Vote: approved

Item Text

PZ-5. MARBELLA HOMES SECTION 6 ASSEMBLAGE Case #: Z2016025 Supervisor District: 4 Applicant / Owner: Tiffany & Bosco, PA / John Wittrock Request: Zone Change from Rural-43 to R-5 Residential Unit Plan of Development (RUPD) Site Location: Generally located ¼ mile south of Jomax Rd. and east of 163rd Ave. in the Surprise area Commission Recommendation: On 8/4/16, the Commission voted 5-0-1 to recommend Approval of Z2016025 subject to conditions ‘a’ – ‘n’, with revised language for conditions ‘a’, ‘b’, ‘e-3’, ‘g-1’, ‘h’, and proposed new conditions ‘j’, ‘k’, ‘l’, ‘m’, and ‘n’ as provided in a handout from the applicant. Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Paloma Creek – A Rezone from RU-43 to R-5 RUPD,” consisting of 1 full-size sheet, dated June 30, 2016 and stamped received July 1, 2016 except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised zoning exhibit to address changes as agreed upon by the City of Surprise. b. Development of the site shall be in conformance with the Narrative Report entitled “Z2016025 – Marbella Homes – Paloma Creek”, consisting of 18 pages, dated June 20, 2016, and stamped received July 1, 2016 except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised narrative report to address changes as agreed upon by the City of Surprise. c. A Residential Unit Plan of Development (RUPD) is applied to the site specifically to limit the R-5 permitted uses to those acceptable to the Maricopa County Environmental Services Department (MCESD) until such time that either water and sewer services are provided or effective annexation by the City of Surprise. d. Unless the site is effectively annexed into the City of Surprise, a Final Plat is required prior to construction permitting. e. The following R-5 RUPD standards shall apply: 1. Single-Family Traditional (Detached SFR or Attached Townhome) 1. Height: 30’/2 Stories – Detached SFR, 40’/3 Stories – Attached SFR Townhome 2. Front Yard: 20’ 3. Side Yard: 5’ 4. Street-side Yard: 10’ 5. Rear Yard: 25’ – Detached SFR, 12’ – Attached SFR Townhome 6. Lot Area: 5,000 sq. ft. 7. Lot Width: 45’ – Detached SFR, 30’ – Attached SFR Townhome 8. Minimum Lot Area per Dwelling Unit: 5,000 sq. ft. – Detached SFR, 3,000 sq. ft. – Attached SFR Townhome 9. Maximum Lot Coverage: 60% 10. Parking Spaces: 2 Spaces 2. Neo- Traditional (Detached SFR or Attached Townhome) 1. Height: 40’/3 Stories 2. Front Yard: 5’ 3. Side Yard: 5’ 4. Street-side Yard: 5’ or 2’; side-turn garage 5. Rear Yard: 5’ 6. Lot Area: 2,500 sq. ft. 7. Lot Width: 45’ – Detached SFR, 30’ – Attached SFR Townhome 8. Minimum Lot Area per Dwelling Unit: 2,500 sq. ft. 9. Maximum Lot Coverage: 60% - Detached SFR, 60% - Attached SFR 10. Parking Spaces: 2 Spaces 3. Commercial uses shall be prohibited in the R-5 RUPD Zoning District. f. All buildings are subject to noise attenuation as per ARS § 28-8482(B). g. The following Planning and Engineering Comments shall apply: 1. Without the submittal of a precise plan, no development approval is inferred by this review, including, but not limited to access, roadway alignments and required right-of-way dedications. These items will be addressed as development plans progress for further review and/or entitlement. 2. The site contains significant areas of Special Flood Hazard Areas (SFHA) (Floodways and Floodplains). As development plans progress for this site, provision for the natural drainage corridors to remain must be included with any design. Alternatively, alteration or relocation of the SFHAs must be approved by the Flood Control District of Maricopa County and FEMA through the CLOMR/LOMR process. 3. Submission of a CLOMR application to the Flood Control District must be prior to or concurrent with the application for preliminary plat or a precise plan of development to Planning & Development. 4. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site. 5. Owner/developer shall be responsible for identifying and procuring any permit(s) for disturbance of, or work within, delineated jurisdictional (404) washes. h. 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 annexation into the City of Surprise or an approved pre-annexation agreement must occur. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2016025, which details the status of this project, including progress on annexing into the City of Surprise. 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 annexation occurs. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowners. The granting of this approval allows the property owners 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 to 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. j. Multi-family housing will not be allowed in the Development. k. Public Use Trails will be developed within the site and will connect to a regional system in accordance to the City of Surprise Parks and Trails Master Plan. l. The applicant shall work with the City of Surprise on a transition to lower density housing products adjacent to current Rural Neighborhoods. A density transition should follow the Character Areas consistent with the Character Area Compatibility table within the Surprise General Plan 2035. m. The applicant understands that the property lies within the water and wastewater service area of the City of Surprise. The City of Surprise will provide water and wastewater services upon successful annexation into the City in accordance with the terms of that annexation. The applicant will not seek the expansion of any other water or wastewater service provider’s CC&N into the subject property. n. The applicant agrees to work with the City of Surprise to create development standards that are acceptable to the City of Surprise. (C-44-17-015-M-00)