CPA2020004 BOS REPORT.PDF

Maricopa County — Formal (2021-02-24)

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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: February 24, 2021
Case #/Title: CPA2020004 – Rose Estates
Supervisor District: 4
Applicant/Owner: Jordan Rose, Rose Law Group, PC / Larry & Patricia Rose
Request: Modification of Condition for a previously approved
Comprehensive Plan Amendment (CPA) – to modify or delete
condition ‘c’ of CPA2019013 regarding a maximum unit
count for an area designed for Small Lot Residential (2-5
du/ac) land uses
Site Location: Generally located at the northeast corner of the intersection
of 115th Ave. (alignment) and Williams Dr. (alignment) in the
Peoria area
Site Size: Approximately 163 acres
County Island Status: Yes (City of Peoria)
Additional
Comments:
N/A
Commission
Recommendation: On 1/28/21, the Commission voted 7-0 to recommend
approval of CPA2020004 subject to conditions ‘a’ – ‘d’:
a. Development of the site shall be in substantial conformance with the CPA Land
Use Exhibit, entitled “Rose Estates”, consisting of one (1) full sized sheet, dated June
2020, and stamped date received on June 10, 2020, except as modified by the
following conditions.
b. Development of the site shall be in substantial conformance with the CPA
Narrative Report, entitled “Rose Estates”, consisting of 11 pages, dated June 2020,
and stamp date received on June 10, 2020, except as modified by the following
conditions.
c. DELETED.
d. 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 uses existing on the
February 24, 2021
Z2019071
Page 1 of 2

