Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

7.HIDDEN WATERS RANCH Case #: Z2021141 Supervisor District: 4 Applicant & Owners: Kyle Barichello, RVI Planning & Landscape Architecture / 339th and I 10 LLC Request: Zone change from Rural-43 PAD, R1-7 RUPD PAD, R1-6 RUPD PAD, R-2 RUPD PAD to IND-2 PAD Site Location: Generally located south of the I-10 between 339th Ave. and 351st Ave. and north of Buckeye Rd. Commission Recommendation: On 3/24/22, the Commission voted 7-0 to recommend approval of Z2021141 subject to conditions ‘a’ – ‘s’: a. De

Item Text

7. HIDDEN WATERS RANCH Case #: Z2021141 Supervisor District: 4 Applicant & Owners: Kyle Barichello, RVI Planning & Landscape Architecture / 339th and I 10 LLC Request: Zone change from Rural-43 PAD, R1-7 RUPD PAD, R1-6 RUPD PAD, R-2 RUPD PAD to IND-2 PAD Site Location: Generally located south of the I-10 between 339th Ave. and 351st Ave. and north of Buckeye Rd. Commission Recommendation: On 3/24/22, the Commission voted 7-0 to recommend approval of Z2021141 subject to conditions ‘a’ – ‘s’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Hidden Waters Ranch”, consisting of 6 full-size sheets, stamped received February 10, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Major Zone Change Amendment application (PAD)”, consisting of 17 pages, dated February 10, 2022, and stamped received February 10, 2022, except as modified by the following conditions. c. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. d. The following 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. Any development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 3. A traffic impact study must be submitted with any future entitlement application(s) ( i.e. preliminary plat or plan of development) for the purpose of determining any offsite roadway improvements. 4. Changes to previous right-of-way dedication requirements for Section Line and Mid-Section Alignments within the development site will be further evaluated at the time of future entitlement applications. 5. Any development must provide for at least two (2) paved points of access to existing and improved public roads. 6. Except as modified as part of this application or stipulated herein, the Drainage, Flood Control and Transportation (MCDOT) conditions of Z2007073 shall remain in effect. 7. Applicant to notify ADOT of proposed development through the Red Letter Process, RedLetter@azdot.gov, due to proximity and proposed access to I10 and the future I11 corridor. 8. 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. e. The following Maricopa County Department of Transportation conditions shall apply: 1. The Developer has previously provided a Traffic Impact Study (TIS) that was previously approved under the original case #Z2007073. Subsequent TIS submittals shall comply with then MCDOT requirements and indicate offsite improvements necessary to accommodate the anticipated traffic demands. The TIS shall be updated with each development phase to reflect current conditions and any changes to the development plan. Since the only existing traffic generator in the area of this development is the truck stop at the SW corner of I-10 and 339th Ave., which also abuts this development, there is still a concern of how Hidden Waters traffic (Phase 1 – 2) and the truck stop traffic will interact, especially at the 339th Ave./Roosevelt St. intersection. MCDOT will require that Hidden Waters coordinate with the truck stop concerning off-site improvements prior to any plan or plat approval. Intersection improvement plans shall also include dual left turn lanes EB to NB and a right turn lane SB to EB and all underground conduit and pullboxes for the future signal. The project must comply with all recommendations in the MCDOT approved TIS. 2. The Developer shall provide the ultimate full or half-width of right-of-way for all public roadways. Right-of-way shall be provided as follows: A) Buckeye Road: 100 Feet (Half-width) B) Harrison Street: 40 Feet (Half-width); 80 Feet ( Full-width ) C) Van Buren Street: 65 Feet (Half-width); 130 Feet ( Full-width ) D) Roosevelt Street: Western Boundary to 341st Avenue 55 Feet (Half-width); 110 Feet ( Full-width ) (THE TIS NEEDS TO DOCUMENT NON-STANDARD R/W.) E) 343rd Avenue, Buckeye Road to Van Buren Street: 40 Feet (Half-width); 80 Feet ( Full-width ) 343rd Avenue, Van Buren Street to Northern Project Boundary: 55 Feet (Half-width); 110 Feet ( Full-width ) (THE TIS NEEDS TO DOCUMENT NON-STANDARD R/W.) F) 339th Avenue: 100 Feet (Half-width) G) 335th Avenue: 40 Feet (Half-width) 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 intersections 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. The Developer shall reserve sufficient right-of-way for transportation facilities in compliance with the MAG Hassayampa Study, including sufficient right-of-way for widening of I-10. 3. The Developer 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, unless approved otherwise by MCDOT. All roadways must meet all county standards in effect at the time they are improved. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including TIS infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) Half-width roadways must be designed and constructed so as to safely carry two-way traffic until the ultimate roadway is constructed. Roadway improvement plans must be approved and permitted by MCDOT. The Developer shall relocate well site(s) and/or provide additional right-of-way in the event of conflict with any transportation facilities. 