DEVELOPMENT MASTER PLAN: DMP2008003CASE NUMBER:&NB - DMP2008003 SHORT REPORT 08-06-08 DRAFT.DOC
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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Commission Hearing Date: July 24, 2008 Board Hearing Date: August 20, 2008 Case #: DMP2008003 - Walden Ranch Agenda Item: 6 Supervisor District: 4 Applicant: Coe & Van loo Consultants, LLC Owner: Danville Land Investments, LLC Request: Major amendment to the Walden Ranch Development Master Plan (DMP) Site Location: Located approx. between the Peak View Rd., Lone Mountain Rd., 211th Ave. and Crozier Rd. alignments in the Wittmann/Surprise area Site Size: 521 gross acres Density: 3.0 d.u./ac. (approx. 3.5 d.u./ac. for residential parcels) County Island Status: N/A County Plan: The is an amendment to the previously approved DMP for Walden Ranch. Municipal Plan: The Surprise General Plan designates the site for Rural-Residential (0-1 d.u./ac.) The proposal does not comply with this plan. However, the City is supportive of the DMP amendment. Municipal Comments: One letter in support from the City of Surprise. Support/Opposition: One e-mail message in opposition Existing On-Site and Adjacent Zoning and Land Use: On-site Rural-43 / Vacant North: Rural-43 / Vacant; scattered large-lot single-family residential; small-lot residential development in unincorporated community of Wittman South: Rural- 43 / Vacant; scattered large-lot single-family residential and rural uses; Vida del Sol Estates (existing large-lot development, not built) East: Rural-43 / Vacant; scattered large-lot single-family residential; Churchill South 2 (existing large-lot single-family residential, sparsely built) West: Rural-43 (small parcel with MHR overlay) / Vacant; scattered large-lot single-family development Staff Recommendation/s: Approve subject to stipulations ‘a’ – ‘hh’ for the following reasons: There are no objections from County reviewing agencies. Staff believes the proposed amendments do not significantly alter the overall character or land use designations of the original DMP. Additional Comments: Staff recommended stipulations ‘a’ through ‘hh’ were modified by the Commission action. The Commission action modified the staff recommended stipulations ‘a’ – ‘hh’ by revising stipulations ‘e’ and ‘g’ as shown below in legislative edit: e. If the initial final plat has not been approved within two (2) four (4) years from the date of Board of Supervisors approval of this amendment, this development master plan will be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revocation of the adopted development master plan. Further, should this development master plan be rescinded, all zoning and other entitlement changes approved as part of the Walden Ranch Development Master Plan shall also be considered for reversion by the Board of Supervisors and upon recommendation of the Commission, to the previous entitlements. g. Prior to approval of any zone change for the Walden Ranch Development Master Plan, the master developer shall provide the Maricopa County Planning and Development Department with a pre-annexation services and development agreement with letter from the City of Surprise, which identifies their intention to provide water and/or wastewater services to the property. This pre-annexation agreement shall be signed by both the Walden Ranch master developer and the City of Surprise. the wastewater solution for Walden Ranch and affirms the City’s intention to provide wastewater services to the property. Commission Recommendation: Approve by unanimous vote of 7-0 subject to the following stipulations ‘a’ – ‘hh’: a. Development shall comply with the Development Master Plan document entitled “Walden Ranch Development Master Plan Amendment”, a bound document, dated April 30, 2008 and stamped received May 2, 2008, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Development shall comply with the Development Master Plan document entitled “Walden Ranch Land Use Plan Exhibit R”, consisting of one page, dated May 2, 2008, except as modified by the following stipulations. c. Changes to the Walden Ranch Development Master Plan with regard to use and intensity, or changes to any of 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 by the Maricopa County Planning and Zoning Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, subdivision regulations, and zoning ordinance in effect at the time of application(s) submission. The Maricopa County Planning and Development Department may approve minor changes administratively as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Walden Ranch Development Master Plan narrative report, maps, and exhibits, or the stipulations of approval will be treated as a violation in accordance with the provisions of the Maricopa County Zoning Ordinance. d. All stipulations of approval shall remain in effect in the event of a change in name of the Walden Ranch Development Master Plan. e. If the initial final plat has not been approved within four (4) years from the date of Board of Supervisors approval, this development master plan amendment will be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revocation of the adopted development master plan. Further, should this development master plan be rescinded, all zoning and other entitlement changes approved as part