ZONE CHANGE HAPPY VALLEY 303 WESTCASE NUMBER:&NBSP - Z2007036 HAPPY VALLEY 303.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: October 30, 2008
Board Hearing Date: December 3, 2008
Case: Z2007036 - Happy Valley 303 West
Agenda Item: 1
Supervisor District: 4
Owner / Applicant: Happy Valley 303 West, LLC
Request: Zone Change from Rural-43 to C-1 CUPD and R-4
RUPD w/ Precise Plans of Development for
commercial and multi-family development
Site Location: Near the southwest corner of Happy Valley Rd. and
Vistancia Blvd. (in the Peoria area)
Site Size: Approx. 21 gross ac. (7.13 gross ac. C-1 CUPD &
13.68 gross ac. R-4 RUPD)
Density: 18.3 d.u./ac. (residential portion only)
County Island Status: Class Ia (Peoria & Surprise)
County Plan: In concert — see related CPA200703
Municipal Plan: City of Peoria — Mixed Use / Neighborhood
Commercial
Municipal Comments: None
Support/Opposition: None known
Existing On-Site and Adjacent Zoning and Land Use:
On-site: Rural-43 / Vacant desert
North: C-2 PAD / Arterial (Happy Valley Road), then vacant
(future commercial site in Coldwater Ranch)
South: Rural-43 / Infrastructure (West Wing Substation)
December 3, 2008 BOS
P8,2 Agenda Item: 1 - Case Z2007036
Page 1 of 2

East: Rural-43 / Vacant (State Trust Land)
West: Rural-43 / Use Infrastructure (high-tension power
lines)
Staff
Recommendation: Approve with stipulations 'a' through 't' with
modification to stipulation 'q' for the following
reasons:
• The request is consistent with CPA200703.
• The request is consistent with the Maricopa County Zoning Ordinance, except as
provided by the proposed Unit Plan of Development (UPD) standards.
• The UPD standards proposed by the applicant are fair and reasonable.
• The primary reviewing agencies have no objections.
Note: Staff's recommendation as stated in the P&Z staff report was to continue to
November 20, 2008 to allow time for the Peoria City Council to approve the
applicant's pre-annexation agreement in accordance with stipulation 'f' of
CPA200703. The City Council approved the pre-annexation agreement on October
21, 2008, thus staff was able recommendation approval of the subject request.
Note: Staff's amended recommendation also included modified language for
stipulation 'q' as follows:
q. Major=els geAMENDMENTS to the site plan and narrative report shall
be processed as a revised application, with approval by thc Board of
Supervisors upon recommendation of the Planning and Zoning
Commission IN ACCORDANCE WITH MARICOPA COUNTY ZONING
ORDINANCE ARTICLE 304.9.
• . - - - -- -------- -;. - - -
Commission
Recommendation: Approve subject to staff recommended stipulations
'a' through 't' with staff recommended changes to
stipulation 'q'.
Additional
Comments: N/A
Planner: Robert H. Kuhfuss, AICP
Reviewed by: Terri S. Hogan, AICP
Attachment/s: October 30, 2008 Draft P&Z Minutes (7 pages)
October 30, 2008 P8tZ Packet (67 pages)
December 3, 2008 BOS
P&Z Agenda Item: 1 - Case Z2007036
Page 2 of 2

Zone Change: Z2007036 District 4
Applicant: Happy Valley 303 West, LLC
Location: Near the southwest corner of Happy Valley Rd. and
Vistancia Blvd. (in the Peoria area)
Request: Zone Change from Rural-43 to C-1 CUPD and R-4 RUPD
with Precise Plans of Development for commercial and
multi-family development (approx. 21 gross ac.) — Happy
Valley 303 West
Mr. Rob Kuhfuss, Senior Planner, presented this case to the Commission as
noted above. The overall density for the residential portion will be
approximately 18.3 dwelling units per acre. It is in concert with the
approved Comprehensive Plan Amendment, CPA200703, which was
approved earlier this year. This site is essentially divided into two areas.
The area to the south is the multi-family section, and has a variety of multi-
family buildings. The northern portion is a commercial site with a strip
shopping center. Prior to the hearing, the status of the Pre-Annexation
agreement between the applicant and the City of Peoria was unclear. Our
recommendation was for a continuance until that was resolved. The City of
Peoria has now approved that Pre-Annexation agreement and the applicant
has provided us with a copy.
The only issue remaining issue that needs to be discussed is in reference to
stipulation "q". We would like to modify this stipulation to read:
Major changes Amendments to the site plan and narrative
report shall be processed as a revised application with
approval by the Board of Supervisors upon recommendation
1,1
be administratively approved by the Planning and
with Maricopa County Zoning Ordinance Article 304.9.
The reason for modification is to bring it into concert with a recent Text
Amendment regarding the administrative processes for Plans of
Development (PODs).
Staff's recommendation is for approval subject to stipulations "a" through
"t" as outlined in the staff report with the modification to stipulation "q".
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CASE NUMBER: Z2007036 Page 1 of 7

Commissioner Bowers raised a question about transportation in the area
that may not necessarily pertain to this case specifically, but is of concern
to the area. The intersection to the east has developed some difficulties
and he wants to be sure that staff is aware of this. He said this issue could
be discussed at a later time.
Stephen Anderson appeared on behalf of the applicant Cavan Commercial.
Mr. Todd from Cavan Commercial was also present. Mr. Anderson
explained that the project was a 21 acre site near the southwest corner of
Vistancia Blvd. and Happy Valley Road and said that the project has a rich
history. They filed the zoning application in March of 2007 so they have
been working on it for over a year and a half. It has been subject to
numerous public hearings and approvals which it has received at both the
City and County levels. Those hearings started last year, the most recent of
which was last week when the City of Peoria unanimously approved a Pre-
Annexation agreement. He noted that one of those public hearings, took
place in front of the Commission when they unanimously recommended
approval of the CPA in January of this 2007.
This application is a zoning application. It is the essentially same site plan
that wad presented in January of 2007 when the CPA was approved. It is
essentially unchanged. The retail is at the north end of the project site
adjacent to Happy Valley Road. The multi-family residential is at the south
end of the site, away from the major arterial. In terms of infrastructure at
the site, this is a site that is already served by Arizona American water and
wastewater lines that are out in Happy Valley Road immediately adjacent to
the site. Fire services for this site will be provided by the Sun City West Fire
District, which is very much looking forward to annexing this property, and
then at the time of annexation into the City of Peoria, will shift over to
Peoria Fire. In terms of police, the Commission has already imposed a
stipulation through the CPA process that requires they enter into a
development agreement with the Maricopa County Sheriff's Office at the
time of Final Plat. Again, that will shift over to the Peoria Police
Department at the time of annexation.
In terms of the annexation, he reminded the Commission that the reason
they haven't annexed already is that they are separated from the City of
Peoria by State Land. Until Peoria works out an agreement with the State
Land Department, they are marooned. They do have the Pre-Annexation
agreement, as has already been noted, so as soon as they get that State
Land, this property will annex in right behind them. That's why they are
still in the County.
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Staff has indicated that they are recommending approval today subject to
the stipulations. We are amenable to the modification to stipulation "q" as
well as to the balance of all the stipulations.
Chairman Smith asked if there was any opposition to this case.
There was no opposition present.
COMMISSION ACTION: Commissioner Jones moved to recommend
approval of Z2007036 subject to modified stipulations "a" through
"t" with modification to stipulation "q". Commissioner Pugmire
seconded the motion, which passed with a unanimous vote of 6-0.
a. Development of the site shall be in substantial conformance
with the site plan entitled "Happy Valley 303 West" consisting
of six (6) full-size sheets, dated October 14, 2008, and
stamped received October 17, 2008, except as modified by
the following stipulations.
b. Development of the site shall be in substantial conformance
with the narrative report entitled "Rezoning / Precise Plan of
Development — Happy Valley West — A Mixed Use
Community", consisting of eighteen (18) pages, dated October
2008, and stamped received October 17, 2008, except as
modified by the following stipulations.
Commercial and residential building elevations shall be in
general conformance with the elevation rendering entitled
"Elevations for Happy Valley 303 West", consisting of nine (9)
8-1/2" by 11" reductions, stamped received April 29, 2008,
except as modified by the following stipulations.
d. The following Maricopa County Department of Transportation
(MCDOT) stipulation shall apply:
1) The developer shall provide a total half-width of
75 feet of right-of-way on Happy Valley Road
(straight from the west boundary).
2) The project shall comply with all
recommendations in the MCDOT-approved
Traffic Impact Study (TIS).
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CASE NUMBER: Z2007036 Page 3 of 7

3) The project shall contribute 25% of the cost of
traffic signalization for the intersection of Happy
Valley Road and Vistancia Boulevard.
4) The project shall enter into a pre-annexation
agreement with the City of Peoria. The details
of construction, or bonding, for ultimate half-
width improvements on Happy Valley Road shall
be determined by the City of Peoria.
5) Any landscaping in county right-of-way shall
comply with MCDOT requirements.
6) The current "secondary access" located along
the north property boundary of the Cavan
property (east driveway on Happy Valley Road)
will continue to act as the secondary access with
the current roadway configuration. However,
when the realignment occurs and Vistancia
Boulevard is carried south along the Cavan
property's east boundary, the project will have
an access along the east boundary onto
Vistancia Boulevard. At such time, the second
(east) driveway onto Happy Valley Road will
likely become restricted or be eliminated.
The following Drainage Review stipulations shall apply:
1) All development and engineering design shall be
in conformance with the Drainage Regulation
and current engineering policies, standards and
best practices at the time of application for
construction.
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 the Drainage Regulation and
design policies and standards."
f. Dedication of additional rights-of-way as identified in
stipulation d.1 above shall occur within six (6) months of
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CASE NUMBER: Z2007036 Page 4 of 7

approval of this request by the Board of Supervisors, and prior
to zoning clearance.
g. 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.
h. All transformers, back-flow prevention devices, utility boxes
and all other utility related ground mounted equipment shall
be painted to complement the development and shall be
screened with landscape material where possible. All HVAC
units shall be ground-mounted or screened with a continuous
parapet for commercial projects.
All outdoor lighting shall conform to the Maricopa County
Zoning Ordinance.
An archeological survey shall be submitted to and approved by
the Arizona State Historic Preservation Office prior to issuance
of a grading permit. The applicant must contact the State
office prior to initiating disturbance of the site. The applicant
shall provide the Planning and Development Department with
written proof of compliance with this stipulation.
k. Development and use of the site shall comply with
requirements for fire protection measures as deemed
necessary by the applicable fire department. Prior to issuance
of zoning clearance or Final Plat approval, the applicant shall
seek review and comment from the applicable fire protection
agency, and shall provide written confirmation that the site will
be developed in accordance with their requirements.
I. Prior to zoning clearance or Final Plat approval, developer(s)
and/or builder(s) shall establish emergency fire protection
services, covering all real property contained within the
project area during course of construction and shall obtain a
'will serve' letter substantiating coverage from the appropriate
Fire Department servicing the site.
m. The applicant or his successor shall obtain approval of any
development plans from the Office of the Arizona State Fire
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Marshal prior to any construction, unless the site is annexed
into the Fire District of Sun City West.
n. Variations to the development standards as indicated in the
approved Unit Plan of Development (UPD) table may be varied
by the Board of Adjustment in accordance with Article 303.2.2
of the Maricopa County Zoning Ordinance (MCZO).
o. All habitable buildings constructed within this subdivision shall
be constructed to attain a noise reduction level as per ARS §
28-8482(B).
p. The master developer shall notify future residential inhabitants
that they are located within the state-defined "territory in the
vicinity of a military airport" with the following language:
"You are buying or renting a home or property in the 'vicinity of
a military airport' as described by State of Arizona statute ARS
§28-8481. Your dwelling should include sound attenuation
measures as directed by State law. You will be subject to direct
over flights and noise by Luke Air Force Base jet aircraft in the
vicinity.
Luke Air Force Base executes over 200,000 flight operations
per year, at n average of approximately 170 overflights per
day. Although Luke's primary flight paths are located within 20
miles from the base, jet noise will be apparent throughout the
area as aircraft transient to and from the Barry M. Goldwater
Gunnery Range and other flight training areas.
Luke Air Force Base may launch and recover aircraft in either
direction off its runways oriented to the southwest and
northeast. Noise will be more noticeable during overcast sky
conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00
a.m. until approximately midnight, Monday through Friday,
but some limited flying will occur outside these hours and
during most weekends.
For further information, please check the Luke Air Force Base
website at www.luke.af.mil/urbandevelopment or contact the
Maricopa County Planning and Development Department."
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CASE NUMBER: Z2007036 Page 6 of 7

