PLZZ-23-00011 - Copper Falls CMPA - Staff Report - PZ20260623.docx
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PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 1 of 9 CMP MAJOR AMENDMENT Report to the Planning and Zoning Commission CASE NUMBER: PLZZ-23-00011 TITLE: Copper Falls Community Master Plan (CMP) Major Amendment MEETING DATE: June 23, 2026 Applicant/Owner: Dawn Marie Fortuna, AICP, Bowman Consulting, on behalf of Geoff Bobiy of Melcor Developments Arizona, Inc. Request: Approval of an amendment to the Copper Falls CMP District: Location: 1 Northwest corner of Miller Road and Southern Avenue (Exhibits A, B, and C) Site Size: The Copper Falls CMP contains approximately 267.25 acres, while Parcel 1 contains 17.09 acres. Public Input: An advertised neighborhood meeting was held on October 5, 2023 at the Bales Elementary School. An additional advertised neighborhood meeting was held on February 18, 2026 at the same location, and a final neighborhood meeting was held on June 3, 2026 at the Buckeye Valley Chamber of Commerce. A summary of these meetings is contained within the compiled Citizen Participation Reports included with this staff report, Exhibit E. Recommendation: Conduct a public hearing and recommend approval of a proposed Major CMPA to City Council, subject to conditions a) through r) PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 2 of 9 PROJECT DESCRIPTION: 1. Dawn Marie Fortuna, AICP, of Bowman Consulting, on behalf of Melcor Developments Arizona, is proposing a CMP Major Amendment for Copper Falls, a 267.25-acre residential and commercial development bounded by Broadway Road to the north, Miller Road to the east, and Southern Avenue to the south. 2. The applicant proposes modifying the Copper Falls CMP to allow multi-family residential within the Commercial land use designation of Parcel 1, located at the northwest corner of Miller Road and Southern Avenue. Development standards are proposed to adequately transition between existing single-family residential uses and proposed commercial or multi-family residential uses. Refer to the applicant’s project narrative, Exhibit D. AREA CONTEXT: 3. Existing Land Use, General Plan Designation, and Zoning District: PUBLIC PARTICIPATION SUMMARY: 4. A neighborhood meeting, providing an opportunity for interested parties to learn more about the request, was held on October 5, 2023 at 6:00 P.M. at Bales Elementary School located at 25555 West Durango Street. Written notices to property owners within 300 feet of the subject site were mailed on September 18, 2023, over fifteen (15) days prior to the date of the meeting. No residents attended the meeting and there were no other questions or concerns received. 5. At the Planning and Zoning Commission hearing on April 9, 2024, no members of the public spoke during the public hearing for this item. The case was continued, and at the May 14, 2024 Planning and Zoning Commission hearing, no members of the public spoke LAND USE GENERAL PLAN ZONING Subject Property Undeveloped Master Planned Community Planned Community (PC) with Copper Falls CMP overlay North Platted for Single-Family Residential Master Planned Community Planned Community (PC) with Copper Falls CMP overlay South Vacant Commercial and Single-Family Residences Neighborhood Commercial Center (CC) and Planned Residential (PR) East Vacant Commercial and Single-Family Residences Neighborhood Commercial Center (CC) and Planned Residential (PR) West Platted for Single-Family Residential Master Planned Community Planned Community (PC) with Copper Falls CMP overlay PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 3 of 9 during the public hearing for this item. Planning and Zoning Commission recommended approval of the CMP Major Amendment (with conditions) to City Council. 6. Planning staff and the City Attorney subsequently determined that an additional Planning and Zoning Commission hearing was required to be conducted after it was discovered that the mailed notice for the Planning and Zoning Commission hearing in 2024 was sent to property owners within 300 feet of the subject property rather than the 500-foot radius required by the Development Code for this type of request. 7. Due to the amount of time that occurred between the May 14, 2024 Planning and Zoning Commission hearing for this case and subsequent hearings, Planning staff required the applicant to conduct an additional neighborhood meeting. A second neighborhood meeting, advertised in the same manner as the first neighborhood meeting, was held on February 18, 2026 at 6:00 P.M. at Bales Elementary School located at 25555 West Durango Street. No residents attended the meeting and there were no other questions or concerns received. 8. A third neighborhood meeting, utilizing the 500-foot notification radius, was held on June 3, 2026 at 5:30 P.M. at the Buckeye Valley Chamber of Commerce located at 508 E Monroe Avenue. As instructed by Planning staff and in accordance with Development Code requirements, written notices to property owners within 500 feet of the subject site were mailed on May 19, 2026, over fifteen (15) days prior to the date of the meeting. No residents attended the meeting and there were no other questions or concerns received. 9. All required notifications of this public hearing were completed at least fifteen (15) days in advance of the meeting date. Notification Element Date Published Notice Planning and Zoning Commission (1st Hearing): March 25, 2024 Planning and Zoning Commission (2nd Hearing): June 3, 2026 Site Posting Planning and Zoning Commission (1st Hearing): March 25, 2024 Planning and Zoning Commission (2nd Hearing): May 29, 2026 Mailing Notice to Property Owners1 Planning and Zoning Commission (1st Hearing): March 21, 2024 Planning and Zoning Commission (2nd Hearing): May 19, 2026 PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 4 of 9 1. The mailed notice for the first Planning and Zoning Commission public hearing in 2024 was sent to property owners within 300 feet of the subject property. The mailed notice for the second Planning and Zoning Commission public hearing was sent to property owners within 500 feet of the subject property. BACKGROUND: 10. October 18, 2005: The subject property was annexed into the City of Buckeye under Ordinance 59-05. 