of the Walden Ranch Development Master Plan shall also be considered for reversion by the Board of Supervisors and upon recommendation of the Commission, to the previous entitlements. f. Prior to approval of any zone change, the master developer shall enter into a development agreement with Maricopa County that addresses short- and long-term service, infrastructure, operation, maintenance, and financial assurance needs of Maricopa County agencies necessary to provide adequate services and infrastructure to future residents of the Walden Ranch Development Master Plan. Further, prior to approval of any final plat this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. Maricopa County reserves the right to modify the development agreement if it is determined that such changes are necessary due to changing circumstances or conditions, although such modifications are subject to approval by the Board of Supervisors. The master developer may also petition for modifications, which are also subject to Maricopa County Board of Supervisors approval. g. Prior to approval of any zone change for the Walden Ranch Development Master Plan, the master developer shall provide the Maricopa County Planning and Development Department with a letter from the City of Surprise, which identifies the wastewater solution for Walden Ranch and affirms the City’s intention to provide wastewater services to the property. h. Until such time that organization takes place, notification shall be provided to future residents that they are not located within an organized high school district, and that high school students will have to attend a high school either in the Town of Wickenburg or the City of Peoria. Such notification shall be placed on all final plats, be permanently placed on the front door of all home sales offices on not less than an 8½ x 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs), and include identification of which high schools have capacity and have agreed to accept students from outside their district. i. Master developer shall provide notification to future homeowners that they are located in close proximity to the Luke Air Force Base Auxiliary Airfield #1 facility, and thus will be subject to loud noise from military aircraft overflights, with the following language: “You are buying a home or property in the "vicinity of a military airport" as described by State of Arizona statute A.R.S. §28-8481. Your house 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 an average of approximately 170 over flights a 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. Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of Luke Air Force Base is a site of intense instrument procedure landing approaches, with approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above the ground over the Auxiliary Airfield and will create severe noise in that area. 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 recorded on all final plats, 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 8½ 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. j. The master developer shall be responsible for the construction of all public and private on-site roads within the Walden Ranch Development Master Plan. Further, the Walden Ranch homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping with public rights-of-way, and all pedestrian, bicycle, and multi-use paths. k. Prior to approval of each final plat, the master developer shall submit to the Maricopa County Planning and Development Department a landscape inventory and salvage plan which identifies and assesses the native vegetation within the development parcels, and which determines the preservation/disposition for each of the selected native vegetation. l. Landscaping of all common areas and open spaces, except for identified recreational areas, within Walden Ranch shall consist of indigenous and near-native plant species of a xeriphytic nature. m. All irrigation water supplied for common/open space areas and lakes shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within five (5) years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the five year requirement. n. The Walden Ranch Development Master Plan shall be developed sequentially in three phases as depicted on the phasing diagram – “Exhibit T” contained in the amended Walden Ranch Development Master Plan narrative report. o. The total number of residential dwelling units for the Walden Ranch Development Master Plan shall not exceed 1,572. To help ensure compliance, the cumulative number of dwelling units, in relation to the identified limit, shall be identified on all plats. p. Residential development shall be prohibited on areas with a slope of 15% or greater. q. The master developer shall submit a written report to the Maricopa County Planning and Zoning Commission outlining the status of the Walden Ranch Development Master Plan every three years following Board of Supervisors approval. The status report shall discuss development progress, including the total number of units built and platted, locations of areas/parcels under construction, status of infrastructure development, status of non- residential property, progress on how the stipulations of approval are being implemented, and any other information as requested by the Maricopa County Planning and Development Department. r. Until annexation of the entire development master plan takes place, the master developer shall notify all future Walden Ranch Development Master Plan residents that they are not located within an incorporated city or town, and therefore will not be represented by, or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, wastewater, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8- ½ by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). s. All park facilities shall be completed concurrently with residential development of the respective plat on which the park is shown. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. t. Not less than 8.55 acres shall be reserved for Recreational Open Space (ROS) land use. Further, the project shall have not less than two (2) park sites of approximately three (3) acres each, with one park in each of the north and south neighborhood clusters. Further, not less than eight (8) pocket parks at least one-half (0.5) acre size each shall be provided to be generally consistent with Exhibit S of the Development Master Plan document entitled “Conceptual Recreational Open Space Locations.“ All parks shall include recreational amenities. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative ROS acreage and park numbers with respect to the requirements of this stipulation. A description of the types of recreational amenities that will be included in the ROS and mini-park areas shall also be submitted with all preliminary plats to the Maricopa County Planning and Development Department. A trail system generally consistent with Exhibit S of the narrative shall also be provided and shown on all relevant preliminary plats. u. Not less than 19.98 acres shall be reserved for commercial land uses. To help ensure compliance, at the time of each preliminary plat submission the master developer shall include a description of the status of the cumulative commercial land use acreage with respect to the requirements of this stipulation. v. Unless otherwise agreed to by the applicable school districts, not less than one (1) school site and a minimum of 15.21 acres shall be reserved for schools. w. The master developer shall provide non-vehicular multi-use trails along all major arterials. Such trails shall be identified on all plats and are subject to approval by Maricopa County. x. Prior to zone change approval, the master developer shall provide a “will serve” letter (or letters) and a Certificate of Convenience and Necessity, if applicable, from a qualified public or private water provider demonstrating commitment to provide the Walden Ranch Development Master Plan with water service, subject to approval by the Maricopa County Department of Environmental Services. y. Prior to approval of the first preliminary plat, the master developer shall provide a “will serve” letter for fire protection from the Wittmann Fire District or another qualified public or private fire service provider demonstrating commitment to serve the entire Walden Ranch Development Master Plan, which is subject to approval by the Maricopa County Planning and Development Department. z. An archaeological 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 archaeological 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 SHPO shall determine if a data recovery (excavation) program is necessary. Should federal permits be required for the project, then any archaeological work performed must meet the Secretary of Interior Standards, and will be subject to the National Historic Preservation Act. aa. A quality of life assessment of $596.00 for each housing unit built is to be made available to the Maricopa County Library District for the purposes of future library service and infrastructure needs. bb. One hundred fifty dollars ($150) per residential unit will be paid by the master developer as each residential building permit is issued, to a fund for the White Tank Regional Park for trails and facilities enhancement and maintenance. The County shall deposit and hold all receipts in the parks special revenue fund for the specific purposes stated above. All interest earned on the fund shall remain an asset of the fund. The assets of this fund are not intended to replace existing county appropriations for similar purposes, but rather are intended as supplemental resources resulting from additional park usage by Walden Ranch residents. Maricopa County Parks and Recreation Department will provide each residential unit in the Walden Ranch Development Master Plan with a one-year, seventy-five ($75) voucher toward the purchase of an annual pass for entrance into any desert mountain regional park administered by said department, except Lake Pleasant Regional Park. cc. One hundred fifty dollars ($150) per residential unit shall be paid by the master developer as each residential building permit is issued, to a fund for the Maricopa Trail for design, construction, enhancement, operation and maintenance. The County shall deposit and hold all receipts in the trails special revenue fund for the specific purposes stated. All interest earned on this fund shall remain an asset of the fund. The assets of this fund are not intended to replace existing County appropriations for similar purposes, but are intended as supplemental and enhancement resources needed