date of application, subject to conditions. In the event of the failure to comply
with any condition, the property shall revert to the land use designation 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 change of
the land use. The land use enhances the value of the property above its value as
of the date the land use change is granted and reverting to the prior land use
designation results in the same value of the property as if the land use change had
never been granted.
Presented by: Darren Gérard, AICP, Planning Manager
Reviewed by: Rachel Applegate, Senior Planner
Attachment: 1/28/21 P&Z Packet (6 pages)
Note: 1/28/21 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
February 24, 2021
Z2019071
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: CPA2020004 – Rose Estates
Hearing Date: January 28, 2021
Supervisor District: 4
Applicant: Jordan Rose, Rose Law Group, PC
Owner: Larry & Patricia Rose
Requests: Modification of Condition for a previously approved Comprehensive
Plan Amendment (CPA) – to modify or delete condition ‘c’ of
CPA2019013 regarding a maximum unit count for an area designed
for Small Lot Residential (2-5 du/ac) land uses
Site Location: Northeast corner of the intersection of 115th Ave. (alignment) and
Williams Dr. (alignment) in the Peoria area.
Site Size: 163 acres
Density: Approved as 2-5 du/ac with target of 2.7 du/ac per CPA2019013 /
proposed 3.2 du/ac.
County Island: Yes (City of Peoria)
County Plan: White Tanks/Grand Ave. Area Plan – Open Space, and Small Lot
Residential (2-5 du/ac)
Municipal Plan: City of Peoria – Park/Open Space, and Medium Density Residential
(5-8 du/ac)
Municipal Comments: None
Support/Opposition: None known
Recommendations: Approve with conditions
CPA2020004
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Project Summary:
1. Rose Estates (CPA2019013 & Z2019112) was approved by the Board of Supervisors on
September 16, 2020 after recommendation from the Commission on August 6, 2020. The
site is 163 acres located at the northeast corner of 115th Ave. & Williams Dr. in the Peoria
area. Case CPA2019013 was a Comprehensive Plan Amendment (CPA) that changed
the White Tanks/Grand Avenue Area Plan’s land use designation from Mixed-Use
Employment, Open Space, and Small Lot Residential (2-5 du/ac) to Small Lot Residential
(2-5 du/ac) and Open Space. Case Z2019112 rezoned the site from Rural-43 to R1-6
RUPD.
2. The subject request, CPA2020004, is an amendment to modify or delete condition ‘c’ of
CPA2019013 regarding a maximum unit count for Rose Estates. The condition reads:
c. The total number of residential dwelling units on the site shall not exceed 440.
3. There was no public or municipal comment regarding CPA2019013 & Z2019112. There
remains no known support or opposition.
4. The R1-6 RUPD zoning was approved concurrent with the CPA. The RUPD overlay zoning
district was not approved subject to a maximum density, unit count, etc. The approved
R1-6 RUPD zoning can accommodate a much greater range in unit count and remain
consistent with the approved Small Lot Residential 2-5 du/ac:
163 acres @ 5 du/ac = 815 units
163 acres @ 2 du/ac = 326 units
The developer has an updated Conceptual Site Plan for Rose Estates, attached,
illustrating 518 lots / 3.2 du/ac. This remains within the approved Small Lot Residential 2-5
du/ac land use designation.
Existing On-Site and Adjacent Zoning / Land Use:
5. On-site: R1-6 RUPD / vacant (previously mining and ranching)
North: Rural-43 / vacant (inactive mining)
South: Rural-43 / vacant (natural desert)
East: Rural-43 / Agua Fria River
West: Rural-43 / vacant (natural desert)
Utilities and Services:
6. Water: EPCOR
Wastewater: EPCOR
School District: Peoria Unified School District
Fire: Arizona Fire & Medical Authority
Police: MCSO
Right-of-Way:
CPA2020004
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7. Primary access to the Rose Estates will be from Deer Valley Parkway, a future E/W
connection between Williams Dr. to the west and Deer Valley Rd. to the southeast with a
new bridge across the Agua Fria River. The following table includes existing and
proposed half-width right-of-way and the future classification based upon the Maricopa
County Department of Transportation (MCDOT) Major Streets and Routes Plan.
Street Name Half-width Half-width Future Classification
Existing R/W Proposed R/W
Deer Valley Pkwy. 65’ 65’ Principal Arterial
115th Ave. 40’ 40’ Major Collector
Pinnacle Peak Rd. 40’ 30’ Major Collector
Adopted Plans:
8. White Tanks/Grand Ave. Area Plan: Small Lot Residential (2-5 du/ac). This category
identifies areas where increased residential density is appropriate and urban services are
readily available.
9. City of Peoria General Plan 2010: The Peoria General Plan designates the majority of the
site as Medium Density Residential with a residential density of five to eight dwelling units
per acre with a target density of six dwelling units per acre. This designation denotes
areas intended to fulfill the need for small lot or attached single-family or multi-family
residences which are compatible with abutting single-family residential districts.
Moreover, this category supports a suburban lifestyle and provides an appropriate
transition between less intense residential areas, more urban neighborhoods and non-
residential uses. The rest of the site is designated as Park/Open Space in the Peoria
General Plan. This category accommodates the full range of public, private, and semi-
private passive or active recreational opportunities.
Public Participation Summary:
10. N/A
Outstanding Concerns from Reviewing Agencies:
11. N/A
Staff Analysis:
12. Staff supports the request to delete condition ‘c’ of CPA2019013. There was no maximum
unit count or density applied to the companion R1-6 RUPD zoning and thus the approved
zoning entitlement permits a much greater density range. The potential for increased
residential density is appropriate where urban services and infrastructure will be
available.
Recommendation:
13. For the reasons outlined in this report, staff recommends the Commission motion for
Approval of CPA2020004, subject to conditions ‘a’ –‘d’:
CPA2020004
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a. Development of the site shall be in substantial conformance with the CPA Land
Use Exhibit, entitled “Rose Estates”, consisting of one (1) full sized sheet, dated June
2020, and stamped date received on June 10, 2020, except as modified by the
following conditions.
b. Development of the site shall be in substantial conformance with the CPA
Narrative Report, entitled “Rose Estates”, consisting of 11 pages, dated June 2020,
and stamp date received on June 10, 2020, except as modified by the following
conditions.
c. DELETED.
d. 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 uses 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 land use designation 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 change of
the land use. The land use enhances the value of the property above its value as
of the date the land use change is granted and reverting to the prior land use
designation results in the same value of the property as if the land use change had
never been granted.
Presented by: Darren V, Gerard, AICP, Planning Manager
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: CPA2019013 Case Map (1 page)
Conceptual Site Plan (1 page)
CPA2020004
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