Vote — approved

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

10.ASLD 117TH AVE. & WILLIAMS RD. Case #: Z2021001 Supervisor District: 4 Applicant & Owner: Rose Law Group PC / Arizona State Land Department Request: Zone Change with Overlay from Rural-43 to R1-6 RUPD on approx. 198.6 acres Site Location: Generally located on the east side of 117th Ave. between Calle Lejos and Via Montoya alignments in the Peoria area. Commission Recommendation: On 7/8/21, the Commission voted 7-0 to recommend approval of Z2021001 subject to conditions ‘a’ – ‘m’: a. Developme

Item Text

10. ASLD 117TH AVE. & WILLIAMS RD. Case #: Z20210 01 Supervisor District: 4 Applicant & Owner: Rose Law Group PC / Arizona State Land Department Request: Zone Change with Overlay from Rural-43 to R1-6 RUPD on approx. 198.6 acres Site Location: Generally located on the east side of 117th Ave. between Calle Lejos and Via Montoya alignments in the Peoria area. Commission Recommendation: On 7/8/21, the Commission voted 7-0 to recommend approval of Z2021001 subject to conditions ‘a’ – ‘m’: a. D evelopment of the site shall comply with the Zoning Exhibit entitled “Arizona State Land Property”, consisting of 40 pages, dated December 20, 2019, and stamped received May 5, 2021, except as modified by the following conditions. b. Development of the si te shall be in substantial conformance with the Narrative Report entitled “ASLD – 117th Avenue and Williams Road”, consisting of 44 pages, dated revised June 28, 2021, and stamped received June 28, 2021, except as modified by the following conditions. c. The following R1-6 RUPD Zoning District standards shall apply: 1. Min. Front Yard: 10’ 2. Min. Rear Yard: 15’ 3. Min. Lot Area: 5,175 sq. ft. 4. Min. Lot Width: 45’ 5. Min. Lot Area Per Dwelling Unit: 5,175 sq. ft. 6. Max. Lot Coverage: 55% d. The num ber of total dwelling units permitted shall not exceed 770 dwelling units. e. The developer shall provide 15% open space appropriately dispersed throughout the boundaries of the subdivision which may consist of retention, drainage areas, and passive and a ctive recreational spaces. f. 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 (TIS) must be submi tted with future entitlement (preliminary plat or POD) application(s) as is required by MCDOT. The TIS must also be submitted to the City of Surprise for their review. 3. Any approval and progression in the entitlement process may be contingent on the pro gression of MCDOT TIP TT0248 which includes extension of Williams Drive across the Agua Fria River to Deer Valley Road which extends through the site. 4. The only access that will be allowed for the Williams Drive/Deer Valley Road alignment will be at one location along Parcel G as a right-in right-out. A second access point for Parcel G will be needed along the 117th Avenue alignment. 5. Future right-of-way dedications, offsite improvements, and any additional right-of-way needed shall be addressed by future entitlement (preliminary plat or POD) application(s) and submittal of a traffic impact study (TIS)”. 6. R/W dedication (130 feet)) along the development site’s portion of Pinnacle Peak Road will be required as part of any future entitlement applic ation(s), unless otherwise determined by MCDOT Planning. 7. 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 Pol icies 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. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. i . Prior to zoning clearance or Final Plat approval, developer(s) and/or builder(s) shall establish emergen cy 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. j. Amendments to the site pla n 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 Zo ning 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 Marico pa 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 Zo ne 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 wou ld 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 pri or land use designation results in the same value of the property as if the Zone Change had never been granted. (C-44-22-314-X-00)

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