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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 7, 2024 Case #/Title: Z2022068 – The Ville Supervisor District: 4 Applicant/Owner: Ashley Marsh, Gammage & Burnham, P.L.C. / Gregory Living Trust Request: Zone change with overlay from Rural-43 to R1-6 RUPD Site Location: Northeast corner of 73rd Ave. and Thunderbird Rd. in the Peoria area Site Size: Approximately 6.23 acres County Island Status: Yes (City of Peoria) Additional Comments: There are no outstanding concerns from reviewing agencies. The applicant, on behalf of the property owner, is requesting to change the zoning from Rural-43 to R1-6 RUPD. The property owner is seeking annexation into the City of Peoria. The site although adjacent to some large residential lots is within a highly urbanized area inside the Peoria municipal planning area with access to City services. Peoria has commented and those comments have been considered but access to municipal services is covered in condition ‘c’ and dedication of right-of-way in condition ‘d(2)’. The City’s requirements will be addressed in the utilities services agreement and with annexation. Originally, case Z2022068 proposed zoning to R-4 RUPD for townhome development. There was significant opposition from the Weedville community. On March 1, 2023, the Board continued the case indefinitely. Afterward, the applicant modified this request to R1-6 RUPD for a traditional residential subdivision. The modified request was scheduled for review and recommendation by the Planning & Zoning Commission. Neighborhood opposition appears largely alleviated. During the January 11, 2024 Commission hearing, one neighborhood resident spoke in opposition to the proposed density and potential traffic impact. February 7, 2024 Z2022068 Page 1 of 3 Commission Recommendation: On 1/11/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2022068 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “The Ville (73rd Ave. & Thunderbird Rd.)”, consisting of one full-size sheet, dated September 28, 2023, and stamped received November 1, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “The Ville – Single-Family Residential Neighborhood”, consisting of eight pages, dated November 1, 2023, and stamped received November 1, 2023, except as modified by the following conditions. c. Before the approval of the initial final plat or precise plan of development, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Peoria that identifies in detail when the proposed project will be annexed and the provision of water and sewer service. In place of a pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. d. The following Planning Engineering conditions shall apply: 1. APNs 200-68-020L, 200-68-020P, and 200-68-020S are located within the jurisdiction of the City of Peoria (strip annexed area) and the City must approve any zone change proposal within their confines. 2. Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The applicant is responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements. 3. Without the submittal of a Plan of Development, 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 review and/or entitlement. 4. 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. e. The following R1-6 RUPD development standards shall apply: 1. Minimum front yards of ten feet for any side entry garage or forward living product. 2. Minimum rear yards of fifteen feet. 3. Minimum lot width of 50 feet. February 7, 2024 Z2022068 Page 2 of 3 4. Maximum lot coverage of 55 percent. 5. At least 15% of the area of any plat shall be set aside as common open space. 6. Lots with narrow throats containing a driveway extending from either street knuckles or cul-de-sacs shall have actual building envelope delineated on subdivision plats so that excluding the area of the narrowed throat the lot proper will meet a minimum 50-foot width and minimum 6,000 square foot area. Such lots shall have a throat of at least 20 feet wide and shall be no longer than 100 feet along its greatest dimension. 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. 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, it may be considered for revocation by the Board of Supervisors, upon recommendation by the Commission, to the previous Rural-43 zoning category. 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. Presented by: Martin Martell, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 1/11/24 P&Z Packet (21 pages) 1/11/24 P&Z Handout (3 pages) 1/11/24 P&Z Handout (3 pages) Note: 1/11/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. February 7, 2024 Z2022068 Page 3 of 3 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022068 – The Ville Hearing Date: January 11, 2024 Supervisor District: 4 Applicant: Ashley Marsh, Gammage & Burnham, P.L.C. Owner: Gregory Living Trust Request: Zone change with overlay from Rural-43 to R1-6 RUPD for a single-family residential subdivision Site Location: Northeast corner of 73rd Ave. and Thunderbird Rd. in the Peoria area Site Size: 6.23 acres Density: Approx. 3.12 du/ac County Island: Yes (City of Peoria) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Peoria – Estate Residential (0-2 du/ac) Municipal Comments: None received to date Support/Opposition: None known (for the modified request to R1-6 RUPD) Recommendation: Approve with conditions Z2022068 Page 1 of 8 Project Summary: 1. The applicant, on behalf of the property owner, is requesting to rezone the 6.23 gross acre site from Rural-43 to R1-6 RUPD for a future single-family residential subdivision. The site is located on the northeast corner of Thunderbird Rd. and 73rd Ave. a quarter of a mile east of the intersection of 75th Ave. and Thunderbird Ave. in the Peoria area. Currently, the applicant and the property owner wish to process this zone change with the County and then process an annexation into the City of Peoria, followed by subdivision plating with Peoria. The conceptual plan illustrates a residential subdivision with 19 lots surrounded by open space on all sides. The future streets within the community will be private with a single gated access point along Thunderbird Rd. 