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ITEM 13 |
City Council Memorandum Development Services Memo No. 21-026
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Date: |
May 27, 2021 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, Acting City Manager Debra Stapleton, Assistant City Manager Derek D. Horn, Development Services Director |
From: |
Lauren Schumann, Planning Senior Program Manager |
Subject: |
PLH21-0006 Infant Swimming Resource |
Request: |
Use Permit approval to allow swