02. 03. DMP2015003 Z2015035 BOS REPORT.PDF
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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 6, 2016 Case #/Title: 1. DMP2015003 – Tonto Verde Parcel 1 2. Z2015035 Supervisor District: 2 Applicant/Owner: Land Development Services, LLC./Desert Troon Ltd., LLC. Requests: 1. Development Master Plan (DMP) Amendment to change the land use designation from Multi-Neighborhood Commercial to Neighborhood Retail Commercial and Medium Density Residential. 2. Zone Change from Rural-190 to C-1 and R1-6 RUPD. Site Location: Approximately at the southwest corner of Rio Verde Dr. and Forest Rd. in the Rio Verde Area. Site Size: Approximately 8.85 acres (701.7 acre DMP) County Island Status: N/A Additional Comments: The Tonto Verde Association and Tonto Verde Golf Club, Inc. provided a letter at the Commission hearing which is included as an attachment to this report. Commission Recommendations (two motions – DMP2015003 & Z2015035): On 11/19/15, the Commission voted 6-0 to recommend approval of DMP2015003 subject to conditions ‘a’ – ‘w’: a. Development and use of the site shall comply with the narrative report entitled, “Amendment to the Tonto Verde Development Master Plan”, consisting of 12 pages which includes all exhibits stamped received October 26, 2015, except as modified by the following conditions. b. Major changes to this Development Master Plan, with regard to use and intensity, must be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Minor changes to the Development Master Plan may be administratively approved by the Department of Planning and Development. January 6, 2016 DMP2015003 & Z2015035 Page 1 of 5 c. The applicant shall obtain Earth Moving Permit from the County Bureau of Air Pollution Control prior to construction. d. Building permits shall be obtained for any excavation or grading, as well as, for water and sewer-line installation. e. The design of the relocated Forest Service access easement shall be approved by the Tonto National Forest. f. Widening of Forest Drive to provide for right and left turn pockets at the entrance to the Development, per County standards, during Phase I of development for the west side of Forest Road and during Phase III of development for the east side of Forest Road. g. Participation of up to 50%, as determined by Maricopa County Department of Transportation, for possible future signalization of entrance road at Forest Road. Participation is to be bonded for as long as two (2) years after completion of the project. h. Coordination with the County Parks and Recreation and Transportation Departments in the provision of a hiking and riding trail system to connect with the McDowell Regional Park and the Tonto National Forest. i. The area of the Box Bar Ranch (Rio Verde Ranch), shall be surveyed by a qualified archaeologist and a report summarizing the findings shall be submitted to the State Historic Preservation Officer, prior to the approval of any plans for the development of that property. j. Deed restrictions shall state that grass or turfed areas at individual residences are prohibited. k. Firm Wash 10 and Firm Wash 11 as determined by the Tonto Verde Drainage Plan 1992, and associated vegetation shall be retained in their natural state. l. Golf course fairways will be replanted with as much native vegetation as possible. m. The irrigation system shall be of the type which keep over-spray, and wind drift to a minimum. n. Aquatic plants will be utilized in the lakes as a food source for wildlife. o. The use of potable groundwater in refilling lakes and irrigating the golf course is prohibited. p. A 100-foot natural desert buffer zone, along the west and south portion of Parcel 19, to an eight foot wall with a depressed compound area for the golf- maintenance facility shall be provided at the time of development of this area. January 6, 2016 DMP2015003 & Z2015035 Page 2 of 5 q. A fifty (50) foot wide buffer of natural desert landscaping will be provided along Rio Verde Drive adjacent to the golf course or any residential land use. A four to five foot high wall or landscape berm shall undulate through this buffer. A combination of wall and berm is allowable to accomplish the intended four to five foot high screen. The golf course rough may encroach into the buffer area. r. A natural desert setback with an average width of fifty (50) feet shall be provided along Rio Verde Drive adjacent to the commercial site. s. Emergency access to Parcel 6 shall be provided and shown on subsequent development plans. t. Thirty (30) percent of the commercial site is to be left as natural desert/open space. u. The following MCESD condition shall apply: 1. Water and sewer service is determined to be provided by Rio Verde Utilities. MCESD has to receive and approve the improvement plans for the utilities. ATC must be issued before Final Plat acceptance. v. The following Engineering conditions shall apply: 1. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 2. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 3. Flow depths across N. Forest Road must comply with Table 6.7 of the Maricopa County Drainage Policies and Standards (for low water crossings). w. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. January 6, 2016 DMP2015003 & Z2015035 Page 3 of 5 Commission Recommendation: On 11/19/15, the Commission voted 6-0 to recommend approval of Z2015035 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in conformance with the Narrative Report entitled “Zone Change Request, Parcel 1, Tonto Verde Development Master Plan”, consisting of 7 pages which includes the zoning exhibit stamped received November 3, 2015, except as modified by the following conditions. The applicant shall submit a revised narrative within 30 days after BOS approval, removing the request to vary the lot area per dwelling unit standard. b. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase (if applicable), within which time the initial construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015035 which details the status of this project, including progress on obtaining construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the final construction permits. c. The following R1-6 RUPD Zoning District standards shall apply: 1. Maximum Height: 30’ 2. Minimum Front Setback: 20’ 3. Minimum Side Setback: 5’ 4. Minimum Street Side Setback: 5’ 5. Minimum Rear Setback: 15’ 6. Minimum Lot Area: 4,500 sq. ft. 7. Minimum Lot Width: 50’ 8. Minimum Lot Area Per Dwelling Unit: 6,000 sq. ft. 9. Maximum Lot Coverage: 60% d. The following MCESD condition shall apply: 1. Water and sewer service is determined to be provided by Rio Verde Utilities. MCESD has to receive and approve the improvement plans for the utilities. Approval to construct must be issued before Final Plat acceptance. e. The following Engineering conditions shall apply: 1. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. January 6, 2016 DMP2015003 & Z2015035 Page 4 of 5 2. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 3. Flow depths across N. Forest Road must comply with Table 6.7 of the Maricopa County Drainage Policies and Standards (for low water crossings). f. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. i. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. j. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). k. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. l. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. Presented by: Ray Banker, Planner Reviewed by: Darren V. Gerard, AICP, Deputy Director Attachments: 11/19/15 P&Z Packet (49 pages) Tonto Verde Association/Tonto Verde Golf Club – Commission memo handout (2 pages) Note: 11/19/15 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. January 6, 2016 DMP2015003 & Z2015035 Page 5 of 5 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Cases: 1. DMP2015003 – Tonto Verde Parcel 1 2. Z2015035 Meeting Date: November 19, 2015 Agenda Items: 1. 2 2. 3 Supervisor District: 2 Applicant: Land Development Services, LLC. Owner: Desert Troon Ltd., LLC. Requests: 1. Development Master Plan (DMP) Amendment to change the land use designation from Multi-Neighborhood Commercial to Neighborhood Retail Commercial and Medium Density Residential. 2. Zone Change from Rural-190 to C-1 and R1-6 RUPD. Site Location: Approximately at the southwest corner of Rio Verde Dr. and Forest Rd. in the Rio Verde Area. Site Size: Approximately 8.85 acres (701.7 acre DMP) Density: 1.34 d.u./ac. County Island Status: N/A County Plan: DMP for Tonto Verde has land use designated for the subject parcel as Multi-Neighborhood Commercial. Municipal Plan: N/A Municipal Comments: N/A Support/Opposition: One (1) email of support and one (1) memo of opposition. Recommendations: 1. Approve with conditions 2. Approve (Conditional Zoning) with conditions Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 1 of 12 Project Summary: 1. This is a request for a DMP Amendment to the Tonto Verde DMP and a zone change for an 8.85 acre parcel (Tonto Verde Parcel 1) located at the southwest corner of Rio Verde Dr. and Forest Rd. in the Rio Verde Area. The DMP Amendment is a request to change the land use designation from the approved Multi-Neighborhood Commercial to Neighborhood Retail Commercial (2.93 acres) and Medium Density Residential – 5.08 d.u./ac. (5.92 acres). The zone change is a request to change the current Rural-190 zoning district to C-1 (2.93 acres) and R1-6 RUPD (5.92 acres). 2. The applicant is proposing to develop the residential portion of the site with a 30 lot subdivision and has a Preliminary Plat in the process with case S2015013. The subject site is bounded by Rio Verde Dr. and Tonto National Forest to the north, Forest Rd. and the Tonto Verde golf course to the east, and to the south and east by a portion of the existing golf course. See below for vicinity map (see Figure 1). Figure 1. Aerial photograph of subject site and adjacent land uses. Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 2 of 12 3. Tonto Verde is an approximately 702-acre DMP that consists of single family and townhouse residential land uses with golf course and clubhouse amenities. The only commercial planned parcel is the subject site. Parcel 1 was listed as 8.5 acres in the last amendment, however after a survey by the applicant and the County Assessor information lists the site as 8.85 acres. The total acreage of the DMP with clarification of Parcel 1 as 8.85 acres would be 701.9 acres. See Figure 2 below for current and proposed DMP land use chart (with corrected Parcel 1 acreage). Figure 2. Current and Proposed Land Use Table. 