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February 28, 2024
Z2022068
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
February 28, 2024 (Continued from February 7, 2024)
Case #/Title:
Z2022068 – The Ville
Supervisor District:
4
Applicant/Owner:
Ashley Marsh, Gammage & Burnham, P.L.C. / Gregory Living Trust
Request:
Zone change with overlay from Rural-43 to R1-6 RUPD
Site Location:
Northeast corner of 73rd Ave. and Thunderbird Rd. in the Peoria
area
Site Size:
Approximately 6.23 acres
County Island Status:
Yes (City of Peoria)
Additional
Comments:
There are no outstanding concerns from reviewing agencies. The
applicant, on behalf of the property owner, is requesting to change
the zoning from Rural-43 to R1-6 RUPD. The property owner is
seeking annexation into the City of Peoria. The site although
adjacent to some large residential lots is within a highly urbanized
area inside the Peoria municipal planning area with access to City
services. Peoria has commented and those comments have been
considered but access to municipal services is covered in condition
‘c’ and dedication of right-of-way in condition ‘d(2)’. The City’s
requirements will be addressed in the utilities services agreement
and with annexation.
Originally, case Z2022068 proposed zoning to R-4 RUPD for
townhome development. There was significant opposition from
the Weedville community. On March 1, 2023, the Board continued
the case indefinitely. Afterward, the applicant modified this request
to R1-6 RUPD for a traditional residential subdivision. The modified
request was scheduled for review and recommendation by the
Planning & Zoning Commission. Neighborhood opposition appears
largely alleviated. During the January 11, 2024 Commission
hearing, one neighborhood resident spoke in opposition to the
proposed density and potential traffic impact. Since the
Commission hearing staff received two opposition letters from
residents concerned that the existing roads will not be able to
handle parking and traffic generated by the proposed 19 lots, and
that the proposed 3.12 du/ac density will not match the rural
February 28, 2024
Z2022068
Page 2 of 3
character of the Weedville community. On February 7, 2024, this
case was continued by the Board to the February 28th Board hearing
since late opposition had been received from area residents.
Commission
Recommendation:
On 1/11/24, the Commission voted 8-0 to adopt a motion
recommending the Board of Supervisors approve Z2022068
subject to conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “The Ville (73rd Ave. & Thunderbird Rd.)”, consisting of one full-size sheet, dated
September 28, 2023, and stamped received November 1, 2023, except as modified by the
following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “The Ville – Single-Family Residential Neighborhood”, consisting of eight pages,
dated November 1, 2023, and stamped received November 1, 2023, except as modified by
the following conditions.
c.
Before the approval of the initial final plat or precise plan of development, the applicant
shall provide the Maricopa County Planning and Development Department with an
executed pre-annexation service agreement with the City of Peoria that identifies in detail
when the proposed project will be annexed and the provision of water and sewer service.
In place of a pre-annexation service agreement the developer must provide a ‘will serve’
letter from the certificated water and sewer provider.
d.
The following Planning Engineering conditions shall apply:
1.
APNs 200-68-020L, 200-68-020P, and 200-68-020S are located within the
jurisdiction of the City of Peoria (strip annexed area) and the City must approve
any zone change proposal within their confines.
2.
Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The
applicant is responsible for coordinating with the City to review any traffic impact,
right-of-way dedication, permitting, or roadway improvement requirements.
3.
Without the submittal of a Plan of Development, 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 review and/or entitlement.
4.
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.
e.
The following R1-6 RUPD development standards shall apply:
1.
Minimum front yards of ten feet for any side entry garage or forward living product.
February 28, 2024
Z2022068
Page 3 of 3
2.
Minimum rear yards of fifteen feet.
3.
Minimum lot width of 50 feet.
4.
Maximum lot coverage of 55 percent.
5.
At least 15% of the area of any plat shall be set aside as common open space.
6.
Lots with narrow throats containing a driveway extending from either street
knuckles or cul-de-sacs shall have actual building envelope delineated on
subdivision plats so that excluding the area of the narrowed throat the lot proper
will meet a minimum 50-foot width and minimum 6,000 square foot area. Such lots
shall have a throat of at least 20 feet wide and shall be no longer than 100 feet
along its greatest dimension.
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 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, it may be
considered for revocation by the Board of Supervisors, upon recommendation by the
Commission, to the previous Rural-43 zoning category. 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:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
1/11/24 P&Z Packet (21 pages)
1/11/24 P&Z Handout (3 pages)
1/11/24 P&Z Handout (3 pages)
2/2/24 Opposition Letter (2 pages)
2/7/27 Opposition Letter (1 page)
Note:
1/11/24 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
Z2022068
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022068 – The Ville
Hearing Date:
January 11, 2024
Supervisor District:
4
Applicant:
Ashley Marsh, Gammage & Burnham, P.L.C.
Owner:
Gregory Living Trust
Request:
Zone change with overlay from Rural-43 to R1-6 RUPD for a single-family
residential subdivision
Site Location:
Northeast corner of 73rd Ave. and Thunderbird Rd. in the Peoria area
Site Size:
6.23 acres
Density:
Approx. 3.12 du/ac
County Island:
Yes (City of Peoria)
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
City of Peoria – Estate Residential (0-2 du/ac)
Municipal Comments:
None received to date
Support/Opposition:
None known (for the modified request to R1-6 RUPD)
Recommendation:
Approve with conditions
Z2022068
Page 2 of 8
Project Summary:
1.
The applicant, on behalf of the property owner, is requesting to rezone the 6.23 gross acre site
from Rural-43 to R1-6 RUPD for a future single-family residential subdivision. The site is located
on the northeast corner of Thunderbird Rd. and 73rd Ave. a quarter of a mile east of the
intersection of 75th Ave. and Thunderbird Ave. in the Peoria area. Currently, the applicant and the
property owner wish to process this zone change with the County and then process an annexation
into the City of Peoria, followed by subdivision plating with Peoria. The conceptual plan illustrates
a residential subdivision with 19 lots surrounded by open space on all sides. The future streets
within the community will be private with a single gated access point along Thunderbird Rd.
2.
Originally this case was heard on the September 22, 2022 Commission Hearing as a request to
rezone the site from Rural-43 to R-4 RUPD to accommodate a future townhome complex. Before
the hearing staff received six support letters and 28 letters of opposition to the request. Most of
the opposition received was against the proposed density of the development. During the hearing,
several individuals spoke in opposition to this proposal due to the proposed density of the future
development and potential traffic concerns. The Commission recommended approval of the first
proposal and deemed the future townhome community as a compatible land use with the
surrounding area. The case was scheduled for the November 16, 2022 Board hearing but was
continued to January 25, 2023, where the applicant requested an indefinite continuance. Since
most of the earlier opposition stated that they would prefer a more traditional single-family
subdivision rather than a multi-family development, the applicant modified the zone change
request to R1-6 RUPD.
