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February 9, 2022 Z2021051 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 9, 2022 Case #/Title: Z2021051 - Bungalows at 19th Ave. & Parsons Road Supervisor District: 3 Applicant/Owner: Kurt Waldier Beus Gilbert McGroder PLLC/ Bungalows at Norterra LLC Request: Zone change from Rural-43 to R-2 Site Location: Generally located on the SEC of 19th Ave. and Parsons Rd. in the Phoenix area Site Size: Approx. 17 acres County Island Status: Yes, City of Phoenix Additional Comments: The applicant is requesting to rezone approx. 17 acres from Rural-43 to R-2 within a City of Phoenix county island. The applicant has been in annexation discussions with the City of Phoenix in order to develop the site within the City of Phoenix once the site is rezoned. The applicant has provided correspondence from Phoenix noting that the city is amicable to the annexation request. Staff has contacted the City of Phoenix and has confirmed the city is aware of the request and has no concerns. Staff has received 31 letters of opposition from 18 residents of the area, one petition with 69 signatures, 2 speakers in opposition at the Planning and Zoning hearing, and 3 appeals of the Planning and Zoning Commission recommendation. The opposition’s concerns center on the changing character of the area, and the potential increase in traffic and noise. Staff has verified that there are 7 parcels in opposition within 300’ of the site; however, a supermajority vote has not been triggered for either total parcel area opposition or number of parcels. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 1/13/22, the Commission voted 6-0 to recommend approval of Z2021051 subject to conditions ‘a’ – ‘h’: February 9, 2022 Z2021051 Page 2 of 3 a. Development of the site shall be in conformance with the Zoning Exhibit entitled “Bungalows at Norterra”, consisting of 1 full-size sheet, stamped received October 12, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Bungalows at Norterra”, consisting of 5 pages, dated October 8, 2021, and stamped received October 12, 2021, except as modified by the following conditions. c. 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. The applicant will be responsible for coordinating with the City of Phoenix to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements for 19th Avenue in conjunction with this and future entitlement(s). 3. Design for site development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 4. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 5. Design for site development must provide for at least two (2) paved points of access to existing and improved public roads. 6. The site is encumbered by Federal Patent easements which must be abandoned prior to site development. https://www.maricopa.gov/775/Abandonment-of-Patent-Easements 7. 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. Prior to approval of the initial final plat or precise plan of development approval, 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 the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service February 9, 2022 Z2021051 Page 3 of 3 agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer providers. e. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. 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. g. 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. h. 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, 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. Presented by: Jose Castañeda, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachments: 1/13/21 P&Z Packet (80 pages) 1/13/21 PZ Handout Memo – City of Phoenix (9 pages) 1/13/21 PZ Handout Opposition (2 pages) 1/13/21 PZ Handout – Signed Petition (17 pages) PZ Appeal Forms (9 pages) Note: 1/13/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2021051 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2021051 - Bungalows at 19th Ave. & Parsons Road Hearing Date: January 13, 2022 (Cont. from December 9, 2021) Supervisor District: 3 * Denotes changes from the December 9, 2021 PZ Report Applicant: Felipe Zubia, Beus Gilbert McGroder PLLC Owner: Bungalows at Norterra LLC Request: Zone change from Rural-43 to R-2 Site Location: Generally located on the SEC of 19th Ave. and Parsons Rd. in the Phoenix area Site Size: Approx. 17 acres Density: 11 d.u./ac. County Island: Yes, City of Phoenix County Plan: Maricopa County Comprehensive Plan - Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Phoenix General Plan / 3.5 to 5 du/acre - Traditional Lot Municipal Comments: Yes, City of Phoenix Support/Opposition: * 28 letters of opposition Recommendation: * Indefinite Continuance Z2021051 Page 2 of 7 Project Summary: 1. The property owners’ agent Felipe Zubia, Beus Gilbert McGroder PLLC is proposing to rezone approx. 17 acres comprising 5 contiguous parcels from Rural-43 to R-2 prior to an in-progress annexation into the City of Phoenix in order to develop the subject site into a multi-family residential development. The applicant has provided correspondence from the City of Phoenix council meeting noting that Phoenix is amicable to the request. It was noted during that meeting that the subject site is located within a City of Phoenix county island and that annexation would be required in order for the City to provide certain municipal services. 2. The applicant has not proposed any development with the subject application, however the table below shows the existing and proposed zoning along with the associated development standards. No deviation to the R-2 zoning district development standards is proposed. Regulation Existing Rural-43 Standards Proposed R-2 Standards Height 30-feet 30-feet Front Yard 40-feet 20-feet Side Yard 30-feet 5-feet Street-Side Yard 20-feet 10-feet Rear Yard 40-feet 25-feet Lot Area 43,560 sq. ft. 6,000 sq. ft. Lot Width 145-feet 60-feet Average Lot Area Per Dwelling Unit 43,560 sq. ft. 4,000 sq. ft. Lot Coverage 25% 60% 3. The aerial photo on the next page highlights recent development within the City of Phoenix adjacent to the subject site. This photo shows development patterns that are of similar density to the proposed project, and may be complimentary to the type of development that would be allowed in the proposed R-2 zoning. Staff highlighted two developments on the aerial image (Pinnacle at Union Park in Blue, and Norterra Parcels 7,8, and 9 in green) that have an average lot area less than or equal to what would be allowed in the proposed R-2 zoning district. As such, staff is of the opinion that the R-2 zoning would provide a suitable gradual transition between the higher density development to the west of the subject site and the rural densities to the east of the site. Z2021051 Page 3 of 7 2021 Aerial Zoning Exhibit Z2021051 Page 4 of 7 Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural-43 / Vacant North: Parsons Rd. alignment then Rural-43 / Single-Family Residence South: Desert Hollow alignment then City of Phoenix / Vacant East: Rural-43 / Single-Family Residence West: 19th Ave. then City of Phoenix PUD / Multi-Family Residential Utilities and Services: 5. Water: City of Phoenix Wastewater: City of Phoenix School District: Deer Valley Unified School District Fire: Daisy Mountain Fire Department Police: MCSO Right-of-Way: 6. The following table includes existing right-of-way and notes the roadway is within the City of Phoenix Jurisdiction. Street Name Existing Classification Half-width Proposed R/W Existing Jurisdiction 19th Avenue Major Arterial N/A City of Phoenix Adopted Plans: 7. Maricopa County Comprehensive Plan - Vison 2030 (adopted 2016): The subject site is located outside of a county area plan, and as such is designated as Rural Development Area (0-1 d.u./ac.). the subject site is also located within the City of Phoenix municipal planning area. 8. * City of Phoenix General Plan 2015 (adopted 2015): The subject site is designated for single-family residential development 3.5 to 5 du/acre - Traditional Lot. Staff notes that the City of Phoenix has been working with the applicant to annex the site. Public Participation Summary: 9. The applicant complied with the Maricopa County Public Participation Process with the required posting of the property and notification to the adjacent property owners within 300’ of the subject site and the area of interest groups. In addition, per staff recommendation the applicant has begun the annexation process with the City of Phoenix. 10. * Staff has received twenty-seven (27) letters of opposition from eighteen (18) residents of the area and one (1) letter of opposition from the City of Phoenix. Staff notes that some of the parcels in opposition are within 300’ of the subject site however; a supermajority has not been reached. The nature of the opposition consists of concerns over the change in character to the area, higher density proposed within this rural area, impacts of Z2021051 Page 5 of 7 increase in traffic to the subject area, excessive noise, and the potential negative impacts on property values. 11. * Staff received two (2) letters from areas of interest ADOT and Daisy Mountain Fire District noting they had no concerns. The applicant provided correspondence from the City of Phoenix noting the city supports the requested annexation noting that annexation is necessary in order for the City to provide certain services for the site. Staff provided an additional notification on November 30, 2021 to the City of Phoenix regarding the subject request and received one letter from the City of Phoenix dated December 8, 2021 noting that the City has concerns regarding the pending annexation and the inconsistency of the proposed development with their General Plan Land Use Map. The City of Phoenix has requested that the case not proceed to public hearing in order to allow the applicant to address these concerns with the City of Phoenix. Outstanding Concerns from Reviewing Agencies: 12. N/A. Staff Analysis: 13. * The proposed rezone of the site from Rural-43 to R-2 is inconsistent with the Maricopa County Comprehensive Plan land use designation for the site. The area to the east of the site is typical rural character (0-1d.u./ac.) with single-family housing which is consistent with the Rural-43 zoning district and the land use designation outlined in the County Plan. Staff is of the opinion that the subject application should be continued until such a time that the applicant has addressed the concerns from the City of Phoenix. Staff notes that the area west of 19th Ave. within the City of Phoenix has urbanized with residential uses of similar character and an average lot area that is equal to or less than what is required with the proposed rezoning to R-2. Without the support of the City of Phoenix and subsequent annexation of the site, the proposed development is unlikely to gain access to the necessary services that support the proposed to R-2 zoning. Recommendation: 14. * For the reasons outlined in this report, staff recommends the Commission motion for an Indefinite Continuance of Z2021051. 15. * However, should the Commission consider a recommendation for approval, then staff offers the following conditions ‘a’ – ‘h’ for Commission consideration: a. Development of the site shall be in conformance with the Zoning Exhibit entitled “Bungalows at Norterra”, consisting of 1 full-size sheet, stamped received October 12, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Bungalows at Norterra”, consisting of 5 pages, dated October 8, 2021, and stamped received October 12, 2021, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: Z2021051 Page 6 of 7 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. The applicant will be responsible for coordinating with the City of Phoenix to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements for 19th Avenue in conjunction with this and future entitlement(s). 3. Design for site development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 4. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 5. Design for site development must provide for at least two (2) paved points of access to existing and improved public roads. 6. The site is encumbered by Federal Patent easements which must be abandoned prior to site development. https://www.maricopa.gov/775/Abandonment-of-Patent-Easements 7. 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. Prior to approval of the initial final plat or precise plan of development approval, 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 the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer providers. e. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. Z2021051 Page 7 of 7 f. 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. g. 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. h. 