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September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 1 of 19
BOARD OF SUPERVISORS’ HEARING
PLANNING AND ZONING AGENDA
September 28, 2022
CONSENT AGENDA
Title:
Fulton Homes Enclave Phase 1A
Case #:
S2021001
Supervisor District:
4
Applicant / Owners:
Brian Nicholls, EPS Group. Inc, / Fulton Homes
Request:
Final Plat for 42 residential lots and 8 tracts in the R1-6 RUPD zoning
district
Site Location:
Generally located NWC Perryville Rd. and Indian School Rd. in the
Buckeye area
Staff
Recommendation:
Approval
Title:
Fulton Homes Enclave Phase 1B
Case #:
S2021002
Supervisor District:
4
Applicant / Owners:
Brian Nicholls, EPS Group. Inc, / Fulton Homes
Request:
Final Plat for 220 residential lots and 15 tracts in the R1-6 RUPD zoning
district
Site Location:
Generally located NWC Perryville Rd. and Indian School Rd. in the
Buckeye area
Staff
Recommendation:
Approval
Title:
Bennett Auto
Case #:
Z2021075
Supervisor District:
1
Applicant & Owner:
Richard Bennett
Request:
Special Use Permit (SUP) for Home Cottage Industry - Auto Repair
Site Location:
Generally located at the NWC of Empire Blvd. & 203rd Way
Commission
Recommendation:
On 9/1/22, the Commission voted 9-0, to recommend approval of
Z2021075 subject to conditions ‘a’ – ‘i’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled, “Bennett Automotive” consisting of one full-size sheet dated July 28,
2022, and stamped received August 2, 2022, except as modified by the following
conditions. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the
site plan will be determined in accordance with Chapter 3 of the Maricopa
County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled, “Bennett Automotive”, consisting of five pages, dated May 2,
2022, and stamped received August 2, 2022, except as modified by the following
conditions.
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 2 of 19
c.
The following Planning Engineering conditions shall apply:
1.
The applicant will be responsible for coordinating with the Town of Queen
Creek to review any traffic impact, right-of-way dedication, permitting or
roadway improvement requirements for Empire Boulevard Avenue in
conjunction with this proposed entitlement.
2.
The applicant must work with the County Building Official to remedy
unpermitted construction (frame garage) on the site to bring it into
compliance within six (6) months of any (zone change) approval.
3.
All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
d.
The following SUP standards shall apply:
1.
Min. Front Yard – 12’
2.
Min. Lot Area – 39,559 sq. ft.
3.
Pavement – Pavement permitted to be compacted and rolled decomposed
granite with a dust control plan approved by Maricopa County Air Quality
Control except for ADA parking
All other development standards per Rural 43 zoning shall apply.
e.
All outdoor lighting shall be shielded and directed downward and otherwise in
accordance with Section 1112 of the Maricopa County Zoning Ordinance.
f.
The special use permit is valid for a period of 5 years and shall expire 5 years from
the date of BOS approval or upon termination of the use for a period of 90 or
more days, whichever occurs first. All site improvements associated with the
special use permit shall be removed within 90 days of such expiration or
termination of use.
g.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa
County Zoning Ordinance.
h.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
i.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval
allows the property to enjoy uses in excess of those permitted by the zoning
existing on the date of application, subject to conditions. In the event of the
failure to comply with any condition, and at the time of expiration of the Special
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 3 of 19
Use Permit, the property shall revert to the zoning that existed on the date of
application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use
Permit, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value
of the property from the value it held on the date of application due to such
revocation or expiration of the Special Use Permit. The Special Use Permit
enhances the value of the property above its value as of the date the Special
Use Permit is granted and reverting to the prior zoning results in the same value of
the property as if the Special Use Permit had never been granted.
REGULAR AGENDA
Title:
White Tank Foothills Phase 3 (Cont. from 6/8/22)
Case #:
DMP2021001
Supervisor District:
4
Applicant & Owner:
Brennan Ray, Burch & Cracchiolo, P.A. / Citrus & Lower Buckeye,
LLC
Request:
Major Amendment to the White Tank Foothills Development Master
Plan (DMP) to change the land use designations from Small Lot
Residential (2 – 5 du/ac) and Rural (0-1 du/ac) to Small Lot
Residential (5 – 8 du/ac) and Transitional Lot (3 - 5 du/ac)
Site Location:
Generally located at the NWC of Citrus Rd. and Northern Ave. in
the Glendale area
Commission
Recommendation:
On 8/4/22, the Commission voted 9-0, to recommend approval of
DMP2021001 subject to conditions ‘a’ – ‘c’:
a.
