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February 23, 2022 Z2021129 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 23, 2022 Case #/Title: Z2021129 – 194th St. & Riggs Rd. Supervisor District: 1 Applicant/Owner: Zachary Pebler, Zachary A. Pebler, PLLC./Deborah Waugh Request: Zone Change from Rural-43 to R1-35 Site Location: Generally located at the SEC of 194th St. & Riggs Rd. Site Size: Approx. 3.83 acres County Island Status: Yes, Queen Creek Additional Comments: The applicant is seeking a Zone Change from Rural-43 to R1- 35 the purpose of obtaining a lot split of four lots and building four single-family residences. A zone change to a R1-35 zoning district will allow for four lots to be created where only three are able to be created under the existing Rural-43 zoning district. The subject property is designated as a Rural Residential (0-1 d.u./acre) in the Queen Creek Area Plan and as Rural in the Queen Creek General Plan. Staff received comments from the Town of Queen Creek which noted that the Town General Plan’s land use designation of the site is Rural with a maximum density of one dwelling unit per acre. Queen Creek also commented that the site should be developed in with no greater density than one dwelling unit per acre. There is no known support or opposition. There are no concerns from County review agencies. The staff recommendation was for denial but with offered conditions ‘a’ – ‘d’ should the Commission forward a recommendation for approval to the Board. The Commission recommended approval but not subject to any conditions. February 23, 2022 Z2021129 Page 2 of 2 Commission Recommendation: On 1/27/22, the Commission voted 6-2 to recommend approval of Z2021129. Presented by: Adam Cannon, AICP, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachment: 1/27/22 P&Z Packet (25 pages) Note: 1/27/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2021129 Page 1 of 8 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2021129 – 194th Street & Riggs Road Hearing Date: January 27, 2022 (Cont. from January 13, 2022) Supervisor District: 1 * Denotes changes from the January 13, 2022 PZ Report. *Applicant: Zachary Pebler, Zachary A. Pebler, PLLC. Owner: Deborah Waugh Request: Zone Change from Rural-43 to R1-35 Site Location: Generally located at the SEC of 194th St. & Riggs Rd. Site Size: Approx. 3.83 acres Density: Rural Residential (0-1 d.u./ac) County Island: Yes, Queen Creek County Plan: Queen Creek Area Plan – Rural Residential (0-1 d.u./ac) Municipal Plan: Queen Creek General Plan - Rural Municipal Comments: None received to date Support/Opposition: No known support or opposition Recommendation: Denial Z2021129 Page 2 of 8 Project Summary: 1. The applicant is requesting a Zone Change from Rural-43 to R1-35 on approx. 3.83 acres for the purpose of obtaining a lot split of four lots and building four single-family residences. The subject property is located at the southeast corner of 194th St. and Riggs Rd. and is designated as Rural Residential (0-1 d.u./acre) in the County’s Queen Creek Area Plan (0-1 d.u./acre) and is designated as Rural (0-1 d.u./acre) in the Queen Creek General Plan. 2. The site is relatively flat and is currently vacant. The most recent available aerial photography shows that the subject property is surrounded by single-family homes zoned either Rural-43 or R1-43 (Queen Creek’s zoning designation for 1-acre lots). To the west of the subject property is another property which has a substandard lot size. This adjacent property is legal non-conforming as a result of a government action from a right-of-way taking occurring on Riggs Rd. 3. The applicant’s request is a straight zone change without an overlay. The standards for each zoning district are listed below: REGULATION EXISTING ZONING DISTRICT REGULATIONS (RU-43) PROPOSED ZONING DISTRICT REGULATIONS (R1-35) Max. Height 30’ 30’ Min. Front Yard 40’ 40’ Min. Side Yard 30’ 20’ Min. Street-side Yard 20’ 20’ Min. Rear Yard 40’ 40’ Min. Lot Area 43,560 sq. ft. 35,000 sq. ft. Min. Lot Width 145’ 145’ Min. Lot Area per Dwelling Unit 43,560 sq. ft. 35,000 sq. ft. Max. Lot Coverage 25% 30% Exhibit 1 – 2021 Aerial Map Z2021129 Page 3 of 8 Exhibit 2 – Rural-43 Zoning District and Surrounding Zoning Districts Exhibit 3 – Conceptual Site Plan Z2021129 Page 4 of 8 Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural-43 / Single-Family Residential North: Rural-43 & R1-43 (Queen Creek) / Single-Family Residential South: Rural-43 / Single-Family Residential East: Rural-43 / Single-Family Residential West: Rural-43 / Single-Family Residential Utilities and Services: 5. Water: Town of Queen Creek Wastewater: Septic School District: Queen Creek Unified School District Fire: Town of Queen Creek Police: MCSO Right-of-Way: 6. 