TO: Chair and Planning Commission
FROM: Eva Cutro, Community Development Director
Paul Michaud, Senior Planner
DATE: November 15, 2016
CONTACT:
Staff Contact
Paul Michaud, 480-348-3574
End
AGENDA TITLE:
Title
CUP-16-01 Consideration of an amendment to a private road Conditional Use Permit
Portion of Nauni Valley Road adjoining 6001 N Nauni Valley Drive
Body
ACTION:
Action
Based upon the four findings of Section 1103.4 of the Town Zoning Ordinance as outlined in this action report, I move for approval of the amendment to the Conditional Use Permit (CUP 16-01) to remove the requirement for curbs for a private road on a portion of the existing Nauni Valley Drive adjacent to the property located at 6001 N Nauni Valley Drive, subject to the following revised stipulations (deletions shown as strikethroughs and additions shown in bold type - Changes are to Stipulations 2, 4, and 10, the other stipulations from the prior approval remain the same. The changes to Stipulations 2 and 4 relate to removal of the curb language. The change to Stipulation 10 relates to the pothole repair being completed.):
1. This private roadway Conditional Use Permit (CUP) shall apply to the portion of Nauni Valley Drive as described in the legal description prepared by Anthony N Zaugg dated February 29, 2016.
2. This CUP shall be is substantial compliance with the documents submitted with this application, including the following:
a. Narrative prepared by Rose Law Group, dated March 7, 2016 October 12, 2016.
b. Legal description prepared by Anthony N Zaugg dated February 29, 2016.
c. Paving Plan Roadway as-built plan, Sheets 1 and 2, prepared by Allen Consulting Engineers, Inc., dated March 30, 2016 October 29, 2016 .
3. The property owner of 6001 N Nauni Valley Drive and/or the property owner(s) of any lot created due to a lot split from 6001 E Nauni Valley Drive, shall provide the Town, in a form acceptable to the Town Attorney, a grant of access easement over the private roadway and a private roadway maintenance agreement for the portion of Nauni Valley Drive subject to this CUP. This form shall be reviewed by the Town Attorney, be in compliance to applicable local and state laws, and be recorded with the Maricopa County Recorder’s Office. Said form shall be recorded prior to issuance of the Certificate of Occupancy or a final inspection for the home(s) located on Lot 12 of Nauni Valley Ranch.
4. The property owner of 6001 N Nauni Valley Drive or said owner’s designee shall improve the portion of Nauni Valley Drive subject to this CUP in compliance with the Local Cross-Section Option B C of the Town General Plan. This shall include any necessary pavement improvement connecting Nauni Valley Drive to McDonald Drive within the McDonald Drive right-of-way. Also, it shall include the necessary transition of Nauni Valley Drive to the existing portion of Nauni Valley Drive located outside the area of this CUP.
5. The corner vision located at the northwest and northeast corner of the intersection of McDonald Drive and Nauni Valley Drive shall comply with Section 8-1-13, Corner Vision, of the Town Code, unless documentation has been submitted prior to recordation of the lot split and approved by the Town Engineer for a modification to these requirements. Based upon the dimensions of said corner vision, any obstructions within the Nauni Valley Drive and McDonald Drive rights-of-way will need to be reduced in height or removed pursuant to said Section 8-1-13.
6. Prior to the recordation of the lot split of Lot 12 of Nauni Valley Ranch or within 60 days from approval of this CUP, whichever is earlier, the property owner of said lot or designee shall provide for Town approval the roadway plan referenced in Stipulation 4 and submit the required assurances necessary to guarantee completion of said improvements.
7. Prior to the recordation of the lot split of Lot 12 of Nauni Valley Ranch, the property owner of said lot or designee shall submit a demolition permit for the existing entry wall and the private roadway sign located within the right-of-way of Nauni Valley Drive. The final inspection and removal of said structures shall be completed no later than Certificate of Occupancy or final inspection for the home(s) on Lot 12 of Nauni Valley Ranch.
8. A private roadway sign may be installed on the street sign for Nauni Valley Drive pursuant to the Town standards for such sign, with all costs associated with said sign to be paid by the applicant requesting said sign. Alternatively, a similar sign may be installed on private property pursuant to Article XXV, Signs, of the Town Code.
9. Prior to issuance of the Certificate of Occupancy or a final inspection for the home(s) located on Lot 12 of Nauni Valley Ranch, the property owner of 6001 N Nauni Valley Drive or designee shall complete the roadway improvements referenced in Stipulations 4 and 6.
10. The pothole located in front of the driveway of 6001 N Nauni Valley Drive shall be repaired not more than 30 days after the recordation of the lot split of said lot.
BACKGROUND
Refer to the action report for this application under the Study Session Items for background information and on the compliance to four Conditional Use Permit requirements.
ATTACHMENTS
Refer to the action report for this application under the Study Session Items for all attachments.
C: - Applicant
- Case File