Development shall be in substantial conformance with the Development Master
Plan Narrative Report entitled “White Tank Foothills”, dated May 10, 2022, and
stamped received May 16, 2022, including all exhibits, maps, and appendices,
except as modified by the following conditions.
b.
Changes regarding use and intensity, or changes to any of the approved
conditions 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 as
outlined in the Maricopa County Development Master Plan Guidelines in effect
at the time of amendment. Non-compliance with the narrative report, maps, and
exhibits, or the conditions of approval will be treated as a violation in accordance
with Maricopa County Procedures.
c.
The Development Master Plan shall be developed sequentially as depicted on
the phasing diagram contained in the narrative report.
Additional
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 4 of 19
Comments:
The applicant is requesting to amend the DMP and rezone for an
increased lot yield in Phase 3. The previously approved DMP
allowed for a maximum of 390 units in Phase 3, or 1.59 du/ac. The
amendment, as now modified, will increase the lot yield to 645 units
on 244.74 gross acres at 2.647 du/ac. The subject site is the third and
final phase of the White Tank Foothills Development.
To date staff has received 142 letters of opposition, an opposition
petition with 206 signatures and six support letters. During the August
4, 2022, Commission Hearing four individuals spoke in opposition.
The opposition is largely concerned with loss of community
character due to increased density, and associated access
concerns with increased traffic.
The applicant has also discovered an error in the total amount of
dwelling units for the entire White Tank Foothills community once
Phase 3 is approved. The amount listed in the Commission Staff
Report was 1,621 dwelling units; however, the true number will be
1,636 dwelling units once Phase 3 is complete. The reason for this
discrepancy was due to a miscount of the total units in Phase 2 of
White Tank Foothills, where 15 lots were not included in the overall
community total. It's important to note this typographical error in the
applicant’s material was in regard to the existing unit count of
Phase 2 and not the subject amendment concerned with proposed
Phase 3.
Since the August 4, 2022, Commission Hearing, the applicant has
prepared a DMP / land use plan exhibit that appropriately illustrates
the Phase 3 Amendment superimposed upon the existing approved
DMP where Phases 1 & 2 are already platted. Staff is recommending
DMP2021001, condition ‘a’ be updated to reflect this exhibit to
include the following change:
a.
Development shall be in substantial conformance with the Development Master Plan
Narrative Report entitled “White Tank Foothills”, dated May 10, 2022, and stamped
received May 16, 2022, including all exhibits, maps, and appendices, except as modified
by the following conditions. Within 30 days of Board approval the narrative shall be
revised to incorporate the land use plan exhibit entitled “White Tank Foothills Proposed
Phase 3 Exhibit” stamped received September 9, 2022.
Therefore, with regard to DMP2021001, staff recommend the Board
motion for approval subject to Commission recommended
conditions ‘a’ – ‘c’ but with revised language to condition ‘a’ as
shown below:
a.
Development shall be in substantial conformance with the Development Master
Plan Narrative Report entitled “White Tank Foothills”, dated May 10, 2022, and
stamped received May 16, 2022, including all exhibits, maps, and appendices,
except as modified by the following conditions. Within 30 days of Board approval
the narrative shall be revised to incorporate the land use plan exhibit entitled
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 5 of 19
“White Tank Foothills Proposed Phase 3 Exhibit” stamped received September 9,
2022.
b.
Changes regarding use and intensity, or changes to any of the approved
conditions 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 as
outlined in the Maricopa County Development Master Plan Guidelines in effect
at the time of amendment. Non-compliance with the narrative report, maps, and
exhibits, or the conditions of approval will be treated as a violation in accordance
with Maricopa County Procedures.
c.
The Development Master Plan shall be developed sequentially as depicted on
the phasing diagram contained in the narrative report.
Title:
White Tank Foothills Phase 3 (Cont. from 6/8/22)
Case #:
Z2021050
Supervisor District:
4
Applicant & Owner:
Brennan Ray, Burch & Cracchiolo, P.A. / Citrus & Lower Buckeye,
LLC
Request:
Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD,
R1-18 RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD
PAD, and R1-10 RUPD PAD accommodating a single-family
residential subdivision
Site Location:
Generally located at the NWC of Citrus Rd. and Northern Ave. in
the Glendale area
Commission
Recommendation:
On 8/4/22, the Commission voted 9-0, to recommend approval of
Z2021050 subject to conditions ‘a’ – ‘aa’:
a.