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, 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. Presented by: Jose Castañeda, Planner Reviewed by: Darren V. Gérard, AICP, Planning Services Manager Attachments: Case Map (1 page) Zoning Exhibit (1 page) Narrative Report (5 pages) MCESD comments (1 page) ENG comments (2 pages) *City of Phoenix (9 pages) Correspondence from applicant (3 pages) Area of Interest Correspondence (4 pages) *Map of Support/Opposition (2 pages) *Letters of Opposition (45 pages) M ARICO PA CO UN TY / M aricopa County Planning & Developm ent - Phoenix, AZ 3 G ross Acres: 17.6 approx. G enerated Novem ber 21, 2021 20:36 PM Z2021051 Application Nam e: Legal Description Bungalow s at 19th Ave. & Parsons Road EDR Applicant Case Address T04N R03E 6, T4N R03E 06 Felipe Zubia for Beus G ilbert M cG roder PLLC Applicant Phone/Em ail Parcel Prim ary:210-10-031A 480.429.3065 fzubia@ beusgilbert.com M ap scale 1:2,488 Supervisor District No. 210-10-010, 210-10-020C, 210-10-020D ZO NE CHANG E FRO M RU-43 TO R-2 5.3585 in Bungalows at Norterra Narrative Report 4 12/14/2020 RECEIVED 10/12/2021 Bungalows at Norterra Narrative Report 1 Bungalows at Norterra Southeast Corner of 19th Avenue and Parsons Road Narrative Report Zone Case #: Z2021051 Revised: October 8, 2021 12/14/2020 RECEIVED 10/12/2021 Bungalows at Norterra Narrative Report 2 Purpose of Request Beus Gilbert McGroder PLLC is representing Bungalows at Norterra LLC, the property owner of the properties in subject at the southeast corner of 19th Avenue and Parsons Road (APN 210-10-010, 210-10- 020C, 210-10-020D, 210-10-027A, and 210-10-031A), in pursuing a zone change from the current Rural-43 zoning designation to R-2 in support of a “bungalow” style multifamily development. Description of Proposal The Bungalows at Norterra is proposed as a small-scale multifamily rental community composed of “bungalow” style dwelling units. Bungalow style dwelling units are gaining in popularity, and include 1-, 2-, and 3- bedroom, single-story units. The 2- and 3-bedroom units are freestanding, detached, dwelling units with no adjoining walls. The 1-bedroom units are designed as duplexes with only one common wall per structure. All units include small, private, fenced-in backyards. The proposed density of for the Bungalows at Norterra is approximately 11 dwelling units per acre. This includes 64 one-bedroom units (or 32 duplexes), 73 two-bedroom units, and 33 three-bedroom units, which is 170 units total across approximately 17 acres. As a rental community, the property will not be further subdivided for each unit. Although each unit will have a private backyard, the community will further include semipublic amenities for residents, including dog parks, fire pit and sitting areas, outdoor dining and cooking, meeting areas, and a pool. The incorporation of these amenities enhances the community character, sense of place, and overall quality of life. Relationship to Surrounding Properties There are two distinct characteristics surrounding the site, east and west of 19th Avenue. East of 19th Avenue is within the City of Phoenix, and includes the growing Union Park at Norterra residential community, which includes a variety of housing types. Currently under construction in this community are townhomes that back up to 19th Avenue across from the site. West of 19th Avenue is unincorporated Maricopa County, which is predominately single-family residential uses. Location and Accessibility The site is located to the east of 19th Avenue and between Parsons Road and Desert Hollow Drive. The ingress and egress from the proposed Bungalows at Norterra is anticipated to occur along the two collector roads – Parsons Road and Desert Hollow Drive. Circulation System The internal circulation system is privatized to residents. Right-of-way dedications are provided for external boundary streets, including a 70-foot dedication for 19th Avenue, 40-foot dedication for Parsons Road, and a 25-foot dedication for Desert Hollow Drive. Bungalows at Norterra Narrative Report 3 Conclusion and Justification The bungalow-style housing option adds to the high-quality housing diversity in the region. The proposed Bungalows at Norterra appropriately fits the surrounding area and delivers an alternative high-quality housing typology to the region. The bungalow style multifamily development will provide a smooth transition and buffer between the high-density townhomes under construction as part of the Union Park at Norterra community across 19th Avenue in the City of Phoenix and the single-family homes east of 19th Avenue in unincorporated Maricopa County. Bungalows at Norterra Narrative Report 4 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: September 27, 2021 TO : Jose Castaneda, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Bungalows at Norterra - zone change. Z2021051 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 project is a zone change for Bungalows at Norterra at APN# 210-10-020C, D, 210-10-031A, 210-10-027A & 210- 10-010. Water and Sewer information is not provided. 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 September 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. Robert Fedorka, P.E. Planning & Development 301 W. Jefferson Ave., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: Bob.Fedorka@Maricopa.gov Maricopa County Planning & Development Department Engineering Plan Review Date: September 29, 2021 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Jose Castaneda, Planner, Planning & Development Services From: Robert Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2021051 Zone Change for Bungalows at 19th Ave. and Parsons Rd. Without a Plan of Development (E1 Memo) Job Site Address: East Side of 19th Ave., Between W. Desert Hollow Dr. & W. Parsons Rd. APN(s): 210-10-010, 020C, 020D, 027A & 031A This application is to specify zoning for future development areas and does not include a Plan of Development. PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the Zone Change application routed for review on September 21, 2021 and has no objections subject to the following conditions: 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. The applicant will be responsible for coordinating with the City of Phoenix to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements for 19th Avenue in conjunction with this and future entitlement(s). 3. Design for site development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 4. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 5. Design for site development must provide for at least two (2) paved points of access to existing and improved public roads. 6. The site is encumbered by Federal Patent easements which must be abandoned prior to site development. https://www.maricopa.gov/775/Abandonment-of- Patent-Easements 7. 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. Please contact me if you have any questions or require any additional information. City Council Formal Meeting Report Agenda Date: 6/16/2021, Item No. 39 Proposed 19th Avenue and Parsons Road Annexation - Public Hearing A public hearing, as required by Arizona Revised Statutes section 9-471, on the proposed 19th Avenue and Parsons Road Annexation. This public hearing allows the City Council to gather community input regarding this annexation proposal. The City Council will not act on the proposed annexation at this public hearing. Formal adoption of this proposed annexation will be considered at a later date. Summary This annexation was requested by Paul E. Gilbert, with Beus Gilbert McGroder, PLLC for the purpose of receiving City of Phoenix services. The proposed annexation conforms to current City policies and complies with Arizona Revised Statutes section 9 -471 regarding annexation. Additionally, the annexation is recommended for adoption per the attached Task Force Analysis Report (Attachment A). Public Outreach Notification of the pubic hearing was published in the Arizona Business Gazette newspaper, and was posted in at least three conspicuous places in the area proposed to be annexed. Also, notice via first-class mail was sent to each property owner within the proposed annexation area. Location The proposed annexation area includes parcels 210-10-020C, 210-10-020D, 210-10- 031A, 210-10-027A and 210-10-010 and is located at 19th Avenue and Parsons Road (Attachment B). The annexation area is approximately 15.73 acres (0.0239 sq. mi.) and the population estimate is zero individuals. Council District: 1 Responsible Department This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk Department Page 154 CITY COUNCIL REPORT TO: Mario Paniagua Deputy City Manager FROM: Alan Stephenson Planning Director SUBJECT: Request for Task Force Analysis: 19th Avenue and Parsons Road Annexation This report recommends the approval of the proposed annexation of 15.73 acres located at east of 19th Avenue and south of Parsons Road, Parcels: APN # 210-10-020C, 210-10-020D, 210-10-010, 210-10-031A, 210-10-027A THE REQUEST: The applicant is requesting annexation to access city services and proposes to rezone the parcels to develop a multifamily residential rental complex. OTHER INFORMATION: Planning Village: Deer Valley General Plan Designation: Traditional Lot, 3.5 to 5 dwelling units per acre Current Zoning District: RU-43 Equivalent Zoning District: S-1 Current Conditions Current Land-Use: Vacant To the North: Single-family dwelling and ranch properties, zoned RU-43, Maricopa County jurisdiction To the South: Undeveloped. Properties rezoned to Commercial Office/Major Office Option Restricted Commercial (C-O/M-O), City of Phoenix jurisdiction To the West: Residential and mixed uses (Norterra), zoned Planned Unit Development (PUD), City of Phoenix jurisdiction To the East: Single-family dwelling, zoned RU-43, Maricopa County jurisdiction …Maricopa County Non-Conformities Present? None Parcel (s) History: None ALTERNATIVES: Option A - Annex the land as requested: The city of Phoenix will control rezoning requests in this area to ensure conformance with the General Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared revenue, and impact fees. ATTACHMENT A Page 155 Option B - Deny the request for annexation: If annexed later, this site would have been developed under County zoning and development standards that may not be consistent with the General Plan, Land Use Map, zoning, and development standards. RECOMMENDATION: Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan, particularly the Land Use goal for land uses and development standards for unincorporated land, under Policies 1 and 2. This annexation is recommended for approval. Approval of annexation does not constitute recommendation for future rezoning actions. SUPPORTING INFORMATION: I. Water and Sewer Service Parcels currently fall within Water Pressure Zone Area 4A. There are both water and sewer infrastructure within the area. There is a 12-inch DIP water distribution main within 19th Avenue, along with a 54-inch PCCP transmission water main. There is also a 24-inch DIP sewer force main within 19th Avenue. The proposed parcels can likely be served by the City’s water and/or sewer system pending capacity review and approval. This review will be done at the time of preliminary site plan approval. Design and construction of any infrastructure will be the responsibility of the developer. Specifics regarding potential main extension requirements would be discussed and determined at a pre-app meeting after annexation. II. Fire Protection Servicing Station: Fire Station #5, 26700 N 27th Avenue Station Capacity Level, Unknown Station Capacity Level, After Annexation:Unknown Current Response Time: 3 Min. 0 Sec. City Average Response Time: 5 Min. 2 Sec. Difference From Typical Response Time: -2 Min. 2 Sec. Number Of Service Calls Expected: 21 Average Cost Per Service Call: $466 Estimated Total Annual Fire Service Costs: $9,820 III. Police Protection Servicing Station: Black Mountain Precinct, 33355 North Cave Creek Rd Number Of New Officers Required: 0.22 Number Of New Patrol Cars Required: 0.10 Estimated Total Annual Police Service Costs: $28,745 IV. Refuse Collection Number of New Containers Required: 0 Page 156 Public refuse container costs not applicable for apartments and non-residential uses which require private refuse services or contractual agreements with the City that are not determined at this time. Total Start-Up Costs For Refuse Collection: $0 V. Street Maintenance Average Cost Per Acre For Street Maintenance: $85 Estimated Total Annual Street Maintenance Costs: $1,342 VI. Public Transit Servicing Routes: here are no servicing routes to the proposed annexation area. VII. Parks and Recreation Neighborhood Park Demand In Acres: 0.82 Community Park Demand In Acres: 0.44 District Park Demand In Acres: 0.44 Total Park Demand In Acres: 1.70 Cost Per Acre, Annual Maintenance: $11,000 Total Annual Parks and Recreation Costs: $18,655 VIII. Schools Elementary School District: Deer Valley Unified High School District: Deer Valley Unified Total Expected Elementary School Students: 55 Total Expected High School Students: 32 Total Expected New Students: 87 IX. Revenues This annexation is not in an Impact Fee area Expected Total Impact Fees At Buildout: $0 Tax Revenue, Year One Property Tax Income: $1,026 Utility Fee Income: $9,831 State Shared Revenue: $63,780 Solid Waste: $32,542 Sales Tax Generated: $0 Total Tax Related Income, Annually: $107,179 Page 157 