3.
The RUPD will vary R1-6 development standards as shown in the table below. It includes
increased lot coverage, decreased yards, and will add parameters on how to measure width for
lots with narrow throats. In compensation for these varied standards, the applicant proposes that
at least 15% of the zoning district be set aside as common open space.
Regulation
Base R1-6 Zoning District
Proposed R1-6 RUPD Zoning
District
Max. Height
30’
30’
Min. Front Yard
20’
10’ (20’ to the face of a front
entry garage)
Min. Interior Side Yard
5’
5’
Min. Street Side Yard
10’
10’
Min. Rear Yard
25’
15’
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
50’*
Avg. Lot Area per Dwelling
Unit
6,000 sq. ft.
6,000 sq. ft.
Z2022068
Page 3 of 8
Max. Lot Coverage
50%
55%
Common Open Space
N/A
15%
Min. Off-Street Parking
2 per dwelling unit
2 per dwelling unit
Max. Privacy Wall Height
8’
8’
Note: * Lots with narrow throats containing a driveway extending from street knuckles or cul-
de-sacs shall have the actual building envelope delineated on subdivision plats so that
excluding the area of the narrowed throat the lot proper will meet a min. 50’ lot width and min.
6,000 sq. ft. area. Such lots shall have a throat at least 20’ wide and no longer than 100’ along
its greatest dimension.
2023 Aerial Image
Z2022068
Page 4 of 8
Zoning Map
Potion of the Zoning Exhibit
Z2022068
Page 5 of 8
Conceptual Site Plan
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Irrigated agriculture and single-family residences
North:
Rural-43 / Single-family residence
South:
R1-10 (Peoria) / Single-family residences
East:
Rural-43/ Irrigated agriculture and single-family residences
West:
AG & RM-1 (Peoria) / Single-family residences and school
Utilities and Services:
5.
Water:
City of Peoria
Wastewater:
City of Peoria
School District:
Peoria Unified School District
Fire:
City of Peoria
Police:
City of Peoria
Right-of-Way:
6.
The site will be annexed into the City of Peoria and any required dedicated right-of-way will be
determined by Peoria’s Department of Transportation. Thunderbird Rd. and 73rd Ave. are all within
the City of Peoria’s jurisdiction.
Z2022068
Page 6 of 8
Adopted Plan:
7.
Vision 2030 Comprehensive Plan (Adopted January 13, 2016): This plan designates the site as a
Rural Development Area (0-1 du/ac). This designation denotes areas of the County where
densities of 0-1 du/ac are appropriate because of a lack of urban services (such as public
utilities). Unlike, most areas with this designation, this site is unique since it is mostly surrounded
by a highly developed urban area where access to urban services is readily available.
8.
Peoria General Plan 2010: This general plan designates the site as Estate Density Residential.
This designation denotes areas where low-density or large-lot single-family neighborhoods are
desirable. Even though the proposed use and density are not in concert with this land-use
designation, it will be up to the City of Peoria to determine if this request is compatible with this
designation or not, in the annexation process.
Public Participation Summary:
9.
The applicant notified property owners within 300 feet of the subject site and the registered ‘area
of interest’ groups of this modified project. During the applicant’s first Citizen Participation
process that proposed developing the site as a townhome community, staff received six letters
of support and 28 letters of opposition. Most of the opposition was against the proposed density
and an associated increase in traffic emanating from the future townhome community. During
the second outreach, the applicant met with or contacted eight individuals who were opposed to
the original request. There is no known opposition to the modified request for R1-6 RUPD zoning.
Outstanding Concerns from Reviewing Agencies:
10.
There are no outstanding comments, concerns, or opposition by reviewing agencies.
Staff Analysis:
11.
Staff supports the proposed R1-6 RUPD zoning which creates an opportunity for infill
development. The site is within the Peoria Municipal Planning Area (MPA) and staff supports
annexation into the City. The R1-6 RUPD zoning will closely match the City of Peoria single-family
residential subdivisions to the southwest. This site is appropriate for a single-family residential
development with access to public transportation along Thunderbird Rd. and within proximity to
retail centers. Moreover, this site is adjacent to a fully developed urban area with access to
employment, education institutions, and recreational/ entertainment venues. Public utilities are
readily available making this type of development on this site realistic. The applicant will be
varying standards in this RUPD request, but these requested modifications are minor and are
similar to what is seen in many RUPD requests. The applicant has made a significant effort to
work with the opposition who opposed the first zone change request to develop a townhome
complex on the site. The applicant’s new request to develop the site for a single-family
subdivision is now more supportable by the surrounding stakeholders and more compatible with
the surrounding area.
Recommendation:
12.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2022068 subject to the following conditions ‘a’ – ‘g’:
Z2022068
Page 7 of 8
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “The Ville (73rd Ave. & Thunderbird Rd.)”, consisting of one full-size sheet, dated
September 28, 2023, and stamped received November 1, 2023, except as modified by the
following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “The Ville – Single-Family Residential Neighborhood”, consisting of eight pages,
dated November 1, 2023, and stamped received November 1, 2023, except as modified by
the following conditions.
c.
Before the approval of the initial final plat or precise plan of development, the applicant
shall provide the Maricopa County Planning and Development Department with an
executed pre-annexation service agreement with the City of Peoria that identifies in detail
when the proposed project will be annexed and the provision of water and sewer service.
In place of a pre-annexation service agreement the developer must provide a ‘will serve’
letter from the certificated water and sewer provider.
d.
Final plats must be approved and recorded in five years if the site is not annexed and
remains unincorporated.
e.
The following Planning Engineering conditions shall apply:
1.
APNs 200-68-020L, 200-68-020P, and 200-68-020S are located within the
jurisdiction of the City of Peoria (strip annexed area) and the City must approve
any zone change proposal within their confines.
2.
Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The
applicant is responsible for coordinating with the City to review any traffic impact,
right-of-way dedication, permitting, or roadway improvement requirements.
3.
Without the submittal of a Plan of Development, 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 review and/or entitlement.
4.
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.
f.
The following R1-6 RUPD development standards shall apply:
1.