2. Originally this case was heard on the September 22, 2022 Commission Hearing as a request to rezone the site from Rural-43 to R-4 RUPD to accommodate a future townhome complex. Before the hearing staff received six support letters and 28 letters of opposition to the request. Most of the opposition received was against the proposed density of the development. During the hearing, several individuals spoke in opposition to this proposal due to the proposed density of the future development and potential traffic concerns. The Commission recommended approval of the first proposal and deemed the future townhome community as a compatible land use with the surrounding area. The case was scheduled for the November 16, 2022 Board hearing but was continued to January 25, 2023, where the applicant requested an indefinite continuance. Since most of the earlier opposition stated that they would prefer a more traditional single-family subdivision rather than a multi-family development, the applicant modified the zone change request to R1-6 RUPD. 3. The RUPD will vary R1-6 development standards as shown in the table below. It includes increased lot coverage, decreased yards, and will add parameters on how to measure width for lots with narrow throats. In compensation for these varied standards, the applicant proposes that at least 15% of the zoning district be set aside as common open space. Regulation Base R1-6 Zoning District Proposed R1-6 RUPD Zoning District Max. Height 30’ 30’ Min. Front Yard 20’ 10’ (20’ to the face of a front entry garage) Min. Interior Side Yard 5’ 5’ Min. Street Side Yard 10’ 10’ Min. Rear Yard 25’ 15’ Min. Lot Area 6,000 sq. ft. 6,000 sq. ft. Min. Lot Width 60’ 50’* Avg. Lot Area per Dwelling 6,000 sq. ft. 6,000 sq. ft. Unit Z2022068 Page 2 of 8 Max. Lot Coverage 50% 55% Common Open Space N/A 15% Min. Off-Street Parking 2 per dwelling unit 2 per dwelling unit Max. Privacy Wall Height 8’ 8’ Note: * Lots with narrow throats containing a driveway extending from street knuckles or cul- de-sacs shall have the actual building envelope delineated on subdivision plats so that excluding the area of the narrowed throat the lot proper will meet a min. 50’ lot width and min. 6,000 sq. ft. area. Such lots shall have a throat at least 20’ wide and no longer than 100’ along its greatest dimension. 2023 Aerial Image Z2022068 Page 3 of 8 Zoning Map Potion of the Zoning Exhibit Z2022068 Page 4 of 8 Conceptual Site Plan Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural-43 / Irrigated agriculture and single-family residences North: Rural-43 / Single-family residence South: R1-10 (Peoria) / Single-family residences East: Rural-43/ Irrigated agriculture and single-family residences West: AG & RM-1 (Peoria) / Single-family residences and school Utilities and Services: 5. Water: City of Peoria Wastewater: City of Peoria School District: Peoria Unified School District Fire: City of Peoria Police: City of Peoria Right-of-Way: 6. The site will be annexed into the City of Peoria and any required dedicated right-of-way will be determined by Peoria’s Department of Transportation. Thunderbird Rd. and 73rd Ave. are all within the City of Peoria’s jurisdiction. Z2022068 Page 5 of 8 Adopted Plan: 7. Vision 2030 Comprehensive Plan (Adopted January 13, 2016): This plan designates the site as a Rural Development Area (0-1 du/ac). This designation denotes areas of the County where densities of 0-1 du/ac are appropriate because of a lack of urban services (such as public utilities). Unlike, most areas with this designation, this site is unique since it is mostly surrounded by a highly developed urban area where access to urban services is readily available. 8. Peoria General Plan 2010: This general plan designates the site as Estate Density Residential. This designation denotes areas where low-density or large-lot single-family neighborhoods are desirable. Even though the proposed use and density are not in concert with this land-use designation, it will be up to the City of Peoria to determine if this request is compatible with this designation or not, in the annexation process. Public Participation Summary: 9. The applicant notified property owners within 300 feet of the subject site and the registered ‘area of interest’ groups of this modified project. During the applicant’s first Citizen Participation process that proposed developing the site as a townhome community, staff received six letters of support and 28 letters of opposition. Most of the opposition was against the proposed density and an associated increase in traffic emanating from the future townhome community. During the second outreach, the applicant met with or contacted eight individuals who were opposed to the original request. There is no known opposition to the modified request for R1-6 RUPD zoning. Outstanding Concerns from Reviewing Agencies: 10. There are no outstanding comments, concerns, or opposition by reviewing agencies. Staff Analysis: 11. Staff supports the proposed R1-6 RUPD zoning which creates an opportunity for infill development. The site is within the Peoria Municipal Planning Area (MPA) and staff supports annexation into the City. The R1-6 RUPD zoning will closely match the City of Peoria single-family residential subdivisions to the southwest. This site is appropriate for a single-family residential development with access to public transportation along Thunderbird Rd. and within proximity to retail centers. Moreover, this site is adjacent to a fully developed urban area with access to employment, education institutions, and recreational/ entertainment venues. Public utilities are readily available making this type of development on this site realistic. The applicant will be varying standards in this RUPD request, but these requested modifications are minor and are similar to what is seen in many RUPD requests. The applicant has made a significant effort to work with the opposition who opposed the first zone change request to develop a townhome complex on the site. The applicant’s new request to develop the site for a single-family subdivision is now more supportable by the surrounding stakeholders and more compatible with the surrounding area. Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022068 subject to the following conditions ‘a’ – ‘g’: Z2022068 Page 6 of 8 a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “The Ville (73rd Ave. & Thunderbird Rd.)”, consisting of one full-size sheet, dated September 28, 2023, and stamped received November 1, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “The Ville – Single-Family Residential Neighborhood”, consisting of eight pages, dated November 1, 2023, and stamped received November 1, 2023, except as modified by the following conditions. c. Before the approval of the initial final plat or precise plan of development, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Peoria that identifies in detail when the proposed project will be annexed and the provision of water and sewer service. In place of a pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. d. Final plats must be approved and recorded in five years if the site is not annexed and remains unincorporated. e. The following Planning Engineering conditions shall apply: 1. APNs 200-68-020L, 200-68-020P, and 200-68-020S are located within the jurisdiction of the City of Peoria (strip annexed area) and the City must approve any zone change proposal within their confines. 2. Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The applicant is responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements. 3. Without the submittal of a Plan of Development, 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 review and/or entitlement. 4. 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. f. The following R1-6 RUPD development standards shall apply: 1. Minimum front yards of ten feet for any side entry garage or forward living product. 2. Minimum rear yards of fifteen feet. 3. Minimum lot width of 50 feet. Z2022068 Page 7 of 8 4. Maximum lot coverage of 55 percent. 5. At least 15% of the area of any plat shall be set aside as common open space. 6. Lots with narrow throats containing a driveway extending from either street knuckles or cul-de-sacs shall have actual building envelope delineated on subdivision plats so that excluding the area of the narrowed throat the lot proper will meet a minimum 50-foot width and minimum 6,000 square foot area. Such lots shall have a throat of at least 20 feet wide and shall be no longer than 100 feet along its greatest dimension. g. 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. 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, it may be considered for revocation by the Board of Supervisors, upon recommendation by the Commission, to the previous Rural-43 zoning category. 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. Presented by: Martin Martell, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (reduced 8.5”x11”, 1 page) Narrative Report (8 pages) Conceptual Site Plan (1 page) MCESD comments (1 page) DPR comments (1 page) Z2022068 Page 8 of 8 M ARICO PA CO UN TY 5.3585 in Application Nam e: The Ville - Apartm ent Tow nhom es Legal Description T03N R01E 012, TT3N RR1E 12 Applicant Applicant Phone/Em ail 602.256.4443 ASHLEY M ARSH for G AM M AG E & BURNHAM P .L.C AM ARSH@ G BLAW .CO M Z2022068 Case Address Parcel Prim ary:200-68-020G 7228 W THUNDERBIRD RD PEO RIA AZ 85345 G enerated August 25, 2022 09:36 AM G ross Acres: 5.2 approx. M ap scale 1:1,480 Supervisor District No. 4 R e z o n e f r o m R u r a l - 4 3 t o R 1 - 6 R U P D f o r a s i n g l e f a m i l y r e s i d n t i a l s u b d i v i s i o n / M aricopa County Planning & Developm ent - Phoenix, AZ GURULE REBECCA ANN VICINITY MAP: NTS W ACOMA DR KN APPR. 200-68-007E NORTH 20.0' GOFF RONALD D (RU-43-RURAL RESIDENTIAL) 200-68-006 CURRENT USE:VACANT AVE AVE AVE 9.28.23 DATE AVE EXIST. (RU-43-RURAL RESIDENTIAL) GURULE HOWARD RONALD 75TH 71ST 67TH JK BY WORLD GOSPEL MISSION CURRENT USE:SINGLE- 73RD REBECCA ANN C/KIMBERLY K TR N N N 200-65-005H FAMILY RESIDENCE 200-68-007C 200-68-007H N W THUNDERBIRD RD. (RM-1-MULTI-FAMILY RES.) ROW (RU-43-RURAL RESIDENTIAL) (RU-43-RURAL PROJECT CURRENT USE:SINGLE- CURRENT USE:SINGLE- RESIDENTIAL) SITE FAMILY RESIDENCE LIMITS COUNTY FAMILY RESIDENCE CURRENT USE:SINGLE- C E M E T E R Y R D . FAMILY RESIDENCE COMMENTS 20.01' N 89°02'52" E 312.37' REVISION CITY W SWEETWATER AVE COUNTY UTILITIES/SERVICE: WATER: CITY OF PEORIA WASTEWATER: CITY OF PEORIA FIRE: CITY OF PEORIA POLICE PROTECTION: CITY OF PEORIA PEORIA MARICOPA REFUSE: CITY OF PEORIA TELEPHONE: TBD ELECTRIC: APS NATURAL GAS: SOUTHWEST GAS (AS NEEDED) 1 NO. WORLD GOSPEL MISSION PROJECT DATA: 200-65-005H PROJECT ADDRESS: 7228 W THUNDERBIRD RD., PEORIA, AZ 853545 (RM-1-MULTI-FAMILY RES.) PROJECT DESCRIPTION: CURRENT USE:SINGLE- 658.36' 588.38' THE VILLE IS HIGH-QUALITY GATED SINGLE-FAMILY RESIDENTIAL COMMUNITY FAMILY RESIDENCE WITH PROPOSED 50'x120' LOT SIZES AND OUTDOOR AMENITY SPACES. SCHOOL DISTRICT: PEORIA UNIFIED SCHOOL DISTRICT NO.11, OAKWOOD ELEM. SCHOOL (K-8), PIONEER ELEMENTARY SCHOOL, CACTUS HIGH SCHOOL 395.29' EXISTING ZONING: RU-43 E E PROPOSED ZONING: R1-6 RUPD REZONING REQUEST: ZONE CHANGE FROM RU-43 TO R1-6 RUPD 00°24'46" 00°24'46" SANDELL MELODY MAE APN: 200-68-020G 200-68-020Q 200-68-020L 200-68-020P 200-68-020S 200-68-020G 200-68-066B 200-68-020M 200-68-020T 200-68-020N 200-68-020R 200-68-020U N N (RU-43-RURAL RESIDENTIAL) GROSS SITE AREA: 264,726 SF (6.07 ACRES) 20.0' EXIST. ROW CURRENT USE:AGRICULTURE NET SITE AREA: 231,648 SF (5.32 ACRES) TOTAL UNIT COUNT: 19 LOTS 40.0' EXIST. ROW W RUPD COMPARISON CHART: GRAY EDNAM TR REGULATION: BASE R1-6 ZONING: PROPOSED 200-65-005G 00°25'12" R1-6 RUPD ZONING: HEIGHT 30' 30' (AG-GEN. AGRICULTURE) . S FRONT YARD 20' 20' (10' FOR SIDE ENTRY CURRENT USE:SINGLE- GARAGE OR FORWARD 71 OAKS SUBDIVISION LIVING PRODUCT) FAMILY RESIDENCE E (R1-10 RUPD INTERIOR SIDE YARD 5' 5' STREET-SIDE YARD 10' 10' V -COUNTY/PAD - REAR YARD 25' 15' PEORIA) . LOT AREA 6,000 S.F. 6,000 S.F. A SUBJECT SITE SINGLE-FAMILY RES. N LOT WIDTH 60' 50' * LOT AREA PER D.U. 6,000 S.F. 6,000 S.F. ZONED: L LOT COVERAGE 50% 55% SHOWN JK JK KN 08/11/2023 09/28/2023 D COMMON OPEN SPACE N/A 15% RU-43 TO R1-6 RUPD T PARKING SPACES 2 PER D.U. 2 PER D.U. AS BY: BY: R S MAXIMUM PRIVACY WALL 8' 8' (H): (V): BY: * LOTS WITH NARROW THROATS CONTAINING A DRIVEWAY EXTENDING FROM DATE: 1 STREET KNUCKLES OR CUL-DE-SACS SHALL HAVE THE ACTUAL BUILDING DESIGNED DRAWN CHECKED 3 SCALE SCALE DATE: COUNTY LIMITS ENVELOPE BEGIN BACK WHERE THE THROAT WIDENS INTO THE LOT PROPER REV N 89°05'43" E 174.27' 7 MEETING THE 50' MINIMUM REQUIRED LOT WIDTH. 