Vote — approved

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

6.HANCOCK COMMUNITIES - VISTANCIA WEST Case #: Z2021045Supervisor District: 4Applicant & Owner: Andy Jochums, Hancock Communities c/o Beus Gilbert McGroder PLLC / Cool Cats LLCRequest: Zone Change from C-S CUPD to R-3 RUPD for a future multi-family developmentSite Location: Generally located at the NEC of Happy Valley Rd. and El Mirage Rd. in the Peoria areaCommission Recommendation: On 10/7/21, the Commission voted 9-0 to recommend approval of Z2021045 subject to conditions ‘a’ – ‘i’: a. Develo

Item Text

6. HANCOCK COMMUNITIES - VISTANCIA WEST Case #: Z2021045 Supervisor District: 4 Applicant & Owner: Andy Jochums , Hancock Communities c/o Beus Gilbert McGroder PLLC / Cool Cats LLC Request: Zone Change from C-S CUPD to R-3 RUPD for a future multi-family development Site Location: Generally located at the NEC of Happy Valley Rd. and El Mirage Rd. in the Peoria area Commission Recommendation: On 10/7/21, the Commission voted 9-0 to recommend approval of Z2021045 subject to conditions ‘a’ – ‘ i ’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Hancock Communities Vistancia West”, consisting of 12 pages, stamped received on August 25, 2021, except as modified by the following conditions. b. The following Planning Engineering conditions shall apply: 1. 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. 2. A traffic impact study must be submitted with future entitlement (POD) application(s). 3. 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. c. This R-3 RUPD zoning district shall have a maximum of 198 residential units. d. The following R-3 RUPD standard shall apply: 1. Minimum Rear Yard Setback (north): 20’ e. 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 the subdivision infrastructure permit or construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2021045 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 (R-3 RUPD). f. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. 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. i . 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. (C-44-22-084-X-00)