Development of the site shall be in substantial conformance with the Zoning
Exhibit entitled “White Tank Foothills”, consisting of four full-size sheets, dated May
10, 2022, and stamped received May 16, 2022, except as modified by the
following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “White Tank Foothills”, consisting of 19 pages, dated May 10, 2022,
and stamped received May 16, 2021, except as modified by the following
conditions.
c.
The following Planning Engineering condition shall apply:
1.
Engineering review of re-zone cases is conceptual in nature. All
development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 6 of 19
Roadway Design Manual; and current engineering polices, standards and
best practices at the time of application for construction.
2.
Engineering review of these application is limited to the rezoning of the site
and does not include any aspects of future entitlement application(s) that
will be required for site development. No development approval is inferred
by this review, including, but not limited to drainage design, access,
roadway alignments and right-of-way dedication(s). These items will be
addressed as development plans progress and are submitted to the
County for additional entitlement (i.e. preliminary plat).
d.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
e.
The master developer shall notify future homeowners that they are located
within the state-defined “territory in the vicinity of a military airport” 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 ARS §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 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.”
Such notification shall be recorded on all Final Plats, be permanently posted on
not less than a three foot by five-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.
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.
f.
The following R1-6 RUPD development standards shall apply:
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 7 of 19
1.
Minimum rear yards of 15-feet.
2.
Maximum lot coverage of 60 percent.
g.
The following R1-7 RUPD development standards shall apply:
1.
Minimum rear yards of 15-feet.
2.
Maximum lot coverage of 60 percent.
3.
All lots in Parcel 3.17 and 3.19 zoned R1-7 RUPD shall have minimum lot
widths of 65-feet, all of which must be noted on each plat.
h.
The following R1-8 RUPD development standards shall apply:
1.
Minimum rear yard of 15-feet.
2.
Maximum lot coverage of 60 percent.
i.
The following R1-10 development standards shall apply:
1.
Minimum front yards of ten feet.
2.
Minimum side yards of five feet.
3.
Minimum street side yards of five feet.
4.
Minimum rear yards of 15 feet.
5.
Minimum lot width of 75 feet.
6.
Maximum lot coverage of 50 percent.
7.
Maximum height of 24-feet.
8.
Lots identified in the zoning exhibit in the R1-10 RUPD zoning district shall
have a minimum lot width of 90 feet.
j.
There shall be at minimum three-foot-high shielded bollard lighting in pocket
parks, trails, and amenity areas to minimize light pollution and maintain safety in
these areas of the subdivision.
k.
Those lots identified on the second page of the zoning exhibit entitled “Zoning
Exhibit” and fourth page of the zoning exhibit entitled “Single Story Restricted
Lots” shall be restricted to a single-story with a maximum height of 24-feet and
the developer shall ensure these restrictions match this exhibit and are identified
on each plat.
l.
Any RV garages, if constructed, shall be architecturally integrated into the design
of the home, and not exceed the height of the residence itself.
m.
Those lots identified on the zoning exhibits with typical lot widths and lot depths
shall be identified on each plat and shall match exactly as shown on the zoning
exhibits.
n.
Irregular shaped lots may be located at cul-de-sacs, street knuckles, and
eyebrows. The minimum front yard setback line for irregular or non-rectangular
shaped lots shall be established at the distance between the front property line
and a line parallel to the street chord at the point where said lot achieved the
minimum lot width. But, in no case shall be less than the minimum prescribed front
yard for each zoning district and in no instance shall this measurement line be
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 8 of 19
greater than 60 feet from the street cord. The minimum front yard setback line
for all irregular or non-rectangular shaped lots must be illustrated on each plat.
o.
The master developer shall be responsible for the construction of all public and
private on-site roads within the Development Master Plan. Further, the applicable
homeowner’s association shall be responsible for the maintenance and upkeep
of all private roads, public open spaces and facilities, washes, parks, roadway
median landscaping, landscaping within public rights-of-way, and all pedestrian,
bicycle, and multi-use paths.
p.
The total number of residential dwelling units of White Tank Foothills Phase 3 shall
not exceed 645 dwelling units. Overall, the total number of residential dwelling
units for the entire White Tank Foothills master community shall not exceed 1,621
dwelling units. To help ensure compliance, the cumulative number of dwelling
units completed to date, in relation to the identified limit, shall be identified on all
plats.
q.
