Attachment B - County Approval Memo 2-9-2022.pdf

City of Phoenix — Formal (2022-09-07)

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301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-8358 
Jose.Castaneda@Maricopa.Gov 
 
Maricopa County 
Planning & Development Department 
 
 
 
February 9, 2022 
 
Kurt Waldier, 
Beus Gilbert McGroder PLLC 
 
Z2021051 - Bungalows at 19th Ave. & Parsons Road 
 
Kurt, 
 
On February 9, 2022 the Maricopa Board of Supervisors (BOS) by a vote of 5-0 
subject to P&Z recommended conditions ‘a’ – ‘h’ as a regular agenda item 
Approved your request for: 
 
1. Zone Change from RU-43 to R-2 
 
Approval of Z2021051 is subject to the following conditions: 
 
a. 
Development of the site shall be in conformance with the Zoning Exhibit 
entitled “Bungalows at Norterra”, consisting of 1 full-size sheet, stamped 
received October 12, 2021, except as modified by the following 
conditions. 
 
b. 
Development of the site shall be in substantial conformance with the 
Narrative Report entitled “Bungalows at Norterra”, consisting of 5 pages, 
dated October 8, 2021, and stamped received October 12, 2021, 
except as modified by the following conditions. 
 
c. 
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 drainage 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. 
The applicant will be responsible for coordinating with the City of 
Phoenix to review any traffic impact, right-of-way dedication, 
permitting or roadway improvement requirements for 19th 
Avenue in conjunction with this and future entitlement(s).

Maricopa County 
Planning & Development 
Department 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-8358 
 
3. 
Design for site development must ensure that historic drainage 
patterns are maintained at the up and downstream limits of 
development.  
 
4. 
A traffic impact study must be submitted with any future 
entitlement application (i.e. plan of development).  
 
5. 
Design for site development must provide for at least two (2) 
paved points of access to existing and improved public roads.  
 
6. 
The site is encumbered by Federal Patent easements which must 
be 
abandoned 
prior 
to 
site 
development. 
https://www.maricopa.gov/775/Abandonment-of-Patent-
Easements  
 
7. 
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.  
 
d. 
Prior to approval of the initial final plat or precise plan of development 
approval, 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 the detail for 
when the proposed project will be annexed and the provision of water 
and sewer service.  In lieu of pre-annexation service agreement, the 
developer must provide a ‘will serve’ letter from the certificated water 
and sewer providers. 
 
e. 
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. 
 
f. 
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.

Maricopa County 
Planning & Development 
Department 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-8358 
 
g. 
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.  
 
h. 
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. 
 
Please contact me if you have any questions at (602) 506-8358 or  
Jose.Castaneda@Maricopa.Gov 
 
 
Sincerely, 
 
 
 
Jose Castañeda, Planner 
Maricopa County Planning & Development Department  
 JOse Castañeda