Vote: approved

Item Text

PZ-1. MARISOL RANCH Case # DMP2015001 Supervisor District: 4 Applicant/Owner: Earl, Curley & Lagarde, P.C./FGR Investments V, LLC/Marisol 163, LLC Request: Modification of conditions of the Marisol Ranch DMP (ref. #DMP200006) Site Location: Northeast corner of 163rd Ave. (Sarival Rd.) & White Wing Rd. alignment Site Size: Approximately 634 acres County Island Status: N/A Additional Comments: At the 3/12/15 Commission hearing, the case was moved from Consent Agenda to the Regular Agenda as requested by Commissioner Muller to discuss identification of Wireless Communication Facilities for the master planned community. Staff received a memo from the City of Surprise on 3/11/2015. This letter was presented to the Commission along with a memo from staff (included as attachments to this report). In the Commission recommendation, staff corrected the following typo from condition ‘d’ number 19: d. 19. A construction traffic circulation plan shall be provided for approval by the Maricopa County Department of Transportation prior to commencing construction. Commission Recommendation: On 3/12/15, the Commission voted 7-0 to recommend approval of DMP2015001 subject to conditions ‘a’ – ‘z’: a. Development shall comply with the Development Master Plan document entitled “Development Master Plan and Protected Development Rights Plan for Marisol Ranch…”, prepared by Earl, Curley & Lagarde, P.C., et al, consisting of 57 pages including color and or large-size exhibits, dated revised October 31, 2002 and stamped received November 1, 2002, except as modified by the following stipulations. A revised document shall be submitted within 30 days of approval by the Board of Supervisors that incorporates project modifications as per the land use and open space exhibits, dated revised February 2003, that were presented to the Board of Supervisors on March 5, 2003. b. Major changes to the Marisol Ranch Development Master Plan with regard to use and intensity must be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. The Maricopa County Planning and Development Department may administratively approve minor changes to the Marisol Ranch Development Master Plan. c. Prior to approval of any subsequent preliminary subdivision plats for Marisol Ranch, the applicant shall provide proof of assured water and wastewater services for the development. d. The following Department of Transportation stipulations shall apply to development of Marisol Ranch: 1. An approved Traffic Impact Analysis shall be on file with the Maricopa County Department of Transportation. The analysis shall include development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The analysis shall be updated with each phase to reflect existing conditions and any changes to the development plan. 2. Developer contribution for proportionate share of offsite regional roadway improvements is based upon 1,882 total residential units @ $4,600 per unit or 11.3 land miles, whichever is the greatest value. The amount in this paragraph is based on contributions made in fiscal year 2002-2003. Contributions made each fiscal year thereafter shall be adjusted by the annual percentage change in the GDP Price Deflator as defined in Section 41-563, Subsection E of the Arizona Revised Statutes. Roadways shall meet County standards in effect at the time they are improved. 3. Maricopa County does not guarantee timing of regional roadway improvements. Developer is responsible for assuring paved access to their sitte at the time of the first final plat. Any improvements to the regional system necessary to provide paved access shall be credited to the developer’s contribution referred to in item 2 above. 4. All identified offsite alignments must be consistent with a County approved transportation plan. 5. All-weather access shall be provided to all parcels and on all arterial roadways. 6. A minimum of two (2) access points shall be provided and available to each development phase and/or subdivision unit. 7. Loop 303 is a limited access roadway. The location of any connections shall be reviewed and approved by the Maricopa County Department of Transportation. 8. Applicant shall be responsible for submitting their arterial street network to the MAG Transportation Improvement Program for conformity analysis. Approval is required prior to commencing construction. 9. An underground conduit system (or comparable technology) shall be provided within the rights-of-way throughout the development to integrate traffic signals and for future ITS uses. 10. Schools (Pre-High School) shall not be located on arterial roads. 11. Provide neighborhood access to commercial areas by means other than using the arterial street network. 12. Use of neighborhood electric vehicles shall be accommodated in this development. Routes and other design features shall be established, as necessary, to provide safe and efficient circulation in conformance with prevailing laws and requirements at time each phase is submitted for approval. 13. Bike lanes shall be included on all arterial and major collector alignments. A bicycle circulation plan shall be provided with each phase of development. 14. Development shall be designed to promote pedestrian and bicycle use and other alternative modes of transportation to public facilities within and adjacent to the site, (e.g., bus bays, park-and-ride lots, internal trail systems). 15. Street lighting installation shall be the responsibility of the developer. A Street Light Improvement District or comparable authority shall be established to provide operation and maintenance. 16. Landscaping shall conform to Chapter 9 of the MCDOT Roadway Design Manual. Maintenance of landscaping within public rights-of-way shall be the responsibility of the applicant. 17. Offsite alignments where only two lanes are constructed, the minimum half-width right-of-way shall be acquired. Once a phase requires additional widening of the roadway beyond two lanes, the minimum full-width right-of-way shall be acquired. These widths are minimums and wider rights-of-way may be necessary due to existing terrain. 