All park facilities shown on plats shall be completed concurrently with residential
development. Park facilities and amenities shall be identified on all applicable
plats.
r.
Not less than 50 acres shall be reserved for active and passive open space.
Further, the project shall have not less than five pocket parks and one off-site park
as depicted on the parks plan exhibit in the narrative. At the time of each
preliminary plat submission, the master developer shall include a description of
the status of the cumulative open space acreage and park numbers with respect
to the requirements of this condition.
s.
Unless otherwise agreed to in writing by the applicable school districts, not less
than 15-acre school site and a minimum of 15 acres shall be reserved within the
area of the overall planned community. Said school shall not front on to arterial
streets.
t.
Development phasing shall assure two access points are provided.
u.
Bike lanes shall be required on all arterial and collector streets as specified in the
Maricopa County Bicycle Transportation System Plan.
v.
Prior to approval of the final plat, a total half-width 65-foot right-of-way shall be
dedicated for Citrus Rd. and Northern Ave.
w.
There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the
ultimate right-of-way and public utility easement.
x.
Landscaping of all common areas and open spaces, except for identified
recreational areas shall consist of indigenous and or low water use species.
y.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 9 of 19
z.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
aa.
Use of the property has been at the request of the applicant, with the consent of
the landowner. The granting of this approval allows the property to enjoy uses in
excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition,
the property shall revert to the zoning that existed on the date of application. It
is, therefore, stipulated and agreed that either revocation due to the failure to
comply with any conditions, does not reduce any rights that existed on the date
of application to use, divide, sell or possess the property and that there would be
no diminution in value of the property from the value it held on the date of
application due to such revocation of the Zone Change. The Zone Change
enhances the value of the property above its value as of the date the Zone
Change is granted and reverting to the prior zoning results in the same value of
the property as if the Zone Change had never been granted.
Additional
Comments:
The applicant is requesting to amend the DMP and rezone for an
increased lot yield in Phase 3. The previously approved DMP
allowed for a maximum of 390 units in Phase 3, or 1.59 du/ac. The
amendment, as now modified, will increase the lot yield to 645 units
on 244.74 gross acres at 2.647 du/ac. The subject site is the third and
final phase of the White Tank Foothills Development.
To date staff has received 142 letters of opposition, an opposition
petition with 206 signatures and six support letters. During the August
4, 2022, Commission Hearing four individuals spoke in opposition.
The opposition is largely concerned with loss of community
character due to increased density, and associated access
concerns with increased traffic.
The level of opposition has triggered a super-majority (four
affirmative) vote requirement for the Board to approve the zone
changes. The trigger is when 20% or more of property owners within
a 300’ radius of the subject site, by number and area register
opposition to the case. The opposition received accounts for 152
property owners equating to:
30% opposed by acreage and 45% opposed by number
The applicant has also discovered an error in the total amount of
dwelling units for the entire White Tank Foothills community once
Phase 3 is approved. The amount listed in the Commission Staff
Report was 1,621 dwelling units; however, the true number will be
1,636 dwelling units once Phase 3 is complete. The reason for this
discrepancy was due to a miscount of the total units in Phase 2 of
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 10 of 19
White Tank Foothills, where 15 lots were not included in the overall
community total. It's important to note this typographical error in the
applicant’s material was in regard to the existing unit count of
Phase 2 and not the subject amendment concerned with proposed
Phase 3.
The applicant is requesting to change Condition ‘p’ of Z2021050
from the Commission’s recommendation to reflect this error:
Condition ‘p’: The total number of residential dwelling units of White Tank Foothills Phase 3 shall
not exceed 645 dwelling units. Overall, the total number of residential dwelling units for the
entire White Tank Foothills master community shall not exceed 1,621 dwelling units. To help
ensure compliance, the cumulative number of dwelling units completed to date, in relation to
the identified limit, shall be identified on all plats. Development of all parcels in Phase 3 of the
White Tank Foothills DMP shall be limited to a total of 645 lots. All plats must contain a table
tracking total approved, platted, and remaining lot counts for the total of Phase 3.