4. The requests would reduce the commercial parcel to 2.93 acres for the entire Tonto Verde DMP. The applicant provides justification of this change by stating the feasibility of developing a larger commercial development would not be economically supported. The requested C-1 zoning allows for low intensity commercial uses. 5. With the rezone for R1-6, the applicant is requesting to alter the development standards to reduce the following: rear setback at 15’, street side yard setback at 5’ minimum lot area at 4,500 sq. ft., minimum lot width at 50 ft., and to increase the maximum lot coverage to 60% (see Figure 3 below for RUPD request). The applicant is requesting variations from the standard to be able to provide a housing product that best meets market conditions. It should be noted that there was an error on the request to reduce the minimum lot area per dwelling unit from 6,000 sq. ft. to 4,500 sq. ft. Article 1002.5.2. of the Maricopa County Zoning Ordinance (MCZO) does not allow for this request and the applicant will be required to change this information for the case documents if approved. Figure 3. Proposed R1-6 RUPD Table Development Standards for Tonto Verde Parcel 1 R1-6 Max. Height Min. Front Setback Min. Side Setback Min. Street Side Setback Min. Rear Setback Min. Lot Area Min. Lot Width Min. Lot Area Per DU Max. Lot Coverage Base 30' 20' 5' 10' 25' 6,000 sq. ft. 60' 6,000 sq. ft. 50% RUPD (Z2015035) 30' 20' 5' 5' 15' 4,500 sq. ft. 50' 6,000 sq. ft. 60% Public Participation Summary: 6. The applicant complied with the requirements for posting the property with the public hearing dates. Staff sent out notification cards to property owners within 300’ of the subject site and areas of interest regarding the requests. The email of support received Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 3 of 12 by staff is from the Rio Verde Community Association (attached) stating the proposed residential and commercial is an appropriate size for the area. 7. Staff also received a memo of opposition by the Tonto Verde Association & Tonto Verde Golf Club, Inc. (attached). They stated issues with types of uses allowed, height restrictions, and drainage concerns for the golf course as reasons for their opposition. Background: 8. March 17, 1986: The Board of Supervisors approved the “Tonto Verde Development Master Plan: A Revision to the Rio Verde Development Master Plan” under case DMP85- 3. 9. November 5, 1990: The Board of Supervisors approved an amendment to the Tonto Verde Development Master Plan under case DMP90-2. 10. December 14, 1992: The Board of Supervisors approved DMP92-2, an amendment to the Tonto Verde Development Master Plan, approval is subject to the following conditions: a. Development in accordance with the Narrative Report entitled “Tonto Verde Development Master Plan” dated revised September 21, 1992, and enclosed map dated August 20, 1992. b. Major changes to this Development Master Plan, with regard to use and intensity, must be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Minor changes to the Development Master Plan may be administratively approved by the Department of Planning and Development. c. The applicant shall obtain Earth Moving Permit from the County Bureau of Air Pollution Control prior to construction. d. Building permits shall be obtained for any excavation or grading, as well as, for water and sewer-line installation. e. The design of the relocated Forest Service access easement shall be approved by the Tonto National Forest. f. Widening of Forest Drive to provide for right and left turn pockets at the entrance to the Development, per County standards, during Phase I of development for the west side of Forest Road and during Phase III of development for the east side of Forest Road. g. Participation of up to 50%, as determined by Maricopa County Department of Transportation, for possible future signalization of entrance road at Forest Road. Participation is to be bonded for as long as two (2) years after completion of the project. Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 4 of 12 h. Coordination with the County Parks and Recreation and Transportation Departments in the provision of a hiking and riding trail system to connect with the McDowell Regional Park and the Tonto National Forest. i. The area of the Box Bar Ranch (Rio Verde Ranch), shall be surveyed by a qualified archaeologist and a report summarizing the findings shall be submitted to the State Historic Preservation Officer, prior to the approval of any plans for the development of that property. j. Deed restrictions shall state that grass or turfed areas at individual residences are prohibited. k. Firm Wash 10 and Firm Wash 11 as determined by the Tonto Verde Drainage Plan 1992, and associated vegetation shall be retained in their natural state. l. Golf course fairways will be replanted with as much native vegetation as possible. m. The irrigation system shall be of the type which keep over-spray, and wind drift to a minimum. n. Aquatic plants will be utilized in the lakes as a food source for wildlife. o. The use of potable groundwater in refilling lakes and irrigating the golf course is prohibited. p. A 100-foot natural desert buffer zone, along the west and south portion of Parcel 19, to an eight foot wall with a depressed compound area for the golf- maintenance facility shall be provided at the time of development of this area. q. A fifty (50) foot wide buffer of natural desert landscaping will be provided along Rio Verde Drive adjacent to the golf course or any residential land use. A four to five foot high wall shall undulate through this buffer. The golf course rough may encroach into the buffer area. r. A natural desert setback with an average width of fifty (50) feet shall be provided along Rio Verde Drive adjacent to the commercial site. s. Emergency access to Parcel 6 shall be provided and shown on subsequent development plans. t. Thirty (30) percent of the commercial site is to be left as natural desert/open space. Maximum building lot coverage shall not exceed twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet. 11. May 13, 1997: An amendment to the DMP under case DMP92-2(a) was approved to increase the DMP acreage from 674.9 to 701.7. Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 5 of 12 Existing On-Site and Adjacent Zoning/Land Use: 12. On-site: Rural-190/vacant North: Arterial then Rural-190/Rio Verde Dr. then Tonto National Forest South: Rural-190/golf course West: Arterial then RU-190/Forest Rd. then golf course East: Rural-190/golf course Figure 4: Zoning map of Tonto Verde Parcel 1 and surrounding region Utilities and Services: 13. Water: Rio Verde Utilities, INC. Wastewater: Rio Verde Utilities, INC. Fire: Rio Verde Fire Department Police: MCSO Outstanding Concerns from Reviewing Agencies: 14. N/A Staff Analysis: 15. Staff believes that the reduction in proposed commercial land would be adequate for the Tonto Verde area as the full 8.85 commercial piece has been planned with the DMP and has not yet been zoned or developed over many years. If approved, the remaining 2.93 acres of planned commercial uses would be accessible from Rio Verde Dr. and Forest Rd. The applicant has also included the possibility of having access from Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 6 of 12 the proposed residential portion of the parcel and the golf course to the commercial site. 16. The addition of 5.92 acres of residential use would only increase the overall density of the Tonto Verde DMP by 0.04 d.u./ac., to a total of 1.38 d.u./ac. The proximity to the commercial piece of parcel 1 and the golf course supports the addition of these residential uses. Accessibility to the two major arterials (Rio Verde Dr. and Forest Rd.) also further allows for potential residents to easily access these roads. Rio Verde Utilities, INC. has provided a “will serve” letter specific to Parcel 1 of the Tonto Verde DMP; they also supply water and wastewater services to the entire Tonto Verde DMP area. 17. The applicant also requests to change approved stipulations ‘q’ and ‘t’ as approved with DMP92-2. Stipulation ‘q’ requires a 50 ft. wide buffer along Rio Verde Drive for natural desert landscaping adjacent to the golf course or any residential land use. A 4’ – 5’ (h) wall should be provided through this landscape buffer area. The request by the applicant is to include a “landscaped berm” as an option to the required wall or a combination of the two. Staff is okay with this change as a “landscape berm” might be a beneficial and aesthetic technique to provide screening along this buffer. Stipulation ‘t’ refers to the requirement for 30% of the commercial site to be left as natural desert/open space, lot coverage not to exceed 20%, and building height not exceed 30’. The applicant requests to increase the building lot coverage to 30% as the commercial site acreage would be reduced with this request. Staff recommends to remove the maximum lot coverage and building height requirements as the requested zone change would set the new development standards. The revised recommended conditions with leg-edit is provided below: q. A fifty (50) foot wide buffer of natural desert landscaping will be provided along Rio Verde Drive adjacent to the golf course or any residential land use. A four to five foot high wall or landscape berm shall undulate through this buffer. A combination of wall and berm is allowable to accomplish the intended four to five foot high screen. The golf course rough may encroach into the buffer area. t. Thirty (30) percent of the commercial site is to be left as natural desert/open space. Maximum building lot coverage shall not exceed twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet. 18. Stipulation ‘r’ from DMP92-2 also requires a 50’ wide landscape buffer along Rio Verde Drive adjacent to the commercial site. It should be noted that any requirement for landscaping or screening shall not impede any access from Rio Verde Dr. to the subject parcel. Staff has not received any opposition for this case. It should be noted that the Tonto Verde Association has mentioned different requirements for development standards such as limiting building height to maximum 20’. Staff cannot regulate or accommodate CC&R requirements. 19. The Arizona Game and Fish Department provided a memo stating their recommendations prior to development and disturbance of the subject property. This memo is included as an attachment. 20. The proposed commercial site is being reduced in area and intensity to serve as a neighborhood retail center. However, it’s important to note this is a strategic intersection of two arterial roads at the access to a federal recreation area. This will be Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 7 of 12 the only commercial site open to the public within an approximately 22 mile stretch between Pima Rd. and Fountain Hills. This is a critical commercial location for the convenience and necessity of the general public. Recommendations (two motions – DMP2015003 & Z2015035): 21. Staff recommends the Commission motion for approval with conditions ‘a’ – ‘w’ of DMP2015003 for the following reasons: The change in land use fits the development trends and demand of the Rio Verde area. Reviewing County agencies have no objection to the request. Provided the following conditions, as applicable, are met: a. Development and use of the site shall comply with the narrative report entitled, “Amendment to the Tonto Verde Development Master Plan”, consisting of 12 pages which includes all exhibits stamped received October 26, 2015, except as modified by the following conditions. b. Major changes to this Development Master Plan, with regard to use and intensity, must be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Minor changes to the Development Master Plan may be administratively approved by the Department of Planning and Development. c. The applicant shall obtain Earth Moving Permit from the County Bureau of Air Pollution Control prior to construction. d. Building permits shall be obtained for any excavation or grading, as well as, for water and sewer-line installation. e. The design of the relocated Forest Service access easement shall be approved by the Tonto National Forest. f. Widening of Forest Drive to provide for right and left turn pockets at the entrance to the Development, per County standards, during Phase I of development for the west side of Forest Road and during Phase III of development for the east side of Forest Road. g. Participation of up to 50%, as determined by Maricopa County Department of Transportation, for possible future signalization of entrance road at Forest Road. Participation is to be bonded for as long as two (2) years after completion of the project. h. Coordination with the County Parks and Recreation and Transportation Departments in the provision of a hiking and riding trail system to connect with the McDowell Regional Park and the Tonto National Forest. Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 8 of 12 i. The area of the Box Bar Ranch (Rio Verde Ranch), shall be surveyed by a qualified archaeologist and a report summarizing the findings shall be submitted to the State Historic Preservation Officer, prior to the approval of any plans for the development of that property. j. Deed restrictions shall state that grass or turfed areas at individual residences are prohibited. k. Firm Wash 10 and Firm Wash 11 as determined by the Tonto Verde Drainage Plan 1992, and associated vegetation shall be retained in their natural state. l. Golf course fairways will be replanted with as much native vegetation as possible. m. The irrigation system shall be of the type which keep over-spray, and wind drift to a minimum. n. Aquatic plants will be utilized in the lakes as a food source for wildlife. o. The use of potable groundwater in refilling lakes and irrigating the golf course is prohibited. p. A 100-foot natural desert buffer zone, along the west and south portion of Parcel 19, to an eight foot wall with a depressed compound area for the golf- maintenance facility shall be provided at the time of development of this area. q. A fifty (50) foot wide buffer of natural desert landscaping will be provided along Rio Verde Drive adjacent to the golf course or any residential land use. A four to five foot high wall or landscape berm shall undulate through this buffer. A combination of wall and berm is allowable to accomplish the intended four to five foot high screen. The golf course rough may encroach into the buffer area. r. A natural desert setback with an average width of fifty (50) feet shall be provided along Rio Verde Drive adjacent to the commercial site. s. Emergency access to Parcel 6 shall be provided and shown on subsequent development plans. t. Thirty (30) percent of the commercial site is to be left as natural desert/open space. u. The following MCESD condition shall apply: 1. Water and sewer service is determined to be provided by Rio Verde Utilities. MCESD has to receive and approve the improvement plans for the utilities. ATC must be issued before Final Plat acceptance. v. The following Engineering conditions shall apply: Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 9 of 12 1. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 2. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 3. Flow depths across N. Forest Road must comply with Table 6.7 of the Maricopa County Drainage Policies and Standards (for low water crossings). w. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. 22. Staff recommends the Commission motion for approval of Z2015035 subject to Conditional Zoning per Chapter 3 Article 304.6 of the Maricopa County Zoning Ordinance with conditions ‘a’ – ‘l’ for the following reasons: The zone change is in concert with the proposed amended land use categories of Neighborhood Retail Commercial and Medium Density Residential. Reviewing County agencies have no objections. Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled “Zone Change Request, Parcel 1, Tonto Verde Development Master Plan”, consisting of 7 pages which includes the zoning exhibit stamped received November 3, 2015, except as modified by the following conditions. The applicant shall submit a revised narrative within 30 days after BOS approval, removing the request to vary the lot area per dwelling unit standard. b. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase (if applicable), within which time the initial construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 10 of 12 approval of Z2015035 which details the status of this project, including progress on obtaining construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the final construction permits. c. The following R1-6 RUPD Zoning District standards shall apply: 1. Maximum Height: 30’ 2. Minimum Front Setback: 20’ 3. Minimum Side Setback: 5’ 4. Minimum Street Side Setback: 5’ 5. Minimum Rear Setback: 15’ 6. Minimum Lot Area: 4,500 sq. ft. 7. Minimum Lot Width: 50’ 8. Minimum Lot Area Per Dwelling Unit: 6,000 sq. ft. 9. Maximum Lot Coverage: 60% d. The following MCESD condition shall apply: 1. Water and sewer service is determined to be provided by Rio Verde Utilities. MCESD has to receive and approve the improvement plans for the utilities. Approval to construct must be issued before Final Plat acceptance. e. The following Engineering conditions shall apply: 1. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 2. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 3. Flow depths across N. Forest Road must comply with Table 6.7 of the Maricopa County Drainage Policies and Standards (for low water crossings). f. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 11 of 12 i. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. j. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). k. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. l. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. Presented by: Ray Banker, Planner Reviewed by: Matt Holm, AICP, Planning Supervisor Darren Gerard, AICP, Deputy Director Attachments: Case Maps (2 pages) Vicinity Maps (2 pages) DMP Land Use Exhibit (2 pages) DMP Narrative Report Executive Summary (9 pages) Rezone Exhibit (1 page) Rezone Narrative Report (7 pages) Engineering comments (5 pages) Environmental Comments (1 page) Arizona Game and Fish Department Memo (2 pages) Tonto Verde Association email (1 page) ADWR Email (1 page) Rio Verde Utilities “Will Serve” letter (1 page) Rio Verde Community Association support email (1 page) Tonto Verde Association & Tonto Verde Golf Club Opposition Memo (2 pages) Agenda Items: 2 & 3 – DMP2015003 & Z2015035 Page 12 of 12 ONE MARICOPA COUNTY STOP SHOP . ri-- --''' L' 1 J-- ,5 ;z- .T.. AI '''-, .,,,•_ -.-- .,-, ..- _ 1-'` ,' ,,-,A, .s, i st -4iiit vk ' '';114•51 _ , 10 Verde Dr '--- rliarre.1649=r----, ,.. ..,. 1 ..., `3 ., .V., ,. , 1 • 2i p -1.1-981 a 4 ' _ --* g r --..------ • ,, ,..,. .-.'4 - ...---) 219-14-91328- , .. 1-. , / . g-, , , - , .3.,..., - Application Name: Tonto Verde DMP - Parcel 1 Legal Description T5N RO7E 31 Applicant Applicant Phone/Email DAVID GULINO for LAND DEVELOPMENT SERVICE 602.330.5252 DGULINO@LOSERVICES.NET Case Address Parcel Primary: DMP2015003 219-14-981C Generated Nov 1,2015 9:51:41 AM Gross acres: 8.86 approx. Map scale: 1:3,600 Aerials Sep-Oct 2011 Supervisor District No. 2 CHANGE THE LAND USE DESIGNATION FROM MULTI-NEIGHBORHOOD COMMERCIAL TO NEIGHBORHOOD RETAIL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL FOR TONTO VERDE PARCEL 1. Maricopa County Planning & Development - Phoenix, AZ ONE MARICOPA COUNTY STOP SHOP Application Name: Tonto Verde Parcel 1 Legal Description TO5N RO7E 031,T5N R07E 31 Applicant Applicant Phone/Email DAVID GULINO for LAND DEVELOPMENT SERVICE LLC 602.330.5252 DGIJLINO@LDSRVICES.NET Z2015035 Case Address Parcel Primary: 219-14-981C 18701 E RIO VERDE Dr RIO VERDE AZ 85263 Generated Nov 3,2015 7:32:14 AM Gross acres: 8.85 approx. Map scale: 1:3,600 Aerials Sep-Oct 2011 Supervisor District No. 2 ZONE CHANGE FROM RU -190 TO C -1 & R1 -6 RUM Maricopa County Planning & Development - Phoenix, AZ ONE MAR1COPA COUNTY STOP SHOP Rio Verde Or ..i. , , 219-14481C 219-14-981B 4-962B NO NO Application Name: Tonto Verde DMP - Parcel 'I Legal Description T5N RO7E 31 Applicant Applicant Phone/Email DAVID GULINO for LAND DEVELOPMENT SERVICE 602.330.5252 DGULINO@LDSERVICES.NET Case Address Parcel Primary: DMP2015003 219-14-981C Generated Nov 1, 2015 9:51:52 AM Gross acres: 8.85 approx. Map scale: 1'3,600 Aerials Sep-Oct 2011 Supervisor District No. 2 CHANGE THE LAND USE DESIGNATION FROM MULTI-NEIGHBORHOOD COMMERCIAL TO NEIGHBORHOOD RETAIL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL FOR TONIC VERDE PARCEL 1. Maricopa County Planning & Development - Phoenix, AZ ONE MARICOPA COUNTY STOP SHOP Rio Verde Dr 6 I 1 1 1 I 1 2 1 --14-48:1C 1 r :1-0-14-9.818 1 1 1 r 1 I 21_9-44•1H020 ill • II Application Name: Tonto Verde Parcel 1 Legal Description TO5N RO7E 031,T5N ROTE 31 Applicant Applicant Phone/Email DAVID GULINO for LAND DEVELOPMENT SERVICE LLC 602.330.5252 DGULINO@LDSERVICES.NET Z2015035 Case Address Parcel Primary: 210-14-9810 18701 E RIO VERDE Dr RIO VERDE AZ 85263 Generated Nov 3, 20'15 7:32:35 AM Gross acres: 8.85 approx. Map scale: 1:3,600 Aerials Sep-Oct 2011 Supervisor District No. 2 ZONE CHANGE FROM RU-190 TO C-1 & R1-6 RUPD Mar/cope County Planning & Development - Phoenix, AZ vrtrd, Tonto Gr-1[ GREEYIPICKETT 40' 1, SCAIL Con'uterica 4 - Amendment ,r, / Drainag .borhod. ii:RU-..1190. Wash Plan Wash/. igh Existinq I Master Map Existing MOrri Features Wr Development Physical ...30rJutaelb.2073 d - A Hi - Exhibit Existin Verde Tonto 1 Parcel er VrJ Community idential ,47:1 34E1 CORNER FAST 41 47 2917.04061 WAY OP 63 WAY 19 FEEF; 51 FEET; 44 FEET; 53 091119 A 00150 19 OF DISTANCE 9.2 OF OF 53 OF OF Commercial & Commercial KETT DMP2015003 MarIcape. te.$0.,: AND 04000 FOLIOWS: THE 37 N 541411735 MINUTES RIGHT MINUTES OF OF OF MINUTES 76.00 MINUTES 736.61 MINUTF_S 0E132.44 MINUTES MINUTES RICHT A MINUTES RIGHT MINUTES RIGHT OLSTANCE Residential DESCRLPTION at TOWNSHIP 011.A 001410 40 WHICH SECTIO 43 OF SIDE 03 Rime" DISTANCE POINT 59 OF 15 OF 03 01 LINE 90900 59 50671 DRIVE 52 1.111i SO DISTANCE WEST A OF Retail Ccu,1yF Data/bee 31. THE OF MERIDIAN. THESOUTHEAST FROM SAID 02 0440.117101 DEGREE DISTANCE WEST DEGREES 7149 A DEGREES DISTANCE DEGREES DISTANCE DEGRES DISTANCE DEGFROTS 14E50514 RIO OF FEE' DEGREES 1410 000900.5 THE A DEGREESIS THE ROAS). POINT U$e: NUMBER: 1he SECTION EAST 510091690 AT CF DEGREES 44 A THE ROAD: 00 ALONG ROAD, THETRLIF A 47 A 75 A 35 TO UNE 59 ALONG VERDE 06 ALONG VERDE, 00 ALONG FOREST TRUE Use: Neighborhood Density LEGAL 04092194 Arlsona, OF 7 4400 SECTIONS] 0091400 00 WEST NORM WEST.. ON OFFOREST NORTH WEST FOREST TO 09 NORTH WTM-T, NORTH WEST. NORTH WEST. NORTH WEST WAY DI0TA40E0F118321 SOL751 EAST RIO F SOUTH EAST RIO F SOSTRI EAST OF THE Land Land Neighborhood -417 1 1 GREEYIPIC of PART RANGE 04445 PARTICULARLY COMMECNING NORTH 109 POINT OF FEET BEGINNING: OF UNE 4020076194 UNE 527.0001971 LINE FEErro BEGINNING. Existing Multi Propsed Medium SCALE CASE Real 31101e Pea NORA RIVER OFSAID 011440190 BEARS SECONDS T410 SECONDS A TO 01149 THENCE SECONDS LINE 2357.27 MINCE SECONDS THENCE SECONDS THENCE SECONDS THENCE SECONDS RIGHT SPENCE SECONDS WAY OF THENCE SECONDS WAY THENCE SECONDS WAY 74.46 55' 55' a1 , N89.48'33B 75.05' Use 41 ]' Commerc Neighborhood: sob.