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

9. WEST THIRTY-SIX Case #: DMP2023001 Supervisor District: 2 Applicant & Owner: William Lally, Tiffany & Bosco, PA / West Thirty Six Company LP Request: Development Master Plan (DMP) amendment to change the land use categories of the Verde River Development Master Plan (DMP90-4) from Urban Residential/Very Low Density, Urban Residential/Low Density, Urban Residential/Medium Density and Open Space to Single Family Suburban (2-3 d.u./ac.) and Miscellaneous Retail 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 DMP2023001 subject to conditions ‘a’ – ‘r’: a. Development shall be in substantial conformance with the Development Master Plan entitled “West Thirty-Six”, dated June 30, 2023 and stamped received July 6, 2023 including all exhibits, maps, and appendices, except as modified by the following conditions. b. Changes with regard to use and intensity, or changes to any of the approved conditions shall be processed as a revised application with approval by the Board of Supervisors upon recommendation by the Maricopa County Planning and Zoning Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, subdivision regulations, and zoning ordinance in effect at the time of application(s) submission. The Maricopa County Planning and Development Department may approve minor changes as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the narrative report, maps, and exhibits, or the conditions of approval will be treated as a violation in accordance with Maricopa County Procedures. c. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of DMP2023001 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this development master plan is still present, and whether the land use designations associated with this development master plan still represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Board changes the current land use designation(s) back to Rural Residential (0-1 d.u./ac.) in such an event, the comprehensive plan land use map or area plan land use map shall be altered to reflect Board action. d. 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. e. 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. f. Landscaping of all common areas and open spaces, except for identified recreational areas shall consist of indigenous and or low water use species. g. 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. h. The Development Master Plan shall be developed sequentially as depicted on the phasing diagram contained in the narrative report. i. The total number of residential dwelling units shall not exceed 1,200 dwelling 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. j. 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 F of the West Thirty-Six Conceptual Open Space Plan. k. 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. l. Not less than 150 acres shall be reserved for 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. m. Not less than 17 acres shall be developed for commercial, miscellaneous retail uses as shown on the Land Use Plan (Exhibit E) in the narrative. n. 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. o. 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. p. 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. q. The following Maricopa County Department of Transportation (MCDOT) Traffic Engineering condition 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.” r. 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). (C-44-24-067-X-00)

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