Additionally, since the August 4, 2022, Commission Hearing staff has
received an updated Zoning Exhibit, attached, with a greater
number of the Phase 3 dwelling units being restricted to a maximum
height of 24’ (essentially limiting those units to single-story). The
amount of lots the Commission recommended was 115 and the
applicant is requesting to add nine more lots for a total of 124 lots
that will have a maximum height of 24’. Accordingly, Condition ‘a’
of Z2021050 is also to be changed from the Commission’s
recommendation:
Condition ‘a’: Development of the site shall be in substantial conformance with the Zoning
Exhibit entitled “White Tank Foothills”, consisting of four full-size sheets, dated May 10, 2022
August 24, 2022, and stamped received May 16, 2022 August 25, 2022, except as modified by
the following conditions.
With regard to Z2021050, staff recommends the Board motion for
approval subject to the Commission recommended conditions ‘a’
– ‘aa’ but with revised language to conditions ‘a’ & ‘p’ as shown
below:
a.
Development of the site shall be in substantial conformance with the Zoning
Exhibit entitled “White Tank Foothills”, consisting of four full-size sheets, dated
August 24, 2022, and stamped received August 25, 2022, except as modified by
the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “White Tank Foothills”, consisting of 19 pages, dated May 10, 2022,
and stamped received May 16, 2021, except as modified by the following
conditions.
c.
The following Planning Engineering condition shall apply:
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 11 of 19
3.
Engineering review of re-zone cases is conceptual in nature. All
development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering polices, standards and
best practices at the time of application for construction.
4.
Engineering review of these application is limited to the rezoning of the site
and does not include any aspects of future entitlement application(s) that
will be required for site development. No development approval is inferred
by this review, including, but not limited to drainage design, access,
roadway alignments and right-of-way dedication(s). These items will be
addressed as development plans progress and are submitted to the
County for additional entitlement (i.e. preliminary plat).
d.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
e.
The master developer shall notify future homeowners that they are located
within the state-defined “territory in the vicinity of a military airport” 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 ARS §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 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.”
Such notification shall be recorded on all Final Plats, be permanently posted on
not less than a three foot by five-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.
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
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 12 of 19
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.
f.
The following R1-6 RUPD development standards shall apply:
3.
Minimum rear yards of 15-feet.
4.
Maximum lot coverage of 60 percent.
g.
The following R1-7 RUPD development standards shall apply:
4.
Minimum rear yards of 15-feet.
5.
Maximum lot coverage of 60 percent.
6.
All lots in Parcel 3.17 and 3.19 zoned R1-7 RUPD shall have minimum lot
widths of 65-feet, all of which must be noted on each plat.
h.
The following R1-8 RUPD development standards shall apply:
3.
Minimum rear yard of 15-feet.
4.
Maximum lot coverage of 60 percent.
i.
The following R1-10 development standards shall apply:
9.
Minimum front yards of ten feet.
10.
Minimum side yards of five feet.
11.
Minimum street side yards of five feet.
12.
Minimum rear yards of 15 feet.
13.
Minimum lot width of 75 feet.
14.
Maximum lot coverage of 50 percent.
15.
Maximum height of 24-feet.
16.
Lots identified in the zoning exhibit in the R1-10 RUPD zoning district shall
have a minimum lot width of 90 feet.
j.
There shall be at minimum three-foot-high shielded bollard lighting in pocket
parks, trails, and amenity areas to minimize light pollution and maintain safety in
these areas of the subdivision.
k.
Those lots identified on the second page of the zoning exhibit entitled “Zoning
Exhibit” and fourth page of the zoning exhibit entitled “Single Story Restricted
Lots” shall be restricted to a single-story with a maximum height of 24-feet and
the developer shall ensure these restrictions match this exhibit and are identified
on each plat.
l.
Any RV garages, if constructed, shall be architecturally integrated into the design
of the home, and not exceed the height of the residence itself.
m.
Those lots identified on the zoning exhibits with typical lot widths and lot depths
shall be identified on each plat and shall match exactly as shown on the zoning
exhibits.
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 13 of 19
n.
Irregular shaped lots may be located at cul-de-sacs, street knuckles, and
eyebrows. The minimum front yard setback line for irregular or non-rectangular
shaped lots shall be established at the distance between the front property line
and a line parallel to the street chord at the point where said lot achieved the
minimum lot width. But, in no case shall be less than the minimum prescribed front
yard for each zoning district and in no instance shall this measurement line be
greater than 60 feet from the street cord. The minimum front yard setback line
for all irregular or non-rectangular shaped lots must be illustrated on each plat.
o.
The master developer shall be responsible for the construction of all public and
private on-site roads within the Development Master Plan. Further, the applicable
homeowner’s association shall be responsible for the maintenance and upkeep
of all private roads, public open spaces and facilities, washes, parks, roadway
median landscaping, landscaping within public rights-of-way, and all pedestrian,
bicycle, and multi-use paths.
p.