7 THE LOT'S AREA BEHIND THE THROAT SHALL CONTAIN THE BUILDING ENVELOPE THAT MUST BE A MINIMUM OF 50' WIDE AND CONTAIN A MINIMUM LOT SIZE OF 6,000SF. THE LOT THROAT SHALL BE NO LONGER THAN 100' ALONG ITS GREATEST DIMENSION AND SHALL BE A MINIMUM OF 20' WIDE. RD.) CITY LEGAL DESCRIPTION: AZ 658.36' 588.38' PARCEL NO 1: MARICOPA THE SOUTH 2/5THS OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 KENNETH P JOHNSON PEORIA NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, COUNTY, MARICOPA COUNTY, ARIZONA. 223.61' FAMILY TRUST EXCEPT THAT PORTION CONVEYED TO MARICOPA COUNTY, BY DEED THUNDERBIRD 200-65-005E E E RECORDED AS DOCUMENT NO. 94-008611, RECORDS OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED (AG-GEN. AGRICULTURE) AS FOLLOWS: SANDELL MELODY MAE CURRENT USE:SINGLE- 00°24'46" 00°24'46" COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF THE 200-68-020Q 200-68-020T 200-68-066A SOUTH 40 FEET AND THE EAST LINE OF THE WEST 20 FEET OF SAID SOUTH 2/5THS EXHIBIT FAMILY RESIDENCE 200-68-020M OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (RU-43-RURAL RESIDENTIAL) OF THE SOUTHWEST QUARTER; MARICOPA N N W & CURRENT USE:SINGLE- THENCE NORTHERLY 30.00 FEET, ALONG THE EAST LINE OF THE WEST 20.00 FEET TO A POINT; FAMILY RESIDENCE THENCE IN A SOUTHEASTERLY DIRECTION TO A POINT ON SAID NORTH LINE OF 00°25'39" THE SOUTH 40.00 FEET THAT IS 30.00 FEET EAST FROM THE SAID POINT OF AVE. INTERSECTION; THENCE WESTERLY TO THE POINT OF INTERSECTION. ZONING PARCEL NO. 2: S THE NORTH 3/5THS OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA (73RD MARICOPA COUNTY COUNTY, ARIZONA. PARCEL NO. 3: UNINCORPORATED 200-68-020P 200-68-020S 200-68-067 THE SOUTH 2/5THS OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE 200-68-020L SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION12, TOWNSHIP 3 200-68-020R 200-68-020U 200-68-068 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 200-68-020N MARICOPA COUNTY, ARIZONA; VILLE ROW EXIST. 65.0' PARCEL NO. 4: S 89°07'37" W 456.52' PEORIA CITY LIMITS THE WEST 90 FEET OF THE WEST 158 FEET OF THE EAST 248 FEET OF THE SOUTH ROW EXIST. 40.0' TWO FIFTHS OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST T H U N D E R B I R D R D . QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, THE RANGE 1 EAST OF THE FILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 506.52' COUNTY, ARIZONA; EXCEPT THE SOUTH 33 FEET THEREOF FOR ROADWAY. N 89°07'37" E PROJECT TEAM: ROW EXIST. 65.0' ROW EXIST. 65.0' OWNER/DEVELOPER: LEGAL/AUTHORIZED AGENT: CAPITAL ALLOCATION PARTNERS GAMAGE & BURNHAM, PLC 600 W. 1ST ST, # 109 40 N. CENTRAL AVE, 20TH FLOOR . TEMPE, AZ 85251 PHOENIX, AZ 85044 RECEIVED TIERRA NORTE SUBDIVISION (R1-10) TIERRA NORTE SUBDIVISION (R1-10) CONTACT: CHAD BARBER CONTACT: ASHLEY MARSH / 1. NOV 23 N SWEETWATER RIDGE (PAD) EMAIL: CHAD@ MICHELLE SANTORO SOMMER JAY D/ WILK KENNETH C/JULIA M OWENS FAMILY L TEGMEYER MARDI CAPITALALLOCATIONPARTNERS.COM EMAIL: AMARSH@GBLAW.COM / Z2022068 PHONE: 602.332.1768 MSANTORO@GBLAW.COM RUMINSKI NANCY TONG LAM 200-77-969 RYSZKOWSKI TRUST L/RICHARD N PHONE: 602.256.4443/602.256.4486 TALBOT COREEN CASE# 200-77-971 QUANG (R1-10- DAVID T 200-77-967 T 200-77-922 LAND PLANNING: ENGINEERING: M/GOODWIN TRAVIS M SITE PLAN SCALE Z2022068 KIMLEY-HORN KIMLEY-HORN 200-98-957 (R1-10-S.F. RES.) 200-77-970 S.F. RES.) 200-77-968 (R1-10-S.F. RES.) S (R1-10-S.F. RES.) (1"=40') : 1001 W. SOUTHERN AVE, # 131 1001 W. SOUTHERN AVE, # 131 CURRENT USE:SINGLE- (R1-10-S.F. RES.) CURRENT USE: (R1-10-S.F. RES.) CURRENT USE: CURRENT USE: MESA, AZ 85210 MESA, AZ 85210 DRAWING NAME (PAD) 1 0 20' 40 80' CONTACT: KEITH NICHTER CONTACT: ZACH HILL ZONING EXHIBIT FAMILY RESIDENCE CURRENT USE: SINGLE-FAM. CURRENT USE: SINGLE-FAM. SINGLE-FAM. NORTH EMAIL: KEITH.NICHTER@ EMAIL: ZACH.HILL@ CURRENT USE:SINGLE- 7 RESIDENCE KIMLEY-HORN.COM KIMLEY-HORN.COM SINGLE- FAM. RES. RESIDENCE S.F. RES. RESIDENCE 1 OF 1 FAMILY RESIDENCE PHONE: 602.313.7206 PHONE: 602.313.7206 The Ville – Single-Family Residential Neighborhood Northeast Corner of 73rd Avenue and Thunderbird Road APNs: 200-68-020G, L, M, N, P, Q, R, S, T & U Z2022068 First Submittal: March 28, 2022 Second Submittal: May 26, 2022 Third Submittal: July 12, 2022 Fourth Submittal: July 22, 2022 Fifth Submittal / REVISED: August 14, 2023 Sixth Submittal: November 1, 2023 Ashley Z. Marsh, Esq. / Michelle Santoro 40 N. Central Ave., 20th Floor Phoenix, AZ 85004 Phone: 602-256-4443 / 602.256.4486 amarsh@gblaw.com/ msantoro@gblaw.com The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 1 of 14 RECEIVED 1. NOV 23 Z2022068 INTRODUCTION & HISTORY Since 2010, Capital Allocation Partners and its Arizona-native principals have successfully executed various value-add, redevelopment, and ground-up construction on close to 100 projects in Arizona and Utah. As of the date of filing, Capital Allocation Partners is currently under construction on more than 1,000 residential units with an additional 650 units slated to commence in 2023. Capital Allocation Partners is very familiar with this submarket and has been amongst the most active investors in the metro Phoenix area over the past 10 years. In early 2022, Capital Allocation Partners applied to rezone the property at the northeast corner of Thunderbird Road and 73rd Avenue, as shown on the aerial to the right (the “Property”) from RU-43 to R-4 RUPD to develop an 80-unit townhome multi-family project. At this time, Capital Allocation Partners has reimagined the Property to accommodate a single-family residential subdivision. This revised application seeks to rezone the Property to R1-6 RUPD in order to develop a quality, single-family residential neighborhood, consisting of nineteen (19) residential lots. The proposed community will be constructed on approximately 5 acres of land and will have a main