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 Existing R/W Half-width Proposed R/W Future Classification Riggs Rd. 70’ 70’ Major Arterial 194th St. 25’ 25’ Private Easement Adopted Plans: 7. Queen Creek Area Plan (Adopted: 1992): The Queen Creek Area Plan identifies this site as Rural Residential (0-1 d.u./acre). The Rural Residential category denotes areas where single family residential development is desirable but urban services (sewer, water, law enforcement, fire protection, schools, parks, etc.) are limited. Suitability is determined on the basis of location, access, existing land use patterns, and natural or man-made constraints. Uses in this category include agricultural and single family residential. 8. Queen Creek General Plan (Adopted: 2018): The subject property is designated as a Rural land use in the Queen Creek General Plan. The Rural designation denotes areas occupied by predominantly large lot single-family residential up to 1 dwelling unit per acre. Land use types include very low density residential (0-1 d.u./acre), agriculture- related commercial, agriculture, home-based businesses and open space. Public Participation Summary: 9. The applicant has complied with the Maricopa County Citizen Review Process with the required posting of the site and notification by first class mail to adjacent property owners and HOA’s within 300’ of the subject parcel and notification to interested parties. A Public Participation Results Report was submitted to Staff in accordance with County requirements. Z2021129 Page 5 of 8 10. * The applicant held a virtual public meeting on Thursday, December 16, 2021. The Results Report indicated that there were two (2) attendees that participated in a conference call with the applicant the day of the meeting including two neighboring property owners who are also developers. Some of the issues discussed included drainage, improvement of 194th Street and wall design. The applicant communicated that the attendees were generally supportive of the site. 11. Staff received comments from the Town of Queen Creek regarding the subject site’s land use. Queen Creek noted that the Town General Plan’s land use designation of the site is Rural with a maximum density of one dwelling unit per acre. Queen Creek commented that the site should be developed in with no greater density than one dwelling unit per acre. Outstanding Concerns from Reviewing Agencies: 12. N/A Staff Analysis: 13. Staff is recommending denial of the applicant’s request for a zone change. It is important to note that Maricopa County Planning and Development does not review minor subdivisions (lot splits) of five lots or fewer. These are unregulated land divisions. The lot split process is a civil transaction handled by the County Recorder and County Assessor. Under the existing Rural-43 zoning district, the proposal to create four lots would create at least one non-conforming lot that would be unable to obtain a building permit. The existing legal site area can accommodate three lots that conform to Rural-43 zoning district standards in the existing Rural-43 zone. Thus, Staff believes the zone change to R1- 35 is intended for the purpose of the subject property yielding four lots. 14. Staff believes that the requested zone change represents a spot zoning. A spot zoning can be, for example, a residential zone change on a small area of land that occurs incongruent to the surrounding zoning districts for the sole benefit of a single property owner. Prior to submittal, Staff informed the applicant that their proposal may see a denial recommendation from Staff because we believed it constituted a spot zoning. The applicant decided to move forward with the proposal, and the proposal has not changed since the pre-application meeting. If approved, Staff believes the zone change request would set a poor precedent that encourages additional spot zoning requests and the development of a patchwork of de-facto subdivisions without the private expenditure and development of required public improvements to properly serve such properties. 