4. INITIAL DETERMINATION PAB-0179.PDF

MARICOPA COUNTY DEPARTMENT OF/‘TRANSPORTATION

(ee
) chia | 2901 W. Durango Street e Phoenix, AZ 85009
Qt.

COUNS — ——Phone: (602) 506-4178
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PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION

| Contact Information

Applicant Name: Andrew Lorentzen - Rose Law Group

Mailing Address: 7144 E. Stetson Dr. Ste: 300
City: Scottsdale State: AZ Zip: 85251

Phone (480 )- 240 - 5642 Email: alorentzen@roselawgroup.com

| Parcel Detail
Assessor's Parcel Number: 201 - 22 - 042 + 5 associated properties

1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)

Lots 23, 24, 26, 27 & 28 of Section 7 Township 4 North, Range 1 East.

South of the 115th Ave alignment & Hatfield Rd.

2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-067A)

Abandon all patent easements located on APN's 201-22-042, 201-22-043A, 201-22-043B,
201-22-045, 201-22-046 & 201-22-047. These parcels are part of the Rose Estates CPA
& rezoning (Staff report & Approved conceptual site plan attached)

3. Access Certification:

I certify, under penalty of perjury, that no loss of currently existing legal and physical access to any property
will occur if the County grants the patent easement abandonment requested in this initial determination.

he Ye a

Signatore of Applicant \ ~~ Daté
| Maricopa County Use Only

PAB Number:

Initial Determination Fee*: $250.00

Sey Lib 714 Total Received: PAEdSD. a: Date:/i Shypesf Hees Bee

* The Initial Determination fee is NOT refundable. Make checks payable to: MCDOT 2901 West Durango Street Phoenix, A:
85009.

Maricopa County Department of Transportation
2901 W. Durango Street Phoenix, AZ 85009

Permit Receipt

Payer Name: Receipt #: 100709
COURT RICH Payment Date: 8/18/2021
7144 E STETSON DR STE 300 Reference #: APN 201-22-042 - 043A
SCOTTSDALE , Arizona 85251 ~“OASB ~045-\046 “087

Receipt Type: Patent Easements

Payment Items

Description Payment Type Transaction # Amount
PATENT EASEMENT ABANDONMENT INITIAL Credit Card 3812614957 $250.00
DETERMINATION / ANDREW LORENTZEN - ROSE LAW

GROUP

Total: $250.00

MCDOT Permits

Thank you for your payment.

Please print this receipt and keep it for your records.

‘Maricopa County
Separtient at Transportation —

Clerk ID: BPEREZ
Customer Name : COURT RICH
. APN 201-22-042 - 043A-
Reference Number : 043B-045-046-047
Product _ Description _ Payment Amount
Patent Easements 1 $250.00

Recelpt Number: 3812614957

Transaction Date: 08/18/2021 03:43 PM

(crite

*%
1

Payment Amount:

agree to pay this obligation according to the terms oulliéd In my agreement with my card issuer.

$250.00

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£225
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jj ROMEO Report to the Board of Supervisors
i) th iy ) Prepared by the Maricopa County Planning and Development Department
ond Fs
Oun’s

Board Hearing Date: February 24, 2021

Case #/Title: CPA2020004 — Rose Estates

Supervisor District: 4

Applicant/Owner: Jordan Rose, Rose Law Group, PC / Larry & Patricia Rose
Request: Modification of Condition for a previously approved

Comprehensive Plan Amendment (CPA) - to modify or delete
condition ‘c' of CPA2019013 regarding a maximum unit
count for an area designed for Small Lot Residential (2-5
du/ac) land uses

Site Location: Generally located at the northeast corner of the intersection
of 115'» Ave. (alignment) and Williams Dr. (alignment) in the
Peoria area

Site Size: Approximately 163 acres

County Island Status: Yes (City of Peoria)

Additional

Comments:
N/A

Commission

Recommendation: On 1/28/21, the Commission voted 7-0 to recommend

approval of CPA2020004 subject to conditions ‘a’ - ‘d’:

a. Development of the site shall be in substantial conformance with the CPA Land
Use Exhibit, entitled “Rose Estates”, consisting of one (1) full sized sheet, dated June
2020, and stamped date received on June 10, 2020, except as modified by the
following conditions.

b. Development of the site shall be in substantial conformance with the CPA
Narrative Report, entitled “Rose Estates”, consisting of 11 pages, dated June 2020,
and stamp date received on June 10, 2020, except as modified by the following

conditions.
lon DELETED.
d. 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 uses existing on the

February 24, 2021
22019071
Page 1 of 2

Presented by:

date of application, subject to conditions. in the event of the failure to comply
with any condition, the property shall revert to the land use designation 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 change of
the land use. The land use enhances the value of the property above its value as
of the date the land use change is granted and reverting to the prior land use
designation results in the same valve of the property as if the land use change had
never been granted.