entrance on Thunderbird Road while meeting safety and subdivision requirements. Capital Allocation Partners is dedicated to bringing a quality project to this site in unincorporated Maricopa County near the City of Peoria area. THE PROPOSAL The proposal by Capital Allocation Partners is to rezone the approximately 6.23 gross / 5.23 net acre site from RU-43 (Rural Residential) to R1-6 RUPD (Single Family Residential with Residential Unit Plan of Development overlay) to allow for a unique development to be known as “The Ville.” This request to rezone the subject site to R1-6 RUPD is an appropriate zoning category and will also contain a residential overlay that allows for a slight variation to the R1-6 zoning base development standards to meet the unique needs of the project given its unique size and shape. The Ville is a small, residential community of 19 lots. The proposed density is approximately 3.12 du/acre (gross), which will allow the development of a small neighborhood to provide housing opportunities for the existing employment in the area, such as the Peoria Sports Complex, the Banner Thunderbird Medical Center and Arizona State University West Campus. With that said, Capital Allocation Partners is excited to complete the rezoning and ultimate development of this property and expand housing opportunities for residents in an established and mature area of the county (City of Peoria) where resources and infrastructure are in currently place to facilitate orderly and efficient growth. The utilization of the existing infrastructure for new developments aligns with Maricopa County Vision 2030 comprehensive plan's development strategies and ultimately the site is planned for annexation into the City of Peoria. There are several parcels along the southern portion of the subject Property that are currently within the jurisdiction of the City of Peoria, for strip annexation, that are not a part of this subject rezoning request. The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 2 of 14 They are however under the same ownership and will be included in the development when annexed into the City of Peoria. RELATIONSHIP TO SURROUNDING PROPERTIES The Property is vacant, agricultural with two (2) homes and accessory structures, as shown on the aerial to the right. The property fronts Thunderbird Road, a major arterial thoroughfare and bus route. It is also close to commercial/retail/office users to the west at the intersection of 75th Avenue and Thunderbird Road. The Property is a county island with a mix of residential zoning and densities surrounding it. Most of the land surrounding the Property is zoned and located within the City of Peoria. As stated, the Property is within the county with a Comprehensive Plan designation of “Rural Densities (0-1 du/ac)” and is also within the Peoria Planning Boundary with a General Plan designation of “Estate Residential (0-2 du/acre; target density 1.0).” However, the Property has become an infill opportunity with a mix of zoning districts and uses (e.g., agricultural, church, water tank/utilities, commercial, etc.) that have developed around it. Additionally, the Property is ideally located at an intersection and fronts Thunderbird Road, which further supports the proposed density and style of residential development. CONSISTENCY WITH THE INTENT OF THE COMPREHENSIVE PLAN The requested rezone is in conformance with the goals and policies of the Comprehensive Plan. Listed below are a few of the goals and policies that demonstrate the proposed land use compatibility with and conformance to the various elements of the Comprehensive Plan. Land Use "The Land Use element maintains that sensible, functional, balanced, fiscally efficient, and economically viable land use patterns are important priorities. This element also reinforces the county's support for its area plan program and includes updated land use categories." Land Use Goal #1: Achieve balanced and efficient development patterns. Land Use Policy #17: Maricopa County supports balanced land use patterns that include various residential, retail, non-retail employment, and public and civic land uses. Response: The proposed rezoning will help to achieve a balanced land use pattern in the area by providing a new residential opportunity. The diversity of the surrounding uses and existing nearby infrastructure supports the residential use in the area, which will provide a balance to other nearby and surrounding land uses (e.g., retail). This use acts as a part of the greater area providing a balanced and efficient network of residential developments. Transportation The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 3 of 14 "The Transportation element establishes Maricopa County's support for coordinating future growth with an efficient transportation system. The Transportation element also emphasizes the importance of an efficient transportation system to the region's economy and air quality." Transportation Goal #2: Contribute to a safe, seamless and effective transportation system. Transportation Goal #3: Coordinate land use decisions with transportation investments to help the county exercise sound financial management and build the county's fiscal strength. Transportation Policy #9: Maricopa County supports balanced and efficient land use patterns that reduce the number and length of vehicle trips. Response: The proposed rezoning contributes to a safe, seamless, and effective transportation system that locates the residential land use in close proximity to an existing major arterial street and bus line (i.e., Thunderbird Road), providing effective and sustainable transportation access for residents to the immediate and greater surrounding area. Moreover, the property is also within proximity to the freeway systems (i.e., the US-60/Grand Avenue is approx. 1.5 miles to the east; 101-freeway is approx. 