Minimum front yards of ten feet for any side entry garage or forward living product.
2.
Minimum rear yards of fifteen feet.
3.
Minimum lot width of 50 feet.
Z2022068
Page 8 of 8
4.
Maximum lot coverage of 55 percent.
5.
At least 15% of the area of any plat shall be set aside as common open space.
6.
Lots with narrow throats containing a driveway extending from either street
knuckles or cul-de-sacs shall have actual building envelope delineated on
subdivision plats so that excluding the area of the narrowed throat the lot proper
will meet a minimum 50-foot width and minimum 6,000 square foot area. Such lots
shall have a throat of at least 20 feet wide and shall be no longer than 100 feet
along its greatest dimension.
g.
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.
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, it may be
considered for revocation by the Board of Supervisors, upon recommendation by the
Commission, to the previous Rural-43 zoning category. 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:
Martin Martell, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (8 pages)
Conceptual Site Plan (1 page)
MCESD comments (1 page)
DPR comments (1 page)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
4
G
ross Acres: 5.2 approx.
G
enerated August 25, 2022 09:36 AM
Z2022068
Application Nam
e:
Legal Description
The Ville - Apartm
ent Tow
nhom
es
Applicant
Case Address
T03N R01E 012, TT3N RR1E 12
ASHLEY M
ARSH for G
AM
M
AG
E & BURNHAM
P
.L.C
7228 W
THUNDERBIRD RD
Applicant Phone/Em
ail
Parcel Prim
ary:200-68-020G
602.256.4443
AM
ARSH@
G
BLAW
.CO
M
PEO
RIA AZ 85345
M
ap scale 1:1,480
Supervisor District No.
R e z o n e f r o m R u r a l - 4 3 t o R 1 - 6 R U P D f o r a s i n g l e f a m i l y r e s i d n t i a l s u b d i v i s i o n
5.3585 in
PEORIA CITY LIMITS
PEORIA CITY LIMITS
MARICOPA COUNTY
MARICOPA COUNTY
PEORIA CITY LIMITS
N 00°24'46" E
658.36'
N 89°02'52" E
312.37'
N 00°24'46" E
S 00°25'12" W
395.29'
588.38'
20.01'
506.52'
N 00°24'46" E
658.36'
N 00°24'46" E
N 89°05'43" E
174.27'
S 00°25'39" W
223.61'
S 89°07'37" W
456.52'
588.38'
N 89°07'37" E
MARICOPA COUNTY
DRAWING NAME
SCALE (H): AS SHOWN
SCALE (V):
REVISION
NO.
DATE
BY
APPR.
CHECKED BY:
DESIGNED BY:
DRAWN BY:
DATE:
UTILITIES/SERVICE:
WATER:
CITY OF PEORIA
WASTEWATER:
CITY OF PEORIA
FIRE:
CITY OF PEORIA
POLICE PROTECTION: CITY OF PEORIA
REFUSE:
CITY OF PEORIA
TELEPHONE:
TBD
ELECTRIC:
APS
NATURAL GAS: SOUTHWEST GAS (AS NEEDED)
THE VILLE (73RD AVE. & THUNDERBIRD RD.)
ZONING EXHIBIT
UNINCORPORATED MARICOPA COUNTY, AZ
1 OF 1
ZONING EXHIBIT
08/11/2023
KN
JK
JK
PARCEL NO 1:
THE SOUTH 2/5THS OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA.
EXCEPT THAT PORTION CONVEYED TO MARICOPA COUNTY, BY DEED
RECORDED AS DOCUMENT NO. 94-008611, RECORDS OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF THE
SOUTH 40 FEET AND THE EAST LINE OF THE WEST 20 FEET OF SAID SOUTH 2/5THS
OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER;
THENCE NORTHERLY 30.00 FEET, ALONG THE EAST LINE OF THE WEST 20.00 FEET
TO A POINT;
THENCE IN A SOUTHEASTERLY DIRECTION TO A POINT ON SAID NORTH LINE OF
THE SOUTH 40.00 FEET THAT IS 30.00 FEET EAST FROM THE SAID POINT OF
INTERSECTION; THENCE WESTERLY TO THE POINT OF INTERSECTION.
PARCEL NO. 2:
THE NORTH 3/5THS OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE QUARTER OF SECTION 12, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA.
PARCEL NO. 3:
THE SOUTH 2/5THS OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION12, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;
PARCEL NO. 4:
THE WEST 90 FEET OF THE WEST 158 FEET OF THE EAST 248 FEET OF THE SOUTH
TWO FIFTHS OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE FILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA;
EXCEPT THE SOUTH 33 FEET THEREOF FOR ROADWAY.
NORTH
W THUNDERBIRD RD.
PROJECT
SITE
N 75TH AVE
N 67TH AVE
N 71ST AVE
SUBJECT SITE
ZONED:
RU-43 TO R1-6 RUPD
7 3 R D A V E .
C E M E T E R Y R D .
GRAY EDNAM TR
200-65-005G
(AG-GEN. AGRICULTURE)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
GOFF RONALD D
200-68-006
(RU-43-RURAL RESIDENTIAL)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
SANDELL MELODY MAE
200-68-066B
(RU-43-RURAL RESIDENTIAL)
CURRENT USE:AGRICULTURE
OWNER/DEVELOPER:
CAPITAL ALLOCATION PARTNERS
600 W. 1ST ST, # 109
TEMPE, AZ 85251
CONTACT: CHAD BARBER
EMAIL: CHAD@
CAPITALALLOCATIONPARTNERS.COM
PHONE: 602.332.1768
T H U N D E R B I R D R D .
71 OAKS SUBDIVISION
(R1-10 RUPD
-COUNTY/PAD -
PEORIA)
SINGLE-FAMILY RES.
TIERRA NORTE SUBDIVISION
(R1-10)
GURULE
REBECCA ANN
200-68-007C
(RU-43-RURAL RESIDENTIAL)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
GURULE REBECCA ANN
200-68-007E
(RU-43-RURAL RESIDENTIAL)
CURRENT USE:VACANT
WORLD GOSPEL MISSION
200-65-005H
(RM-1-MULTI-FAMILY RES.)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
WORLD GOSPEL MISSION
200-65-005H
(RM-1-MULTI-FAMILY RES.)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
KENNETH P JOHNSON
FAMILY TRUST
200-65-005E
(AG-GEN. AGRICULTURE)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
SANDELL MELODY MAE
200-68-066A
(RU-43-RURAL RESIDENTIAL)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
200-68-020G
200-68-020M
200-68-020Q
200-68-020T
200-68-020L
200-68-020N
200-68-020P
200-68-020R
200-68-020S
200-68-020U
CASE#
Z2022068
W SWEETWATER AVE
LEGAL DESCRIPTION:
VICINITY MAP:
PROJECT DATA:
PROJECT ADDRESS: 7228 W THUNDERBIRD RD., PEORIA, AZ 853545
PROJECT DESCRIPTION:
THE VILLE IS HIGH-QUALITY GATED SINGLE-FAMILY RESIDENTIAL COMMUNITY
WITH PROPOSED 50'x120' LOT SIZES AND OUTDOOR AMENITY SPACES.