Such notification shall be permanently posted on not less than
a 3 foot by 5 foot sign in front of all home sales offices, be
permanently posted on the front door of all home sales offices
on not less than an 81/2 inch by 11 inch sign, and be included
in all covenants, conditions, and restrictions (CC&Rs) as well
as the Public Report and conveyance documents.
q. Amendments to the site plan and narrative report shall be
processed s a revised application in accordance with Maricopa
County Zoning Ordinance Article 304.9.
r. 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).
s. 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 [Special Use Permit or Zone
Change] as set forth in the Maricopa County Zoning
Ordinance.
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 stipulations.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING COMMISSION MEETING
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CASE NUMBER: Z2007036 Page 7 of 7

ONE
Report to the Planning and Zoning Commission STOP
Prepared by the Maricopa County Planning and Development Department SHOP
Case #: Z2007036 - Happy Valley 303 West
Meeting Date: October 30, 2008
Agenda Item: 3
Supervisor District: 4
Owner/Applicant: Happy Valley 303 West, LLC
Request: Zone Change from Rural-43 to C-1 CUPD and R-4 RUPD
w/ Precise Plans of Development for commercial and multi-
family development
Site Location: Near the southwest corner of Happy Valley Rd. and
Vistancia Blvd. (in the Peoria area)
Site Size: Approx. 21 gross ac. (7.13 gross ac. C-1 CUPD & 13.68
gross ac. R-4 RU PD)
Density: 18.3 d.u./ac. (residential portion only)
County Island Status: Class Ia (Peoria & Surprise)
County Plan: In concert — see related CPA200703
Municipal Plan: City of Peoria — Mixed Use / Neighborhood Commercial
Municipal Comments: None
Support/Opposition: None known
Recommendation: Continue to November 20, 2008
Agenda Item: 3 - Z2007036
Page 1 of 16

Project Summary:
1. The request involves an irregularly shaped property of approx. 21 gross acres
located just west of the southwest corner of Happy Valley Rd. and Vistancia
Blvd. in the Peoria area. The site will be developed in two phases, with the
northern 7.13 acre portion being neighborhood commercial and the southern
13.68 acre portion being multi-family.
2. Primary access to both sites will be via a 65' (w) private driveway extending
southward from Vistancia Blvd. along the western edge of the commercial area.
Extending from this private driveway will be two 30' (w) driveways providing
access to the commercial area, and a single 30' (w) driveway extending to the
west providing future access to the adjacent property, which is owned by the
applicant but not part of this application. The main driveway will terminate at a
turn-around within the multi-family development and will be zoned R-4 RUPD to
accommodate what would otherwise be considered off-site advertising, which
will be discussed later.
3. Secondary access to the commercial site will be via a single 30' (w) driveway
extending northward from northeast corner of the site, connecting to Happy
Valley Rd. This driveway will also provide secondary access to the multi-family
area. Both of the access points to the multi-family area will be gated. A fire
access easement will also extend over the adjacent property to the west. The
site plan also anticipates the possibility that new right-of-way will be acquired
adjacent to the eastern property line, thus a future driveway location is called
out on the site plan.
4. The site plan also indicates a roughly triangular area immediately adjacent to
Happy Valley Rd. as being reserved for future right-of-way. This is to
accommodate the City of Peoria's plan to straighten Happy Valley Rd. at some
point in the future. There will be no improvements other than access and
landscaping within this future ROW.
5. Both areas of the site will be subject to specific limited UPD standards. For the
commercial area, this includes an increase in building heights to 35' from 30'; a
provision where freestanding monument signs (on-site advertising) may be
setback 25' from the front property line unless Happy valley Rd. is re-aligned in
which case the sign setback would be reduced to 15'; a similar provision
whereby the building setback would be reduced to 11' in the event of the Happy
Valley Road realignment; and the elimination of perimeter screening except for
the 5' (w) landscape screening as would typically be required for parking lots.
All other development standards for the C-1 zoning district would apply. Staff
notes that for purposes of this application, the front of the commercial parcel will
be considered to be that which abuts Happy Valley Rd.
Agenda Item: 3 - Z2007036
Page 2 of 16

6. The multi-family portion of the site will develop in accordance with the base R-4
development standards, with the exception of the building heights which will be
increased to 45' from 40'; a provision whereby the freestanding monument sign
(on-site advertising) may be setback a minimum of 15' from Happy Valley Rd;
and a provision where the same freestanding monument sign may setback 10'
from what would be considered a "rear" lot line due to the unusual lot
configuration. All other development standards of the R-4 zoning district will
apply.
7. The commercial site will have a total of six (6) buildings comprising approx.
44,171 sq. ft. of floor area, with an additional 5,495 sq. ft. of canopy area, for a
lot coverage figure of 17.3%, based on the net site area of 6.56 acres. The lot
coverage figure will increase to 19% upon the reduction in site area caused by
the future Vistancia Blvd. alignment; however, either lot coverage figure is well
within the proposed lot coverage standard of 60%.
8. The residential area will include a total of 250 dwelling units dispersed among a
total of 22 buildings. These 22 buildings will in turn be of one of six different
configurations, specified on the site plan as Type-I, Type-II, Type-III, Type IV,
Type-V, and Type-VI, which will be two to three stories tall. There will also be a
clubhouse, five (5) ramadas, and 38 parking canopies. The total lot coverage on
site will be 275,443 sq. ft. or 47.5%.
9. Parking generation for the C-1 area is based on the aggregate floor area of
44,171 sq. ft. at a ratio of 1:250 for a total parking requirement of 177 spaces.
The site plan shows a total of 254 parking spaces. The MCZO requires 5% of
the total number of parking spaces provided to be handicap-accessible, which
generates a requirement for 13 such spaces. Parking is well dispersed
throughout the site and will meet or exceed the dimension requirements as set
forth by the MCZO and the American Disability Act Accessibility Guidelines
(ADAAG).
10. Parking generation for the R-4 area is based on a ratio of 2 parking spaces per
dwelling unit, with a provision for 20% of those spaces to be reserved for guest
parking. With 250 dwelling units, this calculates to 500 spaces, with 100 of
those spaces set aside for guests. In this instance, the applicant proposes a
total of 501 spaces, of which 102 spaces will be reserved for guest parking. Of
the remaining dedicated parking spaces, 88 will be located within private
garages, and the other 223 being within the covered parking areas. There is
also a requirement for handicap-accessible parking at a ratio of 1 such space per
20 standard spaces. In this case, the applicant proposes 26 handicap spaces,
which are dispersed throughout the site in an appropriate manner.
Agenda Item: 3 - Z2007036
Page 3 of 16

11. Both portions of the site will be well landscaped using a variety of drought-
tolerant plant species arranged in a fairly dense manner. Within the multi-family
development, several turf areas will be interspersed providing opportunities for
recreation. Pedestrian circulation within the multi-family development will be
extensive, with connectivity to the commercial development via a single sidewalk
that will pass through a pedestrian gate and between the Shop A and Shop B
buildings. The site will also be well lit, but in accordance with MCZO Article
1112.
Public Participation Summary:
12. The applicant engaged in a Citizen Review Process as required by MCZO. To
date, staff is not aware of any opposition or support generated by the applicant's
efforts.
La:kground:
13. March ::70, 2007: The applicant submitted a request for a Zone Change from
Rural-43 to C-1 CUPD and R-4 RUPD under case Z2007036, the subject case.
14. March 30, 2007: The applicant submitted a request for a Comprehensive Plan
Amendment to change the land use designation from Mixed Use Employment to
Neighborhood Retail Center and High Density Residential under CPA200703.
15. May 15, 2007: The Technical Advisory Committee (TAC) reviewed both
CPA200703 and Z2007036.
16. November 6, 2007: The City of Peoria City Council approved a request for a
General Plan Amendment to change the Peoria Loop 303 Specific Area Plan land
use designation from Low Density Residential (2-5 DU/Ac), Medium Density
Residential (5-8 DU/Ac), and Business Park Industrial to Mixed Use,
Neighborhood Commercial, and Park/Open Space.
17. March 17, 2008: The BOS approved by Resolution case CPA200703, a request
for a Comprehensive Plan Amendment to change the land use designation for
the subject site from Mixed Use Employment to Neighborhood Retail Center
and High Density Residential, subject to stipulations 'a' through 'I', as noted in
the attached approval letter. Staff opposed this CPA stating "Staff believes
that the major comprehensive plan amendment is not consistent with the
overall intent and the goals and policies of the 2020 Comprehensive Plan and
the amendment criteria of the White Tanks/Grand Avenue Area Plan because
it proposes inappropriate residential and retail land uses in an area that is
underserved and in need of additional employment opportunities."
(CPA200703 staff report, paragraph 37).
Agenda em: 3 - Z2007036
Page 4 of 16

Exicting On-Site and Adjacent Zoning and Land Use:
18. On-site: Rural-43 / Vacant desert
North: C-2 PAD / Arterial (Happy Valley Road), then vacant (future
commercial site in Coldwater Ranch)
South: Rural-43 / Infrastructure (West Wing Substation)
East: Rural-43 / Vacant (State Trust Land)
West: Rural-43 / Use Infrastructure (high-tension power lines)
[Aerial photo on following page.]
Agenda Item: 3 - Z2007036
Page 5 of 16

