Vote — approved

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

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

Item Text

11. DESERT WHISPER MODIFICATION OF CONDITIONS Case #: DMP2023003 Supervisor District: 4 Applicants & Owner: Lindsay Schube, Gammage & Burnham, PLC / DB Desert Whisper Investments, LLC Request: Modification of condition for elimination of condition ‘c’ of the Desert Whisper Development Master Plan (ref. #DMP2018006). Site Location: Generally located at the northwest corner of 363rd Ave. and Indian School Rd. in the Tonopah area. Commission Recommendation: On 10/5/2023, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve DMP2023003, with conditions ‘a’ – ‘x’ (those being the same as prior case DMP2018006 except with the removal of condition ‘c’). The following is the reordered conditions that would take effect with approval of this application with conditions ‘a’ – ‘x’: a. Development shall comply with the Development Master Plan document entitled “Desert Whisper Development Master Plan”, a bound document, dated January 30, 2008 and stamped received April 28, 2008, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Changes to the Desert Whisper Development Master Plan with regard to use and intensity, or changes to any of the stipulations approved by the Maricopa County Board of Supervisors, 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 administratively as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Desert Whisper Development Master Plan narrative report, maps, and exhibits, or the stipulations of approval will be treated as a violation in accordance with the provisions of the Maricopa County Zoning Ordinance. c. Prior to approval of any zone change, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zone change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s), approved by the Board of Supervisors and provided to the Maricopa County Planning and Development Department for public record. d. The master developer shall be responsible for the construction of all public and private on-site roads within the Desert Whisper Development Master Plan. Further, the Desert Whisper 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 with public rights-of-way, and all pedestrian, bicycle, and multi-use paths. e. Prior to approval of each final plat, the master developer shall submit to the Maricopa County Planning and Development Department a landscape inventory and salvage plan which identifies and assesses the native vegetation within the development parcels, and which determines the preservation/disposition for each of the selected native vegetation. f. Landscaping of all common areas and open spaces, except for identified recreational areas, within Desert Whisper shall consist of indigenous and near-native plant species of a xeriphytic nature. g. All irrigation water supplied for common/open space areas and/or lakes over ten (10) acres in size shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within five (5) years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the five year requirement. h. The Desert Whisper Development Master Plan shall be developed sequentially as depicted on the phasing diagram contained in the Desert Whisper Development Master Plan narrative report. i. The total number of residential dwelling units for the Desert Whisper Development Master Plan shall not exceed 2,943 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. The master developer shall notify all future Desert Whisper Development Master Plan 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). k. All park facilities shall be completed concurrently with residential development of the respective plat on which the park is shown. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. l. Not less than 36 acres shall be reserved for Recreational Open Space (ROS) land use. Further, the project shall have not less than two (2) park sites as depicted on the land use plan. Further, not less than thirteen (13) pocket parks at least one (1) acre size each shall be provided. All parks shall include recreational amenities. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative ROS acreage and park numbers with respect to the requirements of this stipulation. A description of the types of recreational amenities that will be included in the ROS and mini-park areas shall also be submitted with all preliminary plats to the Maricopa County Planning and Development Department. m. Unless otherwise agreed to in writing by the applicable school districts, not less than one (1) school site and a minimum of 17 acres shall be reserved for a school at the site identified on the Desert Whisper land use plan. Said school shall not front on to arterial streets. n. The master developer shall provide major multi-use trails and minor pathways/trail connections as depicted on Figure 12 of the Desert Whisper Development Master Plan. Such trails and minor pathways/trail connections shall be identified on all plats and are subject to approval by Maricopa County. o. Prior to approval of the first preliminary plat or first Approval to Construct (whichever comes first), Final Water and Sewer Master Plans must be submitted, under application and fee, for the onsite water and sewer infrastructure to MCESD for approval. Approval of these final master plans will be required before any Final Plats will be approved by MCESD. p. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this Development Master Plan due to noncompliance with any of the approved stipulations. q. The following Maricopa County Drainage Review stipulations shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction. No variance from the Drainage Regulations or drainage engineering design standards is granted or entitled under this DMP. 2. Drainage review of planning, zoning and/or Development Master Plan 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 Drainage Regulation and design policies and standards. Modeling submitted with this DMP is for conceptual level analysis only. All plats shall be submitted with appropriate and detailed model to reflect the existing and proposed development conditions. 3. Hydrology analysis for this development is dependent on the conditions of upstream area around Central Arizona Project. All flow data from this study will not be approved until FEMA approves the condition around the Central Arizona Project. Hydrology analysis will need to be re-done if FEMA approval is not granted. r. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Applicant/Developer shall provide a Traffic Impact Study (TIS). The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. The Applicant must provide an updated TIS prior to rezoning. 2. The Developer shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Developer may choose to construct off-site street improvements in lieu of payment of this contribution. Such off-site street improvements must be “system roadways,” must be all-weather facilities, must meet county standards in effect at the time they are improved, and must be pre-approved by MCDOT. MCDOT may require a Development Agreement to detail the specifics of construction, including phasing and timing. If the Developer chooses not to construct off-site regional roadway improvements, the Developer shall pay the contribution amount at the time individual building permits are issued, or per an alternate agreement as approved by MCDOT. 3. If required per item 2 above, a Development Agreement shall be executed prior to any zoning approval. The Development Agreement shall be an enforceable contract, regardless of annexation. 4. The Applicant/Developer shall provide the ultimate full or half-width of right-of way for all public roadways as follows: i. Bethany Home Road: 65 feet (entire north boundary of project.) ii. Camelback Road: 70 feet and 140 feet with 30 feet of landscape/roadway/utility easement on each side. iii. Indian School Road: 65 Feet. iv. 371st Avenue: 65 Feet. v. 363rd Avenue: 65 Feet 5. 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). 6. At intersections where future dual left turn lanes are possible, right-of-way shall be increased at the intersection to 150-feet for arterials and 220-feet for parkways. This widened right-of way section shall accommodate dual left turn lengths (including reverse curves.) 7. 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. A portion of these improvements may be creditable to the Developer’s contribution referred to in item 2. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. 8. The Developer is responsible for assuring paved access to their site at the time of the first final plat. Improvements necessary to provide paved access may or may not be creditable to the Developer’s contribution referred to in item 2. 9. The Developer shall provide all-weather access to all parcels and lots, including an all weather access from I-10. 10. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 11. The Developer shall not locate elementary or middle schools on arterial roads. 12. 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 (i.e., bus bays, electric vehicles, shared accommodations, internal trail systems, etc.) 13. 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 the Superintendent of Streets (602-506-8797) to initiate the SLID process. 14. The Developer shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The Developer (or as assigned to the Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 15. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 16. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) s. The following Flood Control District of Maricopa County stipulation shall apply: 1. Prior to approval of any development in the Palo Verde Zone “A“ delineation floodplains through the DMP limits, a detailed floodplain study must be completed and submitted to the Flood Control District for approval. The study will then be submitted to the Federal Emergency Management Agency for the Conditional Letter of Map Revision (CLOMR)/Letter of Map Revision (LOMR) process. t. The following Maricopa County Department of Emergency Management stipulation shall apply: 1. Any areas not covered by the existing Outdoor Warning Siren System used to alert residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear Generating Station in time of emergency shall be required to include additional sirens, at the developer’s cost, in order to provide adequate warning for the residents of that development, using technical information concerning the siren system obtained from the Emergency Planning Department at the Palo Verde Nuclear Generating Station. In addition, adequate signage available from the Palo Verde Nuclear Generating Station Emergency Planning Department shall be required to be posted on the site to inform the public of the presence of a nuclear generating station in the vicinity and outlining actions to take upon receiving warning notification. u. The following Luke Air Force Base stipulation shall apply: 1. The master developer shall notify future residents that they are located within the vicinity of a military training route with the following notification: “You are buying a home or property within the vicinity of a military training route, and may be subject to direct overflights and noise by Luke Air Force Base and other military jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flights per year, at an average of approximately 170 over flights per day. Although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range, and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 A.M. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends.” Such notification shall be permanently posted in front of all home sales offices on not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home sales offices on not less that an 8½ inch by 11 inch sign, be included in all covenants, conditions, and restrictions (CC&Rs) and be included in the public report. v. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development a “will serve” letter and an approved Certificate of Convenience and Necessity (CC&N) from the Water Utility of Greater Tonopah which demonstrates a willingness and capability to serve the entire Desert Whisper Development Master Plan. w. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval of a Maricopa Association of Governments (MAG 208) amendment from Balterra Sewer Corporation which demonstrates a willingness and capability to serve the entire Desert Whisper Development Master Plan. x. The Desert Whisper Development Master Plan is not a protected development right plan. (C-44-24-078-X-00)

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