15. The applicant’s narrative states the “…request would improve the area by offering new housing stock in a generally old area while still being able to provide a lot size that is currently existing and desired in the sub-market. The immediate area has now become an infill location for residential developers. It is evident agriculture and farming is leaving the area for good. This Riggs Road corridor is becoming popular for ½ acre to 1-acre custom or semi-custom homes. This is represented in an excellent example directly across Riggs Road and the “Country Park Estates” project.” Staff will note that the “Country Park Estates” subdivision is located within Town of Queen Creek jurisdiction and is zoned R1-43 or Rural Estate District. The Rural Estate District requires one acre lots as does the County’s Z2021129 Page 6 of 8 Rural-43 zoning district. Staff reviewed surrounding properties to the subject site and found only one property with a non-conforming size and that size is the result of a right- of-way taking occurring along Riggs Road. All other surrounding properties are a minimum of one acre in size. 16. Additionally, the applicant’s narrative asserts that “it is evident agriculture and farming is(are) leaving the area for good”. While Staff understands that this area and many others may be a desirable area for developers, the Maricopa County zoning ordinance is intended to “protect the character and stability of residential, business and industrial areas of Maricopa County”. Likewise, the Town of Queen Creek’s General Plan vision statement states “Queen Creek is a unique community known for its friendly, hometown atmosphere, and strong sense of agricultural heritage.” Staff will note nearby neighborhoods in the Chandler Citrus Heights community have long desired to preserve a low-density rural environment with the ability to keep certain types and numbers of animals. One of the few community-requested and Commission-initiated zone changes in the 2000s allowed for downzoning from higher density zones in the area. Staff still receives requests from community members for voluntary downzoning. Therefore, a zone change to R1-35 is neither advised, nor in keeping with the intent of the Maricopa County Zoning Ordinance, Town of Queen Creek’s General Plan or with the general views of the surrounding community. 17. The applicant submitted an additional map and requested that Staff present the map to the Commission as an example of nearby R1-35 zoning. Staff will note that of the nearby R1-35 zoning that is referenced, one area is located in Queen Creek jurisdiction and is a platted subdivision with private funded infrastructure. Also, that subdivision marks the beginning of a transition into higher density Queen Creek jurisdiction zoning. The other R1-35 RUPD zoned area is located in the Chandler Citrus Heights community. It is important to note that this R1-35 RUPD zone is part of a downzoning to decrease density from R-4 zoning; however, the zoning requested by the applicant is for the purpose of increasing density in an area not served by sewer. Staff also notes that the lot splits occurring at the Chandler Citrus Heights location appear to be the exact precedent that Staff is advising against encouraging, and may even be an unauthorized subdivision subject to review by the Arizona Department of Real Estate authority upon a complaint by a private party. 18. The applicant submitted all documents required to meet public participation requirements. Staff notified the Town of Queen Creek about the request. As noted, Queen Creek commented that the subject site is designated as Rural in the Town’s General Plan, and that the subject site should maintain consistency with the Town’s General Plan by being developed with no greater density than one dwelling unit per acre. Staff received no public opposition and reviewing agencies (Engineering and Environmental Services) have no objections to the request. Recommendation: 19. For the reasons outlined in this report, staff recommends the Commission motion for Denial of Z2021129. 20. However, if the Commission chooses to recommend approval, staff offers the following conditions ‘a’ – ‘d’ for Commission consideration: Z2021129 Page 7 of 8 a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Narrative -Rezoning Request-”, consisting of 4 pages, dated revised October 15, 2021, and stamped received October 18, 2021, except as modified by the following conditions. b. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Any development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 3. Applications for building permits for single family residences in un- subdivided areas shall require an engineered Grading and Drainage (G&D) plan, unless a waiver to utilize a Site Plan as an alternative is granted. 4. Offsite improvements, roadway requirements and any additional right-of- way needed for Riggs Road shall be determined by MCDOT Traffic Development and MCDOT Permits based on the submittal of a traffic study at building submittal if deemed necessary by MCDOT. 5. The subject premises is located within the County’s Urbanized Area and will disturb more than one (1) acre (Common Plan of Development). A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), shall be required prior to issuance of any building permits required for site development. 