SCHOOL DISTRICT: PEORIA UNIFIED SCHOOL DISTRICT NO.11, OAKWOOD ELEM.
SCHOOL (K-8), PIONEER ELEMENTARY SCHOOL, CACTUS HIGH SCHOOL
EXISTING ZONING:
RU-43
PROPOSED ZONING: R1-6 RUPD
REZONING REQUEST: ZONE CHANGE FROM RU-43 TO R1-6 RUPD
APN:
200-68-020G
200-68-020Q 200-68-020L
200-68-020P
200-68-020S
200-68-020M
200-68-020T
200-68-020N
200-68-020R
200-68-020U
GROSS SITE AREA:
264,726 SF (6.07 ACRES)
NET SITE AREA:
231,648 SF (5.32 ACRES)
TOTAL UNIT COUNT:
19 LOTS
LEGAL/AUTHORIZED AGENT:
GAMAGE & BURNHAM, PLC
40 N. CENTRAL AVE, 20TH FLOOR
PHOENIX, AZ 85044
CONTACT: ASHLEY MARSH /
MICHELLE SANTORO
EMAIL: AMARSH@GBLAW.COM /
MSANTORO@GBLAW.COM
PHONE: 602.256.4443/602.256.4486
PROJECT TEAM:
RUPD COMPARISON CHART:
REAR YARD
LOT AREA
LOT WIDTH
LOT AREA PER D.U.
LOT COVERAGE
COMMON OPEN SPACE
PARKING SPACES
MAXIMUM PRIVACY WALL
25'
6,000 S.F.
60'
6,000 S.F.
50%
N/A
2 PER D.U.
8'
10'
15'
6,000 S.F.
50'
6,000 S.F.
55%
15%
2 PER D.U.
8'
10'
HEIGHT
FRONT YARD
INTERIOR SIDE YARD
STREET-SIDE YARD
30'
20'
5'
30'
20' (10' FOR SIDE ENTRY
5'
REGULATION:
BASE R1-6 ZONING:
PROPOSED
R1-6 RUPD ZONING:
GARAGE OR FORWARD
LIVING PRODUCT)
200-68-067
200-68-068
HOWARD RONALD
C/KIMBERLY K TR
200-68-007H
(RU-43-RURAL
RESIDENTIAL)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
SOMMER JAY D/
RUMINSKI NANCY
200-77-971
(R1-10-S.F. RES.)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
TALBOT COREEN
M/GOODWIN TRAVIS M
200-98-957
(PAD)
CURRENT USE:SINGLE-
FAMILY RESIDENCE
TONG LAM
QUANG
200-77-970
(R1-10-S.F. RES.)
CURRENT USE:
SINGLE- FAM. RES.
WILK KENNETH C/JULIA M
200-77-969
(R1-10-
S.F. RES.)
CURRENT USE:
SINGLE-FAM.
RESIDENCE
RYSZKOWSKI
DAVID T
200-77-968
(R1-10-S.F. RES.)
CURRENT USE:
S.F. RES.
OWENS FAMILY
TRUST
200-77-967
(R1-10-S.F. RES.)
CURRENT USE:
SINGLE-FAM.
RESIDENCE
TIERRA NORTE SUBDIVISION
(R1-10)
7 1 S T L N .
7 1 S T L N .
TEGMEYER MARDI
L/RICHARD N
200-77-922
(R1-10-S.F. RES.)
CURRENT USE:
SINGLE-FAM.
RESIDENCE
SWEETWATER RIDGE
(PAD)
W ACOMA DR
N 73RD AVE
20.0' EXIST. ROW
65.0'
EXIST.
ROW
40.0'
EXIST.
ROW
40.0' EXIST. ROW
20.0' EXIST. ROW
65.0'
EXIST.
ROW
65.0'
EXIST.
ROW
NTS
NORTH
0
SITE PLAN SCALE
(1"=40') :
80'
40
20'
REV DATE: 09/28/2023
COUNTY COMMENTS
1
9.28.23
JK
KN
*
LOTS WITH NARROW THROATS CONTAINING A DRIVEWAY EXTENDING FROM
STREET KNUCKLES OR CUL-DE-SACS SHALL HAVE THE ACTUAL BUILDING
ENVELOPE BEGIN BACK WHERE THE THROAT WIDENS INTO THE LOT PROPER
MEETING THE 50' MINIMUM REQUIRED LOT WIDTH.
LAND PLANNING:
KIMLEY-HORN
1001 W. SOUTHERN AVE, # 131
MESA, AZ 85210
CONTACT: KEITH NICHTER
EMAIL: KEITH.NICHTER@
KIMLEY-HORN.COM
PHONE: 602.313.7206
ENGINEERING:
KIMLEY-HORN
1001 W. SOUTHERN AVE, # 131
MESA, AZ 85210
CONTACT: ZACH HILL
EMAIL: ZACH.HILL@
KIMLEY-HORN.COM
PHONE: 602.313.7206
*
THE LOT'S AREA BEHIND THE THROAT SHALL CONTAIN THE BUILDING ENVELOPE
THAT MUST BE A MINIMUM OF 50' WIDE AND CONTAIN A MINIMUM LOT SIZE OF
6,000SF. THE LOT THROAT SHALL BE NO LONGER THAN 100' ALONG ITS GREATEST
DIMENSION AND SHALL BE A MINIMUM OF 20' WIDE.