= Land -i ,7-7.71r1Tr Commercial) 7.,eso = Amendment 1 alcna Relail (Exi:iling 50 FAR Mulli 2.93 • - (NRE.--,) Use Plan Jt=„!(-11-1bor-I-Dood \ Land Neighborhood cr...„ Commercial] Master Residential (Existing plan Du/Ac) Multi Use Land UNSH5N104,1.0111 Development - B (5.08 Ac. Exhibit Density Lots 5.92 - 31 Verde Medium (MDR) residential Tonto landscaping to 1 adjacent Parcel Desert 50 buffer 4A4'-rY 402.97' 1'1E9'55'13"E ROW -bc" April 2015 Revised May 1, 2015 Revised June 26, 2015 Revised September 24, 2015 Revised October 20, 2015 Amendment To the Tonto Verde Development Master Plan DMP 92-02 DM P2015003 April 2015 Land Owner Desert Troon Limited, LLC Developer Desert Troon Limited, LLC Prepared by: Land Development Services Greey Pickett Contact Information David Gulino Land Development Services 7525 East Camelback Road. Suite 104 Scottsdale, AZ. 85251 (480) 946-5020 RECEIVED OCT 2 6 2015, I. Executive Summary The Tonto Verde Development Master Plan (701.7 acres) is a high quality desert adult community featuring 36-holes of golf, single-family houses, townhomes and multi-neighborhood commercial land uses. Tonto Verde is located in northeastern Maricopa County near the McDowell Mountain Regional Park between Fountain Hills and Scottsdale in the area commonly referred to as "Rio Verde". The Tonto Verde DMP was originally approved in 1992 under case DMP 92-2. It has been subsequently amended with the latest amendment in 1997 under case DMP 92-02(a). The 1997 amendment sought approval to construct three holes of golf on the Box Bar Ranch (Rio Verde Ranch) property, change the land use on Parcel 2, and approve new parcel delineations for parcels 20-30 to conform to the golf course routing. The 1997 amendment reduced the overall density from 1.51 DU/AC to 1.34 DU/AC. This proposed amendment to the Tonto Verde DMP is specific to Parcel 1. Parcel 1 is located on the north side of the Tonto Verde Development Master Plan at the southwest corner of Rio Verde Drive & Forest Road and was designated for Multi-Neighborhood Commercial (MNC) in the approved Tonto Verde DMP. The sole objective of this proposed amendment is to revise the designated land use of Parcel 1 to reduce the area of commercial land use. The subject application proposes to designate 2.93 acres as Neighborhood Retail Commercial to be in compliance with current Maricopa County Land Use Categories and change the balance of the parcel to Medium Density Residential (MDR), The owners strongly believe that developing the entire 8.85 acres of Parcel 1 into a commercial land use is not feasible and cannot be economically supported. Instead, their research indicates that reducing the commercial land use area to 2.93 acres is much more feasible for this location. In addition, the location of the commercial use is to remain at the northeast corner of parcel 1 adjacent to Rio Verde Drive and Forest Road thus allowing the opportunity to create a transition use of residential on the balance of the property for the golf course and existing residential to the south. Pursuant to a pending Preliminary Plat application, the commercial portion of Parcel 1 will be delineated as a separate tract within this plat. The proposition of Medium Density Residential for the balance of the site is an appropriate use given its proximity to Rio Verde Drive, Forest Road and the commercial. Plus it is an excellent transition and buffer between the existing golf course and residential to the south. Tonto Verde Development Master Plan Amendment — Narrative Report 1 II. Location Description The Tonto Verde Development Master Plan (701.7 acres) is a high quality desert adult community featuring 36-holes of golf, single-family houses, townhomes and multi-neighborhood commercial land uses. Tonto Verde is located in northeastern Maricopa County near the McDowell Mountain Regional Park between Fountain Hills and Scottsdale in the area commonly referred to as "Rio Verde" (Please See "Vicinity Map"). Parcel 1 is an 8.85 acre parcel located on the north side of the Tonto Verde Master Plan at the southwest corner of Rio Verde Drive and Forest Road. III. Site Analysis The site is vacant undeveloped desert. Existing vegetation is typical of the surrounding area. A handful of drainage washes traverse the property, conveying storm water runoff across the site. The site is generally flat, and void of any boulder outcroppings, hillsides or mountainous terrain. The site is not encumbered by any easements or utilities, and is bound by existing road rights- of-way to the north and east. Please see exhibit A — "Physical Features" for a map of the property showing all physical features, and any easements and rights- of-way. Parcel 1 is an 8.85 acre parcel that has been designated as a Multi- Neighborhood Commercial parcel in the approved Tonto Verde DMP. The underlying zoning is RU-190. Please see Exhibit B — "Land Use Plan" for the proposed Land Use Map for Tonto Verde. As part of the original Development Master Plan (DMP 92-02), a series of maps were prepared addressing adjacent landowners, school districts existing schools, water districts and facilities, sewer districts and facilities, municipal boundaries, airports and related noise hazards, fire districts, facilities and response times, nearest Maricopa County substation, nearest Maricopa County Library, and proximity to large-scale employment centers. Given that this DMP Amendment does not alter any of that information, nor require any updates to that information, please refer back to the original Development Master Plan (DMP 92-02) document for more details regarding those items. Please see Exhibit C — "Parcel Context Map" for map of the site and the immediate adjacent properties indicating existing land use and zoning. Tonto Verde Development Master Plan Amendment — Narrative Report 2 Land Use The proposed DMP amendment is to revise the land use mix of the approved DMP by reducing the amount of commercial current designated for Parcel 1 from 8.85 acres to 2.93 acres, re-designating the resulting commercial area form MNC to NRC and designating the balance of the parcel as Medium Density Residential (MDR). 8.85 acres of commercial land use is too large for this location and cannot be economically supported. By reducing the commercial land use area to 2.93 acres, a much more viable and useful commercial development can be created. The proposed land use designation of Medium Density Residential (MDR) for the 5.92 acres outside the proposed 2.93 acre commercial parcel provides an excellent transitional use between the proposed commercial use and the existing golf and single family uses to the south. The anticipated residential use will be single family homes. The site plan proposed with the associated zoning and preliminary plat applications request 30 lots on 5.92 acres (5.06 DU/Gross Residential AC) at a general dimension of 50-feet by 90-feet. This proposed amendment will modify the overall Land Use as follows- Current* Pronosed Area Density Area Density (Ac) (DU/Ac) Units (Ac) (DU/Ac) Units Single Family 301.0 2.0 602 306.92 2.06 632 Townhouse 67.3 5.0 336 67.3 5.0 336 Commercial 8.85 NA NA 2.93 NA NA Open Space/GC 324.8 NA NA 324.8 NA NA 701.95 1.34 938 701.95 1.38 968 *Approved DMP Amendment 92 -2(a), July 10, 1997 A revised overall Land Use Summary Table at the end of this narrative. Note that the currently approved DMP indicates that Parcel 1 is 8.5 acres. A subsequent survey and the County Assessor map indicates that the parcel is actually 8.85 acres. Community Services Anticipated community services are discussed in detail in the approved Development Master Plan for the Tonto Verde Community (DMP 92-02). Water and Sewer are provided by Rio Verde Utilities. Power is provided by SRP, police and public safety are provided by the Maricopa County Sheriff's Department, and Fire and Emergency Services are provided by Rio Verde Fire Department. The site is not located within any School District. Tonto Verde Development Master Plan Amendment — Narrative Report 7 Phasing The phasing for Tonto Verde Parcel 1 has not yet been determined, however the residential or commercial area may be developed independently depending on ownership and varying market conditions. Golf Courses There are no golf courses proposed as a part of this development plan. However, the existing Tonto Verde Golf Course borders the property to the west. Maintenance Since Parcel 1 is part of the Tonto Verde Master Plan, maintenance of the common areas, roadways and drainage easements will be accomplished through the established Tonto Verde Home Owners Association. The residential portion of Parcel 1 of the Tonto Verde Master Plan is planned to be a private community, gated from the public. The commercial area will be maintained by the landowner of the commercial area. Landscaping Proposed landscaping within Parcel 1 will be consistent with the surrounding areas, including the existing Tonto Verde Master Planned Community. An emphasis will be placed on using native Sonoran Desert vegetation. Areas along the perimeter of the property may be enhanced to add to the scenic value of the adjacent roadways, and to help screen and buffer the development from the roadways. Lakes There are no lakes proposed as a part of this development plan. Circulation System The circulation system for the proposed development is very simplistic. The residential area will have its own internal roadway network consisting of local paved private residential streets, accessed from E. Rio Verde Drive and Forest Road. All internal streets will be private and meet Maricopa County Department of Transportation Standards and Specifications. The residential roads will not connect to, or provide access to the commercial area. The commercial are will have its own access points, which will be determined at the time of site plan submittal. Tonto Verde Development Master Plan Amendment — Narrative Report 8 Access to the property from neighboring areas is provided by E Rio Verde Drive and Forest Road. For more detailed information regarding the overall Tonto Verde Community circulation systems, please refer to the existing and approved Development Master Plan for Tonto Verde (DMP 92-02). Regional Transportation System The site is accessed by two regional roads, E. Rio Verde Road and Forest Road. For a more detailed analysis of the regional road network please refer to the existing and approved Development Master Plan for Tonto Verde (DMP 92-02). Drainage Plan Storm water runoff crosses the site through various small washes. The site is gently sloped from west to east. All drainage will enter and exit the property in the post development condition as it does in the pre-development condition and storm water retention will be provided on site in accordance with County standards. Domestic Water Water service for domestic use and fire protection will be provided by means of a proposed 8" water line that will loop around the site and connect to the existing 12" water mains in Rio Verde Drive and Forest Road. The 8" water line shall be installed along the proposed