Vote — approved

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

11.The need for drainage easements within HOA tracts must be further evaluated as part of the final plat preparation. 12. A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building/grading permits required for site development. 13. 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 confo

Item Text

11. SUNRISE RANCH AT SOUTH MOUNTAIN Case #: Z2021074 Supervisor District: 5 Applicant & Owner: Pew & Lake, PLC / Sunrise Ranch Estates, LLC Request: Zone Change with Overlay from Rural-43 to R1-18 RUPD Site Location: Generally located at the SEC of 35th Ave. & Olney Ave. in the Laveen area Commission Recommendation: On 9/1/22, the Commission voted 9-0, to recommend approval of Z2021074 subject to conditions ‘a’ – ‘s’: a. Development of the site shall comply with the Legal Description entitled “Exhibit A – Sunrise Ranch at South Mountain”, consisting of 3 pages, dated August 11, 2021, and stamped received September 19, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Sunrise Ranch at South Mountain”, consisting of 12 pages, dated August 23, 2022, and stamped received August 23, 2022, except as modified by the following conditions. c. The following R1-18 RUPD Zoning District standards shall apply: 1. Min. Front Yard: 15’ 2. Min. Side Yard: 5’ 3. Min. Rear Yard: 20’ 4. Min. Lot Area: 8,750 sq. ft. 5. Min. Lot Width: 70’ 6. Average Lot Area: 22,277 sq. ft. 7. Max. Lot Coverage: 50% 8. Max. Dwelling Units: 101 dwelling units 9. Sight Visibility Triangles (SVT): 1 SVT waived on the northeast corner of Olney Ave. & 35th Ave., all others required d. Concurrent with submittal of the initial Final Plat, Improvement Plans shall be submitted to the Planning and Development Department. e. After Final Plat recordation and prior to any zoning clearance for building permits, the applicant shall obtain a final Grading and Drainage and Infrastructure permit from Maricopa County. f. Prior to Final Plat approval, Water and Wastewater Plans shall be submitted to and approved by the Maricopa County Department of Environmental Services (MCESD) subject to their procedures. g. The following Planning Engineering conditions shall apply: 1. Care shall be taken when aligning Olney Avenue on the east and west sides of 35th Avenue. Final plans shall show improvements on the west side of 35th Avenue and demonstrate how the intersection will be ali gned. This may require coordination with the developer on the west side of 35th Avenue. 2. The final design shall include detailed plans for the widening of 35th Avenue to a Minor Arterial section per Figure 5.9 of the Roadway Design Manual. 3. The Olney Avenue site frontage shall be developed to Rural Local Roadway classification- reference cross section 5.6 MCDOT Roadway Design Manual. Olney improvements are as indicated below: a. Segment of Olney Avenue from 35th Avenue to approximately 616 east of 35 th Avenue - 25 foot R/W half street local roadway dedication containing 20 feet of pavement with 2 ½ shoulders each side. b. Segment east of first ±616’ from 35th Avenue - 25 foot R/W half street local roadway dedication containing 26 feet of pavement wid th plus southern shoulder per typical RDM cross section standard for local rural roadway. The 26 foot pavement will encroach on parcel to north. MCDOT will assist in determining legal owner of this parcel and obtaining right to pave/improve in this parcel. This roadways section shall taper from the western point of new pavement to meet pavement the width of the west portion of existing Olney Avenue. c. Prior to final plat/infrastructure approval, a Design Exception will be required from MCDOT for the subst andard improvement of Olney Avenue. 4. To satisfy safe sight distance requirements at the southern road access to 35th Avenue (Capistrano Drive), the roadway profile of Capistrano Drive east of 35th Avenue must be designed such that Capistrano Drive is s loped towards 35th Avenue for a distance of at least 20 feet. 5. Channel side slopes of 2:1 can only be stabilized with grouted rip rap or concrete; side slopes of 1:1 or steeper can only be stabilized with concrete. Channel grades and resultant velocitie s within the channels exceed those which would allow for unlined systems. As noted in the Drainage Report, final design will warrant stabilization. The use of vertically placed rip rap for scour protection is prohibited. Subsurface scour protection must be placed at a maximum 2:1 slope. 6. Final design plans shall indicate retention of the site’s half-width frontage of 35th Avenue. 7. Retention and spreader basins must drain within 36 hours. 8. Berms used for storm water retention, conveyance of storm wa ter or a combination of the two, must have a minimum top width of eight feet (8’). 9. A geotechnical analysis addressing the stability of cut slopes in excess of 2:1 must be submitted as part of the subdivision’s infrastructure permit application. 10. The need to address erosion setback requirements from new drainage infrastructure will be further evaluated as part of the final design, pending channel stabilization requirements. 11.The need for drainage easements within HOA tracts must be further evalu ated as part of the final plat preparation. 12. A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building/grading permits required for site development. 13. Engineering review of pla nning 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 Polici es and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 14. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 15. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits. h. The final plat const ruction documents shall restrict traffic exiting from Olney Avenue onto 35th Avenue to right out only movement until such time that Olney Avenue is fully developed with half street improvements on the northern side of the mid-section line or the interim de sign of the intersection allows for the appropriate sight visibility triangle on the adjacent northern property. If the developer cannot demonstrate appropriate safety or visibility with the design of Olney Avenue, a splitter island shall be required in t he final plat construction documents to MCDOT specifications. i. The Owner or Developer shall address and respond to all recommendations of the Arizona Game and Fish Department (AZGFD) included in the letter dated November 10, 2021 at the time of final pl at infrastructure permits. The response shall be sent to AZGFD for review and consideration. The Zoning Inspector and/or their designee shall review the applicant’s response, and any subsequent comments received from AZGFD, to determine whether the respo nse issued by the Owner or Developer addresses AZGFD comments in good faith. Should the Zoning Inspector and/or their designee decide that the Owner or Developer has not substantially addressed AZGFD comments in good faith, the Owner or Developer shall be required to propose and implement alternatives to the recommendations made by AZGFD. j. Sunrise Ranch will be a “dark skies” community. Any county required outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shal l not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 18 feet in height. k. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. l. Two r equired parking spaces on all lots will be provided within garages with a minimum of 9’x18’ per space in addition to having two parking spaces available on driveways with a minimum of 9’x18’ per parking space m. Prior to approval of the initial Final Plat , the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that identifies when the proposed project will be annexed and the provision of water, and sewer , police, fire, and related services and infrastructure. In lieu of a pre-annexation service agreement the developer must provide a ‘will serve’ letter from the City of Phoenix for water, sewer, fire and police services. This information shall be include d in the narrative report for the Final Plat and the associated public report for the subdivision. The Final Plat shall contain a note referencing the will serve letters or pre-annexation service agreement. n. Prior to Final Plat approval, the property owner shall add a note on the plat that discloses to tenants of the site or purchasers of property within the site, the existence, proximity, and operational characteristics of active agricultural uses and non-domesticated animal keeping. o. Prior to Fin al Plat approval, the property owner shall add a note on the plat that discloses to tenants of the site or purchasers of property within the site, the existence, proximity, and operational characteristics of active aviation uses in the Hangar Haciendas Uni ts One, Two, and Three subdivisions located approximately 750 feet to the east of the subject property in Maricopa County. p. Amendments to the zone change 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 Zon ing 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 Di vision, 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 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 an y 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 re vocation. 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. ( C-44-23-077-X-00)

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