Vote — approved

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

11.RICHMOND AMERICAN HOMES Case #: Z2020102 Supervisor District: 4 Applicant / Owner: Tiffany & Bosco, PA / Virgin Farms V, LLC Request: Zone Change with Overlay from Rural-43 and R1-35 to R1-6 RUPD on approx. 105 acres and IND-2 IUPD on approx. 75 acres Site Location: Generally located approx. 277’ southwest of the SWC of Reems Rd. and Peoria Ave. in the Glendale area Commission Recommendation: On 4/8/21, the Commission voted 10-0 to recommend approval of Z2020102 subject to conditions ‘a’ – ‘n

Item Text

11. RICHMOND AMERICAN HOMES Case #: Z2020102 Supervisor District: 4 Applicant / Owner: Tiffany & Bosco, PA / Virgin Farms V, LLC Request: Zone Change with Overlay from Rural-43 and R1-35 to R1-6 RUPD on approx. 105 acres and IND-2 IUPD on approx. 75 acres Site Location: Generally located approx. 277’ southwest of the SWC of Reems Rd. and Peoria Ave. in the Glendale area Commission Recommendation: On 4/8/21, the Commission voted 10-0 to recommend approval of Z2020102 subject to conditions ‘a’ – ‘n’: a. Development of the site shall comply with the Zoning Exhibit entitled “Legal Description for Reems and Peoria”, consisting of 6 pages, dated revised March 2, 2021, and stamped received March 10, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Narrative for Richmond American Homes”, consisting of 25 pages, dated April 5, 2021, and stamped received April 5, 2021, except as modified by the following conditions. c. The following R1-6 RUPD Zoning District standards shall apply: 1. Max. Height: 30’ and two stories, except that all lots that fall within 100’ of the western zoning district boundary line shall be restricted to 30’ and one story 2. Min. Front Yard: 10’ 3. Min. Rear Yard: 15’ 4. Min. Lot Area: 5,175 sq. ft. 5. Min. Lot Width: 45’ 6. Min. Lot Area Per Dwelling Unit: 5,175 sq. ft. 7. Average Lot Area per Dwelling Unit: 12,497 sq. ft. 8. Max. Lot Coverage: 55% 9. Max. Height of Monument Sign: 12’ for primary monument sign, 8’ for secondary monument sign 10. Max. Subdivision Sign Area: 40 sq. ft. for primary monument sign, 32 sq. ft. for primary secondary sign 11. Max. Dwelling Units: 359 dwelling units 12. Lighting: No street light poles shall be permitted within 100’ of the western boundary line of the R1-6 RUPD zoning district except at the discretion of any future Street Lighting District 13. Landscaping: In addition to required landscaping, the landscape buffer along the western boundary line of the R1-6 RUPD zoning district shall include an evergreen tree species that typically grows taller than native desert trees. The applicant or developer shall propose the type and number of evergreen trees within the western landscape buffer upon the submission of a preliminary plat to the County for approval by the staff of Planning and Development. 14. Min. Open Space: Not less than 19 acres of the R1-6 RUPD zoning district shall be developed as recreational open space. At the time of each preliminary plat submission, the developer shall include a description of the status, cumulative acreage and proposed amenities as identified with this condition. d. The following IND-2 IUPD Zoning District standards shall apply: 1. Min. Side Yard: 25’ adjacent to rural or residential zoning 2. Prohibited Uses: Adult oriented businesses, medical marijuana and residential (single-family, two-family or multi-family) 3. Buffering: All structures shall be prohibited within 100’ of the R1-6 RUPD and R1-35 zoning boundary to the north and light sources within this buffer shall be a maximum 12 feet in height and shielded. 4. There shall be a minimum 25’ landscape buffer along the length of the northern boundary of the IND-2 IUPD zoning district. e. The following Planning Engineering conditions shall apply: 1. Access to the industrial portion as depicted is dependent upon a separate access agreement that would be required from the Flood Control District of Maricopa County. Any approval of this zone change does not imply approval of any access agreement. 2. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, 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. 3. A traffic impact study (TIS) must be submitted with future entitlement (preliminary plat or POD) application(s). This TIS must also be submitted to the City of Surprise since Peoria Avenue is under their jurisdiction. Approval from the City will be required prior to approval of any building plans. If the Industrial portion is to be accessed from Olive Avenue approval from MCDOT for the TIS will also be required. 4. A Drainage Report discussing the offsite flow from the Twelve Oaks development channel must be submitted with future entitlement (preliminary plat or POD) application(s). 5. Engineering review of re-zone cases is conceptual in nature. 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. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. h. Prior to zoning clearance or Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the applicable fire service provider. i . All habitable buildings constructed within this subdivision shall be constructed to attain a noise reduction level as per ARS § 28-8482(B). j. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. k. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). l. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. m. The granting of this Zone Change 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 land use existing on the date of the application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due to such revocation. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and changing to the prior land use designation results in the same value of the property as if the Zone Change had never been granted. n. The following Luke Air Force Base condition shall apply: Richmond American Homes and successive owners shall notify future owners/tenants that they are located near a military airport with the following language: “You are locating in a residential dwelling inside the State Statute defined “territory in the vicinity of a military airport,” which means that aircraft flying in this area are authorized to fly as low as 1,500 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 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 permanently posted on not less than a 3 foot by 5 foot sign in front of all sales and/or leasing offices and be permanently posted on the front door of all sales and/or leasing offices on not less than 8½ inch by 11 inch sign. (C-44-21-249-X-00)

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