6. 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 policies, standards and best practices at the time of application for construction. c. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the applicable fire service provider. d. 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 Z2021129 Page 8 of 8 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. Presented by: Adam Cannon, AICP, Planner Reviewed by: Darren Gérard, AICP, Planning Division Manager Attachments: Case Map (1 page) Conceptual Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (4 pages) Applicant Exhibit (1 page) Engineering Comments (2 pages) MCDOT comments (4 pages) MCESD comments (1 page) Town of Queen Creek Comments (3 pages) MARICOPA COUNTY Legal Description: T2S, R27E, Section 32 Applicant: Zachary Pebler, Pebler Equities, LLC P&Z Hearing Date: January 13, 2022 MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA Z2021129 Aerial Date: 2021 Case Address: SEC 194TH ST & RIGGS RD Parcel: 304-90-020A SUPERVISORAL DISTRICT NO 1 Zone Change from RU-43 to R1-35 Phone: 480-321-8149 SITE PLAN 3715 N. NEVADA STREET CHANDLER, ARIZONA 85225 PHONE: (480) 813-4764 EMAIL: roperengineering@cox.net ROPER ENGINEERING AND CONSTRUCTION MANAGEMENT L.L.C. DRAWN BY: A.M.C.S. APPROVED BY: P.J.S. CHECKED BY: P.J.S. SHEET: 1 OF 1 DATE: 10/18/2021 JOB NO.: 21-05 SCALE: 1"=20' EXPIRES 06-30-22 ¶ ´ ¶ ´ ¶ ´ APN 304-90-020A QUEEN CREEK, ARIZONA 85142 Zachary A. Pebler, PLLC. Real Estate – Land Planning – Development 2141 E. Broadway Rd. #101 Tempe, AZ. 85282 480-321-8149 ZAPEBLER@AOL.COM PROJECT NARRATIVE -REZONING REQUEST- 194th Street & Riggs Road Southeast Corner NO ADDRESS ASSESSED Queen Creek, AZ. 85142 South side of Riggs Road between Sossaman and Hawes PARCEL #: 304-90-020A ZONING: RU-43 CASE #: PA-2021-193 – to be amended upon rezoning in-take Prepared by: Zachary Pebler September 7, 2021 1st Revision – October 15th, 2021 Zachary A. Pebler, PLLC. Real Estate – Land Planning – Development 2141 E. Broadway Rd. #101 Tempe, AZ. 85282 480-321-8149 ZAPEBLER@AOL.COM Project Description: Zachary A Pebler, PLLC, on behalf of our client Victoria Homes, is pleased to present a rezoning request of a 3.84 acre parcel, #304-90-020A in Maricopa. The land is desert property on the south side of Riggs Road and east of 194th Street. The request, if approved for a rezoning from RU-43 to R1-35 would allow for four (4) newly constructed single family custom homes on +/- .96 acre lots and complying with all R1-35 construction standards for the future homes (i.e., lot coverage, building height, setbacks). Purpose of Request: 1. Rezoning from RU-43 to R1-35. This request allows Victoria Homes to create an extra lot and better conforming to lot sizes in the area. Surrounding Properties: North: The north side of the property is bound by Riggs Road which is a major arterial in the area for east/west travel. East: To the east are two single family residences, one site built, the other is a manufactured home. The average size lots of those two properties are slightly smaller than the lots sizes being proposed in this rezoning. South: To the south is a vacant 1-acre lot and the other property is a single- family home with many ancillary buildings on it riddled with abandoned vehicles. West: West is 194th St., which is an unremarkable dirt road and will be the access road off Riggs Road for this project. On the other side of 194th Street is a home on a smaller ¾ acre lot, along with a vacant lot just over an acre. All the adjacent properties are zoned RU-43 however, some properties are smaller than one acre lots. By allowing the rezoning to R1-35, it will allow the developer to legally create a total of four lots close to 1-acre in size, however, slightly smaller. This request would improve the area by offering new housing stock in a generally old area while still being able to provide a lot size that is currently existing and desired in the sub-market. The immediate area has now become an infill location for residential developers. It is evident agriculture and farming is leaving the Zachary A. Pebler, PLLC. Real Estate – Land Planning – Development 2141 E. Broadway Rd. #101 Tempe, AZ. 85282 480-321-8149 ZAPEBLER@AOL.COM area for good. This Riggs Road corridor is becoming popular for ½ acre to 1-acre custom or semi-custom homes. This is represented in an excellent example directly across Riggs Road and the “Country Park Estates” project. Circulation: All traffic will come from Riggs Road and head southbound via 194th Street to the south end of the master parcel. Upon approval of the site