18. No median improvements, curb and gutter, sidewalk, landscaping or signalization is required on access roads unless otherwise specified herein or in the agreement referenced in item 23, below. 19. A construction traffic circulation plan shall be provided for approval by the Maricopa County Department of Transportation prior to commencing construction. 20. Applicant shall employ appropriate procedures during construction to comply with Maricopa County dust control requirements. 21. This project is subject to the National Pollutant Discharge Elimination System (NPDES) Stormwater requirements for construction sites under the Environmental Protection Agency (EPA) General Permit for Arizona. The Applicant is responsible for complying with these requirements. 22. Private streets are required to meet minimum County standards, including right-of-way, unless waived by the Board of Supervisors at time of subdivision platting. 23. A development agreement or comparable document shall be executed within 90 days of DMP approval or prior to any rezoning or preliminary plat approval. This agreement shall further detail transportation issues, including improvement phasing and cost share contributions for offsite regional roadway improvements. e. The Development Master Plan includes a road waiver to the provision of an arterial route along 155th Avenue alignment, and of a collector route along the E/W mid-section line alignment. Therefore, said road waiver requests will not be required as part of subsequent subdivision plats. f. A master plan for the water and wastewater infrastructure and associated treatment facilities that will serve the entire project shall be submitted for approval to the Maricopa County Environmental Services Department. Approval from the Department will be required prior to approval of the first preliminary subdivision plat and/or the first precise plan of development. g. Comprehensive water and wastewater master plans, prepared in accordance with the appropriate Arizona Department of Environmental Quality engineering bulletins, will be required for review and approval by the Maricopa County Environmental Services Department prior to subdivision final plat and/or water and sewer improvement plan submittals. h. The final Master Drainage Report shall be completed by the applicant and approved by the Flood Control District prior to Planning and Zoning Commission approval of the first preliminary plat. The report shall address the following: 1. The Best Technical Information, currently available, identifies significant portions of the site to be within the 100-year floodplain of the Padelford Wash. Prior to approval of any preliminary plat for any parcel within the development, the Flood Control District must review and approve an overall drainage plan which addresses all drainage issues including safely passing the 100-year flood, maintaining the sediment transport regime, and managing flood flow velocities within drainage corridors and at the downstream boundary. Such drainage solutions may result in realignment of roadways, as depicted on the project’s illustrative site plan, and may also result in adjustment to land use boundaries. 2. Due to the uncertain nature of flood flow distribution across the 100-year floodplain, the drainage corridor identified as the main stem of the Padelford Wash, which crosses 163rd Avenue south of the Dove Valley Road alignment, must be utilized as part of the overall drainage system in order to maintain adequate conveyance for the 100-year flood, in addition to the proposed drainage corridor adjacent to 163rd Avenue. 3. Prior to any development, the developer must contact the Flood Control District concerning a Floodplain Use Permit for any development within the 100-year floodplain and appropriate submittals to the Federal Emergency Management Agency (FEMA). 4. Prior to issuance of building permits for individual buildings within the 100-year floodplain, individual Floodplain Use Permits must be obtained for each such building. Any such building lots requiring a Floodplain Use Permit must be specifically identified on the Final Plat. 5. Prior to issuance of any building permits within the 100-year floodplain, the requirements for Floodplain Use Permits and FEMA submittals and approvals must be satisfied. 6. The Preliminary Master Drainage Report indicates that storm water from the site will be detained, rather than retained on-site, subject to maintaining peak flows from the site at or below pre-development conditions. The Drainage Regulations for Maricopa County require developments to have a retention system that receives and retains the volume generated from the 100-year, 2-hour runoff event falling over the entire development site, including all rights-of-way, excluding off-site flows. A variance from the drainage regulations must be obtained in order to retain a volume less than the 100-year, 2-hour event. i. An archaeological survey of the subject property shall be conducted, prior to Planning and Zoning Commission approval of the first preliminary plat, to locate and evaluate cultural resources that might be present. Once the survey is complete, a report of the results shall be sent to the Arizona State Historic Preservation Office for review and comment before any ground disturbing activities related to development are initiated. If prehistoric or historic sites are identified within the subject area, it may be necessary to have archaeological testing performed at the sites to evaluate their eligibility for the National or State Register of Historic Places. Further, if Register eligible properties cannot be avoided by project activities, then the Arizona State Historic Preservation Office 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 provisions of Section 106 of the National Historic Preservation Act. j. The total number of dwelling units for Marisol Ranch shall