Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

8. GOLDHAWK AT THE PRESERVE Case #: Z240006 Supervisor District: 2 Applicant / Owners: Wendy Riddell, Berry Riddell, LLC / Goldfield Ranch Realty Holdings and Four Peaks Holdings, LLC Request: Zone Change with Overlay from Rural-190, Rural-70 RUPD, Rural-43 RUPD & R1-8 RUPD to Rural-43 RUPD Site Location: Generally located north of the NWC and NEC of Burnt Water Rd. and SR 87 in the Fort McDowell area Commission Recommendation: On 5/8/25 the Commission voted 7-1 (Chairman Lindblom D1 dissenting) motion by Commissioner Finter D2, seconded by Commissioner Milhaven D2 to recommend the Board of Supervisors approve Z240006 subject to conditions ‘a’ – ‘s’ with staff recommended changes. Ayes: Danzeisen, Finter, Leighton, Milhaven, Toma, Whitney, and Curley. Nays: Lindblom. a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Goldhawk at the Preserve,” consisting of one full-size sheet, dated April 8, 2025, and stamped received April 9, 2025, except as modified by the following conditions. A revised zoning exhibit that includes the Rural-43 RUPD development standards shall be submitted to Planning & Development staff within 30 days of Board approval. Minor and major amendments will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Goldhawk at the Preserve,” consisting of 13 pages, dated April 9, 2025, and stamped received April 9, 2025, except as modified by the following conditions. A revised narrative report that includes the updated hillside development standards shall be submitted to Planning & Development staff within 30 days of Board approval. Minor and major amendments will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. c. The total number of residential dwelling units shall not exceed 696. To help ensure compliance, the cumulative number of lots (i.e. potential primary dwelling units) platted to that point shall be identified on each preliminary and final plat. d. The following Planning Engineering conditions shall apply: 1. Without the submittal of a plat, 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 entitlement (i.e. preliminary & final plats). 2. A traffic impact study (TIS) must be submitted with future entitlement preliminary plat application. 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 any final plat approvals and with each development phase to document significant changes to the development plan. The project must comply with all recommendations in the MCDOT-approved TIS. 3. A minimum of two (2) points of access shall be provided to serve the subdivision. The main access must be paved. A secondary access shall be provided that consists of (at a minimum) an all-weather access as defined per MCDOT Roadway Design Manual Section 4.7.2 and Maricopa County Drainage Policies and Standards Sections 6.2.2 and 6.7. 4. Dead-end streets (i.e. cul-de-sacs) shall be limited to a length of 1,000 feet, measured from the intersection street center-line to the center of the cul-de-sac bulb. Cul-de-sacs shall provide access to not more than fifteen (15) building lots unless a secondary emergency access is provided. 5. 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 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. 6. Applicant should notify ADOT of any development proposal (SR 87). The Developer shall provide written documentation of ADOT's review and response. ADOT documentation shall be received before any preliminary plat approval. e. The following Rural-43 RUPD standards shall apply: 1. Minimum Lot Width: 120’ 2. Hillside Height Regulations: The height of all buildings and structures, including retaining walls, shall not exceed 30’ from finished pad grade(s) through any building cross section at any point, but in no instance shall any building or structure exceed 30’ in height as measured from the highest point of natural grade on the respective lot. Construction permits for each lot shall include an engineered plan with a cross-section through the primary structure at the highest point of the proposed height elevation, finished pad grade(s), and identification of the maximum natural grade of the respective lot shown on the plan. 3. Any parcel within the Rural-43 RUPD zoning district that is not created by a recorded subdivision plat shall adhere to the development standards of the Rural-190 zoning district. f. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. g.