Development of all parcels in Phase 3 of the White Tank Foothills DMP shall be
limited to a total of 645 lots. All plats must contain a table tracking total approved,
platted, and remaining lot counts for the total of Phase 3.
q.
All park facilities shown on plats shall be completed concurrently with residential
development. Park facilities and amenities shall be identified on all applicable
plats.
r.
Not less than 50 acres shall be reserved for active and passive open space.
Further, the project shall have not less than five pocket parks and one off-site park
as depicted on the parks plan exhibit in the narrative. At the time of each
preliminary plat submission, the master developer shall include a description of
the status of the cumulative open space acreage and park numbers with respect
to the requirements of this condition.
s.
Unless otherwise agreed to in writing by the applicable school districts, not less
than 15-acre school site and a minimum of 15 acres shall be reserved within the
area of the overall planned community. Said school shall not front on to arterial
streets.
t.
Development phasing shall assure two access points are provided.
u.
Bike lanes shall be required on all arterial and collector streets as specified in the
Maricopa County Bicycle Transportation System Plan.
v.
Prior to approval of the final plat, a total half-width 65-foot right-of-way shall be
dedicated for Citrus Rd. and Northern Ave.
w.
There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the
ultimate right-of-way and public utility easement.
x.
Landscaping of all common areas and open spaces, except for identified
recreational areas shall consist of indigenous and or low water use species.
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 14 of 19
y.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
z.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
aa.
Use of the property has been at the request of the applicant, with the consent of
the landowner. The granting of this approval allows the property to enjoy uses in
excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition,
the property shall revert to the zoning that existed on the date of application. It
is, therefore, stipulated and agreed that either revocation due to the failure to
comply with any conditions, does not reduce any rights that existed on the date
of application to use, divide, sell or possess the property and that there would be
no diminution in value of the property from the value it held on the date of
application due to such revocation of the Zone Change. The Zone Change
enhances the value of the property above its value as of the date the Zone
Change is granted and reverting to the prior zoning results in the same value of
the property as if the Zone Change had never been granted.
Title:
Sunrise Ranch at South Mountain
Case #:
CPA2021012
Supervisor District:
5
Applicant & Owner:
Pew & Lake, PLC / Sunrise Ranch Estates, LLC
Request:
General Comprehensive Plan Amendment (CPA) to change
the land use designation in the Laveen Area Plan from Open Space
and Rural (0-1 d.u./acre) to Large Lot Residential (1-2 d.u./acre).
CPA case approval is by Resolution.
Site Location:
Generally located at the SEC of 35th Ave. & Olney Ave. in the
Laveen area
Commission
Recommendation:
On 9/1/22, the Commission voted 9-0, to recommend approval of
CPA2021012 subject to conditions ‘a’ – ‘c’:
a.
Development and use of the site shall be in substantial conformance with the
Narrative Report entitled “Sunrise Ranch at South Mountain”, consisting of 14
pages, dated June 6, 2022, and stamped received June 28, 2022, except as
modified by the following conditions.
b.
Development and use of the site shall be in substantial conformance with the
land use exhibit entitled “Sunrise Ranch at South Mountain” dated January 4,
2022 and stamped received January 25, 2022, except as modified by the
following conditions.
c.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval
allows the property owner to enjoy uses in excess of those permitted by the land
use existing on the date of the application, subject to conditions. In the event of
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 15 of 19
the failure to comply with any condition of approval, the property shall change
to the land use designation that existed on the date of the application. It is,
therefore, stipulated and agreed that revocation due to the failure to comply
with any conditions does not reduce any rights that existed on the date of
application to use, divide, sell or possess the property and that there would be no
diminution in the value of the property from the value it held on the date of
application due to such revocation. The Comprehensive Plan Amendment
enhances the value of the property above its value as of the date the
Comprehensive Plan Amendment is granted and changing to the prior land use
designation results in the same value of the property as if the Comprehensive Plan
Amendment had never been granted.
Title:
Sunrise Ranch at South Mountain
Case #:
Z2021074
Supervisor District:
5
Applicant & Owner:
Pew & Lake, PLC / Sunrise Ranch Estates, LLC
Request:
Zone Change with Overlay from Rural-43 to R1-18 RUPD
Site Location:
Generally located at the SEC of 35th Ave. & Olney Ave. in the
Laveen area
Commission
Recommendation:
On 9/1/22, the Commission voted 9-0, to recommend approval of
Z2021074 subject to conditions ‘a’ – ‘s’:
a.
