DMP2013005 & Z2013093 EXTRACTS 12-12-2013 DRAFT P&Z MINUTES.PDF

DMP2013005/Zoning Z2013093: District 2
Applicant: Tiffany & Bosco, PA for Vista Verde 2013, LLC
Location: Approx. at the northeast corner of Rio Verde Dr. and 172nd St. (in
the Rio Verde area)
Request: Major Amendment to the Vista Verde Development Master Plan
(DMP) (Approx. 857 acres) – Vista Verde; and Zone Change for
Vista Verde from R1-10, R-3, RU-43 and C-2 CUPD to R1-6 RUPD
PAD, R-3 RUPD PAD and C-2 CUPD PAD (Approx. 857 acres) –
Vista Verde
Ms. Applegate presented the above cases. Agenda items 3 and 4 were presented
together and will require two separate motions for the Vista Verde development
master plan amendment and zone change. The subject site consists of
approximately 857 acres and is located at the northeast corner of Rio Verde Dr. and
172nd St. in the Rio Verde area. The requests are to amend land uses and zoning for
the remaining development phases. The requests do not alter the existing land uses
or zoning within Vista Verde unit 1.
The amendment would allow for ‘Small Lot Residential’ and ‘Medium Density
Residential’, ‘Commercial Retail Center’ and ‘Recreational Open Space’; the
density would change to 1.7 d.u./ac. with a maximum of 1,460 units.
The zone change includes a request to rezone to R1-6 RUPD, R-3 RUPD and C-2
CUPD with a Planned Area Development Overlay. The applicant intends to
commence with platting to restart development of the planned community. The
commercial parcel would be expanded to accommodate a community center
and pro golf shop.
The single family proposed with the R1-6 RUPD would allow for a reduced lot width,
the R-3 RUPD would allow developers with the option to develop with single family or
an attached townhome product. The C-2 CUPD would allow relief for screening and
to correct parking ratios.
The requirements for the Citizen Review Process have been met. The applicant
conducted several outreach meetings with the Rio Verde Fire Department, Tonto
Verde and Rio Verde Homeowners Associations, and with various area residents.
Staff has received a total of 6 letters in support with 5 letters in opposition, included
with the staff reports and provided as handouts.
The allocation of land uses and zoning would allow for commencement of platting
to accommodate current and future housing needs. Staff believes the increase in
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
Case Number: DMP2013005 / Z2013093 – Vista Verde
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density and the proposed zoning is similar to the existing Tonto Verde and Rio Verde
master planned communities.
Water and wastewater services are provided by Rio Verde Services. Fire service is
provided by Rio Verde Fire District and has indicated support for the applications.
The DMP would need to include revised condition “j.1” to include additional
language to specify ‘in a designated floodplain’ - a handout has been provided
with the revised condition language.
Staff recommends the Commission motion for approval of DMP2013005 with
conditions “a” – “k” as listed in paragraph 13 with the additional language as
amended by staff to “j.1”
Staff also recommends the Commission motion for approval of Z2013093 with
conditions “a” – “t” as listed in paragraph 29 of the staff report.
Chairman Deutsch asked if the applicant was present and if there were any
members of the public who wished to speak.
Mr. Bill Lally of Tiffany & Bosco, PA, representing the new owners of Vista Verde,
advised the request today is an amendment of a 13 year long DMP but the entire
project was never zoned. Mr. Lally presented slides to show the golf course, built in
the first phase, as well as the majority of the northern and eastern boundaries are
BLM land and they are committed to maintaining the rural access to that forest
land.
Mr. Lally explained that Vista Verde has always been planned as the 3rd phase of
development for this area, behind Rio Verde and Tonto Verde, as those two
communities are nearing build-out completion. There are already two homes built in
this development and the two home owners have submitted letters of support for
Vista Verde. The proposed land use here is similar to the approved developments of
the two adjacent communities and the new owners have reduced the golf course
by nine holes and elongated the C-2 area to provide expanded amenities for the
golf course and foster community spirit. There will be two access points; the main
access which exists today and the secondary access point will be created during
the first phase of this project.
The Maricopa County outreach requirements have been met and exceeded by
reaching out to neighbors further than the required 300 ft., including fire districts and
HOAs. Mr. Lally advised that they have received several letters of support from
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
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members of all the surrounding communities as well as a will serve letter from the
utility company for water service, so there will be no impact on existing wells.
Chairman Deutsch asked if Mr. Lally agrees with the stipulations recommended by
staff and he responded yes. Commissioner Aster asked if Dynamite Rd. is scheduled
for four-lane traffic in the future and Mr. Gerald Toscano of MCDOT advised that it is
planned to accommodate projected future traffic concerns.
Commissioner Michael Johnson asked what the overall growth density is for the
other two communities and if 1.7 is the overall density for Vista Verde. Mr. Lally
explained that although historically it has been 1.5, they are asking to increase to 1.7
which still allows them to maintain 40% open space. Commissioner Muller asked if
Mr. Lally would object to reducing the density to 1.5 to keep in line with the other
communities and Mr. Lally advised that based on extensive research of successful
planned communities combined with amenities-based surveys to residents and
developers, yes, they would object to lowering the density to 1.5.
