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ITEM 5 |
City Council Memorandum Development Services Memo No. 23-006
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Date: |
March 20, 2023 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, City Manager Andy Bass, Deputy City Manager Micah Miranda, Acting Development Services Director |
From: |
Harley Mehlhorn, Planner |
Subject: |
PLH22-0065 Vivas Property, Introduction and Tentative Adoption of Ordinance No. 5050 |
Request: |
Rezoning from Agricultural (AG-1) to Planned Area Development (PAD) for Single-Family Residential Preliminary Development Plan for site layout and building architecture. |
Location: |
Southwest corner of Pecos and Cooper Roads |
Applicant: |
Felix Vivas, Property Owner |
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Proposed Motion: |
Rezoning Move City Council introduce and tentatively adopt Ordinance No. 5050 approving PLH22-0065 Vivas Property, Rezoning from Agricultural District (AG-1) to Planned Area Development (PAD) for Single-Family Residential, subject to the conditions as recommended by Planning and Zoning Commission. Preliminary Development Plan Move City Council approve Preliminary Development Plan (PDP) PLH22-0065 Vivas Property, for site layout and building architecture, subject to the conditions as recommended by Planning and Zoning Commission. |
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 (PDP) approved in 1999
- Three lots to the east of the subject site were also omitted from rezoning and master PDP, but were subsequently approved 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' and 10' Rear: 20' |
Maximum Lot Coverage |
57% |
Height |
25' at midpoint of slope |
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Review and Recommendation |
The subject site, at approximately 0.7 acres and consisting of two lots, is under the minimum lot size to build dwelling units under its current zoning, thus necessitating a rezoning. 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 went through rezoning in 2000 and were incorporated into the subdivision in a similar way as is proposed herein. The lots came into City ownership after the subdivision started to develop and were sold in December 2021 after a Request for Proposal (RFP) was issued. The applicant 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 Recorder's Office. However, in the event that the site has not officially been annexed, the applicant has signed an agreement with the HOA agreeing to annex within 30 days of rezoning approval. 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 those neighbors, 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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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting of March 1, 2023 Motion to recommend approval: In Favor: 6 Absent: 1 (Morgan) |
Recommended Conditions of Approval |
Rezoning Planning staff find the request is in compliance with the General Plan and Planning and Zoning Commission recommends the City Council approve Rezoning from AG-1 to 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 find the request is in compliance with the General Plan and Planning and Zoning Commission recommends the City Council approve 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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