Tax Revenue, Year Two and Beyond Property Tax Income: $1,026 Utility Fee Income: $9,831 State Shared Revenue: $63,780 Solid Waste: $32,542 Sales Tax Generated: $0 Total Tax Related Income, Annually: $107,179 X. Total Costs Revenue, First Year Only: $107,179 Revenue, Year Two and Beyond $107,179 Expenses, First Year Only: $58,563 Expenses, Year Two and Beyond: $58,563 XI. Total Annual Revenue Total Annual Revenue, First Year Only: $48,616 Total Annual Revenue, Year Two and Beyond: $48,616 The above referenced Property Tax Income figures are based on vacant parcels only, it does not not refer to future development which will vary depending on number of lots and individual square footage. Total Tax Related Income and Total Annual Revenues will vary depending on project scope and size, the timing of permit issuance and build-out. Page 158 ATTACHMENT B Page 159 1 Kurt Waldier Subject: RE: 19th Ave & Parsons Annexation From: Megan Rosenberger <megan.rosenberger@phoenix.gov> Sent: Wednesday, June 16, 2021 4:34 PM To: Paul E. Gilbert <pgilbert@beusgilbert.com> Subject: 19th Ave & Parsons Annexation Hi Paul, Council held your annexation’s Public Hearing today with no public concerns. The next step is to mail out petitions to the property owners and utility companies for their signatures. Per legal deadlines, this will be done Monday, June 28. Once all original signed petitions are received, then we can schedule your annexation’s ordinance to go before Council. I will keep you updated. Please let me know if you have any questions or concerns. Thanks, __________________________________________________________________________ Megan Rosenberger │ElecƟons Coordinator- Early Voting & Annexations City Clerk Department - City of Phoenix 200 West Washington Street, 15th Floor Ph: 602.256.3245 phoenix.gov/cityclerk Follow us on Twitter @PHXClerk This message may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error and then immediately delete this message. From: Kurt Waldier To: Jose Castaneda (PND) Cc: Felipe Zubia; Paul E. Gilbert Subject: RE: Z2021051 - Bungalows at 19th Ave. & Parsons Road Date: Tuesday, November 9, 2021 5:40:06 PM Attachments: image003.png image004.png Parsons Annexation Council Agenda 6-16-21 Formal Agenda - Final.pdf City of Phoenix Annexation 19th Ave and Parsons 2021 06 16.pdf Jose, I hope you’ve been well. I am following up from our last correspondence in regards to the rezoning case Z2021051 located at 19th Avenue and Parsons Road. Specifically, I’d like to address the outstanding City of Phoenix Annexation related to the Bungalows at Norterra development: We do not have an assigned annexation number yet. But, please see the attached staff report supporting the rezoning. We spoke to Josh Bednarek, City of Phoenix Planning Deputy Director, and he stated he has no objections to the annexation or completing the rezoning in the County. However, he cannot provide a letter of support as you requested as this is outside of protocol. The Phoenix City Council has already voted in support of the annexation case (see attached correspondence from Megan Rosenberger with the City Clerk’s office), indicating they are willing to service the property with water/sewer utilities. We have already submitted a preliminary site plan to the City and have received comments back, but we are waiting on the annexation to proceed. I hope this appropriately addresses your annexation concern from the Technical Advisory Meeting on October 5. Please give me a call if you have any further questions. Kurt Waldier, AICP Planning Consultant BEUS GILBERT MCGRODER PLLC 701 North 44th Street | Phoenix, AZ 85008 Direct: 480.429.3061 | Main: 480.429.3000 | Fax: 480.429.3100 Email: kwaldier@beusgilbert.com Assistant: Wendy Peterson | 480.429.3138 | wpeterson@beusgilbert.com From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> Sent: Tuesday, October 12, 2021 12:18 PM To: Kurt Waldier <kwaldier@beusgilbert.com> Cc: Felipe Zubia <fzubia@beusgilbert.com> Subject: RE: Z2021051 - Bungalows at 19th Ave. & Parsons Road Hello, I have uploaded the 2nd submittal of the subject application. Once you have that letter or case number please send it to me and we can possibly proceed to hearing. Jose Castañeda Planner Planning & Development Desk: 602-506-8358 Jose.Castaneda@Maricopa.Gov P&D is now 100% digital. Find information on our new permit process here. From: Kurt Waldier <kwaldier@beusgilbert.com> Sent: Monday, October 11, 2021 3:54 PM To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> Cc: Felipe Zubia <fzubia@beusgilbert.com> Subject: RE: Z2021051 - Bungalows at 19th Ave. & Parsons Road Hi Jose, Thank you for the detailed comments on the Bungalows at Norterra project at 19th Avenue and Parsons Road. Please see attached response letter with revised Zone Change Application, Narrative Report, and Site Plan. These attachments can be provide via a separate email upon request. Also attached is an updated Affidavit of Citizen Review Process identifying the two new sign postings on the site along Parsons Road and Desert Hollow Drive. We will provide the information the City of Phoenix Annexation request via a separate email. Thank you again for your feedback. Please let us know if there is anything else you need from us. From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> Sent: Tuesday, October 5, 2021 11:49 AM To: Felipe Zubia <fzubia@beusgilbert.com>; Kurt Waldier <kwaldier@beusgilbert.com> Subject: Z2021051 - Bungalows at 19th Ave. & Parsons Road Hello, I have revised the TAC comments to reflect comments made during the TAC meeting. To clarify some of the comments we are requesting the case number for the annexation request. Along with the case number we need a letter of support from Phoenix. With both of these I could stipulate to the annexation. However, without either of these items indicating the annexation I will need the will serve letters for water and sewer. Thank you, Jose Castañeda Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-506-8358 | Fax: 602-506-3282 Jose.Castaneda@Maricopa.Gov P&D is now 100% digital. Find information on our new permit process here. This message may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error and then immediately delete this message. This message may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error and then immediately delete this message. From: Bernadette Martinez To: Jose Castaneda (PND) Cc: Peggy Fehlman Subject: Re: Z2021051 - Bungalows at 19th Ave. & Parsons Road Date: Friday, September 24, 2021 11:14:57 AM Attachments: image001.png image002.png Thank you for your notice of the above referenced item. After review, the above referenced location is more than 1/2 mile from any ADOT proposed or existing highway facility and is not anticipated to cause impacts to ADOT facilities . As such, ADOT has no comment regarding the request associated with this case. ADOT reserves the right to review any future plans, additions and/or changes to this development as to any impact they may have on the State Highway System. Please feel free to contact me should you have any further questions. We appreciate the opportunity to review and comment. Thank you. Bernadette Martinez Right of Way Coordinator Assistant Transportation Construction Technician IV Central District 2140 W. Hilton Ave, MD 700 Phoenix, AZ 85009 602.712.2086 On Wed, Sep 22, 2021 at 11:25 AM Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> wrote: Greetings, Maricopa County Planning and Development has received the subject Rezoning application. County staff has scheduled a meeting with the applicant on October 5, 2021. You have been identified as a stakeholder in the area of the subject application. You or your authorized representative are invited to submit written recommendations/comments for the subject application which may be discussed at the upcoming meeting. Please feel free to contact me with any questions or comments you may have related to this case. Best Regards, Jose Castañeda Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-506-8358 | Fax: 602-506-3282 Jose.Castaneda@Maricopa.Gov P&D is now 100% digital. Find information on our new permit process here. From: Dave Nielsen To: Jose Castaneda (PND) Subject: RE: Z2021051 - Bungalows at 19th Ave. & Parsons Road Date: Thursday, September 23, 2021 9:58:00 AM Attachments: image004.png image005.png Hello Jose, Daisy Mountain Fire has no comments or concerns with this rezoning. Respectfully, Dave Nielsen Assistant Chief - Fire Prev. DaisyMountainFire.org 623-465-7400 x119 From: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> Sent: Wednesday, September 22, 2021 11:25 AM To: Foothill Focus foothills <focus@qwest.net>; Fire Marshal <fire.marshal@dmfd.org>; Dove Valley Coalition <dovevalley@lycos.com>; District 3 Advisory Committe <saravannucci@worldnet.att.net>; Anthem Community Council <tsmith@AnthemCouncil.com>; Maricopa Association of Governments <swilken@azmag.gov>; Maricopa Association of Governments <VWolfley@azmag.gov>; New River/Desert Hills Community Association, Inc <Plan-dev@NRDHCA.com>; New River/Desert Hills Community Association, Inc <George@NRDHCA.com>; New River/Desert Hills Community Association, Inc <4DaisyMountain@gmail.com>; Anthem Community Council <dgreenstein@AnthemCouncil.com>; New River/Desert Hills Community Association, Inc <John@NRDHCA.com>; New River/Desert Hills Community Association, Inc <Ed@NRDHCA.com>; City of Phoenix <alan.stephenson@phoenix.gov>; Eileen Baden (PRK) <Eileen.Baden@maricopa.gov>; Maricopa Association of Governments <kcotner@azmag.gov>; Deer Valley Unified School District <sandy.kube@dvusd.org>; ADOT <redletter@azdot.gov> Subject: Z2021051 - Bungalows at 19th Ave. & Parsons Road Greetings, Maricopa County Planning and Development has received the subject Rezoning application. County staff has scheduled a meeting with the applicant on October 5, 2021. You have been identified as a stakeholder in the area of the subject application. You or your authorized representative are invited to submit written recommendations/comments for the subject application which may be discussed at the upcoming meeting. Please feel free to contact me with any questions or comments you may have related to this case. Best Regards, Jose Castañeda Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-506-8358 | Fax: 602-506-3282 Jose.Castaneda@Maricopa.Gov P&D is now 100% digital. Find information on our new permit process here. PHOENIX PHOENIX W Desert Hollow Dr W Parsons Rd W Desert Hollow Dr N 17th Ave 19th Ave 210 10 012A 210 10 012D 210 10 014E 210 10 014F 210 10 012A 210 10 012D 210 10 014E 210 10 014F 210 10 008F 210 10 018B 210 10 010 210 04 021 210 04 022 210 10 031A 210 04 480 210 10 012E 210 04 245 210 04 206 210 04 478 210 10 030B 210 10 007C 210 10 008D 210 10 008G 210 10 018A 210 04 485 210 10 008B 210 10 014C 210 10 020C 210 04 334 210 10 012C 210 10 016A 210 10 020D 210 10 018C 210 10 021E 210 04 752 210 10 009B 210 10 003 210 10 027A 210 10 007A 301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601 Document Path: G:\shiloh.johnson\PlanningandDevelopment\OppositionCases\Z2021051\Z2021051.aprx DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form. www.maricopa.gov/planning Maricopa County OET, GIS Division, 12/8/2021 140 0 140 70 Feet Opposition and Support Z2021051 Subject Parcel 300' Buffer Opposition Parcel Supporting Parcel All Opposition Parcels All Supporting Parcels 300' Buffer Interior 300' Buffer Selection Eligible parcels: 54 Supporting parcels: 0 Opposition parcels: 4 Supporting parcels sq ft: 0 Opposition parcels sq ft: 201,141.6 Subject parcels sq ft: 697,606.5 All area inside the 300' buffer: 2,046,795.6 All area inside the 300' buffer - excluding subject parcel, ROW and excluded parcels: 1,035,243.0 No-response parcels sq ft: 834,101.4 Super Majority opposed parcel acres: 19% Super Majority opposed parcel number: 7% 19th Ave 210 11 010C 210 10 012A 210 10 012D 210 10 014E 210 11 021F 210 10 026E 210 10 026C 210 10 011C 210 11 021H 501 North 44th Street, Phoenix, Arizona 85008, (602) 506-3601 Document Path: G:\shiloh.johnson\PlanningandDevelopment\OppositionCases\Z2021051\Z2021051.aprx DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form. www.maricopa.gov/planning Maricopa County OET, GIS Division, 12/8/2021 250 0 250 125 Feet All Responses Z2021051 Subject Parcel 300' Buffer All Opposition Parcels All Supporting Parcels - None Identified From: Julie Burns To: Jose Castaneda (PND) Subject: Case Z 2021051 Date: Monday, November 29, 2021 4:48:39 PM Hello, I would like to speak at the following case. Whom do I address my letter of opposition to? Stay Safe, -- Julie Burns, Corporate Secretary Hawkeye Landscaping Inc. Office 623-582-1122 fax 623-434-1814 hawkeyecustomlandscaping.com Mailing Address: 1717 W Yearling Rd Phoenix AZ 85085 Physical Address: 24401 N 15th Ave Phoenix AZ 85027 From: Julie Burns To: Jose Castaneda (PND) Subject: Re: Case Z 2021051 Date: Tuesday, November 30, 2021 2:53:28 PM Thank you. --- Julie Burns, Corporate Secretary Hawkeye Landscaping Inc. Office 623-582-1122 fax 623-434-1814 hawkeyecustomlandscaping.com Mailing