Z240006 PZ Handout Memo 3 with attachments

Vv
MARICOPA

COUNTY
DATE: May 8, 2025
TO: Planning & Zoning Commission
From: Nick Schlimm, Planner

SUBJECT: 2240006 — Goldhawk at the Preserve
Agenda Item: #5

Staff and the applicant have agreed to revised conditions of approval for the referenced case.
These conditions supersede staff's recommendation in the published staff report.

The revised conditions are attached to this handout memo in leg-edit with deleted language
struck-through, added language underscored, and all changes from the staff report shown in red.

Attachments: Revised Conditions of Approval (4 pages)
Email Correspondence with the Applicant (3 pages)

Recommendation:

Staff recommends the Commission adopt a motion recommending that the Board of Supervisors

recy,

approve Z240006 subject to the following conditions ‘a’ — ‘g*‘s':

a.

Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Goldhawk at the Preserve,” consisting of one full-size sheet, dated April 8, 2025,
and stamped received April 9, 2025, except as modified by the following conditions. A
revised zoning exhibit that includes the Rural-43 RUPD development standards shall be
submitted to Planning & Development staff within 30 days of Board approval. Minor and
major amendments will be determined in accordance with Chapter 3 of the Maricopa
County Zoning Ordinance.

Development of the site shall be in substantial conformance with the Narrative Report
entitled “Goldhawk at the Preserve,” consisting of 13 pages, dated April 9, 2025, and
stamped received April 9, 2025, except as modified by the following conditions. A revised
narrative report that includes the updated hillside development standards shall be
submitted to Planning & Development staff within 30 days of Board approval. Minor and
major amendments will be determined in accordance with Chapter 3 of the Maricopa
County Zoning Ordinance.

The total number of residential dwelling units shall not exceed 696. To help ensure
compliance, the cumulative number of lots (i.e. potential primary dwelling units) platted
to that point shall be identified on each preliminary and final plat.

The following Planning Engineering conditions shall apply:

1. Without the submittal of a plat, no development approval is inferred by this review,
including, but not limited to number of proposed building lots/units, drainage
design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further
entitlement (i.e. preliminary & final plats).

2 A traffic impact study (TIS) must be submitted with future entitlement preliminary
plat application. The TIS shall comply with MCDOT requirements and shall
address development phasing and the offsite improvements necessary to
accommodate the anticipated traffic demands. The TIS must be approved
before subsequent approval of any roadway improvement plans. The TIS
shall be updated prior to any final plat approvals and with each development
phase to document significant changes to the development plan. The

project must comply with all recommendations in the MCDOT-approved
Ts.

3: A minimum of two (2) points fo access shall be provided to serve the subdivision.
The main access must be paved. A secondary access shall be provided that
consists of (at a minimum) an all-weatehr access as defined per MCDOT Roadway

Design Manual Section 4.7.2 and Maricopa Conty Drainage Policies and Standards
Sectoins 6.2.2 and 6.7.

Z240006
Page 1 of 4

4. Dead-end streets (i.e. cul-de-sacs) shall be limited to a length of 1,000 feet,
measured from the intersection street center-line to the center of the cul-de-sac
bulb. Cul-de-sacs shall provide access to nor more than fifteen (15) building lots
unless a secondary emergency access is provided.

5. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa
County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards, and best practices at the time of application for
construction.

6. Applicant should notify ADOT of any development proposal (SR 87). The
Developer shall provide written documentation of ADOT's review and
response. ADOT documentation shall be received before any preliminary

plat approval.

The following Rural-43 RUPD standards shall apply:
1, Minimum Lot Width: 120’

2 Hillside Height Regulations: The height of all buildings and structures, including
retaining walls, shall not exceed 30’ from finished pad grade(s) through any
building cross section at any point, but in no instance shall any building or structure
exceed 30’ in height as measured from the highest point of natural grade on the
respective lot. Construction permits for each lot shall include an engineered plan
with a cross-section through the primary structure at the highest point of the
proposed height elevation, finished pad grade(s), and identification of the
maximum natural grade of the respective lot shown on the plan.

3.4, Any parcel within the Rural-43 RUPD zoning district that is not created by a

recorded subdivision plat shall adhere to the development standards of the Rural-
190 zoning district.

Noncompliance with any of the conditions assigned to the approval of this Zone Change
by the Maricopa County Board of Supervisors may be grounds for revocation in
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.

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
may be considered for revocation 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

Z240006
Page 2 of 4

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.

The owner shall develop the property as a “subdivision” as defined in A.R.S. § 32-
2101 that requires an Assured Water Supply inaccordance with A.R.S. § 45-576
and A.A.C. 12-15-701 et. seq. The owner shall submit documentation to the
Planning Director demonstrating an Assured Water Supply for each final plat. The
owner shall submit documentation to the Planning Director demonstrating an
Assured Water Supply for 1,941 acres, which may be developed in phases.