2.5 miles to the west), which will broaden the attractiveness of these units to a larger market due to transportation options/access. Both 73rd Avenue and Thunderbird Road are under the jurisdiction of the City of Peoria and will be improved per its standards. Economic Growth "The Economic Growth element includes strategies that Maricopa County can use to help create a diverse and resilient economy. Opportunities focus on locating employment proximate to where people live, supporting small and start-up businesses, and supporting industries that require a lot of land but not urban services or infrastructure." Economic Growth Goal #1: Contribute to an effective regional economy. Response: The contribution of a well-located land use/development within a desirable community that provides easy access to the surrounding freeway/bus systems supports and encourages regional economic activity. Energy "The Energy element is the newest in this plan and includes policies to promote renewable energy, energy conservation and overall more efficient energy use." Energy Goal #3: Have balanced and efficient development patterns. Response: The proposed development provides for an efficient land use pattern that locates shared, diverse, and unique housing options within close proximity (i.e., walkable) to services that reduces the overall energy consumption. Cost of Development The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 4 of 14 "The Cost of Development element specifies ways to help ensure that new development pays its fair share towards the cost of additional infrastructure and services needed to serve new development. The Cost of Development element also identifies current cost sharing methods, recommends future cost sharing strategies, and includes ways to ensure reasonable application of the recommended strategies." Cost of Development Goal #2: New development pays its proper and reasonable share of the costs of new infrastructure, services, and other public improvements. Response: The development proposal will ultimately pay its fair share of infrastructure and services needed, which will help sustain/maintain the infrastructure. The developer will work with both Maricopa County and the City of Peoria to determine cost allocation and/or infrastructure improvements as necessary. ACCESS AND CIRCULATION The Ville is situated at the northeast corner of 73rd Avenue and Thunderbird Road and within the future annexation area for the City of Peoria. The proposed development will be accessed from Thunderbird Road and potentially 73rd Avenue. There will be coordination with the County Department of Transportation and the City of Peoria regarding all necessary street dedications and improvements. With that said, access will circulate throughout the site for ease of movement for both vehicles and pedestrians. The internal street will be a private street that is gated. The conceptual lotting plan provided below is illustrative only. RUPD COMPARISON CHART The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 5 of 14 The table below illustrates the deviation from the base zone district standards regulations in comparison to the proposed development standards. Regulation Base R1-6 Zoning Proposed Zoning District District Regulations (R1-6 RUPD) Height 30’ 30’ Front Yard 20’ 20’ (10’ for any side entry garage or forward living product) Interior Side Yard 5’ 5’ Street-side Yard 10’ 10’ Rear Yard 25’ 15’ Lot Area 6,000 sq. ft. 6,000 sq. ft Lot Width 60’ 50’* Lot Area per Dwelling Unit 6,000 sq. ft. 6,000 sq. ft. Lot Coverage 50% 55% Common Open Space N/A 15% Parking Spaces 2 per dwelling unit 2 per dwelling unit Maximum Privacy Wall 8’ 8’ *LOTS WITH NARROW THROATS CONTAINING A DRIVEWAY EXTENDING FROM STREET KNUCKLES OR CUL-DE-SACS SHALL HAVE THE ACTUAL BUILDING ENVELOPE BEGIN BACK WHERE THE THROAT WIDENS INTO THE LOT PROPER MEETING THE 50’ MINIMUM REQUIRED LOT WIDTH. THE LOT’S AREA BEHIND THE THROAT SHALL CONTAIN THE BUILDING ENVELOPE THAT MUST BE A MINIMUM OF 50’ WIDE AND CONTAIN A MINIMUM LOT SIZE OF 6,000 SF. THE LOT THROAT SHALL BE NO LONGER THAN 100’ ALONG ITS GREATEST DIMENSION AND SHALL BE A MINIMUM OF 20’ WIDE. JUSTIFICATION The RUPD table proposed seeks minor deviations from the development standards, while simultaneously creating an open space requirement where one would not exist with baseline zoning. These modifications under the RUPD are minor and promote the development of a premier community that features first-rate amenities, private open space, and sophisticated modern design. The increased open space standards set the tone for a high-quality development while also blending with the existing single-family residential surrounding the property. The deviations requested reduce the required rear setback and lot width, while increasing the lot coverage allowed. The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 6 of 14 There is also a request to vary the front setback to ten (10) feet to the livable area or to side loaded garages. Front facing garages will be setback from sidewalks to account for the 18-foot by 18-foot parking space requirement for two (2) parked vehicles. This requested variation will eliminate a dominate garage streetscape to allow for diversity in housing product and design. Again, all are minor deviations but are needed in order to fit the single-family residential lots on this small, odd- shaped property. This will allow for better product placement of individual homes and provide for additional square footage to be allotted to circulation and open space requirements to serve the future community. These deviations also mirror nearby adjacent residential developments. To offset these deviations, 15% open space is proposed to allow for active and passive open space areas where no open space requirement exists for the baseline R1-6 zoning district. DEVELOPMENT SCHEDULE It is anticipated that The Ville will be developed as a single phased project, upon annexation into the City of Peoria with necessary requisite building permits and plating. This development proposal will not adversely affect municipal and private facilities or services and will not have an adverse effect on existing or future public and private open space, recreation, schools or library facilities. COMMUNITY FACILITIES AND SERVICES Schools The proposed development is located within the Peoria Unified School District. Students from this development are anticipated to attend either Oakwood Elementary