Address: 1717 W Yearling Rd Phoenix AZ 85085 Physical Address: 24401 N 15th Ave Phoenix AZ 85027 On 2021-11-30 13:03, Jose Castaneda (PND) wrote: > Hello, > > Please use the following link to read registration details and > register for the hearing: > https://www.maricopa.gov/Calendar.aspx?EID=2481 > > Jose Castañeda > Planner > Planning & Development > Desk: 602-506-8358 > Jose.Castaneda@Maricopa.Gov > > P&D is now 100% digital. Find information on our new permit process > here. > > -----Original Message----- > From: Julie Burns <julieb@hawkeyecustomlandscaping.com> > Sent: Tuesday, November 30, 2021 12:09 PM > To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> > Subject: Re: Case Z 2021051 > > How do I register to speak? > > --- > Julie Burns, > > Corporate Secretary Hawkeye Landscaping Inc. Office 623-582-1122 fax > 623-434-1814 hawkeyecustomlandscaping.com Mailing Address: 1717 W > Yearling Rd Phoenix AZ 85085 Physical Address: 24401 N 15th Ave > Phoenix AZ 85027 > > On 2021-11-30 08:35, Jose Castaneda (PND) wrote: >> Good morning, >> >> The opposition has been noted and added to the casefile. >> >> Thank you, >> >> Jose Castañeda >> Planner >> Planning & Development >> Desk: 602-506-8358 >> Jose.Castaneda@Maricopa.Gov >> >> P&D is now 100% digital. Find information on our new permit process >> here. >> >> -----Original Message----- >> From: Julie Burns <julieb@hawkeyecustomlandscaping.com> >> Sent: Monday, November 29, 2021 4:49 PM >> To: Jose Castaneda (PND) <Jose.Castaneda@maricopa.gov> >> Subject: Case Z 2021051 >> >> >> Hello, >> I would like to speak at the following case. >> >> Whom do I address my letter of opposition to? >> >> Stay Safe, >> -- >> Julie Burns, >> >> Corporate Secretary Hawkeye Landscaping Inc. Office 623-582-1122 fax >> 623-434-1814 hawkeyecustomlandscaping.com Mailing Address: 1717 W >> Yearling Rd Phoenix AZ 85085 Physical Address: 24401 N 15th Ave >> Phoenix AZ 85027 From: Julie Burns Office To: Jose Castaneda (PND) Subject: Z 2021 051 Date: Tuesday, November 30, 2021 7:20:15 AM Dear City of Phoenix, Deer Valley Council Members, Maricopa County Council Members, Mayor Gallego, My name is Julie Burns. I live one house and block from the numerous high density planned development’s in our area. We have met with Toll Brothers attorney’s several times. We dispute the traffic report. They want to characterize the residence as “not for development,” “not for building,” “not for infrastructure,” “not wanting change,” “Not knowing how good this would be for our neighborhood,” “not knowing what’s good for the community, City of Phoenix or State of Arizona.” Let me tell you who we are in your community, City of Phoenix, and State of Arizona. We are your business owners, entrepreneurs and hard workers that depend on the construction economy. WHO WE ARE: We are your Registered Nurses, BSN’s who take care of our community, your Anesthetist who makes sure you wake up during a procedure, your landscape construction company to give great outdoor spaces owner, your realtor to sell you homes, your granite slab installation company owner, your drinking water purifier owner, your plumber owner, your electrician owner, TWO well drill owners, TWO pest control company owners, TWO Turf Paradise Race track owners and trainers, your FedEX driver, your tree trimer owner, your landscape maintenance owner, your Post Master who delivers your mail, your custom car restoration owner/Professional Race Care Driver, your Professional World Wakesurfer, your cheerleader coach, your school teacher, your retired Veteran’s who bought the land when first offered by the government, your Veteran’s widower, your marshal arts studio owner, assisted living home owner, your high level corporate professional for a publicly traded company, ect So, if you think we can’t do change, let me tell you what we have been through and changes made to make it through the Great Recession, COVID, and now inflation. We want and need change, development, growth and population for our lively hoods. However, the above neighbors are united in preserving the character of our neighborhood. KEEP CURRENT ZONING First and foremost, I want to say I’m sorry to our four neighbors (zoned R-43) that are under escrow with the developer. I do not intend to do them harm by opposing the high density development. However, maybe I’m doing you a favor. By now, you see that you can not buy a home similar to our area for any price. Not even one million dollars… I’m sorry to go against your wishes. However, I will not throw in the towel for our lifestyle and character of our neighborhood. Now, to express to DV staff my desire to deep the current zoning Medical offices and General Comerance (5 ac) and R-43 (10 ac) just how it is. I don’t think the proposed R-43 should be changed to any type of commercial zoning. With the current zoning, this will allow the proper buffer that is needed for our county island neighborhood. The current zoning will allow a proper buffer and keep our character of the rural neighborhood. Please, consider all the comment’s you received from the residences of our little county island. This high density development is not wanted in our area and will not fit the character of the area. We just want the existing commercial buffer and no more. We love the rural character of our neighborhood. We hope you too, can look past what the developers want to turn our neighborhood into. We love our lifestyle. Please DON’T recommend this high density development in are area. KEEP the CURRENT ZONING. NOTES of Letter- Meeting City of Phoenix Annexation My name is Julie Burns. I have three separate one acre lots on Yearling. The first acre is one lot in from the subject property on the North side of Yearling. The second acre is three lots from the subject property on the North side of Yearling. The third acre is two lots down from the subject proper on the South side of Yearling. One house is currently being built by my Son contracted with NextGen builders, I live in the other house and the third acre has a beautiful shed, I’m using for my horse barn. So, I have a lot invested in this immediate area. When the state land sold to USSA, they worked with the neighborhood to get our input in the development. We agreed to have a walk around the whole development for horses/runners, bikers etc. We worked on agreeing to have commercial focused on Happy Valley/Jomax and agreed to have houses on 19th Ave. Guess what…? USSA and their developers didn’t change anything along the way. USSA was respectful for our needs to keep our neighborhood character. And I thank them tremendously, because, I now see how easy it is for changes to happen along the way out of sight of the neighbor’s. So this round of developers wants high density development in our neighborhood and has no concern for the character of our area. We have new homeowners and original homeowners with residences in this area that want to keep things rural. Not changing the rural feel is the main goal our neighborhood want and need for development. The developers have ignored, lied and disregard our desires during their community outreach. This little annexation to the City of Phx is just a “baby step” to use a quote from Dave Ramsey. It will lead to more high density development with this developer that doesn’t listen to the neighborhood and a lack of respect for our lifestyle. All services that is desired can be done within Maricopa County. A water well can supply up to 4 homes. We have fire service, sheriff’s and anything else a homeowner would want. I’m opposed to the City of Phoenix encroaching on our rural living. And I’m opposed to the developers not listening to the homeowners that have lived here for 50 years to only 6 months. We should have a voice…? KEEP ZONING AS IS. Our main goal is to keep commercial on Happy Valley. One acre lot in. It is slowly encroaching more into our neighborhood by the developers silencing our neighbor’s by making offers and being in escrow with the homeowners. Low balling them with offers that cannot replace their current lifestyle. Please listen to our desires. We know this is a baby step for this developer. We DO NOT WANT City of Phx in a random spot in our R-43 neighborhood and We Do Not Want high density zoning R2 -- Julie Burns, From: wmags@aol.com To: Jose Castaneda (PND) Subject: [SUSPECTED SPAM]Bungalows Z2021051 and Toll Brothers GPA-DV-2-21-1 and Z-48-21-1 Date: Wednesday, December 8, 2021 8:49:19 AM I am greatly opposed to the developments on N. 19th Ave. I Martha Tallant, 25814 N. 17th Ave, Phoenix, Az 85085 have lived at this address since 1972 along with my husband James (now deceased).I do not oppose to single family homes being built on 1 Acre parcels. I have watched as the city limits moved north which was expected, however apartments and bungalow type home was never anticipated. These developments will have a great impact on our daily lives. (not in a good way). What will this do to our property values? On our school districts? We already have seen traffic problems which will only get worse. Thank you for listening. Mrs Martha Tallant wmags@aol.com From: Courtney Hamby To: Jose Castaneda (PND) Subject: Case number Z 2021 051. Date: Wednesday, December 8, 2021 11:23:35 AM Good morning Jose, Our names are Wayne Butler and Courtney Hamby. Our address is 1707 W Yearling Rd, Phoenix, AZ 85085. We are writing this email to inform you that we are still opposed to the development. We are very concerned about the traffic issues this will create. We have yet to see a plan that has been put in place to handle the amount of traffic this is going to create. It is very hard to pull out of our streets already during rush hour traffic. We are also concerned that traffic will start diverting through our neighborhood, we have young children that walk to friends or play in the neighborhood and we have been very concerned, especially when I 17 was having work done, this very same thing happened, traffic started diverting through our neighborhood, there were people flying down 17th Avenue, not even stopping to see if traffic was coming etc. This raises a lot of concern for us! We have truly enjoyed our county island and we feel this development will forever change this area in a negative way. Thank you, Courtney Hamby Wayne Butler From: Laura B To: Jose Castaneda (PND) Subject: case number Z 2021 051 Date: Tuesday, December 7, 2021 8:15:28 PM I am Laura Bates and own 1744 west parsons road. We bought this property because we were enchanted with the characteristics of the neighborhood. We could have animals and had a fresh water well! We did our homework and found out the lots across from us were zoned 1 home per acre like our home. The lot behind (the now KT) was zoned for medical office. This was a buffer zone from the commercial lot on happy valley. We did this homework to make certain we would not have an eyesore out our front windows. I am very concerned with the proposed changes of hundreds of small houses. My view will become a 6 or 7 foot wall. Even more concerning is the plan to exit out on to our road. This a private road that homeowners maintain. The residents have been talking about creating a gated community to eliminate traffic we already see. Riding horses on this road would no longer be safe. My chicken will no longer be able to wonder on our land. What happens when residents complain about flies and smell of the country. This will significantly reduce our property value or at least potential buyers. I know I would not buy it had I known I would be looking at a brick wall and have hundreds of cars going up and down the road. Who would pay premium price for this. I noticed the developers asking for the general plan to be charged. What changes are the looking for and why? I would also like to speak at the meeting. Regards, Laura Bates From: Travis Burke To: Jose Castaneda (PND) Subject: case number z 2021 051 Date: Wednesday, December 8, 2021 8:00:06 AM Dear Jose Castaneda, I live at 26215 N. 17th drive Phoeniz az 85085 in the county island. My wife and I specially sought out this area because of its unique zoning of 1 acre parcels per home. This ensures that the area will remain large estates and not be over run with town homes or apartments or even cookie cutter new builds you see all over the valley. We are totally against the rezoning of the county land to allow these types of apartments. Thank you for you consideration on this matter Travis Burke - Owner NurtureScape Landscape Company Cell- 602.621.3355 Nurturescapeaz.com ROC 331593 From: Wayne Hudgeons To: Jose Castaneda (PND) Subject: Case number Z2021051 Zoning of R-43 to R-2 Date: Tuesday, December 7, 2021 1:54:03 PM Jose, My name is Wayne Hudgeons and I live at 25406 N 17th ave. I am writing to let you know that I am opposed to the rezoning of the 17 acres case number Z2021051. I feel that this community is great with the zoning that we have and that is why we purchased a place to call home. The rezoning to multi family dwellings does not go with the character of our neighborhood. Another reason would be the extra noise and light pollution that would