Development of the site shall comply with the Legal Description entitled “Exhibit
A – Sunrise Ranch at South Mountain”, consisting of 3 pages, dated August 11,
2021, and stamped received September 19, 2021, except as modified by the
following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Sunrise Ranch at South Mountain”, consisting of 12 pages, dated
August 23, 2022, and stamped received August 23, 2022, except as modified by
the following conditions.
c.
The following R1-18 RUPD Zoning District standards shall apply:
1.
Min. Front Yard: 15’
2.
Min. Side Yard: 5’
3.
Min. Rear Yard: 20’
4.
Min. Lot Area: 8,750 sq. ft.
5.
Min. Lot Width: 70’
6.
Average Lot Area: 22,277 sq. ft.
7.
Max. Lot Coverage: 50%
8.
Max. Dwelling Units: 101 dwelling units
9.
Sight Visibility Triangles (SVT): 1 SVT waived on the northeast corner of
Olney Ave. & 35th Ave., all others required
d.
Concurrent with submittal of the initial Final Plat, Improvement Plans shall be
submitted to the Planning and Development Department.
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 16 of 19
e.
After Final Plat recordation and prior to any zoning clearance for building permits,
the applicant shall obtain a final Grading and Drainage and Infrastructure permit
from Maricopa County.
f.
Prior to Final Plat approval, Water and Wastewater Plans shall be submitted to
and approved by the Maricopa County Department of Environmental Services
(MCESD) subject to their procedures.
g.
The following Planning Engineering conditions shall apply:
1. Care shall be taken when aligning Olney Avenue on the east and west sides
of 35th Avenue. Final plans shall show improvements on the west side of 35th
Avenue and demonstrate how the intersection will be aligned. This may
require coordination with the developer on the west side of 35th Avenue.
2. The final design shall include detailed plans for the widening of 35th Avenue
to a Minor Arterial section per Figure 5.9 of the Roadway Design Manual.
3. The Olney Avenue site frontage shall be developed to Rural Local Roadway
classification- reference cross section 5.6 MCDOT Roadway Design Manual.
Olney improvements are as indicated below:
a. Segment of Olney Avenue from 35th Avenue to approximately 616 east of
35th Avenue - 25 foot R/W half street local roadway dedication containing
20 feet of pavement with 2 ½ shoulders each side.
b. Segment east of first ±616’ from 35th Avenue - 25 foot R/W half street local
roadway dedication containing 26 feet of pavement width plus southern
shoulder per typical RDM cross section standard for local rural roadway.
The 26 foot pavement will encroach on parcel to north. MCDOT will assist
in determining legal owner of this parcel and obtaining right to
pave/improve in this parcel. This roadways section shall taper from the
western point of new pavement to meet pavement the width of the west
portion of existing Olney Avenue.
c. Prior to final plat/infrastructure approval, a Design Exception will be
required from MCDOT for the substandard improvement of Olney Avenue.
4. To satisfy safe sight distance requirements at the southern road access to 35th
Avenue (Capistrano Drive), the roadway profile of Capistrano Drive east of
35th Avenue must be designed such that Capistrano Drive is sloped towards
35th Avenue for a distance of at least 20 feet.
5. Channel side slopes of 2:1 can only be stabilized with grouted rip rap or
concrete; side slopes of 1:1 or steeper can only be stabilized with concrete.
Channel grades and resultant velocities within the channels exceed those
which would allow for unlined systems. As noted in the Drainage Report, final
design will warrant stabilization. The use of vertically placed rip rap for scour
protection is prohibited. Subsurface scour protection must be placed at a
maximum 2:1 slope.
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 17 of 19
6. Final design plans shall indicate retention of the site’s half-width frontage of
35th Avenue.
7. Retention and spreader basins must drain within 36 hours.
8. Berms used for storm water retention, conveyance of storm water or a
combination of the two, must have a minimum top width of eight feet (8’).
9. A geotechnical analysis addressing the stability of cut slopes in excess of 2:1
must be submitted as part of the subdivision’s infrastructure permit
application.
10. The need to address erosion setback requirements from new drainage
infrastructure will be further evaluated as part of the final design, pending
channel stabilization requirements.
11. The need for drainage easements within HOA tracts must be further evaluated
as part of the final plat preparation.