plan, the developer will create and record a private driveway 18’ ft. wide that traverses from 194th Street east across all lots and ending at Lot #4. This private driveway will be a dirt driveway or another minimally non-evasive application approved by Maricopa County. This will be a private driveway so no road dedications will be required for this project. Development Schedule: All four lots will go under construction at the same time, or the builder may elect to build two at a time. The project is planned to be as minimally invasive to the surrounding neighbors. Community Facilities: The school district in the area is Queen Creek Unified School District with several newly constructed schools in the area. San Tan Regional Park is south of the site roughly 1.5 miles along Hunt Highway. Public Utilities: Water – Town of Queen Creek Sewer – Septic, to be approved by Maricopa County upon building applications. Power – SRP Refuse – Private Police & Fire – Town of Queen Creek and Maricopa County Sheriff’s Department. Drainage Report & Plan: In the event the rezoning is approved, applicant’s civil engineers will submit Site Plans as Drainage Plans for each individual lot and submit to SWPP for compliance. Because the future lots are so large, we felt an initial drainage plan was not appropriate. Traffic Impact: Because we are proposing a low-impact land use, we feel a traffic impact study was not appropriate. Zachary A. Pebler, PLLC. Real Estate – Land Planning – Development 2141 E. Broadway Rd. #101 Tempe, AZ. 85282 480-321-8149 ZAPEBLER@AOL.COM Thank you, Zachary A. Pebler Zachary A. Pebler, PLLC. 2141 E. Broadway Rd. #101 Tempe, AZ. 85282 From: Anh Harambasic (PND) To: Adam Cannon (PND) Cc: Bob Fedorka (PND) Subject: FW: 11/16/21 TAC Agenda Date: Tuesday, November 16, 2021 11:30:31 AM Attachments: image001.png 11-16-21 TAC Agenda CLOSED.pdf image002.png image003.png Hello Adam- Thank you for running the Z2021129 meeting. See below in reference to the comment on the Traffic Study comment given to us by MCDOT. Please let me know if you have any questions. Anh Harambasic, PE Plans Examiner Engineer Maricopa County Planning & Development Department 301 W. Jefferson Street, Suite 170, Phoenix, AZ 85003 Desk: 602-506-3611 | Anh.Harambasic@maricopa.gov P&D is now 100% digital. Find information on our new permit process here. From: Bob Fedorka (PND) <Bob.Fedorka@Maricopa.Gov> Sent: Wednesday, November 10, 2021 11:26 AM To: Jeri Loucks (PND) <Jeri.Loucks@Maricopa.Gov>; Doug Jones (PND) <Doug.Jones@Maricopa.Gov>; Anh Harambasic (PND) <mcaz?anh.harambasic@maricopa.gov> Subject: FW: 11/16/21 TAC Agenda Please see attached. Be sure to complete reviews and add your respective case(s) to your calendar if not done so already. Please see MCDOT Planning comments below as well that may need to discussed at the TAC meeting. Best Regards, Bob Fedorka, PE Engineering Supervisor Planning & Development 602-506-7151 Bob.Fedorka@maricopa.gov P&D is now 100% digital. Find information on our new permit process here Upcoming Out of Office From November 22 to November 29, 2021 From: Lynndsay ONeill (DOT) <Lynndsay.ONeill@maricopa.Gov> Sent: Wednesday, November 10, 2021 11:01 AM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>; Bob Fedorka (PND) <Bob.Fedorka@Maricopa.Gov>; Larry Morden (PND) <Larry.Morden@Maricopa.Gov> Cc: Keith Morphis (DOT) <Keith.Morphis@maricopa.gov> Subject: RE: 11/16/21 TAC Agenda Rachel, MCDOT Planning has the following comments, Item #1 – Z2021127 Jeri Offsite improvements, roadway requirements and any additional right-of-way needed will be determined by MCDOT Traffic Development and MCDOT Permits based on the submittal of a traffic study The property is located along a midsection alignment, 15th Avenue, and per Maricopa County Zoning Ordinance Section 1105 this requires building setbacks start from a future half width right-of-way of 40’. Item #2 – Z2021123 Doug Offsite improvements connecting to 43rd Avenue or 41st Avenue will be determined by MCDOT Traffic Development and MCDOT Permits based on the submittal of a traffic study Sunland Avenue is not a county maintained roadway and does not require right-of-way dedication Item #3 – Z2021131 Doug Applicant to contact ADOT for access, right-of-way and potential offsite improvement requirements to Apache Trail Applicant will also need to notify ADOT of proposed development through the Red Letter Process, RedLetter@azdot.gov, due to proximity to Apache Trail Item #4 – Z2021129 Anh Offsite improvements, roadway requirements and any additional right-of-way needed for Riggs Road will be determined by MCDOT Traffic Development and MCDOT Permits based on the submittal of a traffic study 194th