RECEIVED
1. NOV 23
Z2022068
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 1 of 14
The Ville – Single-Family Residential Neighborhood
Northeast Corner of 73rd Avenue and Thunderbird Road
APNs: 200-68-020G, L, M, N, P, Q, R, S, T & U
Z2022068
First Submittal: March 28, 2022
Second Submittal: May 26, 2022
Third Submittal: July 12, 2022
Fourth Submittal: July 22, 2022
Fifth Submittal / REVISED: August 14, 2023
Sixth Submittal: November 1, 2023
Ashley Z. Marsh, Esq. / Michelle Santoro
40 N. Central Ave., 20th Floor
Phoenix, AZ 85004
Phone: 602-256-4443 / 602.256.4486
amarsh@gblaw.com/ msantoro@gblaw.com
RECEIVED 1. NOV 23
Z2022068
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 2 of 14
INTRODUCTION & HISTORY
Since 2010, Capital Allocation Partners and its Arizona-native principals have successfully executed various
value-add, redevelopment, and ground-up construction on close to 100 projects in Arizona and Utah. As of the
date of filing, Capital Allocation Partners is currently under construction on more than 1,000 residential units
with an additional 650 units slated to commence in 2023. Capital Allocation Partners is very familiar with this
submarket and has been amongst the most active investors in the metro Phoenix area over the past 10 years.
In early 2022, Capital Allocation Partners applied to rezone
the property at the northeast corner of Thunderbird Road
and 73rd Avenue, as shown on the aerial to the right (the
“Property”) from RU-43 to R-4 RUPD to develop an 80-unit
townhome multi-family project. At this time, Capital
Allocation Partners has reimagined the Property to
accommodate a single-family residential subdivision. This
revised application seeks to rezone the Property to R1-6
RUPD in order to develop a quality, single-family residential
neighborhood, consisting of nineteen (19) residential lots.
The proposed community will be constructed on
approximately 5 acres of land and will have a main entrance
on Thunderbird Road while meeting safety and subdivision requirements. Capital Allocation Partners is
dedicated to bringing a quality project to this site in unincorporated Maricopa County near the City of Peoria
area.
THE PROPOSAL
The proposal by Capital Allocation Partners is to rezone the approximately 6.23 gross / 5.23 net acre site from
RU-43 (Rural Residential) to R1-6 RUPD (Single Family Residential with Residential Unit Plan of Development
overlay) to allow for a unique development to be known as “The Ville.” This request to rezone the subject site
to R1-6 RUPD is an appropriate zoning category and will also contain a residential overlay that allows for a slight
variation to the R1-6 zoning base development standards to meet the unique needs of the project given its
unique size and shape.
The Ville is a small, residential community of 19 lots. The proposed density is approximately 3.12 du/acre
(gross), which will allow the development of a small neighborhood to provide housing opportunities for the
existing employment in the area, such as the Peoria Sports Complex, the Banner Thunderbird Medical Center
and Arizona State University West Campus.
With that said, Capital Allocation Partners is excited to complete the rezoning and ultimate development of this
property and expand housing opportunities for residents in an established and mature area of the county (City
of Peoria) where resources and infrastructure are in currently place to facilitate orderly and efficient growth.
The utilization of the existing infrastructure for new developments aligns with Maricopa County Vision 2030
comprehensive plan's development strategies and ultimately the site is planned for annexation into the City of
Peoria. There are several parcels along the southern portion of the subject Property that are currently within
the jurisdiction of the City of Peoria, for strip annexation, that are not a part of this subject rezoning request.
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 3 of 14
They are however under the same ownership and will be included in the development when annexed into the
City of Peoria.
RELATIONSHIP TO SURROUNDING PROPERTIES
The Property is vacant, agricultural with two (2) homes and
accessory structures, as shown on the aerial to the right. The
property
fronts
Thunderbird
Road,
a
major
arterial
thoroughfare and bus route. It is also close to
commercial/retail/office users to the west at the intersection of
75th Avenue and Thunderbird Road. The Property is a county
island with a mix of residential zoning and densities surrounding
it. Most of the land surrounding the Property is zoned and
located within the City of Peoria.
As stated, the Property is within the county with a
Comprehensive Plan designation of “Rural Densities (0-1
du/ac)” and is also within the Peoria Planning Boundary with a
General Plan designation of “Estate Residential (0-2 du/acre; target density 1.0).” However, the Property has
become an infill opportunity with a mix of zoning districts and uses (e.g., agricultural, church, water
tank/utilities, commercial, etc.) that have developed around it. Additionally, the Property is ideally located at
an intersection and fronts Thunderbird Road, which further supports the proposed density and style of
residential development.
CONSISTENCY WITH THE INTENT OF THE COMPREHENSIVE PLAN
The requested rezone is in conformance with the goals and policies of the Comprehensive Plan. Listed below
are a few of the goals and policies that demonstrate the proposed land use compatibility with and conformance
to the various elements of the Comprehensive Plan.
Land Use
"The Land Use element maintains that sensible, functional, balanced, fiscally efficient, and economically
viable land use patterns are important priorities. This element also reinforces the county's support for its
area plan program and includes updated land use categories."
Land Use Goal #1: Achieve balanced and efficient development patterns.
Land Use Policy #17: Maricopa County supports balanced land use patterns that include various
residential, retail, non-retail employment, and public and civic land uses.
Response:
The proposed rezoning will help to achieve a balanced land use pattern in the area
by providing a new residential opportunity. The diversity of the surrounding uses
and existing nearby infrastructure supports the residential use in the area, which
will provide a balance to other nearby and surrounding land uses (e.g., retail). This
use acts as a part of the greater area providing a balanced and efficient network
of residential developments.
Transportation
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 4 of 14
"The Transportation element establishes Maricopa County's support for coordinating future growth with
an efficient transportation system. The Transportation element also emphasizes the importance of an
efficient transportation system to the region's economy and air quality."
Transportation Goal #2: Contribute to a safe, seamless and effective transportation system.
Transportation Goal #3: Coordinate land use decisions with transportation investments to help
the county exercise sound financial management and build the county's fiscal strength.
Transportation Policy #9: Maricopa County supports balanced and efficient land use patterns
that reduce the number and length of vehicle trips.
Response:
The proposed rezoning contributes to a safe, seamless, and effective
transportation system that locates the residential land use in close proximity to
an existing major arterial street and bus line (i.e., Thunderbird Road), providing
effective and sustainable transportation access for residents to the immediate and
greater surrounding area. Moreover, the property is also within proximity to the
freeway systems (i.e., the US-60/Grand Avenue is approx. 1.5 miles to the east;
101-freeway is approx. 2.5 miles to the west), which will broaden the
attractiveness of these units to a larger market due to transportation
options/access. Both 73rd Avenue and Thunderbird Road are under the
jurisdiction of the City of Peoria and will be improved per its standards.