David Voita, property owner of lot 180 at Vista Verde, has a vested and financial
interest in the community and he is very pleased with the project’s commitment and
designation as a high-end community. However Mr. Voita is opposed to the re-
zoning request which will create postage stamp sized lots versus the originally
planned larger lots that are more attractive to buyers. Mr. Voita feels the new
owners of Vista Verde are proposing to change the approved design which will
change the whole complexion of the community and is not consistent with the
standards of high-end living. Mr. Voita would like the Board to recommend the
owners of Vista Verde adhere to the original accepted proposal.
Mr. Lally clarified that Mr. Voita lives in phase 1 which was originally zoned as R1-10,
then transitioned to an R1-18, and when talking about land density, the owners are
trying to establish flexibility for future growth of a successful community, which is
based on consumer demand. Vista Verde is an age-targeted community which
most likely be populated with 10% families and 90% retirees, as is the case in nearby
communities.
Commissioner Hiatt asked what the smallest lot allowed now is and Mr. Lally advised
R1-10 is currently the smallest and R1-6 is the proposed smallest lot; in fact there are
currently R-3 lots approved in 2012, such as for townhomes. Commissioner Barney
questioned the current density versus the proposed and Mr. Lally explained that
currently it is 850 acres, at one unit per acre, and the proposed density will contain
1460 units.
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
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William Bailey, area resident, asked if it has been determined if the proposed density
will impact the adjacent aquifers, such as those serving the individual homes and
ranches up-slope from the planned community. Mr. Darren Gerard advised the
requirement prior to any subdivision plat is for a 100 year assured water supply.
The commissioners discussed the merits of 1.7 versus 1.5 density factor in order to
move forward.
COMMISSION ACTION: Commissioner Barney moved to recommend approval of
DMP2013005 in accordance conditions “a” through “k” including revisions to “j.1”;
Commissioner Hiatt seconded the motion which passed with a vote of 9-1;
Commissioner Muller opposed.
a. Development shall comply with the Development Master Plan
document entitled, “Development Master Plan Amendment Vista
Verde DMP2013005”, a document, dated revised October 25, 2013,
and stamped received November 22, 2013, including all exhibits,
maps, and appendices, except as modified by the following
conditions.
b. Changes to the Vista Verde Development Master Plan with regard to
use and intensity, or changes to any of the conditions approved by
the Maricopa County Board of Supervisors, shall be processed as a
revised application with approval by the Board of Supervisors, shall be
processed as a revised application with approval by the Board of
Supervisors upon recommendation by the Maricopa County Planning
and Zoning Commission. Revised applications shall be in accordance
with the applicable Development Master plan Guidelines, subdivision
regulations, and zoning ordinance in effect at the time of
application(s) submission. The Maricopa County Planning and
Development Department may approve minor changes
administratively as outlined in the Maricopa County Development
Master Plan Guidelines in effect at the time of amendment. Non-
compliance with the approved Vista Verde Development Master Plan
narrative report, maps, and exhibits, or the Conditions of approval will
be treated as a violation in accordance with the provisions of the
Maricopa County Zoning Ordinance.
c. All conditions of approval shall remain in effect in the event of a
change in the name of the Vista Verde Development Master Plan.
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
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d. The master developer shall be responsible for the construction of all
public and private on-site roads within the Vista Verde Development
Master Plan. Further, the Vista Verde homeowners association shall be
responsible for the maintenance and upkeep of all private roads,
public open spaces and facilities, washes, parks, roadway median
landscaping, landscaping with public rights-of-way, and all pedestrian,
bicycle, and multi-use paths.
e. Common open space areas shall maintain compliance with all
Arizona Department of Water Resources regulations.
f. The Vista Verde Development Master Plan shall be developed
sequentially as depicted on the phasing diagram contained in the
Vista Verde Development Master Plan narrative report. The Planning
and Development Department may approve alterations to the
phasing diagram and/or phasing order if all infrastructure, drainage
and public safety requirements are met.
g. The total number of residential dwelling units for the Vista Verde
Development Master Plan shall not exceed 1,460 dwelling units. To
help ensure compliance, the cumulative number of dwelling units
completed to date, in relation to the identified limit, shall be identified
on all plats.
h. Not less than 332 acres shall be reserved for Recreational Open Space
(ROS) land use (Golf Course and washes).
i. The following Drainage Review conditions shall apply:
1. A drainage waiver in accordance with Maricopa County
Zoning Ordinance § 1205.6 – Drainage Waiver is required for any
reduction in stormwater retention requirements.
2. Drainage review of planning and/or zoning cases is for
conceptual design only and does not represent final design
approval nor shall it entitle applicants to future designs that are
not in conformance with Section 1205 of the Maricopa County
Zoning Ordinance and the Maricopa County Drainage Policies
and Standards.
3. All development and engineering design shall be in
conformance with Section 1205 of the Maricopa County Zoning
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
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Ordinance and current engineering policies, standards, and
practices at the time of application for construction.
j. The following Flood Control District conditions shall apply:
1. Prior to any development and approval of a building permit, a
Floodplain Use Permit must be obtained from the Floodplain
Management and Services Division of the Flood Control District.
k. The property owner and their successors waive claim for diminution in
value if the County takes action to rescind approval of this
Development Master Plan due to noncompliance with any of the
approved conditions.