street is not a county maintained roadway and does not require right-of-way dedication Item #5 – Z2021128 Anh No comments If you have any questions, please let me know. Thank you, Lynndsay O’Neill, AICP, CFM Senior Planner Engineering Division O: 602.506.1766 Maricopa County Department of Transportation 2901 W. Durango Street ▪ Phoenix, AZ 85009 lynndsay.oneill@maricopa.gov From: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Sent: Monday, November 8, 2021 12:07 PM To: Alex Smith <alex.smith@maricopa.gov>; Charles Hart (PND) <Charles.Hart@Maricopa.Gov>; Chelsea Lett (BOS) <Chelsea.Lett@maricopa.gov>; Cristina Arzaga (BOS) <Cristina.Arzaga@Maricopa.Gov>; Daniel Johnson (PND) <Daniel.Johnson@Maricopa.Gov>; Darren V. Gérard (PND) <Darren.Gerard@Maricopa.Gov>; David Galaviz - RISCX <dgalaviz@risc.maricopa.gov>; Denise Lacey (DOT) <Denise.Lacey@Maricopa.Gov>; Erica Romero (RED) <Erica.Romero@Maricopa.Gov>; Jason Mahkovtz (DOT) <Jason.Mahkovtz@Maricopa.Gov>; Jen Pokorski (COA) <Jen.Pokorski@Maricopa.Gov>; Joseph Mueller (PND) <Joseph.Mueller@Maricopa.Gov>; Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov>; Keith Morphis (DOT) <Keith.Morphis@maricopa.gov>; Kelly Roy (DOT) <Kelly.Roy@Maricopa.Gov>; Kimera Caswell (PND) <Kimera.Caswell@Maricopa.Gov>; Larry Morden (PND) <Larry.Morden@Maricopa.Gov>; Lynndsay ONeill (DOT) <Lynndsay.ONeill@maricopa.Gov>; Matthew Holm (PND) <Matthew.Holm@Maricopa.Gov>; Michelle Montijo (BOS) <Michelle.Montijo@Maricopa.Gov>; Nicole Bendle (BOS) <Nicole.Bendle@Maricopa.Gov>; Page Gonzales (BOS) <Page.Gonzales@maricopa.gov>; Richard Bohan (BOS) <Richard.Bohan@Maricopa.Gov>; Scott Isham (BOS) <Scott.Isham@Maricopa.Gov>; Souren Naradikian (ENV) <Souren.Naradikian@Maricopa.Gov>; Stacey Lapp (PND) <Stacey.Lapp@Maricopa.Gov>; Tom Ellsworth (PND) <Tom.Ellsworth@maricopa.gov>; Zachary Schira <schiraz@mcao.maricopa.gov> Subject: 11/16/21 TAC Agenda Reviewing agencies, Attached with this e- mail includes the November 16th TAC agenda. Please coordinate review comments with the assigned planner. Thanks, Rachel Applegate Senior Planner Planning & Development 602-372-0318 Rachel.Applegate@maricopa.gov Maricopa County GIO, Maricopa County O 12/22/2021 8:46:09 AM Map Anh Harambasic, P.E. Planning & Development 301 W Jefferson, Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-3611 www.maricopa.gov/planning Email address: Anh.Harambasic@maricopa.gov Maricopa County Planning & Development Department Engineering Plan Review Date: November 10, 2021 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Development Attn: Adam Cannon, Planner, Planning & Development Services From: Anh Harambasic, P.E., Plans Examiner Engineer, Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2021129 Rezoning Request from RU-43 to RI-35 Job Site Address: SEC of Riggs Road and 194th Street; Queen Creek APN(s): 304-90-020A This application is to specify zoning for future development areas and does not include a Plan of Development. PND Engineering plan review (DPR, FCDMC, and PND Transportation) has reviewed the 1st submittal request for Zone Change Application (RU-43 to RI-35) routed for review on 11/5/2021. Engineering Plan Review has no objections subject to the following CONDITIONS: Drainage Plan Review 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Any development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 3. Applications for building permits for single family residences in un-subdivided areas require an engineered Grading and Drainage (G&D). a. In some instances, the requirement for a G&D Plan may be waived, pending a site inspection and a permit condition requiring that the finished floor of the house be set a minimum of 18”-24” above the high adjacent natural grade. Note that if the site inspection finds any drainage concerns, revisions requiring a G&D plan will be required. Flood Control District Review 1. The site is not located in a Special Flood Hazard Area The Flood Control District has no comments on this application. MCDOT Review 1. Offsite improvements, roadway requirements and any additional right-of-way needed for Riggs Road will be determined by MCDOT Traffic Development and MCDOT Permits based on the submittal of a traffic study. (MCDOT PLANNING: Lynndsay O’Neil 11.10.2021) 2. Access to the site will be through private easements to 194th Street, which is “public right-of-way” that has not been accepted by the County; and is therefore not maintained by the County. MCDOT has no comments Stormwater Review (SWPP) 1. The subject premises is located within the County’s Urbanized Area and will disturb more than one (1) acre (Common Plan of Development). A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. Please