streets, from where water services for each lot will tap into the line as well as the new fire hydrants proposed in the development. Sanitary Sewer Sanitary sewer service for the development will be provided by a proposed 8" gravity sewer line that will run along the private streets. The 8" sewer line will connect to a proposed offsite gravity sewer main extension that will run north from the site entrance on Forest Road to the intersection of Forest Road and Rio Verde Drive, then east along the alignment of Rio Verde Drive and connect into an existing sanitary sewer manhole located at the northeastern corner of the Tonto Verde residential subdivision, east of Forest Road. IV. Plan Description The proposed use designation for the property is Neighborhood Retail Center and Single Family Medium Density Residential. The SFR lots will be located along the western and southern area of the property, adjacent to the existing golf course. The commercial will be located in the northeast corner of the property. The residential has been planned to take advantage of the surrounding views and abundant open space. The neighborhood roads and lots are planned and Tonto Verde Development Master Plan Amendment — Narrative Report 9 located specifically to accommodate drainage corridors that need to traverse the property. Ingress and egress to Parcel '1 will be from East Rio Verde Drive and Forest Road and will not impact the existing Tonto Verde Community. It is anticipated that the residential area will be gated and have private streets. The proposed plan will allow for a full access to the residential area from East Rio Verde Drive and egress only to Forest Road. The commercial area will have its own ingress and egress separate from the residential portion. There are three previously approved stipulations from the approved Tonto Verde DMP amendment 92-2. These stipulations address landscape buffers, desert setbacks, open space and lot coverage. Below are the stipulations, followed by certain exceptions and clarifications, and finally a legislative edit to the stipulations. The three stipulations are as follows: • Stipulation "q" requires a fifty (50) foot wide buffer of natural landscaping to be provided along Rio Verde adjacent to both the golf course or any residential land use. This stipulation also requires a 4-5 foot high undulating wall to be constructed within this buffer. • Stipulation "r" requires a natural desert setback with an average width of 50-feet to be provided along Rio Verde Drive adjacent to the commercial site. • Stipulation "t" requires that 30% of the commercial site to be left as natural desert/open space. Maximum building lot coverage is to not exceed twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet. These stipulations have been reviewed and met with the following exceptions and clarifications: • Stipulation "q" requires a fifty (50) foot wide buffer of natural landscaping to be provided along Rio Verde adjacent to both the golf course or any residential land use. This stipulation also requires a 4-5 foot high undulating wall to be constructed within this buffer. Exceptions and Clarifications: o Natural Landscaping means existing or restored landscaping due to construction that reflects the character of the natural landscape found on the property. o A landscaped berm, or combination of a wall and landscaped berm, may be utilized in lieu of the 4-5 foot high undulating wall provided Tonto Verde Development Master Plan Amendment — Narrative Report 10 that the berm or combination of berm/wall be 4-5 feet in height as measured from existing grade. o A parcel access driveway is permitted within the buffer to provide access to the property from Rio Verde Drive into the residential development. • Stipulation "r" requires a natural desert setback with an average width of 50-feet to be provided along Rio Verde Drive adjacent to the commercial site. Exceptions and Clarifications: o Natural desert means existing or restored landscaping due to construction that reflects the character of the natural landscape found on the property. o A parcel access driveway is permitted within the setback to provide access to the property from Rio Verde Drive into the commercial development. • Stipulation "t" requires that 30% of the commercial site to be left as natural desert/open space. Maximum building lot coverage is to not exceed twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet. Exceptions and Clarifications: o Natural desert/open space means existing or restored landscaping due to construction that reflects the character of the natural landscape found on the property. o Lot coverage applies to enclosed covered conditioned spaces. As a result of the exceptions and clarifications to the stipulations, the following stipulations shall be amended to the following: DMP 92-2, stipulation "q"- A fifty (50) foot wide buffer of natural landscaping to be provided along Rio Verde adjacent to both the golf course and any residential land use. A four to five foot high wall or landscaped berm shall undulate through this buffer. A combination fo wall and berm is allowable to accomplish the intended four to five foot high screen. The golf course rough may encroach into the buffer area. DMP 92-2, stipulation at"- Tonto Verde Development Master Plan Amendment — Narrative Report 11 Thirty (30) percent of the commercial site is to be left as natural desert/open space. Maximum building lot coverage shall not exceed thirty (30) twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet. V. Suitability Analysis Parcel 1 is an 8.5 acre parcel that has been designated on the Tonto Verde DMP as Multi-Neighborhood Commercial. 8.85 acres of commercial land use is too large for this location and cannot be economically supported. By reducing the commercial land use area to 2.93 acres and re-designating to Neighborhood Retail Center, a much more viable and useful commercial development can be created. In addition, the addition of Medium Density Residential for the balance of the site provides an excellent transition buffer between the commercial use, Rio Verde Drive and the existing golf course and residential to the south. For detailed information on the suitability analysis for the Tonto Verde Residential Golf Community, please refer to the existing and approved Tonto Verde Development Master Plan (DMP 92-02). Development Schedule The development of the residential area and commercial area will each be done in their entirety. The residential and commercial areas can each proceed independently without compromising utility service or accessibility to the other. The specific timing of each area will be a function of Market demand. Community Facilities and Services Localized pocket parks are anticipated within the residential portion for the exclusive use of the Parcel 1 residents. The primary amenity for this development will be the existing Tonto Verde Golf Club. Public Utilities and Services Currently water, sewer, and power services area are provided to the site and located in the roadways adjacent to the property. The proposed development will need to connect into these existing systems. Police and Fire Service are provided by the Maricopa Sheriffs Department and Rio Verde Fire Department respectively. Tonto Verde Development Master Pian Amendment — Narrative Report 12 SAO CORNER EAST 41 47 FEET WAY 53 WAY 19 FEET: SI FEET; 44 FEET: 5S THE A 19 OF DISTANCE 02 OF OF 53 OF OF Morcopu. follows: 5 AND MORE FOLLOWS: THE 31 MINUTES 2917.83 OF MINUTES OF OF MINUTES 75.00 MINUTES 79655 MINUTES 232.94 MINUTES OF DRIVE. MINUTES RIGHT MINUTES RIGHT MINUTES RIGHT DISTANCE 127 CKETT Z2015035 6r es TOWNSHIP GILA BEING WHICH SECTION MINUTES 41 OF RIGHT 03 RIGHT DISTANCE OF POINT 59 OF lb OF 03 OF 01 LINE VERDE 59 scarrk A 59 SOUTH DISTANCE CO WEST A OF DESCRIPTION County 55, THE OF AS SOUTHEAST FROM SAID 02 FEET; DEGREES DISTANCE SIDE DEGREES THE A TRUE DEGREES DISTANCE DEGREES DISTANCE DEGREES OLSTANCE DEGREES SCUM RIO rEki- DEGREES THE DRIVE, DEGREES THE A THE ROAD, POINT UE mam.i 80. I the Described SECTION EAST MER7DIAN, DESCRIBED INS 31 OF DEGREES 2445.11 WEST ROAD: ALONG ROAD, THE OF ALONG VERDE ALONG VERDE. DEGREES ALONG TR NUMBER: In AND AT CORNER 03 44 A THE 00 THE TO 89 A 47 A 75 A 35 TO LINE OFT133.21 as RIO 89 RIO Ce FOREST THE .4i7 LEGAL Arizona. OF DANCE? SECTION NORTH WEST NORTH WEST. ON FOREST NORTH WEST FOREST FEET NORTH WIEST. NORTH WeST, NORTH WEST. NORTH WEST WAY SOUTH EAST OF FEET: EAST OF EAST OF TO 1- E. properly Dl PART BASE PARTICULARLY COMME0NING SAID QUARTER SECONDS SECONDS POINT OF SECONDS OF BEGINNING: SECONDS SECONDS SECONDS SECONDS OF DISTANCE SECONDS LINE 405.30 THENCESOUTH SECONDS LINE FEED THENCESOUTH SECONDS LINE FEET BEGINNING. SCALE: E CASE Red Slate THAT NORTH, RIVER OF BEARS THENCE A TO LINE THENCE LINE 2357.87 THENCE THENCE THENCE THENCE EIG141 THENCE WAY CV WAY 557.CD WAY 749.95 R .AS'33"E • rcial) If489 .setback comr-e-c:al Desert C- Comm nilorg Ac.). roposed 2.93 Application Neighborhood Zoning -CC 6' 2 5 RU-190 Existing Change 02' iu ...•55 .8952 • RUPD Residential) Zone Plan Site - Ac. R1-6 Verde RD 5.92 ..YERDE Proposed (Single-Family Tonto RIO 1 • •:" residential Parcel lanascapind to .71 adjacent lonin Desert buffer 50 feet feet sq. sq. feet 3"E Standards 30' 20' 5 ' 5 ' 15' 4,500 50 4,500 60% 402.97' Unit: N89.55'1 RUPD Height: setback: per Coverage: R1.6 Building setback: setback: side setback: Area: Width: Area Lot Lot Lot Lot Proposed Max Front Side Corner Rear Min. Min. Min. Max Zoning feet feet 0 sq. sq. feet 30' 20' ' 5 10' 25' 6,000 60 6,000 50% Standards Unit: Cade Height: setback: per Coverage: Zoning Building setback: setback: side setback: Area: Width: Area Lot Lot Lot Lot R1-6 Max Front Side Comer Bear Min. Min. Min. Max. April 2015 Revised May 1,2015 Revised June 26, 2015 Revised September 24, 2015 Revised November 3, 2015 Zone Change Request Parcel 1, Tonto Verde Development Master Plan Z2015035 April 2015 Land Owner & Developer Desert Troon Limited, LLC Prepared by: Land Development Services Greey Pickett Contact Information David Gulino Land Development Services 7525 East Camelback Road. Suite 104 Scottsdale, AZ. 85251 (480) 946-5020 RECEPVED 3 2015 1111174= LAND DEVELOPMENT SERVFCES 1 Parcel 1, Tonto Verde DMP — Rezoning Narrative Report Purpose of Request The purpose of this request is to seek approval for zoning on Parcel 1 of the Tonto Verde Development Master Plan. Parcel 1 is an 8.85 acre parcel of land located at the southwest corner of Rio Verde drive and forest Road where the underlying zoning is RU-190. Parcel 1 is currently designated on the approved Tonto Verde DMP as a Multi- Neighborhood Commercial (MNC) parcel. Submitted concurrent with this rezoning request is a request to amend the Tonto Verde DMP to change the land use designation on Parcel 1 from MNC to a mix of single family Medium Density Residential (MDR) and Neighborhood Retail Center (NRC). The requested zoning change proposes 2.93 of the 8.85 acres be rezoned to C-1 (Neighborhood Commercial) and the remaining 5.92 acres be rezoned to R1-6 RUPD (Single-Family Residential with a Residential Unit Plan of Development overlay). The objective of this request is based on the owner's due diligence efforts that indicate developing the parcel entirely as