Darren Gérard, AICP, Planning Manager

Reviewed by: Rache! Applegate, Senior Planner
Attachment: 1/28/2) P&Z Packet {6 pages}
Note: 1/28/21 Draft P&Z Minutes are not available as of the writing of this report but can be

provided upon request later when available.

February 24, 2021
22019071
Page 2 of 2

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Couns

Report to the Planning and Zoning Commission 02]
Prepared by the Maricopa County Planning and Development Department

Case:
Hearing Date:

Supervisor District:

CPA2020004 — Rose Estates
January 28, 2021

4

Applicant:
Owner:

Requests:

Site Location:

Site Size:

Density:

County Island:

County Plan:

Municipal Plan:

Municipal Comments:

Support/Opposition:

Recommendations:

Jordan Rose, Rose Law Group, PC

Larry & Patricia Rose

Modification of Condition for a previously approved Comprehensive
Plan Amendment (CPA) - to modify or delete condition 'c’ of
CPA2019013 regarding a maximum unit count for an area designed
for Small Lot Residential (2-5 du/ac) land uses

Northeast corner of the intersection of 115'» Ave. (alignment) and
Williams Dr. (alignment) in the Peoria area.

163 acres

Approved as 2-5 du/ac with target of 2.7 du/ac per CPA2019013 /
proposed 3.2 du/ac.

Yes (City of Peoria)

White Tanks/Grand Ave. Area Plan - Open Space, and Small Lot
Residential (2-5 du/ac)

City of Peoria - Park/Open Space, and Medium Density Residential
(5-8 du/ac)

None
None known

Approve with conditions

CPA2020004
Page 1 of 4

Project Summary:

i,

Rose Estates (CPA2019013 & 22019112} was approved by the Board of Supervisors on
September 16, 2020 after recommendation from the Commission on August 6, 2020. The
site is 163 acres located at the northeast corner of 115th Ave. & Williams Dr. in the Peoria
area, Case CPA2019013 was a Comprehensive Plan Amendment (CPA} that changed
the White Tanks/Grand Avenue Area Plan's land use designation from Mixed-Use
Employment, Open Space, and Small Lot Residential (2-5 du/ac) to Small Lot Residential
(2-5 du/ac) and Open Space. Case 22019112 rezoned the site from Rural-43 to R1-6
RUPD.

The subject request, CPA2020004, is an amendment to modify or delete condition ‘c’ of
CPA2019013 regarding a maximum unit count for Rose Estates. The condition reads:

c. The total number of residential dwelling units on the site shall nof exceed 440.

There was no public or municipal comment regarding CPA2019013 & 22019112. There
remains no known support or opposition.

The R1-6 RUPD zoning was approved concurrent with the CPA. The RUPD overlay zoning
district was not approved subject to a maximum density, unit count, etc. The approved
R1-6 RUPD zoning can accommodate a much greater range in unit count and remain
consistent with the approved Small Lot Residential 2-5 du/ac:

163 acres @ 5 du/ac = 815 units
163 acres @ 2 du/ac = 326 units

The developer has an updated Conceptual Site Plan for Rose Estates, attached,
illustrating 518 lots / 3.2 du/ac. This remains within the approved Smail Lot Residential 2-5
du/ac land use designation.

Existing On-Site and Adjacent Zoning / Land Use:

5.

On-site: R1-6 RUPD / vacant (previously mining and ranching}
North: Rural-43 / vacant {inactive mining)

South: Rural-43 / vacant (natural desert)

East: Rural-43 / Agua Fria River

West: Rural-43 / vacant (natural desert}

Utilities and Services:

6. Water: EPCOR
Wastewater: EPCOR
School District: Peoria Unified Schoo! District
Fire: Arizona Fire & Medical Authority
Police: MCSO

Right-of-Way:

CPA2020004
Page 2 of 4

Primary access to the Rose Estates will be from Deer Valley Parkway, a future E/W
connection between Williams Dr. fo the west and Deer Valley Rd. to the southeast with a
new bridge across the Agua Fria River. The following table includes existing and
proposed half-width right-of-way and the future classification based upon the Maricopa
County Department of Transportation (MCDOT) Major Streets and Routes Plan.

Street Name Half-width Haif-width Future Classification
Existing R/W Proposed R/W

Deer Valley Pkwy. 65" 65' Principal Arterial

115" Ave. 40° 40' Major Collector

Pinnacle Peak Rd. 40' 30’ Major Collector

Adopted Plans:

8.

White Tanks/Grand Ave. Area Plan: Small Lot Residential (2-5 du/ac]. This category
identifies areas where increased residential density is appropriate and urban services are
readily available.