contact me if you have any questions or require any additional information. Subdivision Infrastructure & Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-1058 Fax: (602) 506-5813 TDD 602 506 6704 Maricopa County Environmental Services Department Water and Waste Management Division DATE: October 27, 2021 TO : Adam Cannon, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: REZONING REQUEST FROM RU-43 TO R1-35. Z2021129 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced project this application seeks REZONING REQUEST FROM RU-43 TO R1-35 at APN# 304-90-020A. Water and Sewer will be provided by Town of Queen Creek and septic. MCESD has concerns, ATC/NOID must be obtained prior to construction permit approval. Based on the above, MCESD raised no objections to the Planning & Development Department in Accela: on October 27, 2021 and will allow the project to proceed at this time subject to the following stipulations Stipulations: None. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. From: Erik Swanson To: Adam Cannon (PND) Cc: brett.burningham@queencreek.org Subject: Re: Z2021129 - 194th Street and Riggs Road Date: Monday, December 27, 2021 3:36:09 PM Adam, I hope all is well and that you had a nice Christmas. The subject site is designated as Rural within the Town's General Plan. The Rural designation allows for residential development, however at a maximum density of one dwelling unit per acre; the proposed request seeks to increase the allowed density. It is the Town's position that the subject site should maintain consistency with the Town's General Plan and be developed with no greater density than one dwelling unit per acre. Thank you for allowing us the opportunity to comment on this application. Sincerely, Erik Swanson Planning Administrator t: (480) 358‑3013 e: erik.swanson@queencreekaz.gov 22358 S Ellsworth Road, Queen Creek, AZ 85142 Office hours: Monday – Thursday, 7 a.m. – 6 p.m., closed on Fridays Emails generated by council members, members of Town commissions and committees and by staff and that pertain to Town business are public records. These emails are preserved as required by law and generally are available for public inspection. Email correspondence is regularly reviewed by members of the public, media outlets and reporters. To ensure compliance with the Open Meeting Law, members of the Town Council, Commissions and Committees should not forward or copy e-mail correspondence to other members of the Council, boards or commissions and should not use reply all when responding to this message. Any questions should be directed to the Town Attorney: (602) 285-5000. On Tue, Dec 21, 2021 at 8:28 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote: Thanks. I hope you have a great Christmas as well! Adam Cannon, AICP Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0292 adam.cannon@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here. From: Erik Swanson <erik.swanson@queencreekaz.gov> Sent: Tuesday, December 21, 2021 8:27 AM To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Cc: brett.burningham@queencreek.org <brett.burningham@queencreekaz.gov> Subject: Re: Z2021129 - 194th Street and Riggs Road Thanks Adam. We'll take a look and get back to you. I hope you have a great Christmas. Erik Swanson Planning Administrator t: (480) 358‑3013 e: erik.swanson@queencreekaz.gov 22358 S Ellsworth Road, Queen Creek, AZ 85142 Office hours: Monday – Thursday, 7 a.m. – 6 p.m., closed on Fridays Facebook Instagram Nextdoor Twitter YouTube Emails generated by council members, members of Town commissions and committees and by staff and that pertain to Town business are public records. These emails are preserved as required by law and generally are available for public inspection. Email correspondence is regularly reviewed by members of the public, media outlets and reporters. To ensure compliance with the Open Meeting Law, members of the Town Council, Commissions and Committees should not forward or copy e-mail correspondence to other members of the Council, boards or commissions and should not use reply all when responding to this message. Any questions should be directed to the Town Attorney: (602) 285-5000. On Mon, Dec 20, 2021 at 8:52 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote: Good morning Brett and Erik, We are scheduling the attached zone change proposal (RU-43 to R1-35) for a lot split for hearing next month. Staff is recommending denial of this proposal. As this is in the town’s planning area, did either of you have any comments? Best regards, Adam Cannon, AICP Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0292 adam.cannon@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here.