a commercial use is not feasible for this location and would result in an "empty center". In addition, the owner/developer has learned through discussions with the Tonto Verde Home Owners' Association and nearby residents that the introduction of MDR on this parcel is highly desirable for the following reasons- • Reduces the commercial use to an appropriate size. • Establishes an appropriate transition buffer between Rio Verde Drive and the commercial use and the golf and residential uses to the south. • Provides housing unit choices which are in demand in the Tonto Verde Master Plan Description of Proposal The proposed use for the property is Neighborhood Commercial and Single Family Residential. The commercial parcel is planned to be approximately 2.93 acres and the residential will be approximately 5.92 acres. The residential is planned to be 30 single family homes. Home sites have been designed to take advantage of the surrounding views and abundant open space. The proposed residential is further screened from the golf course and existing homes by the abundant existing vegetation along the north side of the golf 2 Parcel 1, Tonto Verde DMP — Rezoning Narrative Report course plus a proposed 25-foot landscape buffer which will be located behind the southerly row of homes adjacent to the golf course. Amended standards are being requested for rear building setbacks, minimum lot width and minimum lot size. The amended development standards proposed for the residential portion of this development are to accomplish the construction of housing product that we feel best meets the current market conditions. The proposed amended standards will allow for the creation of 30 residential lots that are a minimum of 4,500 square feet (50 feet by 90 feet). In conjunction with this, we are requesting a reduction in the rear setback from 25 feet to 15 feet and lot coverage from 50 percent to 60 percent which will allow for residences that are commensurate with the community's expectation of homes between 1,600 square feet to 2,100 square feet. This wilI result in a neighborhood that is well suited to provide a transition between the commercial we have proposed at the corner of Rio Verde Drive and Forest Road and the existing golf and residential to the south as compared to developing the entire parcel as approved in the existing Tonto Verde Master Plan. The requested amended development standards are detailed in the following table. R1-6 Zoning Code Standards Proposed R1-6 RUPD Standards Max Building Height: 30' Max Building Height: 30' Front setback: 20' Front setback: 20' Side setback: 5' Side setback: 5' Corner side setback: 10' Corner Side Setback 5' Rear setback: 25' Rear setback: 15' Min. Lot Area: 6,000 sq. feet Min. Lot Area: 4,500 sq. feet Min. Lot Width: 60 feet Min. Lot Width: 50 feet Min. Lot Area per Unit:6,000 sq. feet Min. Lot Area per Unit: 4,500 sq. feet Max. Lot Coverage: 50% Max Lot Coverage: 60% There are three previously approved stipulations from the approved Tonto Verde DMP amendment 92-2. • Stipulation "q" requires a fifty (50) foot wide buffer of natural landscaping to be provided along Rio Verde adjacent to both the golf course or any residential land use. This stipulation also requires a 4-5 foot high undulating wall to be constructed within this buffer. • Stipulation "r" requires a natural desert setback with an average width of 50-feet to be provided along Rio Verde Drive adjacent to the commercial site. • Stipulations "t" requires that 30% of the commercial site to be left as natural desert/open space. Maximum building lot coverage is to not 3 Parcel 1, Tonto Verde DMP — Rezoning Narrative Report exceed twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet. These stipulations have been reviewed and met with the following exceptions and clarifications: • Stipulation "q" requires a fifty (50) foot wide buffer of natural landscaping to be provided along Rio Verde adjacent to both the golf course or any residential land use. This stipulation also requires a 4-5 foot high undulating wall to be constructed within this buffer. Exceptions and Clarifications: o Natural Landscaping means existing or restored landscaping due to construction that reflects the character of the natural landscape found on the property, o A landscaped berm, or combination of a wall and landscaped berm, may be utilized in lieu of the 4-5 foot high undulating wall provided that the berm or combination of berm/wall be 4-5 feet in height as measured from existing grade. o A parcel access driveway is permitted within the buffer to provide access to the property from Rio Verde Drive into the residential development. • Stipulation "r" requires a natural desert setback with an average width of 50-feet to be provided along Rio Verde Drive adjacent to the commercial site. Exceptions and Clarifications: o Natural desert means existing or restored landscaping due to construction that reflects the character of the natural landscape found on the property. o A parcel access driveway is permitted within the setback to provide access to the property from Rio Verde Drive into the commercial development. • Stipulation "C requires that 30% of the commercial site to be left as natural desert/open space. Maximum building lot coverage is to not exceed twenty (20) percent of the commercial site and building height shall not exceed thirty (30) feet, Exceptions and Clarifications: 4 Parcel 1, Tonto Verde DMP — Rezoning Narrative Report o Natural desert/open space means existing or restored landscaping due to construction that reflects the character of the natural landscape found on the property. o Lot coverage applies to enclosed covered conditioned spaces. In addition to the previously stated stipulations, the C-1 Zoning Code requires the following walls and screening standards: a. A solid wall, not less than six feet in height, shall be required along and adjacent to any side or rear property line abutting any rural or residential zone boundary, or any alley abutting such zone boundary at the time of development of the commercial property. Further, any access gates in said solid wall shall be constructed of view-obscuring material to provide effective screening. b. The perimeter of any portion of a site not adjacent to a rural or residential zone boundary upon which any outdoor use of a commercial nature is permitted shall be enclosed to a height of not less than six feet by building walls, walls or fences of any view-obscuring material. No outdoor commercial use or enclosure thereof shall encroach into any required setback area adjacent to any street, nor shall any storage products or materials exceed the height of any such enclosure. These requirements have been reviewed and will be met with the following exceptions: • A solid wall of not less than six feet shall be provided along the common property line between the proposed commercial and any residential lots. • A landscape buffer of 15-20 feet will be located on the commercial parcel along this same common property line. • The commercial site will not be enclosed by a six foot wall, fence, or combination thereof. Relationship to Surrounding Properties Tonto Verde is located in Maricopa County bounded by the Tonto National Forest to the north and the existing and built Tonto Verde master planned golf course community to the east, south, and west. The Tonto Verde community has a mixture of residential zoning from R-10 to R-3, along with thirty-six holes of golf. The residential neighborhood is proposed to surround the commercial parcel to provide an appropriate land use buffer to the golf course and adjacent Tonto Verde Community. 5 Parcel 1, Tonto Verde DMP — Rezoning Narrative Report Location and Accessibility Parcel 1 of Tonto Verde is located at the northeast corner of the master plan at the southwest corner of Rio Verde Road and Forest Road. The commercial area will have separate ingress and egress via driveways from Rio Verde Drive and Forest Road The length of the commercial parcel along both those frontages is 526' and 486' respectively thus providing sufficient room for ingress and egress in compliance with county standards. County standards require a minimum of 360' of spacing along arterials, and 250' on major collectors. The detailed driveway entrances will be identified in the site plan for this parcel when it is submitted for a Plan of Development approval. The property is bounded to the south and west by the existing Tonto Verde community. Golf is adjacent to the southern boundary of Parcel 1. Ingress and egress to Parcel 1 will be from East Rio Verde Drive and Forest Road and will not impact the existing Tonto Verde Community. It is anticipated that the residential area will be gated and have private streets. The proposed plan will allow for a full access to the residential area from East Rio Verde Drive and egress only to Forest Road. Circulation System The main entry to the residential area will be from Rio Verde Drive. A secondary access point featuring emergency access and neighborhood exit only will be located on Forest Road. Driveways for the commercial parcel will be direct to Rio Verde Drive and Forest Road. The specific location of driveways will be defined during the Plan of Development review for the site plan. It is anticipated that the residential area will be gated and have private streets. The proposed plan will allow for a full access to the residential area from East Rio Verde Drive and egress only to Forest Road. The commercial area will have its own ingress and egress separate from the residential portion. Streets within the residential area will be private and residential in character. A proposed typical cross-section is included on the Preliminary Plat. All lots within the residential neighborhood will have street frontage, and cul-de-sacs are proposed on dead end streets. There will be no access to the commercial site from the residential neighborhood. Development Schedule The development of the residential area and commercial area will each be done in their entirety. The residential and commercial areas can each proceed independently without compromising utility service or accessibility to the other. The specific timing of each area will be a function of Market demand. 6 Parcel 1, Tonto Verde DMP Rezoning Narrative Report Community Facilities and Amenities Localized pocket parks are anticipated within the residential portion for the exclusive use of the Parcel 1 residents. The primary amenity for this development will be the existing Tonto Verde Golf Club. Public Utilities and Services Parcel 1 is located within the certificated area for the Rio Verde Utility company for water and sewer service. The owner is currently in the approval process with the Central Arizona Groundwater Replenishment District (CAGRD) and Arizona Department of Water Resources (ADWR) to secure the 100-year assured water supply certificate required to subdivide this parcel. The proposed development will connect to existing facilities adjacent to the property. Electrical power is provided by the Salt River Project. Police service is provided by the Maricopa Sheriff's Department. Fire and emergency services are provided by the Rio Verde Fire Department. 