School (K-8) or Pioneer Elementary School as well as Cactus High School. Amenities The Ville will provide significant open space areas throughout the development for passive and active recreation and enhanced landscaping. Amenities have not been defined at this time. Refuse Refuse will be provided by a private waste management company or via the City of Peoria. Sanitary Sewer Service The Ville will annex into the City of Peoria, which will connect to the existing city sewer system. Water Service The Ville will annex into the City of Peoria, which will connect to the existing city water system. The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 7 of 14 Police and Fire The Ville will annex into the City of Peoria, which will provide city police and fire services. Dry Utilities The Ville coordinate with Arizona Public Service (APS) for electricity and Southwest Gas for natural gas (as needed). In addition, internet and phone services will be provided to the project via the many companies and options available. CONCLUSION In conclusion, the proposed development will allow for the construction of a high quality, unique, and desirable single family residential community within this area. The requested zoning is an appropriate transition and buffer from the existing single-family residential homes and unique, diverse uses within and abutting the property. The request will not have an adverse impact on the livability of the area, health, or safety of the current or future residents. Furthermore, the development will not adversely impact the built environment or residential/agricultural quality of the area. In fact, the proposed land uses should be considered an asset and buffer with the surrounding area than the existing more intense, impactful non-residential uses. With that said, Capital Allocation Partners and their team are committed to ensuring the creation of a high-quality development and look forward to working with Maricopa County and the City of Peoria on realizing this exciting housing development. The Capital Allocation Partners and team respectfully requests your favorable consideration of this request. The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD Page: 8 of 14 (RU-43) SITE DATA: GROSS SITE AREA: +/-264,692 SF / +/-6.08 AC C E M E T E R Y R D . NET SITE AREA: +/-231,624 SF / +/-5.32 AC EXISTING ZONING: RU-43 (COUNTY) 20.0' 24.0' 10 PROPOSED ZONING: R1-6 RUPD RET. (RM-1) PROPOSED UNITS: 19 (3.12 DU/GROSS AC) 11 PROPOSED LOT SIZE: MIN. 50'X120' (MIN. 6K SF) 9 42.0' 20.0' 12 PROP. OPEN SPACE: +/-1.0 AC (+/-16%) 15.0' (RU-43) 8 10.0' 13 NOTE: THIS YIELD STUDY IS FOR CONCEPTUAL PURPOSES ONLY AND REQUIRES DETAILED SITE 7 DRIVE 10.0' PLANNING, ENGINEERING & CITY APPROVALS. 5.0' 10.0' 14 . E 6 50.0' 15 V 120.0' PRIVATE 5 42.0' A 16 20.0' (AG) 20.0' 4 71 OAKS D RET. SUBDIVISION 20.0' 17 10.0' (R1-10 RUPD R 3 10.0' -COUNTY/PAD 120.0' - PEORIA) 3 MIN. 18 15.0' 2 7 50' (RU-43) MIN. MIN. 19 10.0' 25.0' 1 50' GATED 50' ENTRY/EXIT RET. 35.0' 90.0' 263.6' 263.6' 40.0' 40.0' T H U N D E R B I R D R D . TIERRA NORTE SUBDIVISION (R1-10) N 0' 50' 100' 200' 73RD AVE. AND THUNDERBIRD RD. CONCEPTUAL SITE PLAN MARICOPA COUNTY, AZ SONORA WEST DEVELOPMENT BY:JK DATE: 09/28/23 Maricopa County Environmental Services Department Water & Waste Management Division Subdivision Planning Program Infrastructure & DATE: April 6, 2022 1001 N. Central Avenue #150 Phoenix, Phone: (602) Arizona 372-2907 85004 TO : Martin Martell, Planning & Development Dept. Fax: (602) 506-5813 Planner TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Zoning Change With Overlay. Z2022068 The Maricopa County Environmental Services Department (MCESD) has received documentation for the rezone the approximately 5.32 net acres site from RU43 (Rural Residential) to R-4 RUPD (Multiple Family Residential with Residential Unit Plan of Development overlay) to allow for a unique multifamily rental development to be known as “The Ville – Apartment Townhomes.” at APN# 200-68-020G. According to the documents submitted, City of Peoria will provide potable water and sanitary sewer services. ATC must be obtained prior to construction permit approval. Based on the above, MCESD raise no concern for this project to the Planning & Development Department in Accela Automation on April 6, 2022. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. Maricopa County Planning & Development Department Engineering Plan Review Date: June 2, 2022 Robert Planning Fedorka, & Development P.E. Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 301 W. Jefferson St., Suite 170 Development Phoenix, Arizona 85003 Phone: (602) 506-7151 www.maricopa.gov/planning Attn: Martin Martell, Planner, Planning & Development Services Email address: Bob.Fedorka@maricopa.gov From: Bob Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2022068 - Zone Change (to R-4 RUPD) (E2 Memo) Job Site Address: NEC Happy Valley & El Mirage Roads APN(s): 200-68-020G, L, M, N, P, Q, R, S, T & U This application is to specify zoning for future development and does not include a Plan of Development. PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the 2nd submittal of the Zone Change application routed for review on May 31, 2022, and has no objections subject to the following conditions: 1. APNs 200-68-020L, P and S are located within the jurisdiction of the City of Peoria (strip annexed) who must approve any zone change proposal within their confines. 2. Thunderbird Road and N. 73rd Avenue are within the jurisdiction of the City of Peoria. The applicant is responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. Without the submittal of a Plan of Development, 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 review and/or entitlement. 4. 