of Russell Ranch South. The Commission voted to include the additional conditions as part of the zoning case approval. Staff has calculated the support and opposition received, and notes that a Super Majority Vote has been triggered. The trigger is when 20% or more of property owners within a 300’ radius of the subject site, by number and area register opposition to the case. The opposition received accounts for 60 property owners with an area of 742,499 sq. ft. The calculations for Russell Ranch are as follows: 20.37% opposed parcel acreage within 300’ buffer 51.28% opposed parcel numbers within the 300’ buffer After the Commission hearing, staff received two additional letters regarding the project with opposition, and clarification of the drainage issues addressed during the Commission hearing with color exhibits. Commission Recommendation: On 1/22/15, the Commission voted 7-1 to recommend approval of Z2012097 subject to Conditional Zoning of Chapter 3 Article 304.6 of the Maricopa County Zoning Ordinance and subject to conditions ‘a’ – ‘y’: Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Russell Ranch South RUPD Case No. Z2012097“, consisting of one full-size sheet, dated September 4, 2014, and stamped received September 15, 2014, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Russell Ranch South Residential Unit Plan of Development (RUPD)”, consisting of 80 pages, dated September 11, 2014, and stamped received September 15, 2014, except as modified by the following conditions. c. The zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS §11-814. Construction shall commence within five (5) years from Board of Supervisors approval. The developer of the property shall submit to the Department a certified statement of compliance prior to the expiration of any time limits imposed by the Board. If the certified statement of compliance is not filed or the Development independently determines that the property has not been improved for the use for which it was conditionally approved, a public hearing shall be set before the Commission. The findings and recommendation of the Commission shall be forwarded to the Board of Supervisors for public hearing to determine compliance with the schedule of development, grant an extension, or cause the property to revert to its former zoning classification. Notification by registered mail of both the Commission hearing and the Board hearing shall be sent to the owner and applicant who requested the rezoning. Notice of public hearing shall be as set forth in Chapter 3, Section 304., Article 304.2. d. The following R1-10 RUPD standards shall apply (see RUPD table within narrative report for footnotes): 1. Front Yard: 20’ front loaded garage or 10’ side loaded or livable area of dwelling unit 2. Side Yard: 5’ 3. Rear Yard: 20’ 4. Lot Area: 6,875 sq. ft. 5. Lot Width: 55’ 6. Average Lot Area per Dwelling Unit: 12,500 sq. ft. 7. Lot Coverage: 55% 8. Accessory Buildings – Distance to Side Street on Corner Lots: 10’ e. The following R1-18 RUPD standards shall apply (See RUPD table within narrative report for footnotes): 1. Front Yard: 20’ front loaded garage or 10’ side loaded or livable area of dwelling unit 2. Side Yard: 5’ 3. Street Side Yard: 10’ 4. Rear Yard: 20’ 5. Lot Area: 13,500 sq. ft. 6. Lot Width: 100’ 7. Lot Coverage: 55% 8. Accessory Buildings – Distance to Side Street on Corner Lots: 10’ f. The following Maricopa County Department of Transportation (MCDOT) conditions shall apply: 1. The applicant shall provide a total half-width of right-of-way for the following roadway: Camelback Road 65 feet Perryville Road 65 feet 181st Avenue 30 feet for west side 181st Avenue Minimum 18 feet east side of the monument line (8’ for additional pavement to make two lanes/two way road and 10’ for clear zone distance) All such dedications shall be in fee and free of all 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. Right-of-Way dedication shall occur within six (6) months of approval of this request by the Board of Supervisors and prior to zoning clearance. 2. Provide access easement for portions of box culvert structures that’s outside of the right-of-way limits for MCDOT inspection purposes. 3. Roadway reviews of planning and/or zoning cases are 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 Standard. 4. Based upon the conceptual design nature of the preliminary plat plans submitted, changes to the site layout and /or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 5. All interior streets within the proposed development are to be constructed to minimum County standards. g. 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. 3. 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 (FCD) conditions shall apply: 1. A Floodplain Use Permit must be obtained from the Floodplain Management and Services Division of the Flood Control District. 2. Approval of the Conditional Letter of Map Revision by the Federal Emergency Management Agency (FEMA) will be required prior to Flood Control District recommending approval of the Final Plat. j. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. k. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. l. 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. m. Prior to 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, Department or Company servicing the site. n. All habitable buildings constructed within this subdivision shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). o. 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. p. 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 action in accordance with Chapter 3 (Conditional Zoning). q. 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. r. 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. s. There shall be no two (2) story homes along the lots directly adjacent to the existing platted lots along the southern boundary of the Savannah subdivision. t. There shall be no roadway extension from the existing 182nd Avenue into the proposed project. u. The applicant shall work with the Maricopa County Department of Transportation to determine if traffic calming features can be incorporated in the development of the design of 181st Avenue adjacent to the project. The design and approval shall occur at the approval of the preliminary plat. v. The applicant shall work with the Maricopa County Drainage staff to determine if a restrictive gate, drainage feature can be installed at the south end of the Savannah open space in order to prevent residents from traversing the drainage area into the Savannah open space. w. There shall be no view fences along the back yards of the lots facing west towards the Savannah subdivision. x. The applicant shall determine if at the time of preliminary plat submittal if an alternative placement of the southernmost roadway access to 181st Avenue can be relocated so as not to directly line up with W. Medlock Drive. y. There shall be no two (2) story homes directly adjacent to platted lots within Russell Ranch. (C-44-15-058-M-00)