7 Parcel 1, Tonto Verde DMP — Rezoning Narrative Report Maricopa County Planning & Development Department Engineering Plan Review Date: September 11, 2015 Larry Morden, P.E., LEED AP Planning & Development 501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Phoenix, Atizona 85008 Phone: (602) 372-0291 Development Fax: (602) 506 -8762 www.maricoaa.govtalannine Email address: Attn: Ray Banker, Planner, Planning & Development Services LawrenceMorden@mail.maricopa.gov From: Larry Morden, P.E., LEED AP, Plans Examiner Engineer, Planning & Development Services CC: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: DMP2015003 — Troon Tonto Verde (E2 Memo) I have reviewed the DMP application for the rezoning of Parcel 1 from commercial to residential and commercial date stamped August 12, 2015, for the Troon Tonto Verde development. RE-ZONE 1. Engineering Plan Review (Drainage, FCD & MCDOT) has no comment on the DMP (re-zoning) proposal. 2. Rio Verde Drive and N. Forest Road along the front of the subject premises is under the jurisdiction of MCDOT. Both roads appear to provide the required half-widths. 3. MCDOT Traffic Engineering has previously approved the Traffic Impact Study. 4. The site is not within a regulated Special Flood Hazard Area (SFHA) (Floodplain or Floodway). Regulated SFHAs are located immediately east of the site. This site was excluded from the study that delineated the SFHAs downstream of the property. FUTURE DEVELOPMENT STIPULATIONS 5. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 6. Any application for site development must include a grading and drainage plan prepared by a licensed civil engineer in accordance with Planning & Development Form 706 (Preliminary Plat Phase) & Forms 705 & 71213 (Final Plat & Building Permit Phase) found at: http://www.rnarico pa.gov/planning/Build ingServices/docs/bdf/Commercial D rainageClea rancePacket.pdf 7. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 8. Flow depths across N. Forest Road must comply with Table 6.7 of the Maricopa County Drainage Policies and Standards (for low water crossings). Please contact me if you have any questions. Maricopa County Planning & Development Department Date: August 21, 2015 Robert Ftdorka, P.E. Planning tk Development 501 North 446' Street, Suite 100 Memo To: Darren Gerard, Deputy Director, Department of Planning & Development Phoenix, Arizona 85008 Phone: (602) 506-7151 Fax: (602) 506-8762 Attn: Carol Hu, Planner, Planning & Development woimf.maricopa.gov/planning Email address: roberifedorka@mait.maricopagov From: Robert Fedorka, P.E., Drainage Engineering Supervisor, Planning and Development cc: Michael Norris, P.E., Drainage Engineering Manager, Planning and Development Subject: Z2015035 — Troon Tonto Verde Re-Zone (E2 Memo) I have reviewed the Re-Zone application for the rezoning of Parcel 1 from commercial to residential and commercial date stamped August 12, 2015, for the Troon Tonto Verde development. RE -ZONE 1. Engineering Plan Review (Drainage, FCD & MCDOT) has no comment on the DMP (re-zoning) proposal. 2. Rio Verde Drive and N. Forest Road along the front of the subject premises is under the jurisdiction of MCDOT. Both roads appear to provide the required 65 foot half-widths. 3. MCDOT Traffic Engineering has previously approved the Traffic Impact Study submitted with the application (see attached). 4. The site is not within a regulated Special Flood Hazard Area (SFHA) (Floodplain or Floodway). Regulated SFHAs are located immediately east of the site (note the floodway width along the western edge of pavement along N. Forest Road). FUTURE DEVELOPMENT STIPULATIONS 5. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. Page 2 of 2 6. Any application for site development must include a grading and drainage plan prepared by a licensed civil engineer in accordance with Planning & Development Form 706 (Preliminary Nat Phase) & Forms 705 & 712B (Final Plat & Building Permit Phase) found at: http://www.maricopa.gov/planning/Build ingServices/docs/pdf/CommerciaiD ra inageClea rancePacket.pdf 7. Any application for development must demonstrate that historic drainage inflow and outflow flows and characteristics will be maintained. 8. Flow depths across N. Forest Road must comply with Table 6.7 of the Maricopa County Drainage Policies and Standards (for low water crossings). Please contact me if you have any questions. DRAINAGE PLAN REVIEW REFERENCES: The Drainage Regulations are listed in Section 1205 of the Maricopa County Zoning Ordinance: http://www.maricopa.gov/planning/Resources/Ordinances/pdf/reforrn ordinance/Zoning% 200rdinance.pdfitpage=230 Maricopa County Drainage Policies and Standards Manual: http://fccl.maricopa.gov/clownloads/manualsholicies-standards- manual Draft20130107.pdf For Additional Information See: http://www.maricopa.gov/planning/BuildingServices/DrainageReviewRequest.aspx FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: http://fcd.maricopa.gov/downloads/permitting/floodplain reg book.pdf For Additional Information See: littp://www.fcd.maricopa.gov/ MCDOT REFERENCES Roadway Design Manual http://www.mcdot.maricopa.gov/technical/eng-manuals/RdwyDesgnManual-112513.pdf Maricopa County Resolution for ROW Permits http://www.mcdot.maricopa.gov/technical/eng-manuats/resolution-permits-row.pdf For Additional Information See: http://www.mcdot.maricopa.gov/ MCDOT -- TRAFFIC ENGINEERING REVIEW COMMENT SHEET 1 OF 1 Project Name: Tonto Verde Traffic Generation Statement Date: 5/512015 Location: SWC of Rio Verde Drive and Forest Road Reviewer: Yow-Shi Ho (506.8940) ..t=r File No.; elro 4- Z "Z0 .C, 5 IS' James Sargent (506.8678) Consultant: CivIech CONSULTANT CODE: Project No.: A = Will Comply B ,= Deleted Report Sealed By: John C. Willett Phone No: 480-659-4250 Fax: C = Consultant to Evaluate Item Page Consultant Number Number Comments Reply 1 8T REVIEW (TIS) Use CODE A B or C in Consultant: Please use the code and respond to each comment in the this column Consultant Reply Column. This sheet is for our record, please answer every next to every question and sign and date your acknowledgement or the plans will be comment, sent back to complete the process. Send back the marked-up plans and a new set of plans along with this comment sheet, Thank you for your cooperation. General Comments: This traffic generation statement is for the Tonto Verde development located on the SWC of Rio Verde Drive and Forest Road in the Rio Verde Community of Maricopa County. Both roads of the mentioned above are under MCDOT jurisdiction. The purpose of this statement is to determine the trip generation of the proposed rezoning is acceptable. Review Comments: No further comments. Tonto Verde Trip Generation Statement is approved. Signature: Date: 1:1DGMPLAN-REV120151Tonto Verde development traffic generation Z2015035.doc Maricopa County Environmental Services Department Water and Waste Management Division Planning Subdivision Program Infrastructure & DATE: August 20, 2015 1001 N. Central Avenue #150 Phoenix, Phone: (602) Arizona 506-1058 85004 TO: Raymond Banker, Planning 8t. Development Dept. Fax: (602) 506-5813 Planner TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Tonto Verde Parcel 1 DMP; DMP2015003 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a request for Development Master Plan (DMP) approval. Water and sewer service is determined to be provided by Rio Verde Utilities. MCESD has to receive and approve the improvement plans for the utilities. ATC must be issued before Final Plat Acceptance. The project is not in the Urbanized Unincorporated Area, and therefore, is not regulated by MCESD for stormwater quality. Based on the above, MCESD raised no objections to the Planning & Development Department in Accela on August 20, 2015 and will allow the project to proceed at this time subject to the following stipulations: Stipulations: Water and sewer service is determined to be provided by Rio Verde Utilities. MCESD has to receive and approve the improvement plans for the utilities. ATC must be issued before Final Plat Acceptance. It should be noted that several other Maricopa County agencies must review this project. Final approval authority for this project rests with the Maricopa County Board of Supervisors. GOVERNOR DouGiAs A. DUCEY THE STATE OF ARIZONA COMMISSIONERS CHAIRMAN, ROBERT E. MANSELL, WINSLOW GAME AND FISH DEPARTMENT KURT EDWARD R. DAVIS, "PAT" MADDEN, PRDFNi FLAGSTAFF 5000 W. CAREFREE HIGHWAY JAMES JAMES R. S. AMMONS, ZIELER, ST. YEIMA JOHNS PHoENIX, AZ 85086-5000 DIRECTOR (602) 942-3000 • WWW.AZGFDLOV LARRY D, VoyLEs Dvp wry DIRECTOR TV E. GRAY June 12, 2015 David Gulino Land Development Services 7525 East Carnelback Road, Suite 104 Scottsdale, AZ 85251 Re: Review of the Revised Land Use on Tonto Verde DMP Parcel 1 Dear Mr. Gulino: The Arizona Game and Fish Department (Department) reviewed your Project Evaluation Request information received on May 5, 2015, regarding the zoning change on the 8.5 acre Tonto Verde DMP Parcel 1 in Rio Verde, AZ. As seen on the Department's Heritage Data Management System (HDMS)'s On-Line Environmental Tool report generated for you on May 5, 2015 (enclosed), Sonoran desert tortoises (Gopherus morafkai), bald eagles (Haliaeetus leucocephalus), Yuma clapper rails (Rallus longirostris yumanensis), yellow-billed cuckoo (Coccyzus americanus) and their Designated Critical Habitat, desert pupfish (Cyprinodon macularius), and roundtail chub (Gila robusta) have been reported within a three mile radius of your proposed project. Based on the information provided, the Department has the following general recommendations: • At least 30 days prior to any ground disturbance, the Department recommends conducting a survey for Sonoran Desert tortoise in the parcel, in accordance with the Desert Tortoise Survey Guidelines for Environmental Consultants, to determine the presence/absence of this species. If tortoises are identified during the survey, refer to The Recommended Standard Mitigation Measures For Projects In Sonoran Desert Tortoise Habitat and Guidelines For Handling Sonoran Desert Tortoises Encountered On Development Projects. m urve GuidelinesForConsultants. df http://www .azgfd. go v/pdfs/w_c/tortois e/Miti gati onMeasures pdf http://www.azgfd. gov/hgis/pdfs/Tortoisehandlingguidelines.pdf • Breeding and wintering bald eagles (Haliaeetus leucocephalus), which are regulated under the Bald and Golden Eagle Protection Act (BGEPA), have been recorded within a ten mile radius of your project. If you are uncertain about the effects of your project to eagles, or if you anticipate your project will not be in compliance with the Eagle Act, the Department recommends you contact the U.S. Fish and Wildlife Service (USFWS) for their Technical Assistance. The USFWS will provide options to comply with the Eagle Act, such as conservation measures to avoid or minimize adverse effects to the eagles. AN EQUAL OPPORTUNITY REASONABLE ACGOIAMATioNs AGENCY Mr. David Gulino June 12,2015 2 • Minimize impacts to vegetation during project construction. Staging areas should be located in previously disturbed sites, and kept as small as possible. Implement erosion and drainage control measures during the project to prevent the introduction of sediment-laden runoff into adjacent surface waters, and to prevent impacts to surface water quality. Stabilize exposed soils, particularly on slopes, with