Each septic system will be installed by a certified third-party contractor as
approved by a Homeowners’ Association (HOA) that will be established and in
accordance with the requirements established by the Arizona Administrative Code
and the Maricopa County Environmental Services Department. The HOA will
reqularly inform the homeowners of their obligation to have a certified third-party
contractor: 1) inspect their septic system every five years for the first twenty years
from installation and every three years thereafter; 2) regularly maintain (e.g.
reqularly pump); and 3) if necessary, repair or replace their septic systems
pursuant to best practices in the industry. The HOA will retain a list of certified
third-party contractors for this purpose. Homeowners will be required to provide
written confirmation to the HOA of their compliance with each of the obligations
outlined in this Condition. If a homeowner fails to confirm in writing to the HOA
that they have met each of these septic system compliance obligations, or if the
HOA for any reason becomes aware of the need to inspect, maintain, repair, or
replace a homeowner's septic system (including due to failure of said system, i.e.
the system can no longer effectively treat and dispose of wastewater), the HOA
will use a certified third-party contractor to inspect, maintain, repair, or replace the
homeowner's septic system within three (3) months, at the homeowner's expense.
A failure of any septic system shall be reported to the HOA within thirty (30) days
of learning of such failure. The obligations set forth in this Condition shall be

included in the HOA covenants, conditions, and restrictions (CC&Rs).

Before the sale of any lot, the Developer shall place an easement on each lot to be
recorded in the Maricopa County Recorder's Office authorizing the HOA to enter
the lot to inspect, maintain, repair, or replace any septic system in conformance
with the requirements of Condition ‘i’.

A maximum total of 2 acres of turf in the aggregate shall be permitted across all
common areas. All non-turf landscaping on common areas must utilize only plants
from the Arizona Department of Water Resources Low Water Use & Drought
Tolerant Plants List for the Phoenix Active Management Area. The HOA shall
prohibit the use of natural turf for front lawns on all lots within the HOA.

Z240006
Page 3 of 4

fe

2240006
Page 4 of 4

Nicholas Schlimm (PND)

From: Wendy Riddell <wr@berryriddell.com>

Sent: Wednesday, May 7, 2025 3:23 PM

To: Darren Gerard (PND)

Cc: Tom Ellsworth (PND); Rachel Applegate (PND); Nicholas Schlimm (PND)
Subject: RE: Z240006 REVISED CONDITIONS FROM APPLICANT 5-7-25-1430.docx

Sa SPREE SE SS ES PS BRANES =

This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.

This is fine with us. Thank you for all of your help.

Wendy R. Riddell, Esq.

BERRY RIDDELL LLC

6750 E. Camelback Road, Suite 100
Scottsdale, Arizona 85251
480-682-3902 direct

602-616-8771 cell

480-385-2757 fax

wr@berryriddell.com | www.berryriddell.com

This message and any of the attached documents contain information from Berry Riddell LLC that may be confidential and/or
privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information, and no privilege
has been waived by your inadvertent receipt. If you have received this transmission in error, please notify the sender by reply
e-mail and then delete this message. Thank you.

BESTaws

sanaepay Gest Lawyers

UNITED STATES

From: Darren Gerard (PND) <Darren.Gerard@Maricopa.Gov>

Sent: Wednesday, May 7, 2025 2:39 PM

To: Wendy Riddell <wr@berryriddell.com>

Cc: Tom Ellsworth (PND) <Tom.Ellsworth@maricopa.gov>; Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>;
Nicholas Schlimm (PND) <Nicholas.Schlimm@maricopa.gov>

Subject: Z240006 REVISED CONDITIONS FROM APPLICANT 5-7-25-1430.docx

Importance: High

Wendy: attached is your latest set of conditions but placed in leg-edit based upon our published staff report. We
concur with all of your revisions. | did change/add to condition ‘p’ — see highlight:

1

Developer shall ensure sufficient fire flow and storage capacity is available for the development,
commit to sprinkler each home aE eee TET and to construct:

fire hydrants at key locations throughout the development, and near entrances and accessible to
all of Goldfield Ranch.

We're going to prepare another handout with these revised conditions.

Nicholas Schlimm (PND)

From: Wendy Riddell <wr@berryriddell.com>

Sent: Wednesday, May 7, 2025 12:18 PM

To: Tom Ellsworth (PND); Darren Gerard (PND)

Cc: Larry Lazarus; sanderson@gblaw.com; lee@tsllawgroup.com;

smontgomery@milawaz.com; Elyse DiMartino; Sarah Sawyer; Chris Harrison
(charrison@grayhawk.com); ttryhus@grayhawk.com; Rob Gubser

Subject: FW: Grayhawk Stips

Attachments: Z240006 Revised Conditions - Legislative Edit.docx

This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.

Dear Tom, Darren, Larry, Stephen, and Susan,

Attached please find our proposed stipulations to present to the Planning Commission tomorrow. We have done
our best to assimilate the stipulations from the County, SRP-MIC and FMYN into one document. | hope you will
see that we have accepted as many stipulations as we could to address the issues that have been raised including
water, septic, fire, sedimentation, etc. | am of course happy to discuss any particular concerns any of you have
with the attached stipulations, and we are willing to continue this dialogue after the hearing tomorrow.

Best,

Wendy R. Riddell, Esq.

BERRY RIDDELL LLC

6750 E. Camelback Road, Suite 100
Scottsdale, Arizona 85251
480-682-3902 direct

602-616-8771 cell

480-385-2757 fax

wr@berryriddell.com | www.berryriddell.com

This message and any of the attached documents contain information from Berry Riddell LLC that may be confidential and/or
privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information, and no privilege
has been waived by your inadvertent receipt. If you have received this transmission in error, please notify the sender by reply
e-mail and then delete this message. Thank you.

BES Trims

mansce ay [est Liwyers

UNITED STATES