4. The Developer 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, unless approved otherwise by MCDOT. All roadways must meet all county standards in effect at the time they are improved. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including TIS infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) Half-width roadways must be designed and constructed so as to safely carry two-way traffic until the ultimate roadway is constructed. Roadway improvement plans must be approved and permitted by MCDOT. The Developer shall relocate well site(s) and/or provide additional right-of-way in the event of conflict with any transportation facilities. 5. The Developer shall provide all-weather access to all parcels and lots, and on all arterial roadways. 6. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 7. The Developer shall design the development to promote pedestrian, bicycle and other alternative modes of transportation to public facilities within and adjacent to the site, by means in addition to the roadway system. Crossings of arterials at other than signalized intersections may be required to be grade separated. The Development shall prepare a comprehensive multimodal transportation and circulation plan (the “Multimodal Plan”) which addresses public transit, bicycle, pedestrian, golf cart, equestrian, and other alternative uses. The Multimodal Plan must be approved before subsequent approval of any roadway improvement plans. 8. If streetlights are provided, installation shall be provided by the Developer. 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 Developer should contact the Office of Superintendent of Streets (602-506-8797) to initiate the SLID process. 9. The Developer shall design landscaping to comply with all county requirements and to conform to the MCDOT Roadway Design annual. The Developer (or as assigned to the Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 10. The Applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 11. The Applicant shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) 12. The Developer shall provide written documentation of ADOT’s review and response with each phase. ADOT documentation shall be received before any development phasing and/or final plat approval, or at the discretion of MCDOT. f. All interior streets within the proposed development are to be constructed to minimum County standards. g. The following Drainage Review stipulations shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 2. Drainage review of this zone change 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 the Drainage Regulation and design policies and standards. 3. All proposed construction within a delineated floodplain must obtain a floodplain use permit from the Flood Control District of Maricopa County. h. The following Flood Control District stipulations shall apply: 1. The effective floodplain and floodway limits need to be shown on both the final plat and the grading plan. 2. The electronic HEC-RAS files for the final hydraulic calculations need to be provided. 3. Calculations for the lowest floor elevation for the lots within the floodplain are needed. 4. The lowest floor elevation for all lots within the floodplain must be shown on the grading plan. 5. The lowest floor elevations for all lots within the floodplain must be at least two (2) feet above the 100-year water surface elevation. If this area is to be removed by a Letter of Map Revision (LOMR), then a Conditional Letter of Map Revision (CLOMR) will be needed. A LOMR will be required prior to the final plat approval of the built infrastructure if a CLOMR was issued by FEMA. 6. A note needs to be added to the final plat listing the lots located within the floodplain. In addition, the note needs to state that until a LOMR is approved by the Federal Emergency Management Agency (FEMA), the finished floor will need to be elevated to the regulatory food elevation, and flood insurance will be required. 7. No buildings will be allowed in the floodway. i . Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. j. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. k. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. l. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to issuance of a grading permit. The applicant must contact the State office prior to initiating disturbance of the site. The applicant shall provide the Planning and Development Department with written proof of compliance with this stipulation. m. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance or Final Plat/Plan of Development approval, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. n. 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 appropriate Fire Department servicing the site. o. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction. p. 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. q. 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). r. 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. s. 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 stipulations. (C-44-22-172-X-00)

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