Vote: approved

Item Text

PZ-1. INSIGNIA PROJECT Case #: CPA2015007 Supervisor District: 5 Applicant/Owner: Carolyn Oberholtzer, PLLC/Insignia Estates, LLC Request: Comprehensive Plan Amendment for modifications of conditions. CPA case approval is by Resolution. Site Location: North side of Old U.S. 80, approximately 1 mile west of Bruner Rd. in the Buckeye area. Site Size: Approximately 543 acres Commission Recommendation: 9/24/15, the Commission voted 6-0 to recommend approval of CPA2015007 subject to conditions ‘a’ – ‘s’ with modification to condition ‘h’, all conditions shown in final format: a. Development shall comply with the Comprehensive Plan Amendment document entitled “Insignia”, a bound document, dated September 8, 2006 and stamped received October 27, 2006, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Changes to the Insignia Major Comprehensive Plan Amendment with regard to use and intensity, or the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Revised applications shall be in accordance with the applicable Comprehensive Plan Amendment Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. Non-compliance with the approved Insignia Major Comprehensive Plan Amendment, including the narrative report, maps, exhibits, or approved stipulations, constitute a violation in accordance with the Maricopa County Zoning Ordinance. c. The applicant shall submit a written report every five (5) years from the date of Board of Supervisors approval of CPA2015007. The status report shall include a description of compliance with the conditions of approval of CPA2015007 and the progress on obtaining necessary permits for development of the 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. d. The total number of residential units shall not exceed 2,091 dwelling units. e. A minimum of 15 acres (or equivalent amount as approved by Maricopa County Planning and Development Department) of the Community Retail Center be zoned C-O for commercial office uses. f. Not less than 23.5 acres shall be reserved for Recreational Open Space (ROS) land use. Further, the project shall have one (1) park site a minimum of eight (8) acres net as depicted on the land use plan. In addition, not less than ten (10) pocket parks at least one-half (1/2) acre size each shall be provided. All parks shall include recreational amenities. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative ROS acreage and park numbers with respect to the requirements of this stipulation. A description of the types of recreational amenities that will be included in the ROS and mini-park areas shall also be submitted with all preliminary plats to the Maricopa County Planning and Development Department. g. Prior to any zoning change, the master developer shall enter into a development agreement with Maricopa County. Further, prior to any rezoning approval this development agreement shall be signed by both the master developer and the designated Maricopa County representatives and provided to the Maricopa County Planning and Development Department for public record. h. The property owner, Insignia Estates LLC or its successors, heirs, or assigns, and/or the developers of the subject project of approximately 543 acres known as Insignia, shall enter into a pre-annexation development agreement with the City of Buckeye prior to the approval of any further development-related applications within Maricopa County on this project, including rezoning, or preliminary plats. If at the time of the application, the Insignia property is able to annex into the City, information as to the possibility of annexation will be provided to the County in connection with such application. The City of Buckeye intends to plan, annex, zone and potentially approve the subdivision of all property within the Buckeye municipal planning area which includes the Insignia project. The pre-annexation development agreement, if possible shall include, among other things, that all project infrastructure shall be constructed accordingly to all City of Buckeye standards. i. Prior to any zoning change, a Traffic impact Study shall be submitted for review and approved by MCDOT and MCDEM. j. Prior to approval of the initial final plat an agreement shall be signed by both the master developer and the Bureau of Land Management to control access onto public lands that share a common boundary with private residential development and that defines portals, access and routes into such public lands. This signed agreement shall be provided to the Maricopa County Planning and Development Department for public record. k. The following MCDOT stipulations shall apply: i. The applicant will be required to comply with all recommendations in the MCDOT - approved TIS. ii. The applicant will be required to comply with all other standard MCDOT recommendations, including but not limited to: 1. Provide all-weather access. 2. Provide two means of access at all times. 3. Provide paved access to the nearest paved roadway. 4. Provide ultimate full-width construction of interior streets and half-width construction of perimeter streets. 5. Provide offsite improvements to Old US 80 including signalization (if warranted per the TIS.) 6. Provide offsite improvements and/or redesign to Patterson Road (including signalization) if warranted per the TIS. 7. All roadway 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 prior to zoning clearance. 8. Prior to issuance of any permits for development of the site, including landscaping, underground electrical transmission, channel crossings, or other improvements occurring within the right-of-way, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation. 