Vote: approved

Item Text

PZ-1. CROSSRIVER POINT Case #: Z2015042 Supervisor District: 4 Applicant/Owner: Bowman Consulting Group/Empire Residential Communities Fund II, LLC Request: Zone Change from Rural-43 to R1-6 RUPD Site Location: Northwest corner of Williams Dr. and 120th Ln. in the Peoria area Site Size: Approximately 9.92 ac. County Island Status: N/A Additional Comments: N/A Commission Recommendation: On 9/10/15, the Commission voted 6-0 to recommend approval of Z2015042 subject to conditions ‘a’ – ‘k’: a. Development of the site shall comply with the Zoning Exhibit entitled “Crossriver Point Preliminary Plat“, consisting of 2 full-size sheets, dated July 15, 2015 and stamped received July 16, 2015 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Rezone and Preliminary Plat Crossriver Point”, consisting of 6 pages, dated May 15, 2015, and stamped received July 16, 2015 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. All buildings are subject to noise attenuation as per ARS § 28-8482(B). e. Noncompliance with any Maricopa County Regulation or condition of approval shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 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. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, a hearing shall be scheduled with the Board of Supervisors for consideration to revert the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the initial subdivision infrastructure permit or construction permit for each phase must be approved. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015042 which details the status of this project, including progress on obtaining subdivision infrastructure and/or construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the initial subdivision infrastructure and/or construction permits. h. Based on the conceptual design nature of the information 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. i. Any application for site development must include a grading and drainage plan prepared by a licensed civil engineer in accordance with Planning & Development Form 706 (Preliminary Plat Phase) & Forms 705 & 712B (Final Plat & Building Permit Phase). j. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. k. The following R1-6 RUPD standard shall apply: 1) Minimum Lot Width: 50’ (C-44-16-014-M-00)