Economic Growth
"The Economic Growth element includes strategies that Maricopa County can use to help create a diverse
and resilient economy. Opportunities focus on locating employment proximate to where people live,
supporting small and start-up businesses, and supporting industries that require a lot of land but not
urban services or infrastructure."
Economic Growth Goal #1: Contribute to an effective regional economy.
Response:
The contribution of a well-located land use/development within a desirable
community that provides easy access to the surrounding freeway/bus systems
supports and encourages regional economic activity.
Energy
"The Energy element is the newest in this plan and includes policies to promote renewable energy, energy
conservation and overall more efficient energy use."
Energy Goal #3: Have balanced and efficient development patterns.
Response:
The proposed development provides for an efficient land use pattern that locates
shared, diverse, and unique housing options within close proximity (i.e., walkable)
to services that reduces the overall energy consumption.
Cost of Development
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 5 of 14
"The Cost of Development element specifies ways to help ensure that new development pays its fair share
towards the cost of additional infrastructure and services needed to serve new development. The Cost of
Development element also identifies current cost sharing methods, recommends future cost sharing
strategies, and includes ways to ensure reasonable application of the recommended strategies."
Cost of Development Goal #2: New development pays its proper and reasonable share of the
costs of new infrastructure, services, and other public improvements.
Response:
The development proposal will ultimately pay its fair share of infrastructure and
services needed, which will help sustain/maintain the infrastructure. The
developer will work with both Maricopa County and the City of Peoria to
determine cost allocation and/or infrastructure improvements as necessary.
ACCESS AND CIRCULATION
The Ville is situated at the northeast corner of 73rd Avenue and Thunderbird Road and within the future
annexation area for the City of Peoria. The proposed development will be accessed from Thunderbird Road and
potentially 73rd Avenue. There will be coordination with the County Department of Transportation and the City
of Peoria regarding all necessary street dedications and improvements. With that said, access will circulate
throughout the site for ease of movement for both vehicles and pedestrians. The internal street will be a private
street that is gated. The conceptual lotting plan provided below is illustrative only.
RUPD COMPARISON CHART
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 6 of 14
The table below illustrates the deviation from the base zone district standards regulations in comparison to the
proposed development standards.
Regulation
Base R1-6 Zoning
District
Proposed Zoning
District Regulations
(R1-6 RUPD)
Height
30’
30’
Front Yard
20’
20’ (10’ for any side entry
garage or forward living
product)
Interior Side Yard
5’
5’
Street-side Yard
10’
10’
Rear Yard
25’
15’
Lot Area
6,000 sq. ft.
6,000 sq. ft
Lot Width
60’
50’*
Lot Area per Dwelling Unit
6,000 sq. ft.
6,000 sq. ft.
Lot Coverage
50%
55%
Common Open Space
N/A
15%
Parking Spaces
2 per dwelling unit
2 per dwelling unit
Maximum Privacy Wall
8’
8’
*LOTS WITH NARROW THROATS CONTAINING A DRIVEWAY EXTENDING FROM STREET KNUCKLES OR CUL-DE-SACS SHALL HAVE
THE ACTUAL BUILDING ENVELOPE BEGIN BACK WHERE THE THROAT WIDENS INTO THE LOT PROPER MEETING THE 50’ MINIMUM
REQUIRED LOT WIDTH. THE LOT’S AREA BEHIND THE THROAT SHALL CONTAIN THE BUILDING ENVELOPE THAT MUST BE A
MINIMUM OF 50’ WIDE AND CONTAIN A MINIMUM LOT SIZE OF 6,000 SF. THE LOT THROAT SHALL BE NO LONGER THAN 100’
ALONG ITS GREATEST DIMENSION AND SHALL BE A MINIMUM OF 20’ WIDE.
JUSTIFICATION
The RUPD table proposed seeks minor deviations from the development standards, while simultaneously
creating an open space requirement where one would not exist with baseline zoning. These modifications under
the RUPD are minor and promote the development of a premier community that features first-rate amenities,
private open space, and sophisticated modern design. The increased open space standards set the tone for a
high-quality development while also blending with the existing single-family residential surrounding the
property. The deviations requested reduce the required rear setback and lot width, while increasing the lot
coverage allowed.
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 7 of 14
There is also a request to vary the front setback to ten (10) feet to the livable area or to side loaded garages.
Front facing garages will be setback from sidewalks to account for the 18-foot by 18-foot parking space
requirement for two (2) parked vehicles. This requested variation will eliminate a dominate garage streetscape
to allow for diversity in housing product and design.
Again, all are minor deviations but are needed in order to fit the single-family residential lots on this small, odd-
shaped property. This will allow for better product placement of individual homes and provide for additional
square footage to be allotted to circulation and open space requirements to serve the future community. These
deviations also mirror nearby adjacent residential developments.
To offset these deviations, 15% open space is proposed to allow for active and passive open space areas where
no open space requirement exists for the baseline R1-6 zoning district.
DEVELOPMENT SCHEDULE
It is anticipated that The Ville will be developed as a single phased project, upon annexation into the City of
Peoria with necessary requisite building permits and plating. This development proposal will not adversely
affect municipal and private facilities or services and will not have an adverse effect on existing or future public
and private open space, recreation, schools or library facilities.
COMMUNITY FACILITIES AND SERVICES
Schools
The proposed development is located within the Peoria Unified School District. Students from this
development are anticipated to attend either Oakwood Elementary School (K-8) or Pioneer Elementary
School as well as Cactus High School.
Amenities
The Ville will provide significant open space areas throughout the development for passive and active
recreation and enhanced landscaping. Amenities have not been defined at this time.
Refuse
Refuse will be provided by a private waste management company or via the City of Peoria.
Sanitary Sewer Service
The Ville will annex into the City of Peoria, which will connect to the existing city sewer system.
Water Service
The Ville will annex into the City of Peoria, which will connect to the existing city water system.
The Ville –Single-Family Residential Neighborhood Rezoning to R1-6 RUPD
Page: 8 of 14
Police and Fire
The Ville will annex into the City of Peoria, which will provide city police and fire services.
Dry Utilities
The Ville coordinate with Arizona Public Service (APS) for electricity and Southwest Gas for natural gas
(as needed). In addition, internet and phone services will be provided to the project via the many
companies and options available.
