Vote — approved

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

Ayes: Clint Hickman, Jack Sellers, Bill Gates, Steve Gallardo Recused: Thomas Galvin

Item Text

10. WEST THIRTY-SIX Case #: Z2023039 Supervisor District: 2 Applicant & Owner: William Lally, Tiffany & Bosco, PA / West Thirty Six Company LP Request: Zone Change from Rural-43 to R1-6 RUPD and C-2 CUPD Site Location: Generally located at the southeast corner of Rio Verde Dr. and 176th St. in the Rio Verde Foothills area Commission Recommendation: On 9/14/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023039 subject to conditions ‘a’ – ‘w’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “West Thirty-Six“, consisting of 1 sheet (exhibit G of the narrative report), dated June 30, 2023, and stamped received June 30, 2023 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. The R1-6 RUPD zoning district shall have a maximum of 1,200 residential units. To help ensure compliance, the cumulative number of dwelling units completed to date, in relation to the identified limit, shall be identified on all plats. c. By the platting of the 200th lot a minimum of 120 lots shall be 7,200 sq. ft. or greater inclusive of 20 lots being 14,800 sq. ft. or greater. By the platting of the 1,000th lot a minimum of 600 lots shall be 7,200 sq. ft. or greater inclusive of a minimum of 100 lots being 14,800 sq. ft. or greater. This shall be tracked on each filed subdivision preliminary plat and final plat (proposed, previously platted, remaining yield). d. The developers shall provide a cumulative total of open space with each preliminary and final plat to determine compliance with the 150 acres of open space. Further, the project shall have not less than 2 primary active parks as depicted on the DMP narrative Exhibit G. Further, not less than 11 neighborhood passive mini-parks be provided. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative open space of primary and mini-parks with park numbers with respect to the requirements of this condition. A description of the types of recreational amenities that will be included in the primary and mini-parks shall be submitted with all preliminary plats. e. Landscaping of all common areas and open spaces, except for identified recreational areas shall consist of indigenous and or low water use species. f. All irrigation of common areas shall be in compliance with Arizona Department of Water Resources regulations. When sufficiently available, all irrigation of common areas and golf courses shall be done entirely with renewable supply of water, such as reclaimed water, surface water or Central Arizona Project (CAP) water. g. All park facilities shown on plats shall be completed concurrently with residential development. Park facilities and amenities shall be identified on all applicable plats. All significant washes and riparian vegetation shall be retained in their natural state as identified in Exhibit K of the West Thirty-Six Conceptual Open Space Plan. h. All existing specimen quality vegetation shall be preserved or transplanted on-site. All introduced landscaping (other than 12 acres of putting course and common area turf) shall be indigenous desert plants and trees or included on ADWR’s Phoenix AMA Low Water Use / Drought Tolerant Plant List. i. The Master Plan area shall be surveyed by a qualified archaeologist and a report summarizing the findings shall be submitted to the State Historic Preservation Officer, prior to the approval of any preliminary plats or plans for the development of the property. j. The following R1-6 RUPD zoning district standards shall apply: 1. Number of stories: 1-story 2. Minimum Front Yard: 18’ or 10’ for side-loaded garages, porches or livable areas of dwelling unit 3. Minimum Rear Yard: 15’ 4. Lot Width: 50’ 5. Average Lot Area per Dwelling Unit: 10,500 sq. ft. 6. Maximum Lot Coverage: 55% 7. Hillside: The extent of all disturbance on that portion of a lot which has a natural slope of 15% or greater, shall be limited to a total disturbance within the gross lot area not to exceed 75,000 square feet, except that disturbance related to the driveway and utility connections may extend outside the lot’s buildable area to the street line or other lot line. k. The following C-2 CUPD zoning district standards shall apply: 1. Parking: 1 space per 250 sq. ft. of conditioned building area (exterior areas such as patios, pool decks, etc. are exempt from parking requirements) 2. Walls and screening adjacent to Residential zoning: No minimum screening requirements. 3. Walls and screening for outdoor use: No minimum screening requirements. l. The C-2 CUPD zoning and narrative report include restrictions on specific land uses not allowed for the commercial zoning district. These restricted land uses include the following uses: 1. Adult oriented businesses 2. Automotive repair type businesses 3. Medical marijuana establishments 4. Other obnoxious uses 5. Antique shops 6. Arcades 7. Automobile parts and supplies 8. Business schools 9. Cleaning agencies, laundry agencies, pressing establishments and self-service laundries, including self-service dry cleaning machines, provided there is not cleaning of clothes on the premises. 10. Privately owned or operated stations for fire protection, police or security service, ambulance or other emergency service providers. 11. Gasoline service stations 12. Key, locksmith or gun shops 13. Liquor stores limited to retail sale of package goods for off-site consumption. 14. Public schools; elementary, high school and college 15. Radio and television shops, including repair 16. Service to the public of water, gas, electricity, telephone, cable television and sewage including wastewater treatment plants. 