not go with the existing homes. The extra traffic that would come through our private community maintained roads would also be a major burden. Best Regards, Wayne Hudgeons 623-340-0579 From: dave beaver To: Jose Castaneda (PND) Subject: Case Z 2021 051 Date: Tuesday, December 7, 2021 8:48:36 PM Dear Mr. Castaneda, My name is David Beaver, residing at 1732 W. Yearling Rd., Phoenix, AZ 85085. This is regarding case number Z 2021 051. I am opposed to the rezoning and the Toll Brothers project, cases GPA-DV-2-21-1 and Z-48-21-1. My family have been residents here for 10 years. We enjoy this community. It’s a perfect place to retire because of the convenience of our daily necessities, such as shopping, pharmacies, eateries, etc. There are plenty of other properties off Happy Valley where they can develop multi-family zoning and build apartment complexes. I am not in favor of a re- zoning nor the Toll Brothers multi-family apartment complex. Please respect our desire to keep this Happy Valley island a single-family community. Sincerely, David Beaver From: Valerie King To: Jose Castaneda (PND) Subject: Case Z 2021 051 Date: Tuesday, December 7, 2021 5:23:34 PM Dear Mr. Castaneda, My name is Valerie King, and my address is: 1732 W. Yearling Rd., Phoenix, AZ 85085. I am writing you regarding case number Z 2021 051. I am strongly opposed to the rezoning and the Toll Brothers proposed development, (cases GPA-DV-2-21-1 and Z-48-21-1). Please let our voices be heard so we can keep our neighborhood to a single-family not multi family zoning! Smiles, Valerie King From: Alison McKee To: Jose Castaneda (PND) Subject: CASE Z 2021051 Date: Wednesday, December 8, 2021 12:36:39 PM Attachments: County Case Z 2021051.pdf Jose, I just learned of the re-zoning meeting for the 17 acre parcel off of 19th Ave & Parsons Rd, case Z 2021051. Please see the attached letter with my concerns on this matter. We are a rural county island with special animal rights. High density apartments are not going to mesh well with our community and way of life. Please share the letter with the council and ask for a no vote on the rezoning to help preserve our rural way of life. My husband and I wish the zoning to remain as is. Kind regards, Alison McKee 1219 W Parsons Rd Phoenix, AZ 85085 602-702-3676 From: Stephen Murphy To: Jose Castaneda (PND) Subject: CASE Z 2021051 Date: Monday, December 6, 2021 8:39:20 PM I am a resident in the Happy Valley Island at 1647 W Briles Road for the last 4 years. I would like to speak at the meeting December 9 regarding case Z 2021051 I would also like to put on record my opposition to the rezoning and Toll Brothers proposed build. I will be short and succinct as possible. First I believe this build is not consistent with the existing immediate neighborhood. No where in our little island is there a 4 story complex. We are a small neighborhood of single family homes with a few businesses on Happy Valley and 19th, of which none are multiple story complexes of this size. Secondly, is R43 is the current zoning. Rezoning to R2 will change the neighborhoods character. We moved here with a certainty of certain characters. This change will alter this certainty, more condensed living will increase living, the stress on the livestock including horses which there are at least 20 in the neighborhood. To build a dense living area will inevitably result in complaints from the new residents about the smell and flies associated with horse properties. Thirdly, I moved here with the understanding of the current zoning. I accepted that. Now it is being proposed to change that against my opposition and others. Do we as, a community, not have a say in the changes that occur in our community for something that directly affects us? We are not asking for change on this zone only to honor the current zoning. Fourthly, there are plenty of other sights in the surrounding area for apparent complexes to be built to support the dense housing needs. I don’t see a justification for this build on this particular site when other areas are available to support an apparent complex. To support this build is to ignore our wishes to preserve the community in which we live in. The current zoning does not support the Toll Bothers proposed build and the zoning should remain as is for development. That has clearly been the voice of the immediate neighborhood. Fifthly, this will without question decrease the value of our house and ever single person’s house in the neighborhood. I sincerely hope that the voices of our community are heard and respected. We love our neighborhood and want to preserve it and keep with the current zoning. The apartment complex is in now way consistent with the neighborhood. Please add my comments to the meeting. I would also like to register to speak at the meeting Dec 9th. Thank you for your time and consideration in this matter. Stephen B Murphy (219) 308-8516 From: James Wh To: David O Simmons Cc: Jose Castaneda (PND); mayor.gallego@phoenix.gov Subject: Concerning GPA-DV-2-21-1 Z-48-21-1 &. Z-2021051 Date: Tuesday, December 7, 2021 7:09:08 AM Hello, My name is James Whatley and I’m writing to have my statements put on file and to register to speak at the upcoming meetings this Thursday for both projects involving the area north of Happy Valley road along 19th Ave all the way to Parsons rd. I am aresident and relative of one of the first homes built in this county island. These new planned apartment and “bungalow” housing projects do not fit in with the original character of our neighborhood. The residents of this county island including myself have gotten together to fight these new builds and we all are in agreement that our Zoned R-43 properties need to remain so! The land connecting to Parsons road is zoned R-43 ( 1 house per acre) and should remain that way. The builder is trying to build apartments conveniently renamed as “bungalows” . We are only “ok” with one house per acre! This county island is relatively small and the residents chose to live here because we all enjoy our privacy and our horses and other large stock animals. We are all connected by private and quiet roads. The families that live here, live off of water supplied by wells and we all have beautiful homes. We all enjoy our space and the peace and quiet that was guaranteed to us when we purchased the Character of this area. The parcel just north of Happy Valley is zoned Commercial Business. Toll Brothers wants to rezone this and build an original 470 unit apartment complex there. They have accumulated more land so they will want to build even more units. We are fine with businesses moving in, this area needs more businesses, not more apartments! This area is not set up nor can it handle the type of development that is trying to move in this area. These builders are targeting our area thinking they can come in and change the character and life style of this area for their profit. They can easily go somewhere else in the “city” and obtain land that is already zoned for there needs. Currently, there are multiple other apartments being built around us. There are more than 5 complexes being built within a mile radius of our county island. The growth in this area is beyond exponential at this time and this area is not prepared. All of the main feeder roads around us are 2 lane roads, except for Happy Valley road. There is already a huge influx of vehicle traffic and and traffic accidents that are occurring everyday, in an area not meant to handle such growth. Not to mention the excessive noise, light and air pollution that we are experiencing from the already over burdened surrounding communities. The next thing to get polluted is our ground water that all of us county islanders rely on to keep our families and our animals alive and healthy. Please, take my words into consideration during these and all future meetings concerning this area and share these statements with your colleagues and meeting goers. Thank you all for your time and understanding in this matter. Sincerely, James Whatley Sent from my iPhone From: Rachel Applegate (PND) To: Jose Castaneda (PND) Subject: FW: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation Date: Wednesday, December 8, 2021 7:13:05 AM From: noreply@civicplus.com <noreply@civicplus.com> Sent: Tuesday, December 7, 2021 2:23 PM To: PND PZAppeal <PNDPZAppeal@maricopa.gov> Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation Appeal of Planning and Zoning Commission Recommendation Appeal Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if this appeal form is received within 15 calendar days following Commission hearing, then the agenda item will be placed on the regular agenda for the Board of Supervisors hearing. Name Julie Burns Email Address hawkeyestables@gmail.com Address 1717 w yearling Road City phoenix State AZ Zip Code 85085 Phone Number 6026953903 Fax Number Field not completed. Case Number / Project Name Z2021051 Planning & Zoning Commission Hearing Date December 9, 2021 Reason for the Appeal of the Subject Case Exit is off Parsons and will cause dust and health issues related to the dirt roads not maintained by Maricopa County. Neighbors will get dust complaints. Would like single family and not multi family zoning. Electronic Signature Agreement Field not completed. Electronic Signature Julie Burns Email not displaying correctly? View it in your browser. From: Rachel Applegate (PND) To: Jose Castaneda (PND) Subject: FW: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation Date: Wednesday, December 8, 2021 7:12:53 AM From: noreply@civicplus.com <noreply@civicplus.com> Sent: Tuesday, December 7, 2021 4:07 PM To: PND PZAppeal <PNDPZAppeal@maricopa.gov> Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation Appeal of Planning and Zoning Commission Recommendation Appeal Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if this appeal form is received within 15 calendar days following Commission hearing, then the agenda item will be placed on the regular agenda for the Board of Supervisors hearing. Name Melissa Crawford Email Address tryitonjewels@aol.com Address 1736 W Parsons Rd City Phoenix State AZ Zip Code 85085 Phone Number 6236067248 Fax Number Field not completed. Case Number / Project Name Z2021051 Planning & Zoning Commission Hearing Date 12/09/2021 Reason for the Appeal of the Subject Case Our neighborhood opposites changing the zoning from R43 to R2. This zoning changes our lives and the lives of our animals. It decreases our property values, causes insane amounts of traffic and impacts our ANIMALS! Electronic Signature Agreement I agree. Electronic Signature Melissa D Crawford Email not displaying correctly? View it in your browser. December 7, 2021 RE: Maricopa County Case # Z2021051 -OBJECTION ATTN: Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov Jose Castañeda Planner Planning & Development Desk: 602-506-8358 Jose.Castaneda@Maricopa.Gov Bill Gates Chairman, District 3 district3@mail.maricopa.gov To All It May Concern; At What Point in time was it decided that Investors get priority over Owner Occupied Residential entities no matter what. If you don't know how this feels, wait until they come for your backyard. I wish I could be short and to the point, but thats very difficult to do when there are so many points. I truly am not trying to filibuster your time, but there are a multitude of aspects to object to and there are lifetimes/styles/dreams/realities and more that are at stake, so I respectfully ask that you read this slowly, and in its entirety and remember that your decisions really will only have a lasting effect on those of us who RESIDE within the boundaries of this County Island that we are trying to defend. Others will never know if they didn't get to live in an apartment that was never built. (but they might someday get to be a homeowner with horse privileges and more) That btw being one of the multiple aspects to our objections. One of the greatest things about the Phoenix metropolitan area is the diversity of options when it comes to housing. Within the "city" aspects there are many areas where you can feel/be "rural" and very few big Cities can boast that. We have dealt with and been surrounded by growth for many years now, but this proposed development will not surround us, they will invade, envelop, and suffocate us and our animals . They are stepping directly within our borders, and it is sad that you would allow that to happen to your constituents. How long before you start getting complaints because of horses, donkeys bees, etc. The density is the biggest issue for us all - why not a small gated community with 1/3 acre (even better 1/2 acre) homes that would temper and flow very readily into our community. We are a small landlocked county island with numerous residents that desire to leave it that way. What right does anyone have to buy Land zoned R-43, and identified multiple times by government entities as an area that would be retained as rural, and destroy it's character simply for the fact that it was cheap (compared to already zoned and appropriate parcels). Over the years we believed what we were told from