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ITEM 3 |
Planning & Zoning Commission Memorandum Development Services Memo No. 23-005
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Date: |
March 1, 2023 |
To: |
Planning and Zoning Commission |
Thru: |
Kevin Mayo, Planning Administrator David de la Torre, Planning Manager |
From: |
Harley Mehlhorn, Planner |
Subject: |
PLH22-0065 Vivas Property |
Request: |
Rezoning from Agricultural (AG-1) to Planned Area Development (PAD) for Single-Family Residential and Preliminary Development Plan approval for site layout and building architecture for two single-family homes |
Location: |
Located at the southwest corner of Cooper and Pecos Roads |
Applicant: |
Felix Vivas, Property Owner |
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Proposed Motion: |
Rezoning Move Planning and Zoning Commission recommend approval of PLH22-0065 Vivas Property, rezoning from Agricultural (AG-1) to Planned Area Development (PAD) for Single-Family Residential, subject to the conditions as recommended by Planning staff. Preliminary Development Plan Move Planning and Zoning Commission recommend approval of Preliminary Development Plan PLH22-0065 Vivas Property, for site layout and building architecture subject to the conditions as recommended by Planning staff. |
Background Data: |
- Two lots of a total combined area of approximately 0.7 acres
- Currently zoned Agricultural (AG-1), which requires a minimum of an acre to build a dwelling unit
- Exempted from both rezoning and plat of surrounding Canyon Oak Estates Subdivision which was approved in 1998
- Preliminary Development Plan approved in 1999
- Three lots to the east of the subject site were also omitted from rezoning and master PDP and came through in 2000
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Surrounding Land Use Data: |
North |
Pecos Road, then PAD Single-Family |
South |
PAD Multi-Family and Single-Family |
East |
Cooper Road, then PAD Commercial |
West |
Canal, then Single-Family parcel zoned SF-33 |
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General Plan and Area Plan Designations |
Plan Type |
Existing |
Proposed |
General Plan |
Neighborhoods |
No change |
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Proposed Development |
Acreage |
~0.7 acres |
Building Setbacks |
Front: 20' Sides: 5' & 10' Rear: 20' |
Maximum Lot Coverage |
57% |
Height |
25' at midpoint of slope |
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Review and Recommendation |
The subject site, being approximately 0.7 acres and consisting of two lots, is under the minimum lot size to build dwelling units, thus a rezoning is necessitated. The applicant is proposing two lots, one of approximately 13,000 sq. ft. and one of approximately 16,000 sq. ft. The site development standards and architecture are to match the surrounding homes under the existing PDP which was adopted by council in 1999 in case number PL99-078 Canyon Oak Estates. The subject site along with the three lots to the east were exempted from the initial zoning case and subsequent PDP. The three lots to the east came through in 2000 to rezone and incorporate into the subdivision in a similar way as is proposed herein. The lots came into city ownership after the subdivision started to develop and was sold in December of 2021 after an RFP was issued and subsequently the city received offers, one such was from the applicant who ultimately acquired the property. In 2009, the Canyon Oaks Estates HOA voted to annex the subject site into the HOA. Staff has not been able to find annexation documents with Maricopa County Recorders Office. However, in the event that the site has not officially been annexed, the applicant has indicated that he intends to annex and the HOA remains in favor of the site's annexation. Finding the request in conformance with the General Plan and compatible with surrounding land uses, staff recommends approval with conditions. |
Public / Neighborhood Notification |
- This request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A neighborhood meeting sign was posted on the site and on social media via NextDoor.
- A neighborhood meeting was held on January 26 2023, at which three neighbors attended, two of which, a married couple who live within the subdivision, voiced concerns that the applicant was not willing to incorporate into the HOA. It was since revealed that the HOA voted to annex the site in 2009.
- As of the writing of this memo, Planning staff is not aware of any opposition to this request.
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Recommended Conditions of Approval: |
Rezoning Planning staff recommends Planning and Zoning Commission move to recommend approval of rezoning from Agriculture District (AG-1) to Planned Area Development (PAD) for Single-Family Residential, subject to the following conditions:
- Developer shall complete construction of all required off-site street improvements including but not limited to paving, landscaping, curb, gutter and sidewalks, median improvements and street lighting to achieve conformance with City codes, standard details, and design manuals.
- Landscaping in all rights-of-way shall be maintained by the adjacent property owner or HOA. Additionally, hardscape improvements located behind the sidewalk and within the right-of-way shall be maintained by the adjacent property owner or HOA.
- Minimum setbacks shall be as provided below:
Setback |
Distance |
Front |
20' |
Sides |
5' and 10' |
Rear |
20' |
- Maximum lot coverage shall be 57%
- Maximum building height shall be 25 feet to the midpoint of the slope.
Preliminary Development Plan Planning staff recommends Planning and Zoning Commission move to recommend approval of the Preliminary Development Plan, subject to the following conditions:
- The housing product shall be in substantial conformance to those approve for the Canyon Oaks Estates Preliminary Development Plan (Case No. PL99-078) with matching building configurations, forms, rooflines, materials, and colors, to be reviewed and approved by the Zoning Administrator or designee under an Administrative Design Review (ADR) prior to building permits being issued.
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