MODIFICATION OF STIPULATION: Z2008050 CAS - Z2008050 BOS SHORT REPORT 08-20-2008.DOC

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 #: Z2008050 - Sundero Plaza
Agenda Item: 9
Supervisor District: 4
Applicant: Gallagher & Kennedy, PA
Owner: MEHROB, LLC
Request/s: Modification of Stipulation “d” from Z2002140, a
Concept Plan of Development for a shopping center
in the C-S PD zoning district
Site Location: Southeast of El Mirage Rd. & Pinnacle Peak Rd.
alignment (in the northeast Surprise/northwest
Peoria area)
Site Size: Approx. 20.0 acres
Density: N/A
County Island Status: N/A
County Plan: Not in concert, but the C-S zoning entitlement is
existing
Municipal Plan: N/A
Municipal Comments: None
Support/Opposition: None known
Existing On-Site and Adjacent Zoning and Land Use:
On-site CS / Vacant cleared land
North: Rural-43 / Vacant, then Loop 303 freeway
South: C-S CUPD Vacant cleared land
East: Rural-43 then R1-6 / Trilby Wash, then single family
residences (Sundero Residences)
Agenda Item/s: x - case #
Page 1 of 5

West: Arterial (El Mirage Rd.) then R1-6 RUPD/ single
family residences (Corte Bella DMP)
Staff
Recommendation: Approve subject to stipulations ‘a’ – ‘x’ for the
following reasons:
 There has been no opposition to this request
 A one-year time extension seems reasonable
given the general decline in the economy which
may have made it unusually difficult for the
applicant to procure a specific end user and
precise layout for the site.
Additional Comments: Staff recommended stipulations ‘a’ through ‘x’ were
modified by the Commission action. The
Commission action modified the staff
recommended stipulations ‘a’ – ‘x’ by revising
stipulation ‘a’ and deleting stipulation ‘s’ as shown
below in legislative edit, and renumbering
stipulations ‘t’ – ‘x’ as ‘s’ – ‘w’:
a. Approval is subject to conditional zoning for
a period of one (1) three (3) years, within
which time a precise Plan of Development
must be approved. If a precise Plan of
Development is not approved within this
timeframe, this case will be referred to the
Board of Supervisors, upon recommendation
by the Planning and Zoning Commission, for
reversion to the previous zoning classification.
s. 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.
Commission
Recommendations: Approve by unanimous vote of 7-0 subject to
modified stipulations ‘a’ - ‘w’, as follows:
a. Development of the site shall comply with the Zoning Exhibit entitled “Sundero Plaza
Conceptual Site Plan“, consisting of one (1) full-size sheet, dated February 17, 2005
and stamped received June 26, 2008, except as modified by the following stipulations.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Sundero Plaza”, consisting of 12 pages and exhibits, dated revised June 23, 2008,
and stamped received June 26, 2008, except as modified by the following stipulations.
Agenda Item/s: x - case #
Page 2 of 5

c. Development of the site shall comply with the landscape plan entitled “Sundero Plaza
Conceptual Landscape Plan”, consisting of three (3) full-size sheet, dated revised
February 28, 2005 and stamped received June 26, 2008 except as modified by the
following stipulations
d. Approval is subject to conditional zoning for a period of one (1) year, within which time a
precise Plan of Development must be approved. If a precise Plan of Development is not
approved within this timeframe, this case will be referred to the Board of Supervisors,
upon recommendation by the Planning and Zoning Commission, for reversion to the
previous zoning classification.
e. Per Maricopa County Department of Transportation requirements the applicant shall
provide only three (3) access points (driveways) onto El Mirage Road with primary
access aligning with proposed access Pinnacle Peak Road re-alignment.
f. Concurrent with the submittal of a precise plan of development for the site, a final
landscape plan is to be submitted which is generally consistent with the conceptual
landscape plan.
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. The following Flood Control District of Maricopa County shall be completed:
 Any walls or fences including footings adjoining Flood Control District’s property must
be entirely on the parcel. A Right-of-Way Permit from the Flood Control District’s
Civil/Structures Branch, Engineering Division will be needed.
 Any discharges onto Flood Control District’s property will require a Right-of-Way
Permit.
i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
j. 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. Prior to zoning clearance, the developer 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.
l. Prior to zoning clearance, the developer shall provide a “will-serve” letter from Arizona
American Water Company or other qualified provider for both water and sewer
service.
m. 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.
Agenda Item/s: x - case #
Page 3 of 5

n. Development and use of the site shall comply with requirements for fire hydrant
placement and other 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.
o. The property owner shall notify future property owners or lessees that they are
located within the state-defined “territory in the vicinity of a military airport” with the
following language:
“You are buying property in the ‘vicinity of a military airport’ as described by State
of Arizona statute ARS §28-8481. Your occupied buildings 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 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.”
Such notification shall be included in all covenants, conditions, and restrictions
(CC&Rs) as well as the Public Report and conveyance documents.
p. 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
screened with a continuous parapet.
q. 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.
r. Concurrent with the submittal of a precise plan of development for the site, a final sign
package is to be submitted in accordance with Maricopa County Zoning Ordinance C-S
sign regulations.
s. The site is subject to a Plan of Development (PD) Overlay zone. A precise Plan of
Development shall be required prior to development.
Agenda Item/s: x - case #
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t. Major changes to the site plan, landscape plan, building elevations, 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.]
u. 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).
v. 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 as set forth in the Maricopa County Zoning Ordinance.
w. The property owners and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with stipulations.
Planner: Patty Zaricor, Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: [Date] Draft P&Z Minutes
July 24, 2008 P&Z minutes – not available as of the writing of this report
but may be provided later
Agenda Item/s: x - case #
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