11. October 18, 2005: City Council approved the Copper Falls CMP for the subject property under Ordinance 59-05. The approved CMP designated the subject property for commercial development. 12. May 16, 2023: City Council continued a proposed CMPA, PLZZ-22-00010, which would have removed Parcel 1 from the CMPA. The applicant decided to withdraw the CMPA and associated General Plan Amendment and Rezone and instead apply for a CMPA to allow multi-family residential within Parcel 1. 13. April 9, 2024: Because of concerns over reducing commercial land uses along Miller Road, the Planning and Zoning Commission continued the item until the April 23, 2024 meeting. 14. April 23, 2024: The applicant requested the Planning and Zoning Commission allow for a continuance to May 14, 2024 to allow time for the applicant team to prepare for the case presentation. 15. May 14, 2024: The Planning and Zoning Commission recommended approval of the CMP Major Amendment (with conditions) to City Council. 16. Following the Planning and Zoning Commission recommendation, staff determined that mailed notice for the hearing had been incorrectly provided to property owners within 300 feet rather than the 500 feet required by the Development Code. As a result, the matter is being reheard following completion of new public notice. ANALYSIS: 17. The subject parcel is located on the northwest corner of Miller Road and Southern Avenue within the Copper Falls CMP. Referred to as Parcel 1, the site is further identified by Maricopa County Assessor Parcel Number (APN) 504-40-011D. 18. The existing land use designation of the subject property is Master Planned Community, which is intended to denote areas that are guided by separate approvals (e.g., the Copper Falls CMP) which establish land uses, densities, and intensities of development and character of the area. The Copper Falls CMP currently allows commercial and a variety of residential product types and densities, ranging from traditional single-family detached to apartments. The proposed CMP Major Amendment and multi-family residential development option would further the following General Plan goals and policies: PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 5 of 9 a. Policy G-2.2 Multi-family development should provide enhanced architectural and/or site design features and provide appropriate buffers and/or setbacks when adjacent to existing single-family residential uses. b. Policy G-2.3 Multi-family development should take access from arterial streets. c. Policy G-2.4 Uses with different densities, intensities and/or character should incorporate appropriate transitions with developed areas to reduce potential negative impacts. Appropriate transitions may include, but are not limited to, varied lot sizes, landscape buffers, setbacks, and roadway and building design. 19. The current CMP land use for this parcel is Commercial. The applicant is requesting flexibility for this parcel to allow for multi-family residential uses within Parcel 1 as well as the currently established commercial uses. The density on this parcel will be limited to 24 dwelling units per gross acre, based on a gross area of 19.48 acres, capping the parcel at 468 units maximum. 20. To accommodate the commercial and multi-family residential uses, the applicant has proposed setbacks to accommodate either use while providing a stepped back setback for properties adjacent to single-family residential to the west. * Zero (0) foot side setback allowed between similar uses such as commercial adjacent to commercial. ** Separate building pads for commercial uses adjacent to residential uses require a 20- foot side setback. *** Separate building pads for multi-family uses adjacent to residential uses require the following building setbacks based on height: PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 6 of 9 21. The setbacks shown above and illustrated below, adjacent to single-family residential, will be set back to reduce visibility of apartments from single-family backyards. It should be noted that a row of trees with year-round foliage will also be located between single- family and multi-family residential uses. 22. In previous meetings and hearings on this case, some Planning and Zoning Commissioners and Council members expressed concern regarding removing commercial properties along the Miller corridor. The three opposing corners to the subject property are zoned commercial (Commercial Center or CC). Commercial uses are typically interspersed with multi-family residential projects, creating a buffer between single-family residential and arterials and other more intense uses. Multi-family residential projects also support commercial uses by providing users for retail and other services. For these reasons, and due to unique constraints of the subject property – for example, limited access from Miller Road due to a planned drainage channel – staff believes it is sometimes appropriate for multi-family residential development to locate at hard corners, and protecting commercial uses on this particular property is not vital. 