CONCLUSION
In conclusion, the proposed development will allow for the construction of a high quality, unique, and desirable
single family residential community within this area. The requested zoning is an appropriate transition and
buffer from the existing single-family residential homes and unique, diverse uses within and abutting the
property. The request will not have an adverse impact on the livability of the area, health, or safety of the
current or future residents. Furthermore, the development will not adversely impact the built environment or
residential/agricultural quality of the area. In fact, the proposed land uses should be considered an asset and
buffer with the surrounding area than the existing more intense, impactful non-residential uses. With that said,
Capital Allocation Partners and their team are committed to ensuring the creation of a high-quality development
and look forward to working with Maricopa County and the City of Peoria on realizing this exciting housing
development.
The Capital Allocation Partners and team respectfully requests your favorable consideration of this request.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
N
0'
50'
100'
200'
73RD AVE. AND THUNDERBIRD RD.
MARICOPA COUNTY, AZ
CONCEPTUAL SITE PLAN
SONORA WEST DEVELOPMENT
DATE: 09/28/23
+/-264,692 SF / +/-6.08 AC
+/-231,624 SF / +/-5.32 AC
RU-43 (COUNTY)
R1-6 RUPD
19 (3.12 DU/GROSS AC)
MIN. 50'X120' (MIN. 6K SF)
+/-1.0 AC (+/-16%)
GROSS SITE AREA:
NET SITE AREA:
EXISTING ZONING:
PROPOSED ZONING:
PROPOSED UNITS:
PROPOSED LOT SIZE:
PROP. OPEN SPACE:
NOTE: THIS YIELD STUDY IS FOR CONCEPTUAL
PURPOSES ONLY AND REQUIRES DETAILED SITE
PLANNING, ENGINEERING & CITY APPROVALS.
SITE DATA:
BY:JK
(RU-43)
PRIVATE DRIVE
RET.
42.0'
120.0'
50.0'
24.0'
10.0'
25.0'
90.0'
20.0'
20.0'
10.0'
RET.
RET.
35.0'
10.0'
263.6'
263.6'
7 3 R D A V E .
T H U N D E R B I R D R D .
C E M E T E R Y R D .
7 1 S T A V E .
40.0'
40.0'
71 OAKS
SUBDIVISION
(R1-10 RUPD
-COUNTY/PAD
- PEORIA)
TIERRA NORTE SUBDIVISION
(R1-10)
(AG)
(RM-1)
(RU-43)
(RU-43)
42.0'
GATED
ENTRY/EXIT
20.0'
15.0'
15.0'
10.0'
20.0'
5.0'
10.0'
10.0'
20.0'
50' MIN.
50' MIN. 50' MIN.
120.0'
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 372-2907
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water & Waste Management Division
DATE:
April 6, 2022
TO :
Martin Martell, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Zoning Change With Overlay. Z2022068
The Maricopa County Environmental Services Department (MCESD) has received
documentation for the rezone the approximately 5.32 net acres site from RU43 (Rural
Residential) to R-4 RUPD (Multiple Family Residential with Residential Unit Plan of
Development overlay) to allow for a unique multifamily rental development to be
known as “The Ville – Apartment Townhomes.” at APN# 200-68-020G.
According to the documents submitted, City of Peoria will provide potable water and
sanitary sewer services. ATC must be obtained prior to construction permit approval.
Based on the above, MCESD raise no concern for this project to the Planning &
Development Department in Accela Automation on April 6, 2022.
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 St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
Bob.Fedorka@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
June 2, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Martin Martell, Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022068 - Zone Change (to R-4 RUPD)
(E2 Memo)
Job Site Address: NEC Happy Valley & El Mirage Roads
APN(s):
200-68-020G, L, M, N, P, Q, R, S, T & U
This application is to specify zoning for future development and does not include a Plan of
Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the 2nd
submittal of the Zone Change application routed for review on May 31, 2022, and has no
objections subject to the following conditions:
1. APNs 200-68-020L, P and S are located within the jurisdiction of the City of Peoria
(strip annexed) who must approve any zone change proposal within their confines.
2. Thunderbird Road and N. 73rd Avenue are within the jurisdiction of the City of Peoria.
The applicant is responsible for coordinating with the City to review any traffic
impact, right-of-way dedication, permitting or roadway improvement requirements.
3. Without the submittal of a Plan of Development, 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 review and/or
entitlement.
4. 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.
Please contact me if you have any questions or require any additional information.
DATE:
January 11, 2024
TO:
Planning & Zoning Commission
From:
Darren Gérard, AICP Planning Manager
SUBJECT:
Z2022068 – The Ville
Agenda Item: #1
Staff communications with the applicant since the publication of the report, have made staff
comfortable with the removal of condition ‘d’:
CONDITION ‘d’: Final plats must be approved and recorded in five years if the site is not annexed
and remains unincorporated.
Therefore staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022068 subject to the conditions ‘a’ – ‘g’ (renumbered after deletion of
condition ‘d’ as shown in the staff report):
a.
Development of the site shall be in substantial conformance with the Zoning
Exhibit entitled “The Ville (73rd Ave. & Thunderbird Rd.)”, consisting of one full-size
sheet, dated September 28, 2023, and stamped received November 1, 2023, except
as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “The Ville – Single-Family Residential Neighborhood”, consisting of
eight pages, dated November 1, 2023, and stamped received November 1, 2023,
except as modified by the following conditions.
c.
Before the approval of the initial final plat or precise plan of development, the
applicant shall provide the Maricopa County Planning and Development
Department with an executed pre-annexation service agreement with the City of
Peoria that identifies in detail when the proposed project will be annexed and the
provision of water and sewer service. In place of a pre-annexation service
agreement the developer must provide a ‘will serve’ letter from the certificated
water and sewer provider.
d.
The following Planning Engineering conditions shall apply:
1.
APNs 200-68-020L, 200-68-020P, and 200-68-020S are located within the
jurisdiction of the City of Peoria (strip annexed area) and the City must
approve any zone change proposal within their confines.
2.
Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of
Peoria. The applicant is responsible for coordinating with the City to review
any traffic impact, right-of-way dedication, permitting, or roadway
improvement requirements.
3.
Without the submittal of a Plan of Development, 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 review and/or entitlement.
4.
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.
e.
The following R1-6 RUPD development standards shall apply:
1.
Minimum front yards of ten feet for any side entry garage or forward living
product.
2.
Minimum rear yards of fifteen feet.
3.
Minimum lot width of 50 feet.
4.
Maximum lot coverage of 55 percent.
5.
At least 15% of the area of any plat shall be set aside as common open
space.
6.