9. 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 County Design Standards. l. Prior to the approval of the first Final Plat or the first Approval to Construct (whichever comes first), final detailed Water and Wastewater Master Plans (both onsite and offsite) must be submitted to MCESD, under application and fee, for review and approval. No final plats or Approvals to Construct will be issued prior to approval of these Final Master Plans. A Certificate of Assured Water Supply must be obtained for the development prior to recordation of the final plat. m. At the time each residential building permit is issued, two-hundred fifty dollars ($250) per house will be paid by the developer to a fund for the Buckeye Hills Regional Park for trails and facilities enhancement and maintenance. The County shall deposit and hold all receipts in the parks special revenue fund for the specific purposes stated above. All interest earned on the fund shall remain an asset of the fund. The assets of this fund are not intended to replace existing county appropriations for similar purposes, but rather are intended as supplemental resources resulting from additional park usage by Insignia residents. Maricopa County Parks and Recreation Department will provide each residential unit in the Insignia subdivision with a one-year, seventy-five dollar ($75) voucher toward the purchase of an annual pass for entrance into any desert mountain regional park administered by said department, except Lake Pleasant Regional Park. n. At the time each residential building permit is issued, two-hundred fifty dollars ($250) per house will be paid by the developer to a fund for the Maricopa Trail for design, construction, enhancement, operation and maintenance. The County will deposit and hold all receipts in the trails special revenue fund for the specific purposes stated. All interest earned on this fund shall remain an asset of the fund. The assets of this fund are not intended to replace existing County appropriations for similar purposes, but are intended as supplemental and enhancement resources needed as this community grows in its residents use of the Maricopa Trail. o. At the time each residential building permit is issued the applicant shall make a $596.00 life assessment to the Maricopa County Library District, for the purposes of future library service needs. p. An archeological survey of the subject property shall be conducted prior to approval of any preliminary plat to locate and evaluate any cultural resources on the site. Once complete, a report of the results shall be provided to the Arizona State Historic Preservation Officer for review and comment before any ground disturbing activities related to development are initiated. The applicant shall perform an archeological analysis to evaluate the eligibility of cultural resource sites for the National or State Register of Historic Places. If Register eligible properties cannot be avoided by development activities, then the Arizona SHPO shall determine if a data recovery (excavation) program is necessary. Should federal permits be required for the project, then any archeological work performed must meet the Secretary of Interior Standards, and will be subject to the National Historic Preservation Act. q. The following Maricopa County Sheriff’s office stipulation shall apply: Prior to any zone change, the master developer shall enter into a development agreement with the Maricopa County Sheriff’s Office. This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to donate at no cost to the county, for use by the Maricopa County Sheriff’s Office, separate office space (the size to be determined in the development agreement) for an on-site law enforcement building for the Sheriff’s Office to conduct day-to-day business related to providing law enforcement services to Insignia and surrounding areas. The office space complete with tenant improvements per Maricopa County Sheriff’s Office requirements and associated parking shall be provided not later than two (2) years from the opening of the first model home complex within the DMP, or as agreed to in the development agreement. This development agreement shall also include, but not necessarily be limited to, the master developer’s requirement to pay for start up costs and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until full law enforcement service contract is otherwise implemented. This development agreement shall be signed by both the master developer and the Maricopa County Sheriff’s Office and provided to the Maricopa County Planning and Development Department for public record. r. Unless written confirmation is received from Luke Air Force Base stating that this project is no longer impacted by a military training route, the master developer shall notify future homeowners that they are located within the state-defined “military training route” with the following language: “You are buying a home or property under an existing military training route (vr-242 f-g 300.) Aircraft flying in this training route are authorized to fly as low as 300 feet above the ground. You will be subject to direct overflights 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 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 recorded on all final plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the public report and conveyance documents. s. The following MCESD stipulation shall apply: 1. Prior to issuance of additional entitlements, approved preliminary master plans for both water and wastewater systems must be approved by MCESD. (C-44-16-018-M-00)