Agenda Item: 3 - Z2007036
Page 6 of 16

Adopted Plans:
19. County Plan: The Comprehensive Plan directs staff to the White Tank / Grand
Avenue Area Plan.
20. White Tank / Grand Avenue Area Plan: The County's White Tank / Grand
Avenue Area Plan, which is the applicable County Area Plan, calls for
Neighborhood Retail Center and High Density Residential. The request is
consistent with these land use designations.
21. City of Peoria General Plan: The site also lies within the Municipal
Planning Area of the City of Peoria. Recently, the City of Peoria City Council
approved the applicant's request for a General Plan Amendment to change the
Peoria Loop 303 Specific Area Plan land use designation from Low Density
Residential (2-5 DU/Ac), Medium Density Residential (5-8 DU/Ac), and Business
Park Industrial to Mixed Use, Neighborhood Commercial, and Park/Open Space.
Staff's understanding is that the subject request is consistent with the City's
amended General Plan.
Utilities and Services:
22. Water: Arizona-American Water Company
Wastewater: Arizona-American Water Company
School District: Peoria Unified School District
Fire: Undetermined
Outstanding Concerns from Reviewing Agencies:
23. N/A
Staff Analysis:
24. As noted previously, the applicant is requesting fairly minimal relief from the
development standards. One such reduced development standard pertains to
perimeter screening, which is required of commercial zoning. Where adjacent to
Rural or Residential zoning, said screening must be in the form of a solid wall
and where not adjacent to Rural or Residential zoning, the screening must
simply be of a view-obscuring material such as wood slats or fabric mesh.
25. In this case, the subject site is adjacent to Rural or Residential zoning on the
west, south, and east sides; however, the property immediately to the west is
the private driveway that is part of this proposal and will serve both the
commercial and multi-family sites, thus it would seem unnecessary to screen the
driveway from the commercial site it is serving. Further, just beyond the shared
driveway are two high-tension power lines, thus residential development on that
Agenda Item: 3 - Z2007036
Page 7 of 16

parcel is unlikely. The property to the east of the site is sandwiched between
the subject property and Vistancia Blvd., and again is not likely to develop as
residential. In addition, this property line abuts the 119 th Ave. alignment,
although it is uncertain as to whether or not this alignment will ever be realized.
26. Finally, while an argument can be made to screen the commercial use from the
proposed multi-family development to the south, the northernmost residential
buildings will be placed 20' from the common property line and a there will be a
6' (h) masonry wall extending to the east and west from said buildings. In
addition, the rear of the commercial building will be set 40' from the rear
property line, which combined with the aforementioned 20' residential setback
will provide 60' of landscaped buffer that will provide a significant level of
screening/separation well beyond what a 6' (h) masonry wall and minimum
setbacks could provide. Further, the aforementioned landscaped area will be
bisected by a property line. If a wall were to be erected on that property line, a
potentially undesirable condition would emerge as there would now be a narrow
strip of landscaping that could be in violation of accepted CPTED (Crime
Prevention Through Environmental Design) practices.
27. The intersection of Happy Valley Rd. and Vistancia Blvd. was established during
the planning phases for the now approved communities of Vistancia, Coldwater
Ranch, Rancho Cabrillo, and Rancho Mercado. In its current configuration,
Vistancia Blvd. carries the bulk of the existing traffic, with Happy Valley Rd.
intersecting roughly at a tangent to the Vistancia Blvd. curve. However, staff's
understanding is that the City of Peoria anticipates that as the region nears
build-out, it will be Happy Valley Rd. that carries the bulk of the regional traffic
and that under the current configuration, a bottleneck will occur as motorists
negotiate an awkward intersection to continue on their east/west journeys.
28. To remedy this potential traffic conflict, the City of Peoria will likely reconfigure
this intersection such that Happy Valley Rd. is straightened to carry the
increased traffic volume, with Vistancia Blvd. intersecting Happy Valley Rd.
tangentially. In order to accomplish this, a wedge of land is being reserved for
future ROW. No development will occur within this wedge except for access,
lighting, and landscaping; however, this complicates the zoning review and the
application of certain zoning standards with respect to future building and
monument sign setbacks. The proposed CUPD development standards address
this future condition.
29. The aforementioned private drive was originally shown within the proposed C-1
zoning district; however, the applicant understandably desired a monument sign
to be located along Happy Valley Rd. for the purpose of announcing the
presence of the residential community that would otherwise be somewhat
removed from view. The problem with that approach is that under the MCZO,
such a sign would be considered off-site advertising, which is only allowed in C-
Agenda Item: 3 - Z2007036
Page 8 of 16

2, C-3, or industrial zoning. The alternatives would be to amend the zoning
request to include C-2, C-3, or industrial zoning, or to reconfigure the site plan
such that the monument sign would be on the same development parcel and
zoning district as the multi-family development. In this way, the monument sign
becomes on-site advertising and is thereby compliant with the MCZO. This
discussion having been made, the MCZO requires a 20' front setback in R-4.
While this may be the case, the sign will also be adjacent to the commercial
development. The proposed 15' (h) monument sign setback in the multi-family
area is consistent with the monument sign setback for the commercial area.
30. As of the writing of this report, the applicant has not established fire protection
for the site. As shown on the following map, the site lies within the future
annexation area of the City of Peoria; however, the site also lies within an area
that could potentially be served by the Fire District of Sun City West. (Note that
some of the non-shaded areas also have the potential of being served by Rural /
Metro Fire Department. Regardless, staff recommends standard stipulations
that would require the applicant to establish fire protection service prior to
zoning clearance for any development than might occur on the site.
[Fire District map on following page.]
Agenda Item: 3 - Z2007036
Page 9 of 16

City of Peoria
/ "1„,
\
a \! '1-1:
anctraa ntv Plan n rmg and Dd,...‘kltr.,mont Depar, n,zr;
Agenda Item: 3 - Z2007036
Page 10 of 16

31 The above referenced CPA included a stipulation requiring the execution and
recordation of a pre-annexation agreement between the developer and the City
of Peoria. As of the writing of this report, this stipulation has not been satisfied;
however, staff is of the understanding that the City of Peoria City Council will
vote on the proposed pre-annexation agreement on October 21, 2008. Staff
does not anticipate a nay vote from the City Council; however, should the City
Council deny the proposed pre-annexation agreement, stipulation 'f' of
CPA200703 will not have been satisfied.
32. The subject Zone Change and related Precise Plan of Development are entirely
consistent with the approved CPA, with the exception of stipulation If'
pertaining to a pre-annexation agreement. Since staff may only base a
recommendation on the facts present at this time, staff recommends the
Commission continue the subject Zone Change until November 20, 2008 to
ensure the Peoria City Council has approved the pre-annexation agreement, and
that said agreement is properly recorded.
Recommendation:
33. Staff recommends the Commission continue Z2007036 to November 20, 2008
to allow time for the applicant to execute and record a pre-annexation
agreement in accordance with stipulation 'f' of CPA200703.
34. However, if the applicant is able to demonstrate compliance with stipulation 'f' of
CPA200703, staff recommends the Commission motion for approval with
stipulations 'a' — for the following reasons:
• The request is consistent with CPA200703.
• The request is consistent with the Maricopa County Zoning Ordinance,
except as provided by the proposed Unit Plan of Development (UPD)
standards.
• The UPD standards proposed by the applicant are fair and reasonable.
• The primary reviewing agencies have no objections.
Subject to the following stipulations:
a. Development of the site shall be in substantial conformance with the
site plan entitled "Happy Valley 303 West" consisting of six (6) full-size
sheets, dated October 14, 2008, and stamped received October 17,
2008, except as modified by the following stipulations.
b. Development of the site shall be in substantial conformance with the
narrative report entitled "Rezoning / Precise Plan of Development —
Happy Valley West — A Mixed Use Community", consisting of eighteen
Agenda Item: 3 - Z2007036
Page 11 of 16

(18) pages, dated October 2008, and stamped received October 17,
2008, except as modified by the following stipulations.
c. Commercial and residential building elevations shall be in general
conformance with the elevation rendering entitled "Elevations for
Happy Valley 303 West", consisting of nine (9) 8-1/2" by 11"
reductions, stamped received April 29, 2008, except as modified by the
following stipulations.
d. The following Maricopa County Department of Transportation (MCDOT)
stipulation shall apply:
1) The developer shall provide a total half-width of 75 feet of
right-of-way on Happy Valley Road (straight from the
west boundary).
2) The project shall comply with all recommendations in the
MCDOT-approved Traffic Impact Study (TIS).
3) The project shall contribute 25% of the cost of traffic
signalization for the intersection of Happy Valley Road and
Vistancia Boulevard.
4) The project shall enter into a pre-annexation agreement
with the City of Peoria. The details of construction, or
bonding, for ultimate half-width improvements on Happy
Valley Road shall be determined by the City of Peoria.
5) Any landscaping in county right-of-way shall comply with
MCDOT requirements.
6) The current "secondary access" located along the north
property boundary of the Cavan property (east driveway
on Happy Valley Road) will continue to act as the
secondary access with the current roadway configuration.
However, when the realignment occurs and Vistancia
Boulevard is carried south along the Cavan property's east
boundary, the project will have an access along the east
boundary onto Vistancia Boulevard. At such time, the
second (east) driveway onto Happy Valley Road will likely
become restricted or be eliminated.
Agenda Item: 3 - Z2007036
Page 12 of 16

e. The following Drainage Review stipulations shall apply:
1) All development and engineering design shall be in
conformance with the Drainage Regulation and current
engineering policies, standards and best practices at the
time of application for construction.
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 the Drainage
Regulation and design policies and standards."
f. Dedication of additional rights-of-way as identified in stipulation d.1
above shall occur within six (6) months of approval of this request by
the Board of Supervisors, and prior to zoning clearance.
g . 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.
h. All transformers, back-flow prevention devices, utility boxes and all
other utility related ground mounted equipment shall he painted tc-
complement the development and shall be screened with landscape
material where possible. All HVAC units shall be ground-mounted or
screened with a continuous parapet for commercial projects.
All outdoor lighting shall conform to the Maricopa County Zoning
Ordinance.
An archeological survey shall be submitted to and approved by the
Arizona State Historic Preservation Office prior to issuance of a grading
permit. The applicant must contact the State office prior to initiating
disturbance of the site. The applicant shall provide the Planning and
Development Department with written proof of compliance with this
stipulation.
k. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the applicable fire
department. Prior to issuance of zoning clearance or Final Plat approval,
the applicant shall seek review and comment from the applicable fire
protection agency, and shall provide written confirmation that the site will
be developed in accordance with their requirements.
Agenda Item: 3 - Z2007036
Page 13 of 16

Prior to zoning clearance or Final Plat approval, developer(s) and/or
builder(s) shall establish emergency fire protection services, covering all
real property contained within the project area during course of
construction and shall obtain a 'will serve' letter substantiating coverage
from the appropriate Fire Department servicing the site.
m. The applicant or his successor shall obtain approval of any development
plans from the Office of the Arizona State Fire Marshal prior to any
construction, unless the site is annexed into the Fire District of Sun City
West.
n. Variations to the development standards as indicated in the approved
Unit Plan of Development (UPD) table may be varied by the Board of
Adjustment in accordance with Article 303.2.2 of the Maricopa County
Zoning Ordinance (MCZO).
o. All habitable buildings constructed within this subdivision shall be
constructed to attain a noise reduction level as per ARS § 28-8482(B).
p. The master developer shall notify future residential inhabitants that
they are located within the state-defined "territory in the vicinity of a
military airport" with the following language:
"You are buying or renting a home or property in the `vicinily of a
military airport' as described by State of Arizona statute ARS §28 8481.
Your dwelling should include sound attenuation measures as directed
by State law. You will be subject to direct over flights and noise by
Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year,
at n average of approximately 170 overflights per day. Although Luke's
primary flight paths are located within 20 miles from the base, jet noise
will be apparent throughout the area as aircraft transient to and from
the Barry M. Goldwater Gunnery Range and other flight training areas.
Luke Air Force Base may launch and recover aircraft in either direction
off its runways oriented to the southwest and northeast. Noise will be
more noticeable during overcast sky conditions due to noise reflections
off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until
approximately midnight, Monday through Friday, but some limited
flying will occur outside these hours and during most weekends.
Agenda Item: 3 - Z2007036
Page 14 of 16

For further information, please check the Luke Air Force Base website
at www.luke.af.mil/urbandevelopment or contact the Maricopa County
Planning and Development Department."
Such notification shall be permanently posted on not less than a 3 foot
by 5 foot sign in front of all home sales offices, be permanently posted
on the front door of all home sales offices on not less than an 81/2 inch
by 11 inch sign, and be included in all covenants, conditions, and
restrictions (CC&Rs) as well as the Public Report and conveyance
documents.
q. Major changes to the site plan and narrative report shall be processed
as a revised application, with approval by the Board of Supervisors
upon recommendation of the Planning and Zoning Commission. Minor
changes may be administratively approved by the Planning and
Development Department. (Major changes to the project may require
a new Citizen Participation Process as determined by the Planning and
Development Department.)
r. 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).
.s. 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 [Special Use
Permit or Zone Change] as set forth in the Maricopa County Zoning
Ordinance.
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 stipulations.
Planner: Robert H. Kuhfuss, AICP
Reviewed by: Terri S. Hogan, AICP
Agenda Item: 3 - Z2007036
Page 15 of 16