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. Please contact me if you have any questions or require any additional information. DATE: January 11, 2024 TO: Planning & Zoning Commission From: Darren Gérard, AICP Planning Manager SUBJECT: Z2022068 – The Ville Agenda Item: #1 Staff communications with the applicant since the publication of the report, have made staff comfortable with the removal of condition ‘d’: CONDITION ‘d’: Final plats must be approved and recorded in five years if the site is not annexed and remains unincorporated. Therefore staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022068 subject to the conditions ‘a’ – ‘g’ (renumbered after deletion of condition ‘d’ as shown in the staff report): a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “The Ville (73rd Ave. & Thunderbird Rd.)”, consisting of one full-size sheet, dated September 28, 2023, and stamped received November 1, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “The Ville – Single-Family Residential Neighborhood”, consisting of eight pages, dated November 1, 2023, and stamped received November 1, 2023, except as modified by the following conditions. c. Before the approval of the initial final plat or precise plan of development, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Peoria that identifies in detail when the proposed project will be annexed and the provision of water and sewer service. In place of a pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. d. The following Planning Engineering conditions shall apply: 1. APNs 200-68-020L, 200-68-020P, and 200-68-020S are located within the jurisdiction of the City of Peoria (strip annexed area) and the City must approve any zone change proposal within their confines. 2. Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The applicant is responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements. 3. Without the submittal of a Plan of Development, 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 review and/or entitlement. 4. 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. e. The following R1-6 RUPD development standards shall apply: 1. Minimum front yards of ten feet for any side entry garage or forward living product. 2. Minimum rear yards of fifteen feet. 3. Minimum lot width of 50 feet. 4. Maximum lot coverage of 55 percent. 5. At least 15% of the area of any plat shall be set aside as common open space. 6. Lots with narrow throats containing a driveway extending from either street knuckles or cul-de-sacs shall have actual building envelope delineated on subdivision plats so that excluding the area of the narrowed throat the lot proper will meet a minimum 50-foot width and minimum 6,000 square foot area. Such lots shall have a throat of at least 20 feet wide and shall be no longer than 100 feet along its greatest dimension. 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. 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, it may be considered for revocation by the Board of Supervisors, upon recommendation by the Commission, to the previous Rural-43 zoning category. 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. DATE: January 11, 2024 TO: Planning & Zoning Commission From: Darren Gérard, AICP Planning Manager SUBJECT: Z2022068 – The Ville Agenda Item: #1 Since the publication of the report, staff has received a request from the City of Peoria to add the following conditions: Requested Condition: Annexation of the subject site into the City of Peoria is required prior to the provisions of any City of Peoria services or utilities (such as sewer and water). Requested Condition: Platting of the subject site through the City of Peoria is required. Requested Condition: The developer shall dedicate a minimum 25-ft ROW and 8-ft PUE along 73rd Ave frontage. Requested Condition: The developer shall dedicate a minimum 65-ft ROW and 8-ft PUE along Thunderbird Rd frontage. Both staff and the applicant believe that the language listed in the four stipulations above is covered in the following two stipulations already listed in the Z2022068 staff report: Condition ‘c’: Before the approval of the initial final plat or precise plan of development, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Peoria that identifies in detail when the proposed project will be annexed and the provision of water and sewer service. In place of a pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. (This would address requested condition #1) Condition ‘d(2)’: Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The applicant is responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements. (This would address requested conditions #3 & #4) Staff and the applicant believe that the requested condition #2 to require the developer to plat within the City of Peoria is too restrictive for this site, especially if circumstances change and the property owner wishes to remain/develop in the County. Therefore, staff do not support adding these requested conditions to the Z2022068 staff report. Attached: Email from the City of Peoria (1 page) Martin Martell (PND) From: Greg Loper <greg.loper@peoriaaz.gov> Sent: Wednesday, January 10, 2024 3:52 PM To: Martin Martell (PND) Cc: Lorie Dever; Ashley Z. Marsh; Darren Gerard (PND); Jack Situ Subject: FW: 73rd / Thunderbird (Maricopa County Zoning Case #Z2022068) Importance: High This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. Martin, Thank you for the opportunity to comment on zoning case #Z2022068 (rezoning at the northeast corner of Thunderbird Road and 73rd Avenue). We understand from speaking with the applicant – Ashley Marsh – that annexation into the City is proposed (and required in order to receive City of Peoria services such a sewer and water). At this time, we respectfully request that the following stipulations be applied to zoning case #Z2022068: 1. Annexation of the subject site into the City of Peoria is required prior to the provisions of any City of Peoria services or utilities (such as sewer and water). 2. Platting of the subject site through the City of Peoria is required. 3. Developer shall dedicate minimum 25-ft ROW and 8-ft PUE along 73rd Ave frontage. 4. Developer shall dedicate minimum 65-ft ROW and 8-ft PUE along Thunderbird Rd frontage. Thanks Martin – please let us know of any questions or comments. Greg Loper, AICP Parks & Natural Resources Senior Planner Strategic Planning O: 623-773-4613 M: 602-550-7004 Greg.Loper@PeoriaAz.gov City of Peoria | Planning Department 9875 N. 85th Avenue, Peoria, AZ 85345 Monday through Thursday, 7am to 6pm | Closed Friday PeoriaAZ.gov/planning 1