not exceed 1,882 unless modification approval is provided by the Maricopa County Board of Supervisors. The number of dwelling units (single-family and multi-family) shall be tracked on subdivision plats. k. The developer shall be responsible for construction of all public and private on-site roadways within the designated Marisol Ranch boundaries. Further, the homeowners/property owners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping within the public rights-of-way, and of pedestrian, bicycle, and multi-use pathways. l. All water for construction purposes and irrigation supplied to common areas and water used to fill or refill lakes or water features in common areas shall be provided entirely by a renewable supply of water, such as treated effluent, surface water or CAP water, upon completion of 1,882 units or within five (5) years after commencement of on-site development whichever comes first. Interim water for construction purposes, irrigation of golf courses and common areas and filling or refilling lakes may be supplied by groundwater and shall be in direct compliance with prevailing ADWR and Active Management Area rules and regulations. m. Prior to Planning and Zoning Commission approval of each preliminary plat, developer will provide a “will serve” letter from Arizona-American Water Company for the provision of potable water. Developer may submit a “will serve” letter from a different qualified public or private utility in place of Arizona-American Water Company upon approval by the Maricopa County Planning and Development Department. n. Prior to Planning and Zoning Commission approval of each preliminary plat, developer will provide a “will serve” letter from Arizona Public Service for electric service. Developer may submit a “will serve” letter from a different qualified public or private utility in place of Arizona Public Service upon approval by the Maricopa County Planning and Development Department. o. Prior to Planning and Zoning Commission approval of each preliminary plat, developer will provide a “will serve” letter from Rural/Metro Fire Department for fire protection services. Developer may submit a “will serve” letter from a different qualified public or private fire service in place of the Rural/Metro Fire Department upon approval by the Maricopa County Planning and Development Department. p. Prior to Planning and Zoning Commission approval of each preliminary plat, developer will provide a “will serve” letter from Qwest Communications for telephone service. Developer may submit a “will serve” letter from a different qualified public or private telephone company in place of Qwest Communications upon approval by the Maricopa County Planning and Development Department. q. Should the developer elect to develop with natural gas service, then prior to Planning and Zoning Commission approval of each preliminary plat, developer will provide a “will serve” letter from Southwest Gas. Developer may submit a “will serve” letter from a different qualified public or private utility in place of Southwest Gas upon approval by the Maricopa County Planning and Development Department. r. Prior to Planning and Zoning Commission approval of each preliminary plat, the developer will submit a landscaping inventory and salvage plan which identifies and assesses the native trees and cacti within the development parcel, and which determines the preservation/disposition for each of the selected native trees and cacti to the Planning and Development Department. The project shall comply with all Arizona native plant laws. s. Prior to Planning and Zoning Commission approval of the first preliminary plat, the developer shall enter in a development agreement with the Library District of Maricopa County. Said agreement shall detail whether the developer will provide a site and/or facility for a library branch, or provide a monetary contribution for public library services. Said development may include a quality of life assessment of $377 per unit that shall be made available to the Maricopa County Library District to be used for operational purposes only. t. One hundred dollars ($100) per house will be paid by the developer as each residential unit at the time the building permit is issued to a fund trails and park/recreational facilities enhancement and maintenance. The County shall deposit and hold all receipts in the parks enhancement fund for the specific purposes stated above. All interest earned on the fund shall remain an asset of the fund. u. The applicant shall submit a written report every (5) five years from the date of Board of Supervisors approval of DMP2015001. The status report shall include a description of compliance with the conditions of approval of DMP2015001 and the progress on obtaining necessary permits for development of the “Marisol 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. v. Development and related construction activity shall comply with the “Guidelines for Handling Sonoran Desert Tortoises Encountered on Development Projects”, consisting of two pages dated revised January 17, 1997 and stamped received August 26, 2002. w. The developer shall provide trail access from the open space hillside area on the eastern edge of Marisol Ranch to the southern property line to allow for pedestrian access to the open space area by the adjacent property owners. x. Salvageable native vegetation shall be tagged and relocated as part of the development of the Marisol Ranch master-planned community. y. Development will comply with City of Surprise requirements for the Scenic Corridor along 163rd Avenue (Sarival Road). z. Unless annexed into the City of Surprise or City of Peoria, prior to approval of a final plat by the Board of Supervisors, the applicant shall enter into a development agreement with the Maricopa County Sheriff’s Office to ensure the adequate provision of police services to the site. A copy of the agreement shall be provided to the Planning and Development Department. (C-44-15-069-M-00)