Attachments: Case Map (1 page)
Vicinity Map (1 page)
Site Plan (8-1/2" by 11" reductions, 6 pages)*
Diagram of Happy Valley Road realignment (8-1/2" by 11"
reduction, 1 page)
Elevation renderings (8-1/2" by 11" reductions, 9 pages)
Narrative Report (18 pages)
1st Routing Memo (1 page)
MCDOT comments (1 page)
MCESD comments (1 page)
DPR comments (1 page)
FCDMC comments (1 page)
Library District comments (1 page)
SHP() comments (2 pages)
Luke AFB comments (2 pages)
CPA200703 Approval Letter (5 pages)
Enclosures: Site Plan (11" by 17" reductions, 6 pages)*
Elevation color renderings (8-1/2" by 11" reductions, 9 pages)
[*Full-size plans are available upon request.]
Agenda Item: 3 - Z2007036
Page 16 of 16

MARICOPA COUNTY, ARIZONA
RURAL-43
RURAL-43
Drawn By: D 10/17/2008 Legal Description: SW4 Section: 01 Township: 04N 01W
Applicant's Name: HAPPY VALLEY 303 WEST LLC Phone: (480) 751-6100 Zoning Map Z2007036
Case Address:SWC \ISTANCIA & HAPPY VALLEY RD Parcel:* C61
SU1' Lik ORIAL DISTRICT NO. 4
REQUEST:
Legend REZONE FROM RURAL-43 TO C-1 C.U.P.D., (7.13 ACRES
R4 / R.UP.D. (13.68 ACRES)
Local Roads
Arterial Roads
- Interstate s MARICOPA COUNTY 1 = 400
PLANNING & DEVELOPMENT
PHOENIX, ARIZONA

IVIARICOPA COUNTY, ARIZONA
omax Rd
y Valley KU-
Id Rd
Drawn By: OW 0/17/2008 Legal Description:SW4 Section: 01 Township: 04N 01W
Applicant's Name: HAPPY VALLEY 303 WEST LLC Phone: (480) 751-6100 Zoning Map Z2007036
Case Address:SWC VISTANCIA & HAPPY VALLEY RD Parcel:* C61
SUPERVISORIAL DISTRICT NO. 4
REQUEST:
Legend REZONE FROM RURAL-43 TO C-1 C.U.P.D., (7.13 ACRES N
R4 / R.U.P.D. (13.68 ACRES)
Local Roads
Arterial Roads
- Interstates MARICOPA COUNTY 1 " = 1,500 '
parcels PLANNING & DEVELOPMENT
PHOENIX, ARIZONA

FZURAL)4D RURAL -43 RURAL-AT WORAI.,43
(VACANT) (WALANT) (VACANT) (VACANT)
ARIZONA RUPL IC HAPPY 114 LLC TArTIE LAM, LP SONE.EL T LAMP',
TYPICAL PARKINS DETAIL SERVICE CO. AHAB 509453-0000 PIM 503-50-0000 INVESTMENT -)
APN. 503-50-02412 APES, 501-5T-001
T RURAL -43
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Ws, AM ETON
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STOP TMC 'OPT , 22 HIERT AS REASRREO ERERR THE /ENTER.-'UT
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,o2RERIENT ENT, L RE ES.TEET TO CO".'
IHITTOINET BERME SEPTET' 24101IE 35 FEET I-STORIES TILE 2; AROSE. REVELORMETR MTE MA TERIAL. ARP RETERE SHALL POSSIDLE HE 503EENED ALL '11TH e4.,Ac.
MAL BE 3R3,7Nr, mouNTEE`
'TENT EXCEPT IN ME SALTY HELL RE CO/ERECT INIT4 vecoi-eoseo oR ANiTE TO
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ROAD IS REALIGNED, IN SITE UNTIL 1e4E oP PEVELOPMENT
WHICH CASE THE PRONT
SETBACK SHALL BE 15 11110 RURAL-43
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TIMEI)TNCTS) EVENT TOE HAFT, VALLEY ssevice co Or -Az inc./ WV-JAM
Roan TS REAUGNED. APS. 505-53-02313 LYON 0-014ES ING UTILITY COMMITMENT TABLE
WHICH CASE THE FRONT A11164 SOT-b6-541'-
SETBACK SHALL 8E11 POTABLE wATER 5200050 AMERICAS wATER CO
FEET. SANITARY SEWER. ARMONA AMERICAN WATER CO.
NATURAL OAK SOUTHWEST GAS COmPANT
TUE/ 4....EJNICATIONS /MESE COMMuNICATIONS
KEEL I NC POWER; ARIZONA PUBLIC SERVICE CO.
NONE EXCEPT AS
R EQOIR E0 BY WM
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AREA RESERVED FOR FUTURE.
• FOR ro. AN OF DEVELOPMENT. THE FRONT OrITIE LOT I
SRAL BE THAT WHICH ABUTS NAFFS' VALLEY ROAD
ALL 0 0 STANDARDS FOR THE CI ZONING DISTRICT
V
RARER° 4-2
(VACANT)
mE;LA TON RASE EROPOSED HAPPY VALLEY
(ETARICOP A) L. CO
BUR721220 FEETOSTORIES RE FEET ; 3 SITMIES APS. 503-53-OOZE
PAD C
FRONT SETBACK 13 MET 20 FEET EXCEPT FOR QM
FREESTANOTNO MONUMENT
200N ACTIACENT TO HAPPY )
vALLET ROA°. REICH MA) VICINITY MAP
ENJOY A REDUCED FRONT
SETBACK OF /5 FEET AS
ETEAKTIRED FROM THEM.
OF THE FUTURE HAIRY
VALLEY ROAD R 0 W
RISER VAT/ON RURAL '43
(VACANT)
REAR SETBACK. SEPTET MEM FOR ME
FREMTANDINIT MONTIMENT
SKIN ADJACENT To HAPPY PRECISE PLAN OF DEVELOPMENT FOR HAPPY VALLEY 303 WEST
VALLEY ROAD, WHICH MAY
ENJov A REDUCED REAR MASTER SITE PLAN
SETBACK 0E10 FREE
CASE # Z2007036 RURAL-4D
onfER OF vELOPMENT ST ANRARDS FOR TRE zoNIMA outTroM (VACANT)
SHALL APPLY
rTx
8800 E. Rakers, 0r1v4, %Cs 140 PY VALLEY 303 WEST
Scottsdale, AZ 85280 5665 Esst San Ewen SY.
Contact. Todd $kate Sufte
Phone, 480-751-6104 VISTANCIA BLVD. & HAPPY VALLEY RD. Phoenix, Min. 55005
troltoroocavsocorstnerchecom
CAVAN MARICOPA COUNTY, ARIZONA pees 00ISITTE500
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Butler Design Group
Archilacte pionnor,
8800 e Rain/ray OH., Suite 140 A PY VALLEY 303 WEST 5558 East Van Buren SI
Scottsdale, AZ 85280
Contact . Todd Skoro au. 210
Phone 4 80-75/-8 104 VISTANCIA BLVD. & HAPPY VALLEY RD. Plveraa Art.. 55000
CAVAN E-Mail, Mot 08CovartcornmetciaLcom MARICOPA COUNTY, ARIZONA pte. 000-0071500
COMYERS las 662-057-1702

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Phone. 4$0-751-0104 VISTANCIA BLVD. & HAPPY VALLEY RD. Sh000kt, Adman MOS
E-M.I taltorovaaranoomamelotoorn ' MARICOPA COUNTY, ARIZONA 066r 002-INFT-000
008-047-7712


sers MIS won cog wok
CurreAl+
p IN A"
WIDTH VARIES BASED ON
INTERSECTION LAYOUT 6 DESIGN
PROPOSED
36" RCP TPD Rie. co rr." de. ack4-
DATE
u0,14.tul A. MATOSAR 06/15/04
PRELIMINARY DRAIN C. LAMBERT
NOT FOR HPCRED P. HOLLPY /11://r4 6:/
CONSTRUCTION PARSONS,
4401','Irr''"o'4;-.16s4-
TRACS NO.

SOUTH ELEVATION
..„0/16 D
ELEVATIONS FOR HAPPY VALLEY 303 WEST SHOPS A
MARICOPA COUNTY ARIZONA

SOUTH ELEVATION
ELEVAT FOR HAPI—la VALLEY 303 WEST SHOPS B
MARICOPA COUNTY, ARIZONA

orh3fcr Epy VaMey 303 West
MARICOPA COUNTY, ARIZONA 3 Story - Type I

3 Story-Type II

Elevations for I-I-Tpy 303 West 31108ii
MARICOPA COUNTY, ARIZONA 3 Story-Type III 6087

Elevatr ons for Hn .py l.inry 303 West 60437 3.13.08
MARICOPA COUNTY, ARIZONA 3 Story-Type IV

EvtioL for Hz r .)y Vc ey 303 West
3 Story - Type V

Elevators for Ha, py Valley 303 West
MARICOPA COUNTY, ARIZONA

EL'..rations for poy r y 303 ,,,"/e-t
MARICOPA COUNTY, ARIZONA CLUBHOUSE 8087 04 01 08

Rezoning / Precise Plan of Development
"Hippy Veilley West"
A Mixed Use C0177177unity
Submitted to: Owner / Applicant:
Maricopa County Happy Valley 303 West, LLC
Planning & Development Department 8800 E. Raintree Drive, Suite 140
501 N. 44th Street, Suite 200 Phone: (480) 751-6100 Fax: (480) 751-6101
Phoenix, AZ 85008 Attn: Todd Skoro
602-506-3301
Representative:
Gammage & Burnham
2 N. Central Ave, 18th Floor
Phone: (602) 256-4402 Fax: (602)256-4475
Attn: Stephen Anderson
CAVAN March 2007
COMMERCIAL REVISED Nov. 2007
REVISED April 2008
File No. Z2007036 REVISED August 2008
FINAL October 2008
RECEIVED OCT 1 7 2008
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Happy Valley 303 West
Rezoning I PPD Narrative
FINAL October 2008
Page 2
INTRODUCTION
This request is for R-4 R.U.P.D. (Residential Unit Plan of Development) and C-1
C.U.P.D. (Commercial Unit Plan of Development) rezoning and a Precise Plan of Development.
The County Board of Supervisors a recently approved a Comprehensive Plan Amendment (CPA)
requesting Neighborhood Retail Center (NRC) & High Density Residential (>15du/ac.) (Case #
CPA200703) was unanimously approved by on February 20, 2008. In addition, a Minor General
Plan Amendment (City of Peoria case # GPA 07-08) the Peoria City Council unanimously
approved on November 6, 2007 designating the site as Mixed-Use Neighborhood Commercial.
This application is for a 20.81 acre site located approximately 250 feet west of the
southwest corner of Vistancia Boulevard and Happy Valley Road in the North Peoria area
(Exhibit A). The site is bordered by undeveloped State Land to the east, the West Wing electric
power substation to the south and the residential project Coldwater Ranch. The land
immediately west is also owned by Cavan Commercial. The Estrella Parkway Loop 303 is
approximately 1/4 mile to the east.
This narrative provides the necessary background information to support this rezoning
request and describes its conformance to the White Tank/Grand Avenue Area Plan. The overall
goal is to create a residential and commercial development that reflects the high quality of
development expected in this area.
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Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 3
THE PROJECT SITE
The site has distant views of the White Tank Mountains to the southwest and the
Bradshaw Mountains to the north. Currently, the site is vacant. Environmentally the site exhibits
fairly typical lower Sonoran Desert plant life and has a gradual slope from northeast to southwest
with a 0.7% grade, with no significant washes that cross the site. The Agua Fria River is 1/2 mile
away from the east boundary of the site. Access to the site is provided directly to the site from
Happy Valley Road along the northern perimeter of the site.
PURPOSE OF REQUEST
This request is presented to Maricopa County for a rezoning and precise plan of
development for an approximate 20.81 acre site located approximately 250 feet west of the
southwest corner of Vistancia Boulevard and Happy Valley Road. The subject site is more
particularly described by the legal description (See Exhibit B). The rezoning request will change
this property from its current designation of Rural-43 (one acre per dwelling unit) to R-4
R.U.P.D. (Multi-family in a Residential Unit Plan of Development) and C-1 C.U.P.D.
(Neighborhood Commercial in a Commercial Unit Plan of Development).
DESCRIPTION OF THE PROPOSAL
This request proposes rezoning the site into two different zoning classifications. The
north half of the site (7.13 gross acres) will be developed for a retail and commercial shopping
center. The southern 13.68 gross acres will be for a 2 and 3 story multi-family residential
project. This portion of the site will be accessible by way of a private entry driveway along the
west side of the commercial. The Plan of Development is depicted on Exhibit C. The details of
the development standards proposed are provided in the comparison chart provided below:
351868v3 3 10/13/2008

Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 4
adiVISSEIN
MULTI-FAMILY RESIDENTIAL STANDARDS
R-4 RUPD
REGULATION BASE PROPOSED
Building Height 40 feet / 3 stories 45 feet / 3 stories
Front Setback 20 feet 20 feet except for the
freestanding monument
sign adjacent to Happy
Valley Road, which may
enjoy a reduced front
setback of 15 feet as
measured from the line
of the future Happy
Valley Road ROW
reservation.
Rear Setback 25 feet 25 feet except for the
freestanding monument
sign adjacent to Happy
Valley Road, which may
enjoy a reduced rear
setback of 10 feet.
All other development standards for the R-4 Zoning District shall apply.
The Building Height RUPD request of 45 feet would allow the option of taller ceilings within the
units as opposed to the standard 8 foot ceiling plate.
The Sign Setback RUPD request of 15 feet within the front yard and 10 feet within the rear yard
is to provide same type, style and placement of signage as the adjacent C-1 CUPD requested in
this narrative.
The Front Setback request does not reflect a deviation from the Maricopa County Zoning
Ordinance, except for setbacks related to the monument sign.
Happy Valley West provides an extensive amount of lushly landscaped open space and
recreational amenities (Exhibit D). The multi-family portion will include a large pool and
recreational / leasing center. The buildings are sited to form a garden-style layout with large
courtyards between the buildings. These courtyards all include large lawn areas with ramadas
and BBQ areas. Pedestrian walkways link each courtyard together and provide convenient
access to the commercial plaza to the north. Garage parking with the possibility of carriage
residential homes are located along the perimeter of the site.
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Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 5
IMENSIMODEM.
COMMERCIAL STANDARDS
C-1 CUPD
REGULATION BASE PROPOSED
Building Height 30 feet / 2 stories 35 feet / 2 stories
Front Setback 1 25 feet 25 feet except in the
(Monument Sign) event the Happy Valley
Road is realigned, in
which case the front
setback shall be 15 feet.
Front Setback 1 25 feet 25 feet except in the
(Buildings) event the Happy Valley
Road is realigned, in
which case the front
setback shall be 11 feet.
Walls & Screening Per MCZO Article 803.9.4 None except as required
by MCZO Section 1102
(Parking).
1 For purposes of this Plan of Development, the front of the lot shall be
considered to be that which abuts Happy Valley Road.
All other development standards for the C-1 Zoning District shall apply.
The Building Height CURD request of 35 feet is to allow the developer or architect the flexibility
of creating enhanced architectural elements.
The Building Setback CURD request is to accommodate the likelihood of a possible future
realignment of Happy Valley Road into the existing property boundary and closer to the
currently proposed buildings. At the time of publishing of this narrative, the proposed
realignment is based only on a feasibility analysis.
The Walls & Screening CUPD request allows the commercial parcel to enjoy views to the west
under the overhead powerlines. By placing a solid wall at the west boundary of the commercial,
this site will have a "cramped" feel. This part of the County has spectacular views of mountains.
The commercial site located at the north side of the subject site conceptually consists of 6
buildings loosely grouped in a U-shape facing out to Happy Valley Road. Together, these
buildings range in size from approximately 4000 to 13,393 square feet for a total of
approximately 49,666 square feet. This center will provide much needed neighborhood retail
space servicing both Vistancia to the north and the approved single-family residential projects
351868v3 5 10/13/2008

Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 6
west along Happy Valley Road. Extensive landscaped areas are provided along Happy Valley
Road, and on the west perimeter adjacent to the main entry drive. Pedestrian circulation
connects the multi-family to the south with the commercial site.
RELATIONSHIP TO SURROUNDING PROPERTIES
This site is ideally suited for a mixed commercial and retail use project as stated in the
approval from the City of Peoria in GPA 07-08. While the majority of the immediate area is
currently zoned Rural-43, this is not consistent with the emerging development pattern in the
area. The site is located at the intersection of two major arterials in the North Peoria area —
Happy Valley Road & Vistancia Boulevards. In addition, the close proximity to the Loop 303
(1/4 mile to the east) makes this site attractive for commercial uses and multi-family
development.
To the south of the site, the West Wing electrical substation sits on land that is lower in
elevation than Happy Valley West. The project will incorporate various measures into its
landscape theme and development wall to lessen the visual impact presented by the transmission
towers. These measures include limiting the number of units closest to the common property line
and by rotating the buildings so that the closest buildings side onto, instead of face, the
substation. Significant landscaping and setbacks have also been included to further minimize the
visual impact.
The commercial portion of the site would provide essential neighborhood services to this
emerging area since the nearest commercial development is located 2 1/2 miles to the east at Lake
Pleasant and Happy Valley Roads. By placing the multi-family behind the commercial, this
buffers the residential area from the impacts of locating adjacent to two major arterials, while
still providing convenient access via the interlinking pedestrian walkways.
The multi-family residential would provide housing within an area devoid of any multi-
family housing. With a maximum of 20.00 dwelling units per acre, the density is appropriate in
this location given the impacts imposed by the nearby Loop 303, Happy Valley Road, and
V istancia Boulevard.
GENERAL PLAN CONTEXT
There are two approved land use policy documents currently in effect for this site. The
first is the Maricopa County White Tank/Grand Avenue Area Plan. The second is the City of
Peoria General Plan. A Minor General Plan Amendment within the City of Peoria (City case #
GPA 07-08) was approved by the Peoria City Council on November 6, 2007. This amended the
Loop 303 Specific Area Plan Land Use Map from Low Density Residential (2-5 duJac), Medium
351868v3 6 10/13/2008

Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 7
Density Residential (5-8 du/ac) and Business Park Industrial (BPI) to Mixed Use —
Neighborhood Commercial and Park/Open Space.
A Minor Comprehensive Plan Amendment (CPA) rendered the site in conformance with
both the White Tank Area and Peoria General Plans and changes the site from the current Mixed
Use Employment to Neighborhood Retail Commercial (NRC) and High Density Residential
(HDR). This Amendment was approved by the Board of Supervisors on February 20, 2008.
LOCATION AND ACCESSIBILITY
This project is located in an unincorporated area between Surprise, Peoria, and Sun City
West. The nearest existing freeways are the Loop 303, one quarter mile to the east and the Agua
Fria Freeway (Loop 101), approximately 9 miles to the southeast. Interstate 10 is approximately
17 miles to the south and Interstate 17 is approximately 17 miles east of the site.
CIRCULATION SYSTEM
The site is immediately adjacent to Happy Valley Road, a partially completed major
arterial roadway. As part of this development, we will be completing the dedications, and
constructing improvements for the 75-foot south half of Happy Valley Road along our frontage.
These improvements will be constructed to meet Maricopa County and/or City of Peoria design
standards.
DEVELOPMENT SCHEDULE
The intention is to begin development of the site immediately after the necessary
approvals have been given, contingent upon market conditions.
For the entire Happy Valley West Mixed Use community, either the retail or multi-family
may be developed first depending on market conditions. In either event, the first one to develop
would be required to construct the private common access roadway and infrastructure adjacent to
the retail use's west boundary that provides full access to Happy Valley Road.
Phasing of the neighborhood retail use is designed so that each building is its own phase.
In other words, any building could be built first and combined with any other buildings to create
a consolidated phase. The multi-family residential units will be developed in no more than two
(2) construction phases. Each phase must provide for at least its own adequate open space,
stormwater retention and parking in accordance with the Maricopa County Zoning Ordinance.
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Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 8
COMMUNITY FACILITIES AND SERVICES
Schools
The project is within the Peoria Unified School District ("PUSD"). The nearest schools
are Vistancia Elementary located in the Vistancia master planned community, Zuni Hills
Elementary at 107th Avenue & Williams Road and Liberty High located in the 99th Avenue and
Deer Valley area. According to PUSD the current enrollment at Zuni Hills is 1070 and it has a
State-mandated capacity of 1264. Liberty High has a current enrollment of 600. We have met
with the PUSD and they indicate that students generated from this property will attend either
Vistancia or Zuni Hills Elementary Schools. A proposed new elementary school is slated to be
built in Vistancia during the 2008-2009 school year.
Fire Protection and Emergency Services
An agreement for fire protection has yet to be negotiated. The nearest fire protection
agency is the City of Peoria. Peoria's Mesquite Station (#195) is located at 23100 N. Lake
Pleasant Rd, a distance of approximately 3.3 miles to the east. Sun City West Fire Department
also provides fire protection through contract agreements for areas adjacent to Sun City West.
The nearest Sun City West fire station is located south of Deer Valley Road and west of
Litchfield Road, a distance of approximately 11.1 miles. On November 6, 2007, the applicant
met with senior representatives of the SCWFD to discuss the site plan and the possible future
annexation into the SCWFD boundary. SCWFD personnel advised us only on their design
criteria and no additional site plan comments were communicated. We are requesting that if
needed, a stipulation be included with this approval that allows entitlements to be acquired up to
but not including a building permit. If this property were to still exist in the unincorporated area
of Maricopa County after entitlements have been secured, then an executed fire service
agreement should be a stipulation prior to any building permit being issued. Otherwise, if
annexation does occur, then the City of Peoria Fire Department will provide protection and EMS
services.
Additionally, the developer/applicant of this project has recorded a secondary emergency
fire access roadway in the Recorder's office of Maricopa County (MCR-20071042614). This
provides a redundant route for emergency vehicles to access the multifamily portion of the
project.
Law Enforcement
The property is within the jurisdiction of the County Sheriffs office, whose substation is
located on Bell Road at El Mirage Road, approximately 12.2 driving miles from Happy Valley
West There are also Sheriff Posse units located in Sun City West and Westbrook Village, which
are both approximately 9 driving miles away.
351868v3 8 10/13/2008