23. Planning and Zoning Commission recommended approval on this item on May 14, 2024; since this hearing, the applicant has made minor, non-substantive updates to the project narrative (Exhibit D): a. Updated dates. b. Inclusion of the approved 2023 CMPA (Copper Falls III) as background within the narrative. This CMPA was not yet approved when PLZZ-23-00011 started the hearing process. PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 7 of 9 c. Updated water and wastewater demand calculations to reflect current City standards, following correspondence between the applicant team and Water Resources. 24. In addition to Exhibit D updates, condition a) was updated to reflect the updated narrative date. All other conditions remain the same as those previously reviewed by the Planning and Zoning Commission. RECOMMENDATION: 25. Staff recommends the Planning and Zoning Commission conduct a public hearing and recommend approval to City Council of a CMP Major Amendment for the Copper Falls CMP (case number PLZZ-23-00011), subject to conditions a) through r), for the following reasons: The CMPA furthers goals of the Buckeye General Plan; The CMPA conforms to the Buckeye Development Code or proposes alternate standards that will result in high quality development occurring on the subject site; and There are no outstanding issues from reviewing departments (Development Services, Engineering, Fire, Public Works, Community Services, Police, and Water Resources). a) Development of the property shall be in general conformance with the Community Master Plan Amendment (CMPA) titled “Copper Falls Project Narrative 2025 Major Community Master Plan Amendment Parcel 1”, consisting of 28 pages, dated December 29, 2025 and stamp received December 30, 2025, except as modified by the following conditions/stipulations. b) The property owner/s and their successors waive any and all claims for diminution in value of the property with regard to any action taken by City of Buckeye as a result of this approval. c) All existing overhead power lines less than 69 kV capacity, or any other overhead utilities within the project area or along its boundaries, shall be installed underground. d) Parcel one (1) of the Copper Falls CMP will limit their density to 24 dwelling units per acre and limit the number of dwelling units to 468. e) The Buckeye Fire Chief and City Engineer shall determine the number, location, and types of all fire hydrants. f) Prior to delivery of any combustible materials to the site, the fire protection system shall be completely operational, with proper fire flow, and in accordance with the plans approved by the Buckeye Fire Chief and City Engineer. PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 8 of 9 g) All buildings shall be equipped with a fire protection system as required by City of Buckeye Ordinance 17-23. h) Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. i) All streets must conform to the Maricopa County/Phoenix street name and hundred block grid system. j) Residential developments where the number of dwelling units exceeds 20 shall be provided with two separate and approved fire apparatus access roads. k) Access to the development shall be per the requirements set forth in Section 6-3 of the City’s Engineering Design Standards. l) The Owner/Developer shall submit a Traffic Impact Analysis at the time of Preliminary Plat or Site Plan for review and approval by the City. The Site Plan shall make all accommodations to comply with the final approved Traffic Impact Analysis. m) The existing water and sewer infrastructure that was intended to serve the site will need to be evaluated and confirmed to be sufficient to handle the potential increased water demands and increased sewer generation of a multi-family development. The developer shall be responsible for any additional water and sewer infrastructure improvements that are needed to serve the site. n) The Owner/Developer shall be required to complete and sign a Public Infrastructure Assurance Agreement prior to the recordation of the first Final Plat. In addition, the Property Owner/Developer shall be required to build or otherwise provide the required infrastructure necessary to serve this project. o) Prior to the issuance of a Building Permit, the Property Owner/Developer shall pay a pro rata share of the “Regional Traffic Signal Costs,” based on acreage, of the cost of up to nine (9) traffic signals to be installed within this section of land. The sectional contribution is to be based on the following allocation costs: (i) 25 percent share of four (4) possible signals at arterial street intersections; (ii) 50 percent share of four (4) possible signals at half-mile collector street intersections or project entries; and (iii) 100 percent share of one (1) possible signal internal to this project. The cost shall be based on an anticipated signal cost as determined by the City. p) The Property Owner/Developer is responsible for providing water at the project for construction purposes including obtaining the necessary water rights for the water supply to be used for construction purposes. This includes utilizing non-potable water for construction before using City potable water. PLZZ-23-00011 – Copper Falls CMP Major Amendment Page 9 of 9 q) To the extent allowed by law, all Type-I Non-irrigation and Irrigation Grandfathered Rights associated with the property shall be properly extinguished and the resulting extinguishment credits conveyed to the City of Buckeye or pledged to the City of Buckeye account at the Arizona Department of Water Resources prior to the issuance of any building permits. r) The Property Owner/Developer shall allocate any surface water rights to the City prior to the issuance of any building permits. ATTACHMENTS: Exhibit A – Vicinity Map Exhibit B – General Plan Land Use Map Exhibit C – Zoning Map Exhibit D – CMPA Project Narrative Exhibit E – Compiled Citizen Participation Reports Prepared by: Mandy Woods, AICP, CFM, Principal Planner Reviewed by: Ken Galica, Planning Manager