native vegetation as soon as possible to prevent excess erosion. If proposed ground disturbance (both temporary and permanent), in areas with native vegetation, will meet or exceed 0.25 acre, please comply with the Arizona Native Plant Law (haps ://agri culture. az. gov/programs- and-services/nati ve-pl ants) regulations. Please determine if a Native Plant Inventory should be conducted to identify, record, and coordinate plant salvage efforts for species that are Protected under the Arizona Native Plant Law. In addition, the applicable land management agencies should be consulted regarding guidelines for revegetation efforts. • Minimize the potential introduction or spread of exotic invasive species. Precautions should be taken to wash all equipment utilized in the project activities before entering and leaving the site. Arizona has noxious weed regulations (Arizona Revised Statutes, Rules R3-4-244 and R3-4- 245); please see the Arizona Department of Agriculture website for prohibited and restricted noxious weeds. https ://agriculture . az. gov/r3 -4-244-regulated-and-restricted-noxious-weeds https ://agri culture . az. gov/r3 -4-245-prohibited-noxious-weeds The Department appreciates the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with the Revised Land Use on Tonto Verde DMP Parcel 1. If you have any questions regarding this letter, please contact me at (623) 236-7513, and visit our website for additional guidelines at httn://www.azafd.aov/hais/auidelines.asnx. Sincerely, Audrey K. Owens Project Evaluation Program Specialist, Habitat Branch Arizona Game and Fish Department cc: Laura Canaca, Project Evaluation Program Supervisor Kelly Wolff-Krauter, Habitat Program Manager, Region VI AGFD# M15-04280130 Raymond Banker - PLAN DEVX From: Steven Peterman <speterman@tontoverdeassociation.com > Sent: Tuesday, September 01, 2015 2:27 PM To: Raymond Banker - PLANDEVX Subject: RE: DMP2015003 & Z2015035 (Tonto Verde Parcel 1) Importance: High Follow Up Flag: Follow up Flag Status: Flagged Ray The Tonto Verde Association will not approve any building height limits that exceed 20 feet for either the residential application or the commercial zoning request. Please incorporate this into the County notes. Thank you Steven W Peterman, COO Tonto Verde Association 18401 El Circulo Drive Rio Verde, AZ 85263 (480) 471-2582 www.tontoverde.org From: Raymond Banker - PLANDEVX [mailto:RaymondBanker(amail.maricopa.gov ] Sent: Tuesday, September 01, 2015 2:20 PM To: undisclosed-recipients: Subject: DMP2015003 & 72015035 (Tonto Verde Parcel 1) Good afternoon, You are receiving this email as the above mentioned cases are in the area which you are considered an "Area of Interest". Attached are documents relating to the subject case (2 nd submittal documents). Please let me know if there are any questions or concerns. Sincerely, Ray Banker Planner Maricopa County Planning and Development Department 1 Raymond Banker - PLANDEVX From: Richard B. Obenshain <rbobenshain@azwater.gov > Sent: Tuesday, September 01, 2015 2:32 PM To: Raymond Banker - PLANDEVX Subject: RE: DMP2015003 & Z2015035 (Tonto Verde Parcel 1) Follow Up Flag: Follow up Flag Status: Flagged Thanks. We have had a conversation with the developer regarding this project. A Certificate of Assured Water Supply is required. The change in the number of proposed units does not adversely affect the available water supply- given the reduction in commercial acreage. Richard B. Obenshain, Manager Recharge, Assured & Adequate Water Supply Programs Water Planning Division Arizona Department of Water Resources 3550 N. Central Ave., 2nd Floor Phoenix, AZ 85012 Phone: (602)771-8622 Fax: (602)771-8689 PROTECTING. ARIZONA% WATaft SUPPLIES fir EIS NEXT .0tIOURY From: Raymond Banker PLANDEVX [mailto:RaymondBanker@mail.maricopa.gov] Sent: Tuesday, September 01, 2015 2:20 PM Subject: DMP2015003 & Z2015035 (Tonto Verde Parcel 1) Good afternoon, You are receiving this email as the above mentioned cases are in the area which you are considered an "Area of Interest". Attached are documents relating to the subject case (2 rid submittal documents). Please let me know if there are any questions or concerns. Sincerely, Ray Banker Planner Marieopa County Planning and Development Department 1 UTILITIES, INC. September 21,2015 Troon Tonto Verde-Parcel 1 Re: Will Serve Letter To whom it may concern: This letter serves. as verification that Rio Verde Utilities, Inc. (RVUI) wilt provide water and sewer service to the following location: Parcel 219-141,9$1C known o 'from Tonto Verde-Pareel 1 Should you have any further questions regarding this matter, please feel free to call me at (480) 471-2728. Sincerely, Michael Klerninsid General Manager Rio Verde Utilities, inc. RECEIVED SEP 22 20Ii 25609 N. Danny Lane, Suite 1 Rio Verde, Arizona 85263-7139 Operations — (480) 471-2728 'Plant — (480) 471-2609 Accounting — (480) 471-7247 ' FAX — (480) 471 -7636 Raymond Banker - PLANDEVX From: Doris Findling <doris@rioverdehoa.org > Sent: Wednesday, September 16, 2015 8:14 AM To: Raymond Banker - PLANDEVX Subject: Tonto Verde Parcel 1 Follow Up Flag: Follow up Flag Status: Flagged Dear Mr. Banks, The Rio Verde Community Association would like to share with you the status of our ongoing discussions with Troon regarding their pending cases for Parcel 1 within our neighboring Tonto Verde Community. The feedback we have received from residents regarding their application has been extremely positive. There is considerable support of their plans to add additional commercial/residentiai use to a size that is appropriate for the area. Our recent community survey showed a high demand for wanting a small market, gas sales, and health care services close by. Please do all you can to approve this request as soon as possible so that they may move forward with development. In addition, we support any means that may be available to expedite the development of the parcel. Best Regards, Doris Findling Executive Director Rio Verde Community Association 18816 Four Peaks Blvd. Rio Verde, AZ 85263 Phone (480)471-2068 Fax (480)471-9059 rvcadoris@cox.net i. November 6, 2015 Mr, Raymond Banker Principal Planner Maricopa County Planning and Zoning 501 N 44th Street, Suite 200 Phoenix, AZ 85008 Sent by E-mail and U. S Postal Service Regular mail RE: DIVIP 2015003 & 22015035 PARCEL tt: 219-14-981C Dear Mr. Banker, Please accept this letter as the official response of the Tonto Verde Golf Club, Inc. and the Tonto Verde Association to the above zoning case. After careful review of the proposed zoning request case as submitted on behalf of Desert Troon LTD, LLC, by Land Development Services, respectfully the Tonto Verde Golf Club, Inc. and the Tonto Verde Association are herein officially in opposition of the C-1 CUPD proposed zoning application. Certain aspects of the C-1 zoning could be found objectionable by the residents of the community and the Tonto Verde Golf Club members and guests, should a use of the commercial parcel include such businesses as a gasoline service station, automobile parts and supply facilities, arcades, day nurseries and nursery schools, gun shops and/or liquor stores. These types of businesses may be perceived to be 'out of character' with an age restricted community such as Tonto Verde and Rio Verde. Additionally, the Parcel falls under the general governance of the Tonto Verde Association a nd its guidelines for development. The C-1 CUPD zoning allows for 30 foot height limitations, whereas the Tonto Verde Association Design Guidelines restrict a Developer to a 22 foot height limit, from finished floor grade. RECEIVED NOV 06 2015 18401 El Ciroulo Drive I Rio Verde, AZ 85263 Phone: 480.471.25821 www,TontoVerde.org Furthermore, drainage within this Parcel, remains a concern for the Tonto Verde Golf Club, Inc, as historical water flows from this parcel have caused flooding and damage to the number 11 golf hole that is parallel to Forest Road to the east of the applicants parcel. The proposed retention basins within Parcel 1 may not be adequate to retain a heavy flow that usually occurs on the south side of Rio Verde Drive. The Tonto Verde Association intends to be present at the November 19, 2015 zoning hearing to represent the community's objection to the applicant's request. For additional information, please contact the Associations general manager, Steven Peterman, at 480-471-2582 Thank you, Respectfully, Tonto Verde Association Scott Thiss, President onto Verde Golf Club, Inc. Cc: DESERT TROON LTD., LLC 17207 N PERIMETER DRIVE, #200 SCOTTSDALE, AZ 85255 Cc: DAVID GULINO LAND DEVELOPMENT SERVICES 7525 E. CAIVIELBACK RD., STE 104 SCOTTSDALE, AZ 85251 Tonto er November 18, 2015 Maricopa County Zoning Commissioners The Tonto Verde Association and the Tonto Verde Golf Club, Inc. recently sent a letter to Staff regarding the zoning case and conveyed our concerns with the types of business purposes that the zoning allows, the potential for surface water to run across Forest Road and the lack of acknowledgement that the Parcel was within the Tonto Verde community and the CC&R's and Design guidelines prevail over the property. On November 13, 2015, the Association officers met with Jon Coulter, the VP of Desert Troon, to express the concerns of the community regarding the types of businesses that might be interested in the commercial parcel. Mr. Coulter was forthright with the group and agreed that certain business uses would be uncharacteristic for the community. Such businesses that were found objectionable were: • Gasoline Stations with a C-Store that sells cigarettes, beer and hot dogs with a variety of 'racetrack' gas pumps under a 30 foot canopy, • Gun Shops, • Automobile repair facilities, • Liquor Stores or • Arcades. Since the Tonto Verde community is essentially a 'bedroom community' for active adults, such businesses as below would be welcome: • Health care facility, • Hair and nail facility, • Spa and wellness facility • A Country store, • Bank, • Office space for investment advisors, • Other low key types of service oriented businesses. 18401 El Circulo Drivel Rio Verde, AZ 85263 Phone: 480.471.25821 www.TontoVerde.org While Mr. Coulter indicated that he also agreed that some of the above businesses would not fit into the community, the Association strongly and respectfully recommends that no zoning changes or variance be granted until the Association receives, in writing, agreement and concurrence from Desert Troon to the following: 1) the types of business uses that would be developed align with the above list and/or be subject to approval by the Tonto Verde Association; 2) that all water retention and run-off plans be fully certified to ensure no negative impact to the golf courses, residences, or open lots; 3) that all structures conform to the Tonto Verde Association CC&Rs and be subject to approval by the TVA Architectural Review Committee, and 4) acknowledgement is provided by Desert Troon that they understand the TVA property assessment rights and all development within that parcel will be subject to those rights. The community is not opposed to the residential zoning or the commercial zoning, so long as the above mentioned reasonable assurances can be obtained regarding the uses of both the residential and the commercial Parcels. Thank you