PZ-4 Z2017072 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: December 13, 2017
Case #/Title: Z2017072 – Spring Mountain Ski Ranch
Supervisor District: 5
Applicant/Owner: Nick Wood, Snell & Wilmer, L.L.P. / Various owners (22 owners
& HOA)
Request: Major Amendment to a Special Use Permit (SUP) to allow the
existing recreational ski lake as the primary use
Site Location: Generally located on the west side of Old U.S. Hwy. 80,
approximately 2½ miles north of Patterson Road, in the
Arlington area
Site Size: Approximately 89 acres
County Island Status: N/A
Additional
Comments: At the 11/9 Commission the applicant provided a memo to
the Commission requesting deletion of conditions ‘c’ and ‘d’
related to metering and use of groundwater to be regulated
by the County. The applicant stated that water usage is
regulated by Arizona Department of Water Resources
(ADWR), staff agreed with the regulation of monitoring by
ADWR, and supported the applicant’s request to delete the
conditions. Shown below are the conditions in legislative edit
format:
c. All groundwater used to fill and refill the bodies of
water in the Special Use Permit area shall be
separately metered. The applicant or homeowners
association shall be responsible for recording annual
water use (well pumping records) for the bodies of
water at the end of each calendar year and
submitting those records to staff each year.
d. Annual water use for the bodies of water shall be
limited to a maximum of 400 acre-feet per year
exclusive of the first year in which initial fill is necessary
or any year to make up for a full or partial drain of the
bodies of water is necessary.
December 13, 2017
Z2017072
Page 1 of 2

Commission
Recommendation: On 11/9/17, the Commission voted 7-0 to recommend
approval of Z2017072 subject to conditions ‘a’ – ‘e’ with all
conditions re-labeled in final format:
Provided the following conditions are met:
a. Development and use of the site shall comply with the narrative report entitled
“Spring Mountain Ski Ranch Homeowner’s Association Special Use Permit Major
Amendment 2017” consisting of 4 pages and stamped (received) September 15,
2017, except as modified by the following stipulations.
b. The bodies of water shall be lined with SS-13 permeability control emulsion or
another lining system.
c. This Special Use Permit shall expire May 2, 2051, or upon termination of the use,
whichever occurs.
d. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation or the Maricopa County Flood Control District may be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
e. Major changes to this Special Use Permit shall be processed as a revised
application in the same manner as the original application, with final
determination made by the Board of Supervisors following recommendation by
staff and the Planning and Zoning Commission. Minor changes may be
administratively approved by staff of the Planning and Development Department.
Presented by: Farhad Tavassoli, Planner
Reviewed by: Darren Gerard, AICP, Deputy Director
Attachments: 11/9/17 P&Z Packet (17 pages)
11/9/17 PZ Memo to remove conditions ‘c’ and ‘d’ (2 pages)
Note: 11/9/17 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
December 13, 2017
Z2017072
Page 2 of 2

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2017072 – Spring Mountain Ski Ranch
Meeting Date: November 9, 2017 (continued from October 5, 2017)
Agenda Item: 6
Supervisor District: 5
Applicant: Nick Wood, Snell & Wilmer, L.L.P.
Owners: Various owners (22 owners & HOA)
Request: Major Amendment to a Special Use Permit (SUP) to allow the existing
recreational ski lake as the primary use
Site Location: Generally located on the west side of Old U.S. Hwy. 80,
approximately 2½ miles north of Patterson Road, in the Arlington
area.
Site Size: 89 acres
Density: N/A
County Island: No
County Plan: Rural Development Area (0-1 d.u./ac)
Municipal Plan: NA
Support/Opposition: None known
Recommendation: Approve with conditions
Agenda Item: 6 – Z2017072
Page 1 of 5

Project Summary:
1. Snell & Wilmer L.L.P., on behalf of 22 lot owners at Spring Mountain Ski Ranch Phases 1
and 2, is requesting a Major Amendment to the Special Use Permit (Z2000170) for the
recreational ski lake. The subject property is approximately 89 acres and is generally
located at 316th Avenue and South Old Highway 80, about 2 miles west of the City of
Buckeye’s corporate limits.
2. Several improvements at the property are in place. Specifically, common areas, open
space, the lake, private internal roadways and the internal lot configuration are
established as per the recorded plat. To date, none of the residential lots have been
developed.
3. This major amendment provides an updated narrative that: (1) updates the project
development plans to reflect the primary use of the project as a recreational water ski
lake; (2) simplifies the narrative by eliminating no longer relevant items that are subject
to regulation via private Covenants, Conditions and Restrictions (CC&Rs); and (3)
eliminates reference to Phases 3 & 4 of the project, as Phases 3 & 4 have recently been
removed via separate subdivision and zoning approvals (Case No. Z2014046 and
S2014012). These phases were removed by the owners and will not be developed for a
water ski lake or individual custom residential lots as was originally planned.
4. Part of this major amendment is to permit “boat garages” or storage structures as a
primary use on the residential lots surrounding the lake. This will increase utility for the
property’s owners with relation to the project until the owners decide to develop the
residential lots for homes. Development of boat garages or storage structures as a
primary use may occur on the residential lots prior to the construction of a main/primary
dwelling unit. If this occurs, development shall be built in the required rear yard and/or
the required side yard and shall not be nearer than three feet to any side or rear lot line.
Furthermore, development of boat garages or storage structures shall not exceed 2,000
square feet and 25 feet in height. A boat garage or storage structure may be permitted
if a water and septic system is provided.
5. Staff has found 8 expired building permits associated with the subdivision. Prior to any
new permit issuance on residential lots or HOA property, the expired permits must be
completed by the applicant with either a compliance inspection or a new permit, or
terminated if nothing was built.
Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: Rural-43 and Rural-190 / residential subdivision and ski lake
North: Rural-190 / vacant
South: Rural-190 / vacant
East: Rural-190 / vacant
West: Rural-190 / vacant
Agenda Item: 6 – Z2017072
Page 2 of 5