12. A Storm Water Pollution Prevention Permit (SWPPP), issued by the County
(PND), will be required prior to issuance of any building/grading permits
required for site development.
13. Engineering review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle applicants
to future designs that are not in conformance with Section 1205 of the
Maricopa County Zoning Ordinance and Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; and the MCDOT Roadway
Design Manual.
14. Based on the conceptual design nature of the information submitted,
changes to the site layout and/or a reduction in the number of building lots
may be necessitated by the final engineering design of the subdivision
drainage infrastructure.
15. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with
the application for Final Plat Approval and Building Permits.
h.
The final plat construction documents shall restrict traffic exiting from Olney
Avenue onto 35th Avenue to right out only movement until such time that Olney
Avenue is fully developed with half street improvements on the northern side of
the mid-section line or the interim design of the intersection allows for the
appropriate sight visibility triangle on the adjacent northern property. If the
developer cannot demonstrate appropriate safety or visibility with the design of
Olney Avenue, a splitter island shall be required in the final plat construction
documents to MCDOT specifications.
i.
The Owner or Developer shall address and respond to all recommendations of
the Arizona Game and Fish Department (AZGFD) included in the letter dated
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 18 of 19
November 10, 2021 at the time of final plat infrastructure permits. The response
shall be sent to AZGFD for review and consideration. The Zoning Inspector and/or
their designee shall review the applicant’s response, and any subsequent
comments received from AZGFD, to determine whether the response issued by
the Owner or Developer addresses AZGFD comments in good faith. Should the
Zoning Inspector and/or their designee decide that the Owner or Developer has
not substantially addressed AZGFD comments in good faith, the Owner or
Developer shall be required to propose and implement alternatives to the
recommendations made by AZGFD.
j.
Sunrise Ranch will be a “dark skies” community. Any county required outdoor
lighting shall be shielded so as not to direct or reflect light upon adjoining land,
shall not be constructed within 20 feet of any adjoining property under other
ownership, and shall not exceed 18 feet in height.
k.
Development of the site shall be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
l.
Two required parking spaces on all lots will be provided within garages with a
minimum of 9’x18’ per space in addition to having two parking spaces available
on driveways with a minimum of 9’x18’ per parking space
m.
Prior to approval of the initial Final Plat, the applicant shall provide the Maricopa
County Planning and Development Department with an executed pre-
annexation service agreement with the City of Phoenix that identifies when the
proposed project will be annexed and the provision of water, and sewer, police,
fire, and related services and infrastructure. In lieu of a pre-annexation service
agreement the developer must provide a ‘will serve’ letter from the City of
Phoenix for water, sewer, fire and police services. This information shall be
included in the narrative report for the Final Plat and the associated public report
for the subdivision. The Final Plat shall contain a note referencing the will serve
letters or pre-annexation service agreement.
n.
Prior to Final Plat approval, the property owner shall add a note on the plat that
discloses to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active agricultural uses
and non-domesticated animal keeping.
o.
Prior to Final Plat approval, the property owner shall add a note on the plat that
discloses to tenants of the site or purchasers of property within the site, the
existence, proximity, and operational characteristics of active aviation uses in the
Hangar Haciendas Units One, Two, and Three subdivisions located approximately
750 feet to the east of the subject property in Maricopa County.
p.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance Article 304.9.
q.
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
September 28, 2022 Board of Supervisors’ Hearing – P&Z Agenda
Page 19 of 19
and Zoning Commission to take action in accordance with Chapter 3
(Conditional Zoning).
r.
Non-compliance with the regulations administered by the Maricopa County
Environmental
Services
Department,
Maricopa
County Department
of
Transportation,
Drainage
Review
Division,
Planning
and
Development
Department, or the Flood Control District of Maricopa County may be grounds
for initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
s.
The granting of this Zone Change has been at the request of the applicant, with
the consent of the landowner. The granting of this approval allows the property
owner to enjoy uses in excess of those permitted by the land use existing on the
date of the application, subject to conditions. In the event of the failure to
comply with any condition of approval, the property shall change to the land use
designation that existed on the date of the application. It is, therefore, stipulated
and agreed that revocation due to the failure to comply with any conditions
does not reduce any rights that existed on the date of application to use, divide,
sell or possess the property and that there would be no diminution in the value of
the property from the value it held on the date of application due to such
revocation. The Zone Change enhances the value of the property above its
value as of the date the Zone Change is granted and changing to the prior land
use designation results in the same value of the property as if the Zone Change
had never been granted.