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 may be considered for revocation 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. h. The owner shall develop the property as a “subdivision” as defined in A.R.S. § 32-2101 that requires an Assured Water Supply in accordance with A.R.S. § 45-576 and A.A.C. 12-15-701 et. seq. The owner shall submit documentation to the Planning Director demonstrating an Assured Water Supply for each final plat. The owner shall submit documentation to the Planning Director demonstrating an Assured Water Supply for 1,941 acres, which may be developed in phases. i. Each septic system will be installed by a certified third-party contractor as approved by a Homeowners’ Association (HOA) that will be established and in accordance with the requirements established by the Arizona Administrative Code and the Maricopa County Environmental Services Department. The HOA will regularly inform the homeowners of their obligation to have a certified third-party contractor: 1) inspect their septic system every five years for the first twenty years from installation and every three years thereafter; 2) regularly maintain (e.g. regularly pump); and 3) if necessary, repair or replace their septic systems pursuant to best practices in the industry. The HOA will retain a list of certified third-party contractors for this purpose. Homeowners will be required to provide written confirmation to the HOA of their compliance with each of the obligations outlined in this Condition. If a homeowner fails to confirm in writing to the HOA that they have met each of these septic system compliance obligations, or if the HOA for any reason becomes aware of the need to inspect, maintain, repair, or replace a homeowner’s septic system (including due to failure of said system, i.e., the system can no longer effectively treat and dispose of wastewater), the HOA will use a certified third-party contractor to inspect, maintain, repair, or replace the homeowner’s septic system within three (3) months, at the homeowner’s expense. A failure of any septic system shall be reported to the HOA within thirty (30) days of learning of such failure. The obligations set forth in this Condition shall be included in the HOA covenants, conditions, and restrictions (CC&Rs). j. Before the sale of any lot, the Developer shall place an easement on each lot to be recorded in the Maricopa County Recorder’s Office authorizing the HOA to enter the lot to inspect, maintain, repair, or replace any septic system in conformance with the requirements of Condition ‘i’. k. A maximum total of 2 acres of turf in the aggregate shall be permitted across all common areas. All non-turf landscaping on common areas must utilize only plants from the Arizona Department of Water Resources Low Water Use & Drought Tolerant Plants List for the Phoenix Active Management Area. The HOA shall prohibit the use of natural turf for front lawns on all lots within the HOA. l. Pre-determined Building Envelopes will be established on each lot to restrict single family development to a maximum 60% disturbance per lot, excluding driveways and utilities, and a maximum 10% revegetation/remediation. m. To preserve on lot and adjacent open space, construction activities will be restricted to occur only within the pre-determined Building Envelope and designated driveway and utility area. Native plants that are suitable for salvage shall be maintained during construction and replanted upon completion for on-site revegetation. Areas outside of pre-determined Building Envelopes or revegetated areas will be preserved and maintained in their native condition. n. Until annexation of the entire Goldhawk at the Preserve, 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 most municipally managed services. Such notice shall be included on all plats, and be included in all Homeowner Association covenants, conditions, and restrictions (CC&Rs). o. Prior to final plat for a given phase, fire protection shall continue to be established either through the Goldfield Ranch Fire District or with another qualified fire provider. The developer shall, prior to final plat approval, submit evidence of a fire services agreement covering all lots shown on the final plat and inform any mutual and automatic aid agencies of the services agreement. Applicant shall continue to work with the Goldfield Ranch Fire District regarding specific needs through the platting process. p. Developer shall ensure sufficient fire flow and storage capacity is available for the development, commit to sprinkler each home (and add note regarding this on all recorded plats), and to construct fire hydrants at key locations throughout the development, and near entrances and accessible to all of Goldfield Ranch. q. Developer shall provide a copy of the final Grading and Drainage Plan (Plan) to the Chairperson of the Fort McDowell Yavapai Nation or their representative (Nation), with a copy to the Nation’s Environmental Department Manager, concurrently with the submission of the Plan to the County, and shall meet and confer with the Nation upon request to discuss and if possible reasonably respond to concern raised by the Nation about the Plan. r. The Applicant will provide notice of any submittal of a preliminary or final plat to Maricopa County to the General Counsel of the Fort McDowell Yavapai Nation and the Salt River Pima-Maricopa Indian Community. s. The Developer shall notify the Fort McDowell Yavapai Nation and the Salt River Pima-Maricopa Indian Community a minimum of 30 days prior to performing any additional archeological work such as data recovery on the property. (C-44-25-101-X-00)

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