Lots with narrow throats containing a driveway extending from either street
knuckles or cul-de-sacs shall have actual building envelope delineated on
subdivision plats so that excluding the area of the narrowed throat the lot
proper will meet a minimum 50-foot width and minimum 6,000 square foot
area. Such lots shall have a throat of at least 20 feet wide and shall be no
longer than 100 feet along its greatest dimension.
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 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, it may be considered for revocation by the Board of
Supervisors, upon recommendation by the Commission, to the previous Rural-43
zoning category. 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.
DATE:
January 11, 2024
TO:
Planning & Zoning Commission
From:
Darren Gérard, AICP Planning Manager
SUBJECT:
Z2022068 – The Ville
Agenda Item: #1
Since the publication of the report, staff has received a request from the City of Peoria to add the
following conditions:
Requested Condition: Annexation of the subject site into the City of Peoria is required prior to
the provisions of any City of Peoria services or utilities (such as sewer and water).
Requested Condition: Platting of the subject site through the City of Peoria is required.
Requested Condition: The developer shall dedicate a minimum 25-ft ROW and 8-ft PUE along
73rd Ave frontage.
Requested Condition: The developer shall dedicate a minimum 65-ft ROW and 8-ft PUE along
Thunderbird Rd frontage.
Both staff and the applicant believe that the language listed in the four stipulations
above is covered in the following two stipulations already listed in the Z2022068 staff
report:
Condition ‘c’: Before the approval of the initial final plat or precise plan of development,
the applicant shall provide the Maricopa County Planning and Development Department
with an executed pre-annexation service agreement with the City of Peoria that identifies
in detail when the proposed project will be annexed and the provision of water and sewer
service. In place of a pre-annexation service agreement the developer must provide a ‘will
serve’ letter from the certificated water and sewer provider. (This would address
requested condition #1)
Condition ‘d(2)’: Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of
Peoria. The applicant is responsible for coordinating with the City to review any traffic
impact, right-of-way dedication, permitting, or roadway improvement requirements. (This
would address requested conditions #3 & #4)
Staff and the applicant believe that the requested condition #2 to require the developer
to plat within the City of Peoria is too restrictive for this site, especially if circumstances
change and the property owner wishes to remain/develop in the County. Therefore, staff
do not support adding these requested conditions to the Z2022068 staff report.
Attached:
Email from the City of Peoria (1 page)
1
Martin Martell (PND)
From:
Greg Loper <greg.loper@peoriaaz.gov>
Sent:
Wednesday, January 10, 2024 3:52 PM
To:
Martin Martell (PND)
Cc:
Lorie Dever; Ashley Z. Marsh; Darren Gerard (PND); Jack Situ
Subject:
FW: 73rd / Thunderbird (Maricopa County Zoning Case #Z2022068)
Importance:
High
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Martin,
Thank you for the opportunity to comment on zoning case #Z2022068 (rezoning at the northeast corner of
Thunderbird Road and 73rd Avenue). We understand from speaking with the applicant – Ashley Marsh – that
annexation into the City is proposed (and required in order to receive City of Peoria services such a sewer and
water). At this time, we respectfully request that the following stipulations be applied to zoning case
#Z2022068:
1. Annexation of the subject site into the City of Peoria is required prior to the provisions of any City of
Peoria services or utilities (such as sewer and water).
2. Platting of the subject site through the City of Peoria is required.
3. Developer shall dedicate minimum 25-ft ROW and 8-ft PUE along 73rd Ave frontage.
4. Developer shall dedicate minimum 65-ft ROW and 8-ft PUE along Thunderbird Rd frontage.
Thanks Martin – please let us know of any questions or comments.
Greg Loper, AICP
Parks & Natural Resources Senior Planner
Strategic Planning
O: 623-773-4613
M: 602-550-7004
Greg.Loper@PeoriaAz.gov
City of Peoria | Planning Department
9875 N. 85th Avenue, Peoria, AZ 85345
Monday through Thursday, 7am to 6pm | Closed Friday
PeoriaAZ.gov/planning
7202 W. Thunderbird
Peoria, AZ 85381
January 28, 2024
Parcel #200-68-066A
Parcel #200-68-066B
Parcel #200-68-067
Parcel #200-68-068
Martin.Martell@Maricopa.gov
Case #Z2022068
Attn: Board of Supervisors
My name is Melody Sandell. I own the (4 acres) contiguous property on the East side that runs the
entire length of the proposed sight for a single family residential subdivision located on the NEC of
Thunderbird Road and 73rd Avenue in Peoria. I have not received any type information or
communication about this proposed development. The only bit of information I received were the
very small cards sent from the Maricopa County Planning and Development. I did receive four of the
them (one for each parcel #number. So, my contact information is up to date) I would like to point out
the acres on the notification were incorrect with it stating 6.23 acres are under consideration. I believe
the correct number is 5.23. The developer or their representative have definitely not reached out to
me. Is there not supposed to be notification to anyone within 300 ft? How close are the proposed
homes to my property? How high is the proposed fence? We currently have some cattle on our
pasture and will continue to do so. Who is responsible for the roads next to this development (73rd
Ave and Cemetery Road)? Does the developer have plans to update these roads? These roads as they
stand will not handle large emergency equipment…fire trucks. If the developer plans to improve or
widen these roads will this cut into the acreage proposed for development? If the developer widens
the roads using their proposed property will the property be able to handle 19 units?
I have no problem with the property being sold next to me. I do not feel that the proposed zoning
change from RU-43 to R1-6 is unacceptable for this area. The development to my east was a good
compromise of zoning from R43 to R1-10. The Weedville community is still very much a rural and
agricultural area in the middle of urban development. It is a historic community of buildings,
properties, small acreages and a pioneer cemetery. The roads are very narrow and are in need of
maintenance seemingly all but forgotten by Maricopa County. Thunderbird is already overloaded with
traffic backing up over 3/4th of a mile each direction making it difficult to get onto Thunderbird during
a large part of the day. This proposed development will only add the bottleneck especially if each of
the proposed 19 home have 2 cars each. Suddenly 40 more vehicles are added to an already
overloaded Thunderbird Road. The development to the east of me is an acceptable zoning of R1-10.
There are many questions that need to be resolved before the Board of Supervisors moves forward
with any zoning changes to this area. I am grateful that the proposed development is greatly reduced
from the number of units the developer proposed last year. I would ask that the Board of Supervisors
to allow for more discussion before deciding to change the zoning to R1-6 and strongly consider R1-
10 a better option for this historic area.
Thank you for your consideration.
Respectfully submitted
Melody Sandell Tr