Vote: approved

Item Text

5. 83RD AVE. & BROADWAY Case #: Z2021031 Supervisor District: 5 Applicant & Owner: Ashley Zimmerman-Marsh, Gammage & Burnham, PLC / Broadway 42 LLC Request: Modification of Conditions Z2018100 to amend Development Standards for Residential Development Site Location: Generally located at the SWC and SEC of Broadway Rd. and 83rd Ave. in the Phoenix area Commission Recommendation: On 10/21/21, the Commission voted 5-0, Commissioner Danzeisen recused, to recommend approval of Z2021031 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “83rd & Broadway”, consisting of one full-size sheet, dated and stamped received on September 10, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “83rd Avenue and Broadway Road”, consisting of 14 pages, dated and stamped received on September 10, 2021, except as modified by the following conditions. c. 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 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 the preliminary plat or plan of development application. 3. Dedication of right-of-way along the following roadway alignments will be required prior to any development on the site: a. Broadway Road: 65 feet (ultimate half-width) b. 83rd Avenue: 65 feet (ultimate half-width) and/or 130 feet (ultimate full width) Note that the above widths are considered minimum widths. Additional dedication may be required pending improvements that may be required by the MCDOT approved Traffic Impact Study. 4. The preliminary plat application must indicate the realignment of 83rd Avenue to its section line alignment to remove the offset at Broadway Road. Any associated right-of-way abandonment must be performed in accordance with MCDOT requirements. 5. The applicant must notify ADOT about development through the Red Letter Process due to proximity of the SR30 alignment and potential interchange, RedLetter@azdot.gov. 6. The applicant is advised that coordination between County Real Estate, the Bureau of Reclamation and SRP will be required related to the irrigation facilities crossing 83rd Avenue as part of any improvements to 83rd Avenue. 7. A Warrant Study will need to be provided in the TIA for Broadway Road and 83rd Avenue. 8. If the internal roadways are planned to be dedicated to the county, any straightaways longer than 1000ft may need speed humps to mitigate potential speeding concerns within the development. 9. Offsite improvements and any additional right-of-way will be determined by MCDOT Traffic Design and MCDOT Permits based on submittal of a TIA/TIS. 10. Applicant to contact the City of Phoenix to notify them of work adjacent to their jurisdiction. 11. 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. 12. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. d. The following R-5 RUPD standards shall apply: For Neo-Traditional (Detached SFR or Attached Townhomes): 1. Front Yard: 0’ 2. Side Yard: 0’ 3. Street Side Yard: 0’ 4. Rear Yard: 0’ 5. Lot Width: 30’ 6. Lot Area: 2,300 sq. ft. 7. Average Lot Area Per Dwelling Unit: 2,300 sq. ft. 8. Lot Coverage: 65% For Single-Family Traditional (Detached SFR or Attached Townhomes): 1. Height: 40’ / 2 stories 2. Front Yard: 18' (with a front loaded garage)/10' for side loaded garage or livable area of dwelling unit 3. Street-Side Yard: 5’ 4. Rear Yard: 12’ 5. Lot Area: 3,500 sq. ft. 6. Lot Width: 30’ e. Three-story residential homes shall be prohibited. Revised exhibits to be submitted within 30 days of Board approval. f. Prior to approval of the initial final plat or precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City Phoenix that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). g. 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. h. 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. 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. j. Development shall include a 10-foot non-vehicular multi use trail within an open space tract along the north perimeter of the R-5 RUPD and C-2 zoned properties abutting Broadway Road. However, since the Commission hearing the applicant provided a revised narrative report and zoning exhibit to address the Commission’s recommendation in condition ‘e’ for updated documents addressing the prohibition against 3-story buildings. Staff concurs and offers the following revisions to conditions ‘a’, ‘b’ and ‘e’ from the Commission recommendation:: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “83rd & Broadway”, consisting of one full-size sheet, dated and stamped received on September 10, 2021 October 26, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “83rd Avenue and Broadway Road”, consisting of 14 pages, dated and stamped received on September 10, 2021 October 26, 2021, except as modified by the following conditions. e. Three story residential homes shall be prohibited. Revised exhibits to be submitted within 30 days of Board approval. Staff recommends the Board motion for approval of Commission recommended conditions ‘a’ – ‘j’ but with revisions to conditions ‘a’, ‘b’ and ‘e’ as shown above. (C-44-22-087-X-00)

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