17. Variety or notion stores 18. Video rental stores 19. Any use permitted in the R-5 Multi-Family Residential Zoning District. 20. Temporary construction administration offices/yard complex. 21. Art metal and ornamental iron shops 22. Awning and canvas stores. 23. Boat sales, including an outside display area, providing all sales and repair activities are conducted within a building. 24. Cabinet and carpenter shops. 25. Electrical fixtures and appliance sales, repair and service. 26. Feed stores, inside storage only. 27. Funeral homes, mortuaries and chapels. 28. Gas (butane or propane), retail sales of. 29. Farm animal (horse, cattle and other farm animal) medical clinics and surgical hospitals. 30. Plumbing shops. 31. Pool halls and billiard centers. 32. Radio and television broadcasting stations and studios, but not including transmitter towers and stations. 33. Taxidermists 34. Tinsmith shops 35. Upholstery shops 36. Self storage facilities 37. Halfway houses 38. Boarding houses m. Prior to initial Final Plat approval or initial precise plan of development approval, the applicant shall submit to the Maricopa County Planning and Development Department confirmation of service by EPCOR and verification of approval of a 208 Amendment approved by the Maricopa Association of Governments Regional Council for sewer service. n. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. 2. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. 3. An Approval of Sanitary Facilities (Subdivision) application is required for MCESD’s Subdivision & Infrastructure Program for Subdivisions with Single Family Residences. o. 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/flood 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. Updated Traffic Studies must be submitted with each subsequent entitlement application(s) (preliminary plats or plans of development as the case may be). 3. Each plat within the development must contain at least two (2) points of access in accordance with Maricopa County (MCDOT) Ordinance P-36 Article V. Each plat must be able to standalone with respect to site access and drainage requirements. 4. The site is encumbered by large areas of Special Flood Hazard Areas (SFHAs) (FEMA Zone AE Floodplains). A CLOMR (and subsequent LOMR) is required to remove all proposed residential building lots and other development from the SFHAs. 5. Downstream discharges of the SFHAs are directed towards existing residential subdivision(s). The current discharge location and characteristics must be maintained as part of the CLOMR/drainage design. 6. The are several non-delineated washes that traverse the site that discharge along the south and east boundaries. These historic discharges must be maintained as part of the overall drainage design. 7. A singular overall master preliminary plat must be submitted for the entire development to address the overall drainage design for the project. Areas proposed for development should be designated as tracts (that will be subsequently re-platted to contain their own individual drainage & circulation designs). The master plat must include the main circulation corridor(s) that will feed each of the tracts. This master plat must be approved before any final plat can be approved. 8. The Owner/Applicant is responsible for identifying and procuring any permit(s) for disturbance of, or work within delineated jurisdictional (404) washes from the US Army Corps of Engineers. 9. Engineering review of DMP & Zoning 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. p. The following Maricopa County Department of Transportation (MCDOT) Traffic Engineering conditions shall apply: 1. The Traffic Impact Study is Conditionally Approved only as it pertains to the DMP2023001 application. The conditional approval is based on the response letter dated 8/21/2023 stating the developer will (be) “addressing all of these comments in their entirety with the first submittal of a preliminary plat for the first phase of this project.” 2. Provide/maintain a minimum of 100’ right-of-way on Rio Verde Dr. plus any additional right-of-way as it relates to the signal, turn lanes and any other improvements along stie frontage. 3. Provide/maintain a minimum of 100’ right-of-way along site frontage of 176th St., plus any additional right-of-way as it relates to the improvements along site frontage. q. The applicable homeowners’ association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping within public rights-of-way, and all pedestrian, bicycle, and multi-use paths. The developer shall include deed restrictions that state grass or natural turfed areas at individual residences in the front yard is prohibited. Animal barrier fencing will be permitted in the CC&Rs. r. The master developer shall be responsible for the construction of all private on-site roads within the Development Master Plan. The master developer shall provide emergency access along the western portion of the community to 176th St. s. 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. t. The master developer shall notify all future residents that they are not located within an incorporated city or town, and therefore will not be represented by, or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, wastewater, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8-½ by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). u. 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. v. 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. w. 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-44-24-066-X-00)

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