the Deer Valley Planning Commission (who we were lead to believe carried the most weight), multiple times, this area was meant to remain low density , and we took them at their word So to be clear, we have no objections nor issues with people or companies buying vacant land on the off chance that at some point in their investment lifetime this will pay off for them. And in some instances that might make sense. Within the boundaries of our land locked County (partially Phoenix) Island however, this does not. Therefore WE OBJECT. Parcel sizes to build homes in our area have always (for decades) required 1.00 acre (or more) of land for (1) single family home. That is how it should remain as the people who did buy and build in our area relied upon those decade old reassurances. Many of us invested much more than money in building homes and helping to maintain this area to retain core amenities that most people were seeking when they chose to build their lives here. We personally bought our land in the 1970's and built our homes in the late 1980's, we did not ask for the "progress" that came to this area in the form of businesses, traffic etc. but we also weren't naive enough to think that we could stop many aspects of it. But all indications had still been (until most recently) that most business entities would be minor and only allowed on the South side of HV and High Density Residential wasn't even on the radar. It was not until very recently that residential was even a part of that mix and now we are being bombarded ( City Of Phoenix Z-48-21- 1 (Companion Case GPA-DV-2-21-1)) at a very rushed and increased pace. Development Reps have been canvasing our neighborhood, misrepresenting the desires of the majority and doing their best to strong arm and coerce support for something that has NO BENEFITS to the neighborhood, only to the developers themselves. Most all agree we would prefer the commercial zoning in place allowing for medical and small businesses from which we could benefit with local business entities and Dr's, with minimal traffic and increased crime risks. These "Developers" are making a conscious choice to purchase land that is not zoned compatible with their original intent, obviously with the belief that they can buy their way in, which was obviosly cheaper than buying land already zoned for their intent purposes, as that land is currently in abundance throughout this area. Instead they are choosing to encroach upon us, hoping to plow and bully their way around to get their way. We implore you please do not allow this to happen. We were lulled into believing that the land-locked area we occupied would be mainly immune to density changes for several reasons. First and foremost, I'll site the DV Planning Committee again and their written assurances of 19th Ave being the dividing line for maintaining the existing low density profile to the East of 19th Ave, along with the County zoning plan of R-43 and by 2 other facts. that I believe should also still play very big into this decision by you; 19th Ave Northbound from Happy Valley Rd (HV) is essentially a road to nowhere, as is HV Eastbound from 19th Ave. These 2 facts also led us to believe that there was never an intention on increasing density onto roads that can not handle the traffic increase that comes with it, even with modifications. So please consider these traffic issues aspects carefully; Happy Valley Rd. on our South Boundary, is a road to and from nowhere and I can't imagine that ever changing (ooops there I ago again) due to the topography east of 7th St. and the fact that homes are built directly in the path where HV comes out on Cave Creek Rd. Our West Boundary, 19th Ave northbound is also a road to nowhere. At Jomax it ceases to exist and all traffic heading west is mainly bound for the extensive SINGLE FAMILY RESIDENTAL DEVELOPMENTS that are in the other basically landlocked areas of Jomax, Norterra Parkway and North Valley Parkway. 19th Ave turns into North Valley Parkway which within less than 2 miles also has Norterra Parkway meld into it which then in approximately one mile ceases to exist completely as a road that can handle "traffic", so encouraging anyone along that route is ludicrous as I'm sure most residents in that area will agree. Very few businesses or high density devlopments exist in that area and yet the traffic is already extensive due to the physical size of the area and the lack of of direct access from the east, west and North sides of this area. USAA's development was difficult enough for our R-43 zoning to have to accept but at least this was tempered by mainly single family homes with easy access to the main Roads such as Happy Valley (which holds mainly businesses) , Jomax or Norterra Parkway, again mainly businesses until Jomax. The small stretch of 19th Avenue from Happy Valley to Jomax is already way overloaded with traffic during peak hours, and that wouldn't change even if they expanded that section to 4 lanes. On weekday mornings, southbound traffic coming from North Valley onto 19th is ridiculous and has a high amount of speeders and red light runners. This is already soon to change as Union Park will soon be building its Northside which will greatly increase that 19th Avenue traffic once again. The only saving grace we currently have is the fact that the East side of 19th Ave between HV & Jomax are all single family residences on minimum 1.00 acre parcels. There are NO businesses and NO high density residences. If you change that demographic, you will create an even more dangerous traffic pattern than what already exists. The two developments are requesting extreme changes to the current density requirements, and neither one will have ANY access in or out other than that onto 19th Avenue and (as proposed in this development) directly across from Union Parks access to 19th Ave. In the mornings it is already impossible to turn onto 19th Ave south, so I've no doubt those residences will then choose to drive into our Rural dirt road neighborhood in order to access Happy Valley Road. Union Park has direct access to Happy Valley Road, that helps with the traffic in and out of the Southern part of that development but as they also have access to 19th Avenue, traffic is generated at Parsons Rd. The same will happen with their Northern part of development now underway, they will have access to Jomax (which will create another traffic nightmare for those neighborhoods to the North, but again will also have access to 19th Avenue which will generate more traffic at Briles Rd.. Adding any more density developments that require access from 19th Ave between Happy Valley and Jomax is insane. There has been reliance for many years within our neighborhood of large (minimum 1.00 acre parcels) and the Deer Valley planning commission has always identified our little triangular County Island to retain that low density zoning as anything else would be a major disruption on many many levels. To encourage any more traffic onto this pathway (19th between HV and Jomax ) to go North or south, or onto HV (east of 19th) is disruptive to ALL of the residents located within the boundaries of Happy Valley, 7th St., Norterra Parkway, up to Dixleta on the North side, not just our Island. Essentially we feel it is critical to reject ANY High Density development (or any Commercial development that would attract a high traffic volume) on the East side of 19th Avenue between Happy Valley and Jomax - If we had to accept some reduction in the R-43 footprint the preference would be a minimum .5 acre (.33 if pushed) single home footprint to blend in with the existing 1.00 acre parcels. There is still plenty of money for developers to make from that. ADDED to the above nightmares, If you Approve this request, there are several other things I can state with certainty that I hope you consider carefully, as we also have vested interests in this area; The Home we just finally paid off after 33 years will immediately DECREASE in value The lifestyle that we worked so hard to achieve and maintain and enjoy will be now LOST just as we are starting our retirement years. The homes our children were raised in and hoped they might raise their children in will be no more. The livestock/animals/fowl we have will likely be in more danger now from humans than any other natural predators we currently have. These residents will be right up against properties with horses/livestock, flocks, hives etc, and who knows how anyone offended by the environment that comes with that will react. You didn't do this to Sunburst Farms, You didn't do this to Western Meadows, You didn't do this Longhorn Ranch or Thunderbird North, please DO NOT do this to our small landlocked County Island. Allowing ANY developments within our borders with a density greater than our current zoning is a death sentence to the lifestyles we have carefully cultivated and sacrificed for over the years. Our small land-locked County Island has always allowed for us to maintain that rural lifestyle that has been here since we bult in 1988, we've watched the Walmarts come, the Circle K's and even a large residential development, yet none of those even came close to threatening our rural lifestyle the way these two proposed developments are now doing I would also like it noted for the record that you state you only have one letter of opposition, that would likely be due to the fact that No dates were posted for meetings until quite recently and we do all have lives in order to pay our bills taxes etc, taxes so please do not persist in the scenario that you do not have a significant number of people opposed to this project Respectfully and with Hope that for once the little guy can win on principal alone, not through drained bank accounts as obviously we don't have the $$'s to fight these battles just simple faith that sometimes the bigger picture can win out. Laurel & Richard Brodie 25657 N. 17th Ave Phoenix, AZ 85085 CC: Maricopa County District 3 - Bill Gates https://www.maricopa.gov/247/District-3 December 7, 2021 RE: Maricopa County Case # Z2021051 -OBJECTION ATTN: Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov Jose Castañeda Planner Planning & Development Desk: 602-506-8358 Jose.Castaneda@Maricopa.Gov Bill Gates Chairman, District 3 district3@mail.maricopa.gov To All It May Concern; At What Point in time was it decided that Investors get priority over Owner Occupied Residential entities no matter what. If you don't know how this feels, wait until they come for your backyard. I wish I could be short and to the point, but thats very difficult to do when there are so many points. I truly am not trying to filibuster your time, but there are a multitude of aspects to object to and there are lifetimes/styles/dreams/realities and more that are at stake, so I respectfully ask that you read this slowly, and in its entirety and remember that your decisions really will only have a lasting effect on those of us who RESIDE within the boundaries of this County Island that we are trying to defend. Others will never know if they didn't get to live in an apartment that was never built. (but they might someday get to be a homeowner with horse privileges and more) That btw being one of the multiple aspects to our objections. One of the greatest things about the Phoenix metropolitan area is the diversity of options when it comes to housing. Within the "city" aspects there are many areas where you can feel/be "rural" and very few big Cities can boast that. We have dealt with and been surrounded by growth for many years now, but this proposed development will not surround us, they will invade, envelop, and suffocate us and our animals . They are stepping directly within our borders, and it is sad that you would allow that to happen to your constituents. How long before you start getting complaints because of horses, donkeys bees, etc. The density is the biggest issue for us all - why not a small gated community with 1/3 acre (even better 1/2 acre) homes that would temper and flow very readily into our community. We are a small landlocked county island with numerous residents that desire to leave it that way. What right does anyone have to buy Land zoned R-43, and identified multiple times by government entities as an area that would be retained as rural, and destroy it's character simply for the fact that it was cheap (compared to already zoned and appropriate parcels). Over the years we believed what we were told from the Deer Valley Planning Commission (who we were lead to believe carried the most weight), multiple times, this area was meant to remain low density , and we took them at their word So to be clear, we have no objections nor issues with people or companies buying vacant land on the off chance that at some point in their investment lifetime this will pay off for them. And in some instances that might make sense. Within the boundaries of our land locked County (partially Phoenix) Island however, this does not. Therefore WE OBJECT. Parcel sizes to build homes in our area have always (for decades) required 1.00 acre (or more) of land for (1) single