as this community grows in its residents’ use of the Maricopa Trail. dd. Prior to approval of the first preliminary plat or first Approval to Construct (whichever comes first), Final Water and Sewer Master Plans must be submitted, under application and fee, for the onsite water and sewer infrastructure to MCESD for approval. This may require the submittal of two water master plans, one for each of the water providers. Approval of these final master plans will be required before any Final Plats will be approved by MCESD. ee. The following Maricopa County 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. No variance from Drainage Regulations or drainage engineering design standards is granted or entitled under this DMP. 2. Drainage review of planning, zoning and/or Development Master Plan 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. Modeling submitted with this DMP is for conceptual level analysis only. All plats shall be submitted with appropriate and detailed models to reflect the existing and proposed development conditions. 3. The acceptance of the hydrology for this development is dependent on approval of the Wittman ADMSU by FEMA prior to final platting of the subdivision and issuance of an infrastructure construction permit. Without FEMA acceptance, all modeling will require performing worst-case hydrologic analyses both with and without the presence of the US 60. ff. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Applicant/Developer shall provide a Traffic Impact Study (TIS). The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. The Applicant/Developer needs to provide an updated TIS prior to rezoning. 2. The Developer shall provide the ultimate full or half-width of right-of way for all public roadways as follows: A.) Crozier Road: 65 Feet B.) 215th Avenue: 80 Feet and 40 Feet C.) 211th Avenue: 100 Feet D.) Lone Mountain Road: 65 Feet E.) Montgomery Road: 80 Feet and 40 Feet F.) Dixileta Drive: 130 Feet and 65 Feet G.) Peak View Road: 40 Feet The above references interior and perimeter roads. (The project boundary is the centerline of all perimeter roadways and/or roadway alignments.) Full-width right-of- way shall be provided where the entire roadway is within the development (interior roadways). Half-width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersections where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 3. The Developer shall be responsible for design and construction of the ultimate full- width of all interior roadways, and the ultimate half-width of all perimeter roadways, unless approved otherwise by MCDOT. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. Montgomery Road shall be constructed as either a full width interior street or a half width perimeter street, UNLESS released from this requirement by both Maricopa County and the City of Surprise. Whether bridges or low-flow crossings will be required will be determined at a later date. 4. The Developer is responsible for assuring paved access to their site at the time of the first final plat. 5. The Developer shall provide all-weather access to all parcels and lots, and on all arterial roadways. 6. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 7. The Developer shall not locate elementary or middle schools on arterial roads. (The schools may NOT “back up” to arterials.) Pedestrian routes to school shall be planned so if necessary, they shall only cross arterials at signalized intersection. 8. The Developer shall design the development to promote pedestrian, bicycle and other alternative modes of transportation to public facilities within and adjacent to the site (i.e., bus bays, electric vehicles, shared accommodations, internal trail systems, etc.). Crossings of arterials at other than signalized intersections shall be grade separated. 9. If streetlights are provided, installation shall be provided by the Developer. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Developer should contact the Office of the Superintendent of Streets (602-506- 8797) to initiate the SLID process. 10. The Developer shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The Developer (or as assigned to the Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 11. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 12. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) 13. The Applicant/Developer shall provide written documentation of ADOT’s requirements and approval. The Applicant/Developer shall provide written documentation of City of Surprise’s approval. 14. The Applicant/Developer may need to provide additional improvements along 211th Avenue to accommodate traffic movements to and from the school site. gg. The following Flood Control District of Maricopa County stipulations shall apply: 1. Prior to any work being done in the floodplain, a Floodplain Use Permit will be required from the Regulatory Division of the Flood Control District. hh. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this Development Master Plan due to noncompliance with any of the approved stipulations. Planner: John R. Verdugo, AICP, Senior Planner Reviewed by: Darren V. Gerard, AICP, Deputy Director Attachments: Email of opposition (1 page) July 24, 2008 P&Z minutes – not available as of the writing of this report but may be provided later 7-24-2008P&Z Packet (67 pages)