Happy Valley 303 West
Rezoning / PPD Narrative
FINAL October 2008
Page 9
Dry Utilities
Dry utilities will be provided by the following entities: Electrical - APS, Gas - Southwest
Gas, Telephone - Qwest, and, Cable Television-Cox Communications. "Will serve" letters have
been provided to County Staff.
Water and Sewer
This site is within the service boundaries for American Water Company. Preliminary
discussions have been held regarding this development. Existing lines are located along the
north property line. Will-serve letters have been issued for both water and wastewater services
thus securing adequate availability to the site.
CONCLUSION
Happy Valley West is a well designed mixed use project. This project conforms to the
goals and objectives of the recently amended Peoria General Plan (GPA07-08). This zoning
request is also consistent with the recently approved Comprehensive Plan Amendment (CPA
200703), changing the White Tanks/Grand Avenue Plan to Neighborhood Retail and High
Density Residential. As previously noted, the site is impacted by the freeway alignment,
electrical transmission facilities, and the Happy Valley Road intersection. In addition, this
project will provide services to an area dramatically underserved by the lack of commercial and
multi-family residential facilities in the area.
351868v3 9 10/13/2008

Happy Valley 303 West Map

•
Professional
Ser.ices. j_I„C
Ct1 Engineering *.
Land Sur, eying
Project ‘lannemen!
•
REVISED JUNE 02, 2008 •
MARCH 6, 2008
JOB 74 06173
LEGAL DESCRIPTION
.RESIDENTIAL PARCEL ZONING BOUNDARY
A PARCEL OF LAND LOCATED WITHIN THE SOUTHWEST QUARTER OF
SECTION 1. TOWNSHIP 4 NORTH. RANGE I WEST, OF THE (ILA AND SALT
RIVER ar\SE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION I, BEING A
GLO STONE. FROM WHICH THE SOUTHEAST CORNER THEREOF, BEING A
'vi ARICOPA COUNTY ALUMINUM CAP FLUSH, BEARS NOR EH 89 DEGREES 44
MINUTES 51 SECONDS EAST, A DISTANCE OF 2.632.00 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 20 SECONDS WEST, ALONG THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1, A
DISTANCE OF 732.36 FEET TO THE EA'1 LINE OF AN ELECTRIC EASEMENT
DESCRIBED IN INSTRUMENT -;90 - 465188, IN THE OFFICE OF 1 fIE .NIARICOPA
COUNTY RECORDER;
THENCE NORTH 00 DEGREES 09 MINUTES 53 SECONDS WEST, -ALONG SAID
EAST LINE AND DEPARTING SAID SOUTH LINE, A DISTANCE OF 426.75 FEET;
THENCE NORTH 13 DEGREES 16 MINUTES 20 SECONDS EAST, CONTINUING
ALONG SAM EA.ST LINE, A DISTANCE OF 364.02 FEET;
THENCE NORTH 00 DEGREES 06 MINUTES 42 SECONDS WEST, DEPARTING
SAID EAST LINE, A DISTANCE OF 473.58 FEET;
THENCE NORTH 89 DEGREES 53 MINUTES 34 SECONDS EAST„k DISTANCE
OF 29.63 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
NORTHERLY, OF WHICH THE RADIUS BEARS NORTH 00 DEGREES 00
MINUTES 55 SECONDS EAST„A DISTANCE OF 1,565.00 FEET;
I rcif.0.6 1 73_,REC_PARCE; _Zr)NIN0-RF.V-0-6frOS floc
6225 North 241b Sireet, Stare 200 • Phoenix „AZ 85016 f02.954,0038 Phone • •602.944,N605
!".

1. •
THENCE EAS FERL Y ALONG [HE ARC OF SAID CURVE TO THE LEFT.
1 HROUGII A CEN -FRAL ANGLE OF 02 DEGREES 51 \IINL 1 ES 08 SECONDS— A.
DISTANCE OF 7 7.91 FEET:
THENCE SOUTH 00 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF
52.59 FEET;
THENCE SOUTH 89 DEGREES .35 'MINUTES 56 SECONDS WEST. A DISTANCE
OF 39:01 FEET;
THENCE SOUTH 00 DEGREES 06 MINUTES 42 SECONDS EAST„A DISTANCE OF
413;25 FEET; .
THENCE NORTH 89 DEGREES 32 MINUTES 21 SECONDS EAST, A DISTANCE
OF 576.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF
SECTION I, TOWNSHIP 4 NORTH, RANGE 1 WEST. OF THE GILA AND SALT
RIVER BASE AND MERIDIAN_ MARICOPA COUNTY, ARIZONA:
THENCE SOUTH 00 DEGREES 24 MINUTES 04 SECONDS EAST. Al. ONG SAID
EAST LINE, A DISTANCE OF 78s.71 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED.
CONT.A.1-NING 593,609 SQUARE FEET OR 13.6274 ACRE_ OR LESS.
AProjecs,(161 73:,,Legals',S61 73 _RES _PARCEL _ZON iN(.1-1z -064)1 C; 8 oc

*PROPOSED 65'
RIGHT-OF—WAy
RADIAL BEARING
Noon0'55"E
HAPPY VALLEY
N.T.S. ROAD L5
RIGHT— OF— WAY
'NOTE:
THERE ARE CURRENTLY NO
RECORD DOCUMENTS THAT
oo DESCRIBE THIS ALIGNmENT.
1
/ ELECTRIC EASEMENT z/N L9
INST 90-465183(
. „ . RESIDENTIAL PARCEL UNSUBDIVIDED NOT—A—PART
593,609 SOFT.
LEGEND OR 13.6274 ACRES,
MORE OR LESS.
INST — . 1\ISTRUMENT
— MARICOPA
COUNTY
RECORDS POINT OF BEGINNING
SOUTH QUARTER CORNER (BASIS OF Br APiNG)
OF SEC TI,ON 1 N89'44'51 "E
TOWNSHIP 4 NORTH, 2632.00'
RANGE 1 WEST
FOUND g_Ci STONE
Ll
INE TABLE SOUTHEAST CORNER
BEARING DISTANCE OF SECTON 1
I Li S 95 '20-' 732.36' TOWNSHIP RANGE 4 NORTH, 1 WEST
L2 N 4-26.75' ‘FOUND MARICOP A COUNTY
L3 N13'16'2O'E . ALUMINUM CAP
it L4 NO 06.42W
IL N89-5 4”E 29.63'
L6 SOT .2- 52.5 CURVE TABLE
58935'56"W 39.01' CURVE RADIUS I LENGTh, DELTA TANGENT
SO0'06' 413.25' CI. 0565,001 77.91' 251'05- 38.96 I
788.71'
HAPPY VALLEY WEST
AZ RESIDENTIAL PARCEL ZONING BOUNDARY !, A
FrA., • MAR!COPA COUNTY. .,1.RIZONA
I 7 .""P.O.J, NO 1

Professional
Services. LLC
Civil Engineering,
Land Surveying
Project Management
REVISED APRIL 21. 20()8
M.A.RCH 6, 2008 -
JOB 00173
LEGAL.. DESCRIPTION
RETAYL ; CO:\ INIERCIAL PARCEL ZONING BOUNDARY
A PARCEL OF LAND LOCATED WITHIN THE SOUTHWEST Q UARTER OF
SECTION E TOWNSHIP 4 NOR III RANGE I WEST, OF Till GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUiNTY, ARIZONA, NIORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION
131:ING A GEO SAONE, EROM WHICH ME SOC FIlEAS1 CORNER 1111 RIOT
BEING A MARICOPA COUNTY ALUMINUM CAP FLUSH. BEARS NORTH 89
DEGREES 44 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.632_00 FEET:
THENCE NORTH 00 DEGREES 24 MINUTES 04 SECONDS WEST, ALONG THE
EAST LINE OF FHE SOUTHWEST QUARTER OF SAID SECTION I . A DISTANCE
OF 788.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
THENCE SOUTH 89 DEGREES 32 MINUTES 21 SECONDS WEST, DEPARTING
SAID EAST LINE, A DISTANCE OF 576.02 FEET;
THENCE NORTH 00 DEGREES 06 ivIINUTES 42 SECONDS WEST, A DISTANCE
OF 418.25 FEET;
TRENCE NORM 89 DEGREES 35 MINUTES 56 SECONDS EASI, A DISTANCE
OE 01 FEET:
THENCE NORTH 00 DEGREES 06 MINUTES 42 SECONDS WEST, A DISTANCE
OF 15'2 59 FEET TO THE BEGTN-NING OF A NON-T.ANGENT CURVE. CONCAvE
NORTHERLY, OF WHICH THE RADIUS BEARS NORTH 02 DEGREES 50
MINUTES 14 SECONDS WEST. A DISTANCE OF 1,565,00 FEE
Troi \ Legal 061 .73__RETAi L ECALNI _ EL I -C,42.10g thys.
6225 North 24th Street. Suite 2(A., Phoeilix, AZ 85016 61)2,954.0038 phore 60'44O5 F

,
*PROPOSED 65'
RIGHT—OF— WAY
*PROPOSED 65'
RIGHT—OF— WAY
RADIAL BEARING (NOTE:
NO250' 13"W THERE ARE CURRENTL Y NO
2009'11" RECORD DOCUMENTS THAT
R=1565.00'. DESCRIBE THIS ALIGNMENT.
oD
UN SU BDI VIDED
RETAIL / COMMERCIAL PARCEL NOT—A—PART
291,312 SO. FT.
OR 6.5876 ACRES,
MORE OR LESS.
UNE TABLE
LINE BEARING DISTANCE
Li Na 9'35' 56"E 39.01' POINT OF
L2 NO0'06'42" W 5 2. 59' BEGINNING
S89.32' 21 . `01 576.02' EL
tr)
POINT OF COMMENCEMENT . (BASIS OF BEARING).
SOUTH QUARTER CORNER N 89'44' 51 "E
OF SECTION 1
TOWNSI-IIP 4 NORTH, / 2632.00'
RANGE 1 WEST 0
FOUND G_.0 STONE
SOUTHEAST CORNER
OF SECTION 1
TOWNSHIP 4 NORTH,
RANGE 1 WEST
FOUND M AR ICOPA COUNTY
ALUMINUM CAP
HAPPY VALLEY WEST
FJ7= 14, 8 , :6 RETAIL COMMERCIAL PARCEL ZONING BOUNDARY
CCOEUEPOE TERM Of ,r•er.,:.;-:n......;46.05 MARICOPA COUNTY, ARIZONA
DE1 Services. Professional I-I.-C. DATE aIZE T.S Flit. SEE Rra,ir

PRECISE PLAN OF DEVELOPMENT FOR
HAPPY VALLEY 303 WEST
COMMERCIAL SITE PLAN
# Z2007036
,
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toottodolo. 42 88280
Contoo1, Todd Skate
Phone, 400-781-14104
1144411 Iseeteeseveneortmertohlkeorn
CAVAN
At2 COMMERCIAL

