Vote: approved

Item Text

PZ-1. HASSAYAMPA RANCH Case #: DMP2016001 Supervisor District: 4 Applicant/Owner: Gammage & Burnham PLC / Hassayampa Ranch Phoenix ASLI V LLLP Request: Modification of conditions to the Hassayampa Ranch DMP (ref. #DMP2011001 & DMP2005007) Site Location: North of Indian School Rd. alignment, south of Bethany Home Rd. alignment, west of 323rd Ave. alignment, and east of 343rd Ave. alignment. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of DMP2016001 subject to conditions ‘a’ – ‘mm’: Provided the following conditions are met: a. Development and use of the site shall comply with the narrative report titled “Development Master Plan for Hassayampa Ranch” dated revised October 27, 2006 and stamped received November 1, 2006, consisting of 93 pages, all appendices, and all figures and tables except as modified by the following stipulations. b. Changes to the Hassayampa Ranch Development Master Plan 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 Development Master Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. The Maricopa County Planning and Development Department may administratively approve minor changes to the Hassayampa Ranch Development Master Plan as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Hassayampa Ranch Development Master Plan, including the narrative report, maps, exhibits, or approved stipulations, constitute a violation in accordance with the Maricopa County Zoning Ordinance. c. The master developer shall make arrangements for completion of all necessary fire stations concurrent with development in the applicable service area. Compliance shall be documented by the fire district/service provider and filed with Maricopa County. d. The master developer shall submit a written report every 5 years from the date of Board of Supervisors approval of DMP2016001. The status report shall include a description of compliance with the conditions of approval of DMP2016001. The status report shall also include location of approved construction, the total number of units permitted and platted, locations of developed parcels, location of parcels under construction, location of parcels sold to other developers, status of infrastructure development, current project density using both constructed and approved devilling units, location of any amendments made to the master plan, the status and ration of non-residential property, and such other information as may be reasonably requested by the Maricopa County Planning and Development Department. This 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. e. Prior to approval of any zoning change, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zoning change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. f. The Hassayampa Ranch master homeowners association shall be responsible for the maintenance of all private roads; public open spaces and amenities; washes; parks; roadway median landscaping; landscaping within public rights-of-way; all pedestrian, bicycle, and multi-use paths; and other community amenities. g. Concurrent with each preliminary plat application, the master development shall provide documentation as to how the preliminary plat complies with the Maricopa Regional Trail plan. h. Concurrent with each preliminary plat application, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa County Bicycle Transportation Plan. i. All irrigation water supplied for common and open space areas and lakes shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within three years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the three year requirement. j. The total number of residential dwelling units for the Hassayampa Ranch Development Master Plan shall not exceed 5,707 residential units. To help ensure compliance, the cumulative number of dwelling units permitted to that point shall be identified on each preliminary and final plat. k. The Hassayampa Ranch Development Master Plan is subject to all Maricopa County Standards and regulations in effect at the time of zoning and platting. l. All future zoning change applications for non-residential development require a Planned Development (P.D.) overlay. m. The master developer shall be responsible for the installation of all major elements of infrastructure in accordance with the Maricopa County standards in effect at the time of platting. n. The master developer shall provide neighborhood access to commercial and mixed use parcels via open space, pedestrian paths, bicycle paths, or other non-arterial street connections. Such access shall be identified on all plats and precise plans of development. o. Each mixed-use center development providing over 50 parking spaces shall assign at least 10 percent of the spaces to priority parking for car pools. Such spaces shall be identified on all precise plans of development. p. Unless otherwise agreed to in writing by the applicable school districts, not less than two (2) elementary schools, totaling 26.4 acres, shall be reserved in the locations and of the sizes identified on the Hassayampa Ranch Development Master Plan land use plan. To help ensure compliance, at the time of each preliminary plat submittal the master developer shall include a description of the status of the required number and type of schools and acreage referenced in this stipulation. Elementary Schools are prohibited from fronting on arterial streets. q. The master developer shall notify all future residents that they are not located within an incorporated municipality, and therefore will not be represented by or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, sewer, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8½ by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). r. Prior to approval of the first final plat, the master developer shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the Hassayampa Ranch DMP. These CC&Rs shall include age restrictions as outlined in the narrative report referenced in stipulation ‘a.’ It shall be the responsibility of the Homeowner’s Association to enforce these restrictions. Failure to comply with this stipulation will be considered substantial non-compliance with this DMP as referenced in stipulations ‘a’ and ‘b’ and grounds for the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revoking the approved development master plan and any associated zoning changes. s. All park facilities shall be completed concurrently with residential development within the respective parcel(s) shown on each plat. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. t. Not less than 364 acres shall be reserved for Recreational Open Space land use in the locations depicted on the Hassayampa Ranch Development Master Plan land use plan. This includes no less than 52 acres for neighborhood parks and community recreation centers, and a minimum of 38 mini/pocket parks at a minimum of one acre each. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Recreational Open Space acreage completed to that point with respect to the requirements outlined in this stipulation. A description of the types of recreational amenities that will be included in the Recreational Open Space shall also be submitted with each applicable preliminary plat to the Maricopa County Planning and Development Department. u. Not less than 412 acres shall be reserved for Dedicated/Non-Developable Open Space in the locations depicted on the Hassayampa Ranch Development Master Plan land use plan. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Dedicated/Non-Developable Open Space set aside to that point with respect to the requirements outlined in this stipulation. No development shall be allowed in these areas, and any disturbance to such areas is subject to approval by the Maricopa County Planning and Development Department. v. Not less than two community recreation centers, 2.7 and 6.6 acres respectively, shall be reserved at the locations identified on the Hassayampa Ranch Development Master Plan land use plan. w. The Hassayampa Ranch Development Master Plan shall be developed sequentially as identified on the phasing exhibit. All parcels depicted on this exhibit as “Active Adult” shall be age-restricted, and shall include no less than 1,971 of the 5,707 total residential units allowed. To help ensure compliance, the cumulative number of age-restricted dwelling units permitted to that point shall be identified on each preliminary and final plat. x. Prior to any zoning change, the applicant shall provide the Maricopa County Planning and Development Department with a “will serve” letter for fire protection from the Tonopah Valley Fire District or another qualified public or private service provider demonstrating commitment to serve the entire Hassayampa Ranch Development Master Plan. y. Not less than 40.8 acres (or equivalent measurement) shall be reserved for Mixed-Use land uses. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than 30 of the 40.8 acres (or equivalent measurement) shall be reserved for non-residential and non-retail commercial uses. At the time of each preliminary plat and precise plan submittal for the applicable parcels, the master developer shall include a description of the status of the cumulative acreage of the non-residential and non-retail commercial uses completed to date as required per this stipulation. z. Not less than 27.1 acres shall be reserved for a Community Retail Center. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than ten (10) of the 27.1 acres shall be zoned C-O. At the time of each precise site plan submittal for the applicable parcels, the master developer shall include a description of the status of cumulative acreage of C-O zoned to date as required per this stipulation. aa. Not less than 4 acres shall be reserved to facilitate an emergency response station for the fire district and the Maricopa County Sheriff’s Office to be located at the site identified on the land use exhibit. Written confirmation from the Tonopah Valley Fire District (or selected fire service provider) and the Maricopa County Sheriffs Office that the 4 acre site is sufficient to meet their response needs shall be provided to the Maricopa County Planning and Development Department prior to any zoning change. If additional emergency response stations are necessary or if the proposed site is requested by either agency to be relocated, the applicant shall process a major amendment to this DMP which is subject to Board of Supervisors approval. bb. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and an approved certificate of convenience and necessity (CC&N) from Global Water Resources which demonstrates a willingness and capability to serve the entire Hassayampa Ranch Development Master Plan. cc. The applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval by the Maricopa Association of Governments (MAG) of a 208 Amendment from Global Water Resources. The “will serve” letter shall demonstrate a willingness and capability to serve the entire Hassayampa Ranch Development Master Plan with wastewater service. The required MAG 208 amendment shall be approved by MAG prior to any zoning change. dd. Development shall be prohibited on hillside slopes of 20% or greater slope unless approved by the Maricopa County Board of Supervisors. Building envelopes shall be used for any development on slopes of 15% or greater, in which no disturbance shall be allowed outside such envelopes unless approved by the Maricopa County Board of Supervisors. ee. Prior to approval of each preliminary plat, the master developer shall submit a landscaping inventory and salvage plan which identifies and assesses the native trees and cacti within the applicable platted parcels, and which determines the preservation/disposition for each of the selected native trees and cacti to the Maricopa County Planning and Development Department. ff. The following Maricopa County Department of Transportation stipulations shall apply: 1. The applicant shall provide a Traffic Impact Study (TIS) prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The applicant shall design, construct, and install the transportation infrastructure necessary to serve the property as demonstrated by any TIS submitted by the applicant and approved by MCDOT pursuant to item1 above, and as further detailed within a Development Agreement between the applicant and Maricopa County. The Development Agreement shall be an enforceable contract, regardless of annexation. 3. The applicant shall provide the ultimate full or half-width of right-of-way for all public roadways as follows: A. Bethany Home Road: 65 feet (entire north boundary of project) B. Camelback Road: 100 feet and 200 feet C. Indian School Road: 65 feet D. 343rd Avenue: 65 feet E. 339th Avenue: 200 feet (the applicant shall dedicate 200 feet of right-of-way for 339th Avenue from Camelback Road to Bethany Home Road. Compensation for any dedication in excess of the 130 feet may be credited toward the developer’s contribution. The applicant shall reserve an additional 100 feet of right–of-way on the west side of the 200 feet of right-of-way for 339th Avenue [the “Reserved Area”] for possible expansion of 339th Avenue for freeway purposes. Said reservation shall remain until December 31, 2007 [the “Reservation Period”]. During the Reservation Period, the Reserved Area may not be developed for any use except utilities, landscaping, staging, or excess parking. Should Maricopa County elect to require the dedication of all or any portion of the Reserved Area, compensation for such dedication shall be credited toward the developer’s contribution). F. 335th Avenue: 80 feet G. 331st Avenue: 65 feet and 130 feet (from Indian School Road to Camelback Road) H. East/West Collector Road: 80 feet The above references interior and perimeter roads (the project boundary is the centerline of all perimeter roadways and/or roadway alignments). Full width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half-width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersection where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 4. Unless approved otherwise by MCDOT, the applicant shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half-width of all perimeter roadways, except that the applicant shall only be responsible for the construction of the ultimate half-width of Bethany Home Road from the western boundary of Hassayampa Ranch to 339th Avenue. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. 5. The applicant is responsible for assuring paved access to their site at the time of the first final plat. 6. The applicant shall provide all-weather access to all parcels and lots, and on all arterial roadways. Not withstanding the foregoing, no all-weather access is required to be provided to Parcel 38, provided it is designated as undeveloped open space. 7. The applicant shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 8. The applicant shall not locate elementary or middle schools fronting or siding on arterial roads. Pedestrian routes to school (Safe Routes To School Program) shall be planned so if necessary, school routes shall only cross arterials at signalized intersections or at grade separated crossings. 9. The applicant shall design the development to promote pedestrian, bicycle, and other alternative modes of transportation to public facilities within and adjacent to the site (i.e. bus bays, electric vehicles, shared accommodations, internal trail systems, etc). Trail system crossings of arterials at other than signalized intersections shall be grade separated. 10. If streetlights are provided, installation shall be provided by the applicant. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The applicant should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 11. The applicant shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The applicant (or as assigned to the Home Owner’s Association (HOA) shall be responsible for maintenance of landscaping within public rights-of-way. 12. The applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 13. The applicant shall comply with all applicable local, state, and federal requirements (dust control, noise mitigation, AZPDES, 404 permitting, etc.). 14. The applicant shall consult with ADOT regarding access to the I-10 freeway. The applicant shall provide written documentation of ADOT’s review and response. 15. If required by the MCDOT approved TIS referred to in item 1 above, the applicant shall provide right-of-way and construct a roadway along 339th Avenue from Camelback Road south to Indian School Road. 16. Throughout the DMP process, the applicant is required to make certain right-of-way dedications and provide certain roadway construction. Pending the completion of the Interstate 10 – Hassayampa Valley Roadway Framework Study, and completion of other similar studies, MCDOT may determine that such rights-of-way and/or roadway construction may not be necessary. gg. At the time each residential building permit is issued, two-hundred fifty dollars ($250) per residential unit will be paid by the developer to a park enhancement fund 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 Hassayampa Ranch residents. Details regarding this assessment are to be addressed in the Development Agreement. hh. The following Maricopa County Department of Emergency Management stipulations shall apply: 1. Adequate coverage by the existing Outdoor Warning Siren System for the Palo Verde Nuclear Generation Station is required. Otherwise, the applicant shall be responsible for installation of adequate additional sirens providing for adequate coverage for the Hassayampa Ranch Development Master Plan. The applicant shall obtain information on existing siren coverage from the Maricopa County Department of Emergency Management. If existing coverage is inadequate, the master developer shall provide funding to cover expenses of installing new sirens. Palo Verde Nuclear Generating Station will coordinate installation of the sirens. Siren coverage must meet the standards set forth in CODE OF FEDERAL REGULATIONS FEMA RULE 44 – PART 350. Adequate siren coverage shall be provided prior to the occupation of any proposed buildings/residences. 2. Prior to any zoning change, the applicant shall consult with the Maricopa County Department of Emergency Management to determine if the proposed development adversely impacts the existing Palo Verde evacuation plan. If the proposed development adversely impacts the evacuation plan results, then the applicant shall ensure that adequate provisions (street and road widening, interchanges, etc.) are provided to ensure evacuation assumptions and requirements are met. 3. The applicant shall ensure that public safety information regarding nuclear emergencies is initially provided to any new residents or building occupants. The applicant shall obtain this information from the Palo Verde Nuclear Generating Station – Emergency Planning Department. All costs associated with the duplication and dissemination of the initial distribution shall be assumed by the applicant. Thereafter, the Palo Verde Nuclear Generating Station will provide this public safety information annually. ii. The following Maricopa County Library District stipulation shall apply: 1. At the time each residential building permit is issued, the applicant shall pay a quality of life assessment in the amount of $596 for each residential unit to the Maricopa County Library District. jj. The following Maricopa County Sheriff’s Office stipulation shall apply: 1. Prior to any zoning 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 Hassayampa Ranch 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 a 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. kk. The master developer shall notify future residents that they are located within the vicinity of a military training route with the following notification: “You are buying a home or property within the vicinity of a military training route, and may be subject to direct overflights and noise by Luke Air Force Base and other military jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 over flights 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 training 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.” Such notification shall be permanently posted in front of all home sales offices on not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, be included in all covenants, conditions, and restrictions (CC&Rs), and be included in the public report. ll. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this Development Master Plan due to noncompliance with any of the approved stipulations. mm. Approval of this Development Master Plan with Protected Development Rights does not guarantee any specific zoning entitlement within the identified land use category. (C-44-17-044-M-00)