COMMISSION ACTION: Commissioner Barney moved to recommend approval of
Z2013093 in accordance conditions “a” through “t”; Commissioner Hiatt seconded
the motion which passed with a vote of 9-1; Commissioner Muller opposed.
a. Development and use of the site shall comply with the Development
Master Plan entitled “Development Master Plan Vista Verde”,
consisting of 23 pages, 10 exhibits and one large scale (24” x 36”) plan,
dated (revised) February 2001, and stamped received February 26,
2001, except as modified by the following stipulations.
b. Dedication of additional rights-of-way to bring the total half-width
dedication to 40' for 172nd Street shall be a condition of zoning
approval for this development.
c. The applicant shall provide ultimate half-street improvements along
perimeter streets to Maricopa County Department of Transportation
standards.
d. The applicant shall provide a golf cart circulation study as
recommended by the Maricopa County Department of Transportation
prior to zoning approval.
e. Access points and median openings on all arterial streets shall be
consistent with the recommendations of the Maricopa County
Department of Transportation.
f. An archaeological survey of the subject property shall be conducted,
prior to filing the first preliminary plat, to locate and evaluate cultural
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
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resources that might be present.
g. The applicant shall submit comprehensive water and wastewater
master plans, prepared in accordance with the appropriate Arizona
Department of Environmental Quality engineering bulletins for review
and approval prior to subdivision final plat and/or water and sewer
improvement plan submittals as listed on the Department of
Environmental Services memorandum dated March 15, 2000.
h. The applicant shall comply with the requirements of the Flood Control
District as outlined in the memorandum dated December 7, 2000.
i. The total number of dwelling units for the Vista Verde Development
Master Plan shall not exceed 842 unless modification approval is
provided by the Maricopa County Board of Supervisors.
j. The developer shall be responsible for construction of all public and
private on-site roadways within the designated Vista Verde
boundaries. Further, the homeowners association shall be responsible
for the maintenance of all private roads, public open spaces and
facilities, washes, parks, roadway median landscaping, landscaping
within the public right-of-way adjacent to all major and minor arterial
roadways, and of pedestrian, bicycle, and multi-use pathways.
k. Any alteration of existing natural washes shall be done in compliance
with the rules and guidelines set forth by the United States Army Corps
of Engineers.
l. Prior to the submittal of each preliminary plat, developer shall provide
a “will serve” letter from Salt River Project. Developer may submit a “will
serve” letter from a different qualified public or private utility in place
of the Salt River Project upon approval by the Maricopa County
Planning and Development Department.
m. Prior to the submittal of each preliminary plat, developer shall provide
a “will serve” letter from Rural/Metro Corporation. Developer may
submit a “will serve” letter from a different qualified public or private
fire service in place of Rural/ Metro Corporation upon approval by the
Maricopa County Planning and Development Department.
n. Prior to the submittal of each preliminary plat, developer shall provide
a “will serve” letter from Qwest Communications. Developer may
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
Case Number: DMP2013005 / Z2013093 – Vista Verde
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submit a “will serve” letter from a different qualified public or private
telephone company in place of Qwest Communications upon
approval by the Maricopa County Planning and Development
Department.
o. Proposed commercial sites within the development shall be subject to a
Planned Development overlay.
p. One hundred dollars ($100) per house shall be paid by the developer
as each residential building permit is issued to a fund for the McDowell
Mountain Regional Park for trails and facilities enhancement and
maintenance. The county shall deposit and hold all receipts in the
parks enhancement fund for the specific purposes stated above. All
interest earned on the fund shall remain an asset of the fund. The
assets of this fund are not intended to replace existing county
appropriations for similar purposes, but rather are intended as
supplemental resources resulting from additional park use by Vista
Verde residents. Maricopa County Parks and Recreation Department
will provide each residential unit in the Vista Verde Development
Master Plan with a fifty dollar ($50) voucher for entrance into any
regional park administered by said department, except Lake Pleasant
Regional Park.
q. Major changes to this Development Master Plan (the land use plan and
narrative report) shall be processed as a revised application in the same
manner as the original application, with final determination made by the
Board of Supervisors following recommendation by staff and the
Planning and Zoning Commission.
r. Non-compliance with the Development Master Plan (the land use plan
and narrative report) or the conditions of approval will be treated as a
violation in accordance with provisions of the Maricopa County Zoning
Ordinance.
s. All subdivisions within Vista Verde shall include a statement on the final
plat which states that this development is adjacent to a growing
equestrian community on the north and west.
t. The Development Master Plan shall be brought before the Planning and
Zoning Commission after the draft Eliot Pollack study is completed to
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
Case Number: DMP2013005 / Z2013093 – Vista Verde
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discuss initiating a new stipulation related to a library district “quality of
life assessment.”
Extracts of the Planning and Zoning Commission Meeting of December 12,
2013
Case Number: DMP2013005 / Z2013093 – Vista Verde
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