family home. That is how it should remain as the people who did buy and build in our area relied upon those decade old reassurances. Many of us invested much more than money in building homes and helping to maintain this area to retain core amenities that most people were seeking when they chose to build their lives here. We personally bought our land in the 1970's and built our homes in the late 1980's, we did not ask for the "progress" that came to this area in the form of businesses, traffic etc. but we also weren't naive enough to think that we could stop many aspects of it. But all indications had still been (until most recently) that most business entities would be minor and only allowed on the South side of HV and High Density Residential wasn't even on the radar. It was not until very recently that residential was even a part of that mix and now we are being bombarded ( City Of Phoenix Z-48-21- 1 (Companion Case GPA-DV-2-21-1)) at a very rushed and increased pace. Development Reps have been canvasing our neighborhood, misrepresenting the desires of the majority and doing their best to strong arm and coerce support for something that has NO BENEFITS to the neighborhood, only to the developers themselves. Most all agree we would prefer the commercial zoning in place allowing for medical and small businesses from which we could benefit with local business entities and Dr's, with minimal traffic and increased crime risks. These "Developers" are making a conscious choice to purchase land that is not zoned compatible with their original intent, obviously with the belief that they can buy their way in, which was obviosly cheaper than buying land already zoned for their intent purposes, as that land is currently in abundance throughout this area. Instead they are choosing to encroach upon us, hoping to plow and bully their way around to get their way. We implore you please do not allow this to happen. We were lulled into believing that the land-locked area we occupied would be mainly immune to density changes for several reasons. First and foremost, I'll site the DV Planning Committee again and their written assurances of 19th Ave being the dividing line for maintaining the existing low density profile to the East of 19th Ave, along with the County zoning plan of R-43 and by 2 other facts. that I believe should also still play very big into this decision by you; 19th Ave Northbound from Happy Valley Rd (HV) is essentially a road to nowhere, as is HV Eastbound from 19th Ave. These 2 facts also led us to believe that there was never an intention on increasing density onto roads that can not handle the traffic increase that comes with it, even with modifications. So please consider these traffic issues aspects carefully; Happy Valley Rd. on our South Boundary, is a road to and from nowhere and I can't imagine that ever changing (ooops there I ago again) due to the topography east of 7th St. and the fact that homes are built directly in the path where HV comes out on Cave Creek Rd. Our West Boundary, 19th Ave northbound is also a road to nowhere. At Jomax it ceases to exist and all traffic heading west is mainly bound for the extensive SINGLE FAMILY RESIDENTAL DEVELOPMENTS that are in the other basically landlocked areas of Jomax, Norterra Parkway and North Valley Parkway. 19th Ave turns into North Valley Parkway which within less than 2 miles also has Norterra Parkway meld into it which then in approximately one mile ceases to exist completely as a road that can handle "traffic", so encouraging anyone along that route is ludicrous as I'm sure most residents in that area will agree. Very few businesses or high density devlopments exist in that area and yet the traffic is already extensive due to the physical size of the area and the lack of of direct access from the east, west and North sides of this area. USAA's development was difficult enough for our R-43 zoning to have to accept but at least this was tempered by mainly single family homes with easy access to the main Roads such as Happy Valley (which holds mainly businesses) , Jomax or Norterra Parkway, again mainly businesses until Jomax. The small stretch of 19th Avenue from Happy Valley to Jomax is already way overloaded with traffic during peak hours, and that wouldn't change even if they expanded that section to 4 lanes. On weekday mornings, southbound traffic coming from North Valley onto 19th is ridiculous and has a high amount of speeders and red light runners. This is already soon to change as Union Park will soon be building its Northside which will greatly increase that 19th Avenue traffic once again. The only saving grace we currently have is the fact that the East side of 19th Ave between HV & Jomax are all single family residences on minimum 1.00 acre parcels. There are NO businesses and NO high density residences. If you change that demographic, you will create an even more dangerous traffic pattern than what already exists. The two developments are requesting extreme changes to the current density requirements, and neither one will have ANY access in or out other than that onto 19th Avenue and (as proposed in this development) directly across from Union Parks access to 19th Ave. In the mornings it is already impossible to turn onto 19th Ave south, so I've no doubt those residences will then choose to drive into our Rural dirt road neighborhood in order to access Happy Valley Road. Union Park has direct access to Happy Valley Road, that helps with the traffic in and out of the Southern part of that development but as they also have access to 19th Avenue, traffic is generated at Parsons Rd. The same will happen with their Northern part of development now underway, they will have access to Jomax (which will create another traffic nightmare for those neighborhoods to the North, but again will also have access to 19th Avenue which will generate more traffic at Briles Rd.. Adding any more density developments that require access from 19th Ave between Happy Valley and Jomax is insane. There has been reliance for many years within our neighborhood of large (minimum 1.00 acre parcels) and the Deer Valley planning commission has always identified our little triangular County Island to retain that low density zoning as anything else would be a major disruption on many many levels. To encourage any more traffic onto this pathway (19th between HV and Jomax ) to go North or south, or onto HV (east of 19th) is disruptive to ALL of the residents located within the boundaries of Happy Valley, 7th St., Norterra Parkway, up to Dixleta on the North side, not just our Island. Essentially we feel it is critical to reject ANY High Density development (or any Commercial development that would attract a high traffic volume) on the East side of 19th Avenue between Happy Valley and Jomax - If we had to accept some reduction in the R-43 footprint the preference would be a minimum .5 acre (.33 if pushed) single home footprint to blend in with the existing 1.00 acre parcels. There is still plenty of money for developers to make from that. ADDED to the above nightmares, If you Approve this request, there are several other things I can state with certainty that I hope you consider carefully, as we also have vested interests in this area; The Home we just finally paid off after 33 years will immediately DECREASE in value The lifestyle that we worked so hard to achieve and maintain and enjoy will be now LOST just as we are starting our retirement years. The homes our children were raised in and hoped they might raise their children in will be no more. The livestock/animals/fowl we have will likely be in more danger now from humans than any other natural predators we currently have. These residents will be right up against properties with horses/livestock, flocks, hives etc, and who knows how anyone offended by the environment that comes with that will react. You didn't do this to Sunburst Farms, You didn't do this to Western Meadows, You didn't do this Longhorn Ranch or Thunderbird North, please DO NOT do this to our small landlocked County Island. Allowing ANY developments within our borders with a density greater than our current zoning is a death sentence to the lifestyles we have carefully cultivated and sacrificed for over the years. Our small land-locked County Island has always allowed for us to maintain that rural lifestyle that has been here since we bult in 1988, we've watched the Walmarts come, the Circle K's and even a large residential development, yet none of those even came close to threatening our rural lifestyle the way these two proposed developments are now doing I would also like it noted for the record that you state you only have one letter of opposition, that would likely be due to the fact that No dates were posted for meetings until quite recently and we do all have lives in order to pay our bills taxes etc, taxes so please do not persist in the scenario that you do not have a significant number of people opposed to this project Respectfully and with Hope that for once the little guy can win on principal alone, not through drained bank accounts as obviously we don't have the $$'s to fight these battles just simple faith that sometimes the bigger picture can win out. Laurel & Richard Brodie 25657 N. 17th Ave Phoenix, AZ 85085 CC: Maricopa County District 3 - Bill Gates https://www.maricopa.gov/247/District-3 December 7, 2021 RE: Maricopa County Case # Z2021051 -OBJECTION ATTN: Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov Jose Castañeda Planner Planning & Development Desk: 602-506-8358 Jose.Castaneda@Maricopa.Gov Bill Gates Chairman, District 3 district3@mail.maricopa.gov To All It May Concern; At What Point in time was it decided that Investors get priority over Owner Occupied Residential entities no matter what. If you don't know how this feels, wait until they come for your backyard. I wish I could be short and to the point, but thats very difficult to do when there are so many points. I truly am not trying to filibuster your time, but there are a multitude of aspects to object to and there are lifetimes/styles/dreams/realities and more that are at stake, so I respectfully ask that you read this slowly, and in its entirety and remember that your decisions really will only have a lasting effect on those of us who RESIDE within the boundaries of this County Island that we are trying to defend. Others will never know if they didn't get to live in an apartment that was never built. (but they might someday get to be a homeowner with horse privileges and more) That btw being one of the multiple aspects to our objections. One of the greatest things about the Phoenix metropolitan area is the diversity of options when it comes to housing. Within the "city" aspects there are many areas where you can feel/be "rural" and very few big Cities can boast that. We have dealt with and been surrounded by growth for many years now, but this proposed development will not surround us, they will invade, envelop, and suffocate us and our animals . They are stepping directly within our borders, and it is sad that you would allow that to happen to your constituents. How long before you start getting complaints because of horses, donkeys bees, etc. The density is the biggest issue for us all - why not a small gated community with 1/3 acre (even better 1/2 acre) homes that would temper and flow very readily into our community. We are a small landlocked county island with numerous residents that desire to leave it that way. What right does anyone have to buy Land zoned R-43, and identified multiple times by government entities as an area that would be retained as rural, and destroy it's character simply for the fact that it was cheap (compared to already zoned and appropriate parcels). Over the years we believed what we were told from the Deer Valley Planning Commission (who we were lead to believe carried the most weight), multiple times, this area was meant to remain low density , and we took them at their word So to be clear, we have no objections nor issues with people or companies buying vacant land on the off chance that at some point in their investment lifetime this will pay off for them. And in some instances that might make sense. Within the boundaries of our land locked County (partially Phoenix) Island however, this does not. Therefore WE OBJECT. Parcel sizes to build homes in our area have always (for decades) required 1.00 acre (or more) of land for (1) single family home. That is how it should remain as the people who did buy and build in our area relied upon those decade old reassurances. Many of us invested much more than money in building homes and helping to maintain this area to retain core amenities that most people were seeking when they chose to build their lives here. We personally bought our land in the 1970's and built our homes in the late 1980's, we did not ask for the "progress" that came to this area in the form of businesses, traffic etc. but we also weren't naive enough to think that we could stop many aspects of it. But all indications had still been (until most recently) that most