City of Peoria General Plan 2010: The Peoria General Plan designates the majority of the
site as Medium Density Residential with a residential density of five to eight dwelling units
per acre with a target density of six dwelling units per acre. This designation denotes
areas intended to fuifill the need for small lot or attached single-family or multi-farnily
residences which are compatible with abutting single-family residential districts.
Moreover, this category supports a suburban lifestyle and provides an appropriate
transition between less intense residential areas, more urban neighborhoods and non-
residential uses. The rest of the site is designated as Park/Open Space in the Peoria
General Plan. This category accommodates the full range of public, private, and semi-
private passive or active recreational opportunities.

Public Participation Summary:

10.

N/A

Outstanding Concerns from Reviewing Agencies:

11.

N/A

Staff Analysis:

12.

Staff supports the request to delete condition ‘c' of CPA2019013. There was no maximum
unit count or density applied to the companion R1-6 RUPD zoning and thus the approved
zoning entitlement permits a much greater density range. The potential for increased
residential density is appropriate where urban services and infrastructure will be
available.

Recommendation:

13.

For the reasons outlined in this report, staff recommends the Commission motion for
Approval of CPA2020004, subject to conditions ‘a’ -'d’:

CPA2020004
Page 3 of 4

Presented by:
Reviewed by:

Attachments:

Development of the site shall be in substantial conformance with the CPA Land
Use Exhibit, entitled “Rose Estates”, consisting of one (1) fullsized sheet, dated June
2020, and stamped date received on June 10, 2020, except as modified by the
following conditions.

Development of the sife shall be in substantial conformance with the CPA
Narrative Report, entitled “Rose Estates”, consisting of 11 pages, dated June 2020,
and stamp date received on June 10, 2020, except as modified by the following
conditions.

DELETED.

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 uses 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 land use designation 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 change of
the land use. The land use enhances the value of the property above ifs value as
of the date the land use change is granted and reverting to the prior land use
designation results in the same vaiue of the property as if the land use change had
never been granted.

Darren V, Gerard, AICP, Planning Manager
Matthew Holm, AICP, Planning Supervisor

CPA2019013 Case Map (1 page}
Conceptual Sife Plan {1 page)

CPA2020004
Page 4 of 4

MARICOPA COUNTY

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Application Name: Rose Estates

Legal Description
, TT4N RR1E 07, TT4N RR1E 16

Applicant Applicant Phone/Email
480.291.0743
JORDAN ROSE for ROSE LAW GROUP. |JROSE@ROSELAWGROUP.COM CPA2019013
Case Address Parcel Primary:
11410 W CALLELEJOS
SUN CITY _AZ 85373 200-11-004B, 201-22-022, 201-22-042+
Generated July 16, 2020 09:50 AM Gross Acres: 71 approx. Map scale 1:12,341

Supervisor District No. 4

GENERAL COMPREHENSIVE PLAN AMENDMENT FOR 11.9 ACRE MIXED USE EMPLOYMENT & 59 ACRE
OPEN SPACE TO 70.9 ACRE SMALL LOT RESIDENTIAL (2-5 DU/AC) TO SMALL LOT RESIDENTIAL (2-5

Maricopa County Planning & Development - Phoenix, AZ

wate

Parcel Trotential
Number _| Lot Size

Lot Count

GrossArea] Gross
{acres)_| Density

i 4 45x 115 84

23,9 3.5

1 45x115| 96

20.7 46

2 3 55x120 | 83 34

| 4 55x 120 125 3.9

= | 5 45x 115 130 3.8
6 =

Pry

“Lift Station and Well site

** Floodway

lJ onceptual Site PlandO

BL (CENT OF LOTS AND DENSITY _ =
| Potentlal Giese Gross ;
BI vorste | wottors a Density | sof ots “
BL crete) {ou/ac)

2Pasxus | so | var | 39 | con

| [ssx1z0 | 203_[ $59 37 ah

a os UBLIC FACILITIES DATA TABLE

I FACILITY QUANTITY

| ¥3 [OPEN SPACE 24.7 ACRES 15.2% |

|S [AGUA FRIA RIVER (Floodway) 27.5 ACRES 16.9%

 [LOCALSTREETS (50 Feet Wide, Public) 18,782 UNEALFEET|
COUECTORSTREET (60Feet Wide, Publc)| 4,180 UNEAL FEET

LEGEND
45x 115 LOT SIZE
65 x 120 LOT SIZE
PARCEL BOUNDARY

AMENITY AREA

SF POTENTIAL TRAFFIC
(8 CALMING FEATURE

[] provecr sounoany J

ROSE ESTATES

Maricopa County, Arizona

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ENGINEER | PLAN MANAGE