Zoning Map
Aerial-photo
Agenda Item: 6 – Z2017072
Page 3 of 5

Utilities and Services:
7. Water: Shared well
Wastewater: Private septic
School Districts: Arlington Elementary School District
Buckeye Union High School District
Fire: Buckeye Valley Fire District
Police: MCSO
Right-of-Way:
8. NA
Adopted Plan:
9. Old U.S. Highway 80 Plan: The subject area is designated for rural residential (0-1 d.u./ac.).
Public Participation Summary:
10. The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the property and notification by first class mail to adjacent property
owners within 300’ of the subject parcel and interested parties. Neither the applicant nor
staff has received any calls or letters of opposition as of the writing of this staff report.
Outstanding Concerns from Reviewing Agencies:
11. N/A
Staff Analysis:
12. The request to amend the SUP (Z2000170) in order to designate the recreational ski lake
as the primary use for the property will not negatively impact the surrounding area, which
is vastly undeveloped. Furthermore, the amendment will allow the underutilized lake to
be used by lot owners at Spring Mountain until they choose to construct their homes.
13. It should be noted that the ski lake will be the primary use; the lake remains private and
is maintained by the Spring Mountain Ski Ranch HOA. All streets within the site remain
private, as it is a gated community.
14. One of the conditions of approval of the original Special Use Permit in 2001 required that
the applicant provide a written status report five years from the approval date. Staff
found no indication that a status report was received. However, this Major Amendment
request will be used to fulfill that condition.
Recommendation:
15. Staff recommends the Commission motion for approval with conditions ‘a’ – ‘g’ of case
Z2017072:
Agenda Item: 6 – Z2017072
Page 4 of 5

a. Development and use of the site shall comply with the narrative report entitled
“Spring Mountain Ski Ranch Homeowner’s Association Special Use Permit Major
Amendment 2017” consisting of 4 pages and stamped (received) September 15,
2017, except as modified by the following stipulations.
b. The bodies of water shall be lined with SS-13 permeability control emulsion or
another lining system.
c. All groundwater used to fill and refill the bodies of water in the Special Use Permit
area shall be separately metered. The applicant or homeowners association shall
be responsible for recording annual water use (well pumping records) for the
bodies of water at the end of each calendar year and submitting those records
to staff each year.
d. Annual water use for the bodies of water shall be limited to a maximum of 400
acre-feet per year exclusive of the first year in which initial fill is necessary or any
year to make up for a full or partial drain of the bodies of water is necessary.
e. This Special Use Permit shall expire May 2, 2051, or upon termination of the use,
whichever occurs.
f. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation or the Maricopa County Flood Control District may be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
g. Major changes to this Special Use Permit shall be processed as a revised
application in the same manner as the original application, with final
determination made by the Board of Supervisors following recommendation by
staff and the Planning and Zoning Commission. Minor changes may be
administratively approved by staff of the Planning and Development Department.
Presented by: Farhad Tavassoli, CFM, AICP, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Vicinity Map (1 page)
Narrative Report (4 pages)
Recorded Plat Map (3 pages)
Engineering Comments (2 pages)
MCESD comments (1 page)
Agenda Item: 6 – Z2017072
Page 5 of 5













DI]NVËR
Snell & \Øilmer LAS VEGAS
L.L.P, -- LOS ANGELES
LAW OFFICES LOS CABOS
One Arizona Center ORANGE COUNTY
400 E. Van Buren, Suite 1900 PHOENIX
Phoenix, AZ 85004.2207 RENO
602.382.6000 SALT LAKE CITY
ó02.382.6070 (Fax) T UCSON
www,swlaw.com
NicholasJ. Wood
602.3824269
nwood@swlaw.com November 7,2017
Darren Gerard
Deputy Director
Planning Services
Planning & Development Department
501 N 44th Street, Suite 200
Phoenix, AZ 85008
Dear Darren:
On July 21,2017, our offîce, on behalf of the Spring Mountain Ski Ranch Homeowners
Association and its Members, flrled an application for a Special Use Permit ("SUP) Major
Amendment for their property, which is generally located at 3l6th Avenue and Old US Highway 80
(the "Site").
As part of this application for a Major Amendment, it was our understanding that the
stipulations of approval aisociated with the prior SUP (Case No. 2;200170), specifically relating to
métering and watôr use by Maricopa County would be eliminated, as administration of water usage is
under the jurisdiction of the AtizonaDepartment of Water Resources.
The Site is not located within the Phoenix Active Management Area ('.AMA"¡ (Exhibit A)
where groundwater use is restricted. In fact, the Site has an established water source, which supports
the amãnities at the Site. The Site is subject to State law and ADWR regulations regarding water
usage. Therefore, all water use will comply with State laws and ADWR regulations, even with the
deletion of these conditions.
Therefore, we respectfully request that stipulations "c" and "d'o be removed from the
stipulations of approval as presented in the staff report that was issued for the November 9, 2017
Planning and Zoning Commission hearing.
Sincerely,
wi
las J. Wood
snell & vv¡lmer ¡s a membêr of LEX MUNDI, The Leading Assocìation of lndepend€nt Law Firms.
4834-3058-5684. I

Exhibit A
Phoenix AMA Boundary Map Exhibit
Spring Mountain
Ski Ranch
N