business entities would be minor and only allowed on the South side of HV and High Density Residential wasn't even on the radar. It was not until very recently that residential was even a part of that mix and now we are being bombarded ( City Of Phoenix Z-48-21- 1 (Companion Case GPA-DV-2-21-1)) at a very rushed and increased pace. Development Reps have been canvasing our neighborhood, misrepresenting the desires of the majority and doing their best to strong arm and coerce support for something that has NO BENEFITS to the neighborhood, only to the developers themselves. Most all agree we would prefer the commercial zoning in place allowing for medical and small businesses from which we could benefit with local business entities and Dr's, with minimal traffic and increased crime risks. These "Developers" are making a conscious choice to purchase land that is not zoned compatible with their original intent, obviously with the belief that they can buy their way in, which was obviosly cheaper than buying land already zoned for their intent purposes, as that land is currently in abundance throughout this area. Instead they are choosing to encroach upon us, hoping to plow and bully their way around to get their way. We implore you please do not allow this to happen. We were lulled into believing that the land-locked area we occupied would be mainly immune to density changes for several reasons. First and foremost, I'll site the DV Planning Committee again and their written assurances of 19th Ave being the dividing line for maintaining the existing low density profile to the East of 19th Ave, along with the County zoning plan of R-43 and by 2 other facts. that I believe should also still play very big into this decision by you; 19th Ave Northbound from Happy Valley Rd (HV) is essentially a road to nowhere, as is HV Eastbound from 19th Ave. These 2 facts also led us to believe that there was never an intention on increasing density onto roads that can not handle the traffic increase that comes with it, even with modifications. So please consider these traffic issues aspects carefully; Happy Valley Rd. on our South Boundary, is a road to and from nowhere and I can't imagine that ever changing (ooops there I ago again) due to the topography east of 7th St. and the fact that homes are built directly in the path where HV comes out on Cave Creek Rd. Our West Boundary, 19th Ave northbound is also a road to nowhere. At Jomax it ceases to exist and all traffic heading west is mainly bound for the extensive SINGLE FAMILY RESIDENTAL DEVELOPMENTS that are in the other basically landlocked areas of Jomax, Norterra Parkway and North Valley Parkway. 19th Ave turns into North Valley Parkway which within less than 2 miles also has Norterra Parkway meld into it which then in approximately one mile ceases to exist completely as a road that can handle "traffic", so encouraging anyone along that route is ludicrous as I'm sure most residents in that area will agree. Very few businesses or high density devlopments exist in that area and yet the traffic is already extensive due to the physical size of the area and the lack of of direct access from the east, west and North sides of this area. USAA's development was difficult enough for our R-43 zoning to have to accept but at least this was tempered by mainly single family homes with easy access to the main Roads such as Happy Valley (which holds mainly businesses) , Jomax or Norterra Parkway, again mainly businesses until Jomax. The small stretch of 19th Avenue from Happy Valley to Jomax is already way overloaded with traffic during peak hours, and that wouldn't change even if they expanded that section to 4 lanes. On weekday mornings, southbound traffic coming from North Valley onto 19th is ridiculous and has a high amount of speeders and red light runners. This is already soon to change as Union Park will soon be building its Northside which will greatly increase that 19th Avenue traffic once again. The only saving grace we currently have is the fact that the East side of 19th Ave between HV & Jomax are all single family residences on minimum 1.00 acre parcels. There are NO businesses and NO high density residences. If you change that demographic, you will create an even more dangerous traffic pattern than what already exists. The two developments are requesting extreme changes to the current density requirements, and neither one will have ANY access in or out other than that onto 19th Avenue and (as proposed in this development) directly across from Union Parks access to 19th Ave. In the mornings it is already impossible to turn onto 19th Ave south, so I've no doubt those residences will then choose to drive into our Rural dirt road neighborhood in order to access Happy Valley Road. Union Park has direct access to Happy Valley Road, that helps with the traffic in and out of the Southern part of that development but as they also have access to 19th Avenue, traffic is generated at Parsons Rd. The same will happen with their Northern part of development now underway, they will have access to Jomax (which will create another traffic nightmare for those neighborhoods to the North, but again will also have access to 19th Avenue which will generate more traffic at Briles Rd.. Adding any more density developments that require access from 19th Ave between Happy Valley and Jomax is insane. There has been reliance for many years within our neighborhood of large (minimum 1.00 acre parcels) and the Deer Valley planning commission has always identified our little triangular County Island to retain that low density zoning as anything else would be a major disruption on many many levels. To encourage any more traffic onto this pathway (19th between HV and Jomax ) to go North or south, or onto HV (east of 19th) is disruptive to ALL of the residents located within the boundaries of Happy Valley, 7th St., Norterra Parkway, up to Dixleta on the North side, not just our Island. Essentially we feel it is critical to reject ANY High Density development (or any Commercial development that would attract a high traffic volume) on the East side of 19th Avenue between Happy Valley and Jomax - If we had to accept some reduction in the R-43 footprint the preference would be a minimum .5 acre (.33 if pushed) single home footprint to blend in with the existing 1.00 acre parcels. There is still plenty of money for developers to make from that. ADDED to the above nightmares, If you Approve this request, there are several other things I can state with certainty that I hope you consider carefully, as we also have vested interests in this area; The Home we just finally paid off after 33 years will immediately DECREASE in value The lifestyle that we worked so hard to achieve and maintain and enjoy will be now LOST just as we are starting our retirement years. The homes our children were raised in and hoped they might raise their children in will be no more. The livestock/animals/fowl we have will likely be in more danger now from humans than any other natural predators we currently have. These residents will be right up against properties with horses/livestock, flocks, hives etc, and who knows how anyone offended by the environment that comes with that will react. You didn't do this to Sunburst Farms, You didn't do this to Western Meadows, You didn't do this Longhorn Ranch or Thunderbird North, please DO NOT do this to our small landlocked County Island. Allowing ANY developments within our borders with a density greater than our current zoning is a death sentence to the lifestyles we have carefully cultivated and sacrificed for over the years. Our small land-locked County Island has always allowed for us to maintain that rural lifestyle that has been here since we bult in 1988, we've watched the Walmarts come, the Circle K's and even a large residential development, yet none of those even came close to threatening our rural lifestyle the way these two proposed developments are now doing I would also like it noted for the record that you state you only have one letter of opposition, that would likely be due to the fact that No dates were posted for meetings until quite recently and we do all have lives in order to pay our bills taxes etc, taxes so please do not persist in the scenario that you do not have a significant number of people opposed to this project Respectfully and with Hope that for once the little guy can win on principal alone, not through drained bank accounts as obviously we don't have the $$'s to fight these battles just simple faith that sometimes the bigger picture can win out. Laurel & Richard Brodie 25657 N. 17th Ave Phoenix, AZ 85085 CC: Maricopa County District 3 - Bill Gates https://www.maricopa.gov/247/District-3 December 7, 2021 RE: Maricopa County Case # Z2021051 -OBJECTION ATTN: Rachel Applegate Jose Castañeda Senior Planner Planner Maricopa County Planning & Development Department Maricopa County Planning & Development 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Desk: 602-506-8358 Rachel.Applegate@maricopa.gov Jose.Castaneda@Maricopa.Gov Bill Gates Chairman, District 3 district3@mail.maricopa.gov To All It May Concern; (Revised 12/8/21) It was pointed out to me by neighbors and husband alike that my long-winded, redundant response likely lost my target audience, so I’d like to do my best to restate using bullet points for our most critical objections to this re-zoning request; Main Objections; Density Traffic (specifically in regards to 19th Avenue access creating a internal gridlock within our neighborhood) Out of Character with the R-43 land it would border, encroach and intrude upon Reduction in Home Values I can State with Certainty that allowing any zoning change that increases the density beyond (1) single family home on no less than .33 acres is not within the scope of the below statements when it comes to our Land-locked County Island; Quoting from the Daisy Mountain/New River Area Plan 2019 as published by Maricopa County; Principle 1: Preserve and Respect the Rural Lifestyle; Future land use decisions should preserve and enhance the existing rural lifestyle. Principle 2: Support Low-density, Rural Residential Land Use Patterns; Land use decisions should promote rural development that preserves natural features. Principle 3: Balance Responsible Land Use Decisions with Private Property Rights; Future growth should respect private property rights while applying sound planning principles. Principle 4: Preserve and Enhance Natural Features and Open Space; Preserve natural features and promote open space connectivity for trails, wildlife, and natural desert ecosystems. Principle 5: Protect Scenic Corridors; Support key roadways as scenic corridors by utilizing a sensitive design approach. These are the principals we are respectfully asking you to apply to Our County Island. Granting this zoning change request would be out of character to the purported goals of Maricopa County. Anything less would be disingenuous to the Statements published by Maricopa County. Please realize that your decisions will not only have a lasting effect on those of us who currently RESIDE within the boundaries of this County Island that we are trying to retain but also on others that might someday get to be a homeowner in a unique desert area with horse privileges and more. I’d appreciate this being entered into the record if you would. Laurel & Richard Brodie 25657 N. 17th Ave Phoenix, AZ 85085 From: Courtney Hamby To: Jose Castaneda (PND) Subject: Re: Case number Z 2021 051. Date: Wednesday, December 8, 2021 1:43:44 PM Sorry for my continued email! I was rushing between client's earlier. One other thing I wanted to touch on. Being that we are R43 one house per acre and we would prefer a single housing versus multi family. This does not fit the character of our neighborhood. We would be very sad to see our county island go this direction of the multi family housing. Thank you for your time and consideration! Courtney Hamby & Wayne Butler On Wed, Dec 8, 2021, 11:26 AM Courtney Hamby <courtneyhamby29@gmail.com> wrote: Good morning Jose, Our names are Wayne Butler and Courtney Hamby. Our address is 1707 W Yearling Rd, Phoenix, AZ 85085. We are writing this email to inform you that we are still opposed to the development. We are very concerned about the traffic issues this will create. We have yet to see a plan that has been put in place to handle the amount of traffic this is going to create. It is very hard to pull out of our streets already during rush hour traffic. We are also concerned that traffic will start diverting through our neighborhood, we have young children that walk to friends or play in the neighborhood and we have been very concerned, especially when I 17 was having work done, this very same thing happened, traffic started diverting through our neighborhood, there were people flying down 17th Avenue, not even stopping to see if traffic was coming etc. This raises a lot of concern for us! We have truly enjoyed our county island and we feel this development will forever change this area in a negative way. Thank you, Courtney Hamby Wayne Butler