...
PRECISE , . . PLAN OF DEVELOPMENT .. _ ._..... ,.. .. FOR _ .
- ,,, -------- .„, - HAPPY VALLEY 303 WEST
N•S \ I N.. /. RESIDENTIAL SITE PLAN
.. - — - —. -I • . .. . ,. CASE # Z2007036
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SITE DATA
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Mancopa County
Planning & Development Department
n01 North 4-0' Street, Suite 100 TO: Distribution Listed Below
'hoentx, Arizona 85008
'hone: (602) 506-8520
-ax: (602) 506-8369 FROM: John R. Verdugo, AICP, Senior Planner
sww.maricopa.gov/planning Robert H. Kuhfuss, AICP, Senior Planner
DATE: April 9, 2007
SUBJECT: CPA200703 (Comprehensive Plan Amendment, (Happy Valley 303 West)
Z2006069 (Zone change for Happy Valley 303 West)
1. CPA Application & Narrative
2. Zoning Application & Narrative
3. Site Plan
4. Landscape Plan
5. Elevations
A technical advisory committee (TAC) meeting will be held to discuss this case on Tuesday,
May 15, 1:45 P.M. at the Maricopa County Planning and Development Department. Please
note our office is now located at 501 North 44th Street, Suite 200, in Phoenix.
You or your authorized representative are invited to attend this TAC meeting and to prepare
and submit written comments and recommendations regarding this amendment request. If
you are unable to attend, please submit your written comments and recommendations to me
prior to this meeting. If you have any questions regarding this meeting, please feel free to
contact John at (602) 506-8520 or via email at mailto:johnverdugo(amail.maricopa.gov, or
Rob at (602) 506-6533 or via email at robertkuhfussmail.maricopa.gov .
DISTRIBUTION
Gerald Toscano, MCDOT(memo only) 6 ADEQ (1,2 & 3)
Wes Shonerd, Memo only(memo only) • SHP() (1,2 & 3)
Bill Poppe, Drainage Admin. (memo only) MAG (1,2 & 3)
• Pete Martinez, Drainage (memo only) BLM (1,2 & 3)
• Terri Hogan, Current Planning (memo only) o City of Peoria (1,2,3,4,& 5)
• Michele Kogl, MDOT (memo only) • City of Surprise (1,2,3,4,& 5)
6 Kathy Mendoza, FCD (memo only) • Peoria Unified School Dist. (1,2 & 3)
• John Padilla, MCDEM (1,2 & 3) o Luke AFB (1,2 & 3)
• Ian Thompson, MCSO (1,2 & 3) • Rural Metro (1,2 & 3)
o Rick Creakman, Library Dist. (1,2 & 3) o APS (1,2 & 3)
• Kristen Mohamed, Parks (1,2 & 3) • PORA (1,2 & 3)
6 AZ State Land Dept. (1,2 & 3) • Mining District (1,2 & 3)
• ADOT (1,2 & 3) • Brad Kempf-applicant (memo only)
• AZ Game & Fish (1,2 & 3)

Maricopa County
Public Works
.NG1 RING DIVISION . 4 7 10ILANDUA
DATE: September 29, 2008
TO: Robert Kuhfuss
Maricopa County Department of Planning and Development
FROM: Nlichele Kogl, P.E., Engineering Manager
SUBJECT: Zoning Case Z 2007-36, Re-submittal, Cavan Commercial Project
As requested, the Department of Transportation (MCDOT) has reviewed the revised
development plan covered by Zoning Case Z 2007-36, received August 8, 2008.
MCDOT recommends approval of the zoning case, subject to the following stipulations:
1). Provide a total half-width of 75 feet of right-of-way on Happy Valley Road (straight
from the west boundary).
2) The project shall comply with all recommendations in the MCDOT-approved
. Traffic Impact Study (TIS).
3) The project shall contribute 25°/6 of the cost of traffic signalization for the
intersection of Happy Valley Road and Vistancia Boulevard.
4) The project will enter into a pre-annexation agreement with the City of Peoria. The
details of construction, or bonding, for ultimate half-width improvements on Happy
Valley Road shall be determined by the City of Peoria.
5) Any landscaping in county right-of-way shall comply with MCDOT requirements.
6) The current "secondary access" located along the north property boundary of the
Cavan property (cast driveway on Happy Valley Road) will continue to act as the
secondary access with the current roadway configuration. However, when the
realignment occurs and Vistancia Boulevard is carried south along the Cavan
property's east boundary, the project will have an access along the east boundary
onto Vistancia Boulevard. At such time, the second (east) driveway onto Happy
Valley Road will likely become restricted or be eliminated.
MK:mk
Q: \FORMS \MCDOT linked-docs \MCDOT 09-29-2008 Z2007-36 Re-submittal Cavan Commercial
Pro ject.doc

Maricopa County
Environmental Services Department
N11.1111111.1.11.01111111
Nater and Waste Management DATE: April 11, 2007
!)ivision
'lubdivision Infrastructure &
'tanning Program TO: Matthew Holm, Principal Planner, Planning & Development Dept.
1001 llaocnix, N. Central Arizona Avenue 85004 #150 Robert Kuhfuss, Senior Planner; Planning & Development Dept.
! . hone: (602) 506-0376
Hlax: rDD (602) 602 506 506-5813 6704 FROM: Wesley A. Shonerd, P.E.
Engineering Program Manager
SUBJECT: Happy Valley West Comprehensive Plan Amendment (CPA200703)
and rezoning (Z2007036)
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Zoning Department for
the above referenced project. These projects request approval of a Comprehensive
Plan Amendment (CPA) and rezoning for a proposed multiuse facility. The proposed
project is located just west of the southwest corner of Vistancia Boulevard and
Happy Valley Road near north Peoria. The CPA will change the current site
categories to 7.249-acres of Neighborhood Retail Center and 12.83-acres to High
Density Residential. The northern half (7.249-acre parcel) of the property will be
developed into a retail and commercial shopping center. The remaining parcel will be
for a two and three story residential project. According to the submitted
documentation, Arizona-American Water Company will provide both potable water
and sanitary sewer services for this facility.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Permits Plus on April 11, 2007 and will allow the projects to proceed
at this time subject to the following stipulations:
Stipulations: None
It should be noted that several other Maricopa County agencies must review and
recommend approval of this project. Final approval authority for this project rests
with the Maricopa County Board of Supervisors.

Maricopa County
Planning & Development Department
John Ivanoff, P.E.
Planning & Devehipment Date: September 3, 2008
501 North 44'5 Street, Suite 200
Phoenix, krizona 85008
Phone (602) 5(16-7151
Fax: (6(12) 54)6-8762
ernad www.maricopa address: gov/planning MEMO TO: Darren Gerard, Deputy Director, Department of Planning & Infrastructure
johnivanoffAmail.maricopacm Development
Attn: Robert Kuhfuss, Senior Planner, AICP, Planning and Zoning Division
FROM: John Ivanoff, P.E., Engineering Plan Reviewer, Planning and Development
VIA: William Haas, P.E., Plan Review Supervisor, Planning and Development
Subject: Z2007036 (Zone Change, Happy Valley West, Site Plan, Preliminary G&D Plan and
Drainage Report, Dated 8/8/ 2008)
We have reviewed the Master Site Plan, Preliminary G&D Plan and Preliminary Drainage
Report (Dated 8/8/08) and recommend approval to P&Z.
"All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the time of
application for construction."
"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 the Drainage Regulation and design policies and standards."
If you have any questions please feel free to call me. Thanks.
JGI

Flood Control District
of Maricopa County
INTEROFFICE MEMORANDUM
Date: August 27, 2008
To: Darren V. Gerard, AICP, Deputy Director
Maricopa County Planning & Development Department
Attn: Robert Kuhfuss, AICP, Senior Planner, Project Management Division
From: Cliff DeVlieg, CFM, Hydrologist, Floodplain Mgmt. & Services Division
Via: Kelli A. Sertich, AICP, CFM, Floodplain Mgmt. & Services Division Manager
Subject: Z 07-036 (Happy Valley West — Floodplain Review)
(Revised Grading Plan and Drainage Report received @, FCD on August 8, 2008)
The subject property is not within a delineated 100-year floodplain. The proposed use would not be
in conflict with any existing or proposed Flood Control District projects. We have no objections to
the subject request.
Other details of this plan have not been reviewed, nor have we determined whether this
development meets current drainage design standards, but rather we rely on the expertise at the
Planning & Development Department to provide such review. Any comments that we provide or
information contained herein relates to the interaction of this project with District-managed
floodplains and projects, or special problems or concerns that we may be aware of in this general
vicinity within the Flood Control District's scope of jurisdiction.
If you have any questions, please contact me at (602) 506-0282.
CLD/ag
Copy to: William Haas, P.E., CFM, Drainage Engineering Supervisor, MCP&D
Gerald Toscano, P.E., MCDOT
2801 West Durango Street Phoenix, Arizona 85009 Phone: 602-506-1501 Fax: 602-506-4601

MARICOPA I NTY LIBRARY DISTRICT
Administrative Office
2700 N. Central Ave, Suite 7000
Phoenix, AZ 850044140
hftp://mcld.maricopa.gov
RECE1NED A.PR 1 7 211321
Re: CPA200703/Z2007036 (Happy Valley 303 West)
Date: April 13, 2007
The Library District attempts to meet customer needs based on generally accepted
standards for quality library service. The needs of unincorporated areas within the
county for library services are currently fully the responsibility of the District. We strive
to be good stewards of these areas recognizing that they may ultimately become part of
cities and/or towns. We plan service in these areas using the number of housing units
being constructed and the population multiplier for the appropriate type of dwelling. We
use standards that were developed by HBW Associates, Inc. and the Maricopa County
Library District through its experience in opening new facilities.
Based on the Library District's standards, we are requesting that a stipulation be added.
"A quality of life assessment of $596 for each housing unit built is made available to
the Maricopa County Library District."
This is a standard quality of life assessment being requested from similar planned
communities. These funds will be set aside for future library service provided by the
district or transferred to the municipality that may incorporate the development.
Distribution
Bill Scalzo
Harry Courtright
Matt Holm

%um
%am
n••••
RECEIVED
nn•=si John Verdugo, AICP, Senior Planner
Departhent of Planning and Development • R 3 0 Z007
Maricopa County .
Arizona ® 501 North 44th Street, Suite 100 BY:
3tate Parks Phoenix, AZ 85008
RE: CPA200703 & Z2007036, Happy Valley 303 West
SHPO-2007-0737 (32807)
Mr. Verdrago:
Janet Napolitano
Governor Thank you for consulting with the State Historic Preservation Office regardin
State Parks the above referenced proj eels. We appreciate your cooperation with this office in
Board Members considering the irriyiacts of development on cultural resources situated in Arizona.
Chair We recommend that a qualified cultural resources specialist inspect the Happy
Jilliam C. Corciasco Valley 303 West project area to determine the presence or absence of historic
Flagstaff properties (i.e., any prehistoric or historic district, site, building, structure,
Arlan Colton traditional cultural place, or object included in, or eligible for inclusion in the
Tucson National or State Registers of Historic Places).
William C. Scalzo
Phoenix Based on our records, the area constituting the Happy Valley 303 West project
Reese Wo od lin g area has not been inventoried and should be inspected for cultural resources.
T ucs o n We would appreciate an adequate opportunity to review the cultural resources:
survey report (i.e., 30 days) and again offer recommendations prior to any
acey Westerhausen Phoenix development. If warranted by the survey results, this office may recommend that
archaeological testing be performed to evaluate the potential impacts of
William C. Kingman Porter development on cultural resources or to establish their eligibility for inclusion in
the National or State Registers of Historic Places. If historic properties cannot be
Mark Winkleman avoided by development activities, then we may further recommend that a data
Commissioner State Land recovery (excavation) program be implemented or that archaeological monitoring
take place during construction.
Kenneth E. Travous
Executive Director
Arizona State law A.R.S. § 41-865) requires that if human remains or burial
Arizona State Parks goods are encountered during any ground-disturbing activities on private lands,
1300 Phoenix, W. Washington AZ 85007 work in the immediate vicinity must cease and the Director of the Arizona State
al & Try: 602.542.4174 Museum promptly notified. One of the main advantages of sponsoring a cultural
www.azstateparks.com resources survey would be to determine the likelihood of burials being
- 800.285.3703 from encountered during construction.
(520 & 928) area codes
General Fax: If a federal permit is required [e.g.,•a Section 404 permit from the Army Corps of
602.542.4180 Engineers], the applicant should be aware that any archaeological work
Director's Office Fax: performed Must meet the Sedretary Of Interior's Standards, and will be reviewed
' 602.542.4188 by the federal agency pursuant to Section 106 of the National Historic

Page 2, Verdugo
April 25, 2007
Preservation Act as implemented by 36 CI-R. Part 800. If such federal
involvement is anticipated, we strongly urge the project proponents to contact the
federal agency as soon as possible to obtain information on the requirements for
projects that may involve cultural resources. Federal involvement entails
compliance and review considerations different from the State Historic
Preservation Act and must be addressed before development can begin.
If you have any questions or comments, please contact me at (602) 542-7140 or
electronically via djacobsasr.state.az.us .
Sincerely,
David Jac bs
Complian e Specialist/Archaeologist
State Historic Preservation Office

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
27 April 2007
Mr. James R. Mitchell
Director, Community Initiatives Team
56th Fighter Wing
14185 West Falcon Street
Luke AFB AZ 85309-1629
Mr. John Verdugo and Mr. Robert Kuhfuss, Senior Planners
Maricopa County Planning & Development Department
501 North 44th Street, Suite 100 -
Phoenix AZ 85008
Re: Case #CPA200703 and Z2007036 Happy Valley 303 West
Dear Mr. Verdugo and Kuhfuss
Thank you for the opportunity to provide comments on the Comprehensive Plan
Amendment (CPA) and Zone Change Applications for the Happy Valley 303 West
Development. Happy Valley 303 West is located on 20.07 gross acres at the southwest corner of
Vistancia Boulevard and Happy Valley Road. The request is to rezone from Rural Residential
and Mixed Use to Neighborhood Retail and High Density Residential (greater than 15 units per
acre). The CPA will allow for a neighborhood retail center on 7.249 acres and high density
residential on 12.83 acres. This development is located approximately 7 miles outside the 1988
JLUS 65 Ldn, "high noise or accident potential zone" as identified by A.R.S. § 28-8461 and is
outside the "territory in the vicinity of a military airport" also defined by A.R.S. § 28-8461.
Luke AFB follows the guidelines in the Graduated Density Concept (GDC). The GDC
proposes, in the absence of a more restrictive state. county or municipal general or
comprehensive plan, graduating densities away from the 65 Ldn as follows: a maximum of 2
du/acre from the 65 Ldn to 1/2 mile, a maximum of 4 du/acre from 1/2 mile to 1 mile and a
maximum of 6 du/acre from 1 to 3 miles. Valley 303 West meets these guidelines. As
described, the CPA and Zone change will not negatively impact the flying operations at Luke
AFB.
Even though this development will be located outside the "territory in the vicinity of a
military airport," it will be subjected to noise from approximately 165 over flights per day, with
some as low as 1,500 feet above the ground. We recommend you review the sound attenuation
requirements found in A.R.S. § 28-8482. In addition, a strong notification program on the part
of the applicant is essential to inform potential tenants and residents about Luke AFB operations.
We also recommend a review of the Luke AFB web site at http://vvww.luke.af.rnil, Community
Interests and Community Initiatives links, for further information.

If you have any questions, please contact my Community Planner, Mr. Bob Dubsky, at
(623) 856-6195.
Sincerely
JAMES R. MITCHELL
cc:
Colonel David L. Orr, Vice Commander, 56th Fighter Wing

Planning tit ueveiopment
Department
SHOP
March 4, 2008
Mr. Stephen Anderson
Gammage & Burnham
2 N. Central Ave., 18th Floor
Phoenix, AZ 85004
SUBJ: Maricopa County Zoning Case CPA200703
On February 20, 2008, the Maricopa County Board of Supervisors (BOS) approved your request
for a Comprehensive Plan Amendment Plan for Happy Valley 303 West. This site involves 20
acres located south of Happy Valley Road and west of Vista ncia Blvd, as shown on the attached
case map.
Approval is subject to the following stipulations:
a. Development shall comply with the Comprehensive Plan Amendment document
entitled "Happy Valley West Major Comprehensive Plan Amendment", a bound
document, dated October, 2007, and stamped received October 15, 2007,
including all exhibits, maps, and appendices, except as modified by the following
stipulations.
b. Changes to the Happy Valley West Comprehensive Plan Amendment with regard
to use and intensity, or the stipulations approved by the Maricopa County Board
of Supervisors, shall be processed as a revised application with approval by the
Board of Supervisors upon recommendation of the Commission. Revised
applications shall be in accordance with the applicable Comprehensive Plan
Amendment Plan Guidelines, zoning ordinance, and subdivision regulations in
effect at the time of amendment application. Non-compliance with the approved
Happy Valley West Comprehensive Plan Amendment, including the narrative
report, maps, exhibits, or approved stipulations, constitutes a violation in
accordance with the Maricopa County Zoning Ordinance.
c. The precise plan of development for the Happy Valley West Major
Comprehensive Plan Amendment shall be approved by the Board of Supervisors
within five (5) years of approval of this comprehensive plan amendment. If the
precise plan of development has not been approved within this timeframe, this
comprehensive plan amendment shall be scheduled for public hearing by the
Maricopa County Board of Supervisors, upon recommendation by the Maricopa
County Planning and Development Department, for possible revocation of this
major comprehensive plan amendment. If revoked, all zoning and other
entitlement changes approved that are associated with the Happy Valley West
Comprehensive Plan Amendment shall also be considered for revocation by the
501 North 44th Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

-
03/04/2008
CPA200703
Board of Supervisors, upon recommendation of the Commission, to the previous
entitlements.
d. The property owner and their successors waive claim for diminution in value if
the County takes action to rescind approval of this comprehensive plan
amendment due to non-compliance with any of the approved stipulations or
other conditions of approval.
e. The total number of residential units shall not exceed 250 dwelling units.
f. Prior to approval of any zone change, the applicant shall provide the Maricopa
County Planning and Development Department with a signed and recorded pre-
annexation agreement with the City of Peoria. This pre-annexation agreement
shall be signed by the Happy Valley West developer and the City of Peoria.
g. The following MCDOT stipulations shall apply:
1. Amend the Cavan Commercial Project site plan to accommodate the
future realignment of Happy Valley/Jomax Road with Vistancia Boulevard.
This realignment will have Jomax Road from the west come off alignment
in a southeasterly direction and tie into Happy Valley Road that is built
west of current Vistancia Boulevard. Specifically, the realignment will
have Happy Valley/Jomax Road west of the Cavan property continue due
east and reconnect with the existing Happy Valley alignment as the
through movement in the general area where existing Vistancia
Boulevard connects with Happy Valley Road. It is planned that Vistancia
Boulevard will cross Happy Valley/Jomax Road east of the Cavan
property. The plan shall accommodate the future alignment of Happy
Valley Road. Specific right-of-way need and dedication shall be
determined at the time of the zoning case.
2. It should be noted, that the current "secondary access" located along the
north property boundary of the Cavan property (east driveway) will
continue to act as their secondary access with the current roadway
configuration. However, when the realignment occurs and Vistancia
Boulevard is carried south along the Cavan property's east boundary, the
developer will have an additional access along their east boundary onto
Vistancia Boulevard. The site plan should be amended to show where
this future access will be.
3. Provide traffic study or analysis discussing turning movements into and
out of Happy Valley Road access.
4. The east access on to Happy Valley Road shall need to be right in/right
out only.
5. The Cavan Commercial Project will be responsible, for ultimate half-width
improvements including curb, gutter, sidewalk, and paving, for the
ultimate design of Happy Valley Road. Details of the actual construction,
501 North 44th Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

03/04/2008
CPA200703
or possible bond for these improvements, will be decided and approved
by MCDOT in the future.
h. That the following Maricopa County Library District stipulation shall apply:
A quality of life assessment of $596 for each housing unit built is made available
to the Maricopa County Library District.
i. The following Drainage Administration stipulations shall apply:
1. All development and engineering design shall be in conformance with the
Drainage Regulation and current engineering policies, standards and best
practices at the time of application for construction.
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 the
Drainage Regulation and design policies and standards.
That the following Sheriff's Office stipulation shall apply:
Prior to any final plat or precise plan, the master developer shall enter into a
development and Law Enforcement Services agreement with the Maricopa
County Sheriff's Office (MCSO) to provide law enforcement 5ervices to the
development and surrounding areas. This development and Law Enforcement
Services agreement shall include, but not necessarily be limited to, the master
developer's requirement to pay their proportionate share for start up costs
(vehicle purchase and patrol equipment, e.g. radios, tasers and vehicle laptops)
and interim fees for law enforcement services with the property unless it is
annexed into an incorporated municipality or until a full law enforcement service
contract is otherwise implemented. This development agreement may also
include, but not necessarily be limited to, the master developer's requirement to
donate at no cost to the county, for use by the Maricopa County Sheriff's Office,
their proportionate share of separate office space complete with tenant
improvements or land (the size to be determined in the development and Law
Enforcement Services agreement), or payment of fees when a permit is issued,
for the Sheriff's Office to conduct day-to-day business related to providing law
enforcement services to the development and surrounding areas. The office
space complete with tenant improvements per Maricopa County Sheriff's Office
requirements and associated parking or land shall be provided not later than two
(2) years from the opening of the first home (dwelling unit) within the
development, or as agreed to in the development and Law Enforcement Services
agreement. The developer(s) who incur the above Sheriff's Office costs shall be
eligible for reimbursement from other service area developers, with the rate of
reimbursement defined in the development agreement. This stipulation shall be
modified should a Sheriff's Office Impact Fee be enacted by the County. This
development and Law Enforcement Services agreement shall include the terms
listed in this stipulation unless otherwise mutually agreed to by MCSO and the
501 North 44th Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

03/04/2008
CPA200703
master developer and the Maricopa County Sheriff's Office and provided to the
Maricopa County Planning and Development Department for public record.
k. The following SHP° stipulation shall apply:
An archeological survey of the subject property shall be conducted prior to
approval of any preliminary plat to locate and evaluate any cultural resources on
the site. Once complete, a report of the results shall be provided to the Arizona
State Historic Preservation Officer for review and comment before any ground
disturbing activities related to development are initiated. The applicant shall
perform an archeological analysis to evaluate the eligibility of cultural resource
sites for the National or State Register of Historic Places. If Register eligible
properties cannot be avoided by development activities, then the Arizona SHP°
shall determine if a data recovery (excavation) program is necessary. Should
federal permits be required for the project, then any archeological work
performed must meet the Secretary of Interior Standards, and will be subject to
the National Historic Preservation Act.
The following Luke Air Force Base stipulation shall apply:
The residential leasing agency shall notify future tenants that they are located
near a military airport with the following language:
"You are locating in a residential dwelling outside the "territory in the vicinity of
a military airport," however aircraft flying in this area are authorized to fy as low
as 1,500 feet above the ground. You will be subject to direct overflights and
noise by Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes an average of approximately 165 overflights per
day. Although Luke's primary flight paths are located within 20 miles from the
base, jet noise will be apparent throughout the area as aircraft transient to and
from the Barry M. Goldwater Gunnery Range and other flight areas.
Luke Air Force Base may launch and recover aircraft in either direction off its
runways oriented to the southwest and northeast. Noise will be more noticeable
during overcast sky conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until
approximately midnight, Monday through Friday, but some limited flying will
occur outside these hours and during most weekends.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and
Development Department."
Such notification shall be permanently posted on not less than a 3 foot by 5 foot
sign in front of all leasing offices and be permanently posted on the front door of
all leasing offices on not less than 81/2 inch by 11 inch sign.
501 North 44th Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

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03/04/2008
CPA200703
Please feel free to call me if you have any questions at 602-506-8520,
Sincerely,
John R. Verdugo, AICP, Senior Planner
Maricopa County Planning and Development
Matt Holm, AICP, Principal Planner
Maricopa County Planning and Development
501 North 44th Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369