Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

8.SYMMETRY AT 56TH ST. & LONE MOUNTAIN Case #: Z2019136 Supervisor District: 2 Applicant / Owners: William E. Lally, Tiffany & Bosco, P.A. / Arnold 56th Street Investment Company, LLC, Susan Arnold Demuro, and Alice Opal Arnold Request: Zone change from Rural-43 to R1-18 RUPD (Staff has calculated the support and opposition received, and notes that a Super Majority Vote has been triggered.) Site Location: Generally located ¼ mile southeast of the southeast corner of Lone Mountain Rd. and 56th St

Item Text

8. SYMMETRY AT 56TH ST. & LONE MOUNTAIN Case #: Z2019136 Supervisor District: 2 Applicant / Owners: William E. Lally , Tiffany & Bosco, P.A. / Arnold 56th Street Investment Company, LLC, Susan Arnold Demuro , and Alice Opal Arnold Request: Zone change from Rural-43 to R1-18 RUPD (Staff has calculated the support and opposition received, and notes that a Super Majority Vote has been triggered.) Site Location: Generally located ¼ mile southeast of the southeast corner of Lone Mountain Rd. and 56th St. in the Phoenix area Commission Recommendation: On 1/14/21, the Commission voted 6-0 to recommend approval of Z2019136 subject to conditions ‘a’ – ‘o’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “56th St. & Lone Mountain”, consisting of 1 full-size sheet, dated December 2020 and stamped received December 27, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “56th Street & Lone Mountain”, consisting of 20 pages, dated December 14, 2020, and stamped received December 27, 2020, except as modified by the following conditions. c. The following R1-18 RUPD standards shall apply: 1. Max. Height: 30’, all homes limited to single story 2. Min. Front Yard: 20’ front loaded garage, 10’ side loaded garage or livable area of dwelling unit. 3. Min. Side Yard: 5’ 4. Min. Street-side Yard: 10’ 5. Min. Rear Yard: 20’ 6. Minimum Lot Area: 10,125 sq. ft. 7. Minimum Lot Width: 75’ 8. Average Lot Area per Dwelling Unit: 18,081 sq. ft. 9. Maximum Lot Coverage: 55% 10. Min. Number of Off-Street Parking Spaces: 2 d. The total number of residential units shall not exceed 56. e. The developer shall provide a 25’ open space buffer on the northern perimeter of the property to be maintained by the Homeowners Association. f. The developer shall provide a 40’ landscape buffer on the north side of the southern perimeter of the property to be maintained by the Homeowners Association. g. The developer shall provide a view fence on the southern perimeter of the property. h. The following Planning Engineering conditions shall apply: 1. The development of the site will pose significant challenges with respect to storm water management. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with any future entitlement application (i.e. preliminary plat). 3. Dedication of right-of-way along 56th Street (section) and Montgomery Road (mid-section) will be required as part of future entitlement (i.e. final plat), unless otherwise waived by MCDOT. 4. If required for site development, the CLOMR application must be submitted to the Flood Control District prior to or concurrent with any future entitlement application (i.e. preliminary plat). 5. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. I. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years within which time the initial subdivision infrastructure permit or construction permit must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2019136 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 for each zoning parcel (R1-18 RUPD). j. Prior to approval of the initial final plat, the applicant shall provide the Maricopa County Planning and Development Department with the approved Intergovernmental Agreement between the Cities of Phoenix and Scottsdale that is referenced in the February 26, 2020 letter issued by Brian K. Biesmeyer , Executive Director of Scottsdale Water, or other document acceptable to Maricopa County which assures sewer service. k. Prior to initial final plat approval, the applicant shall provide the Maricopa County Planning and Development Department with a ‘will serve’ letter from the City of Scottsdale or City of Phoenix for water service, or other document acceptable to Maricopa County which assures water service. l. Noncompliance with any condition herein or Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. m. 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. n. 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 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, the property shall 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. o. Access shall be limited to emergency access only on Wildcat Dr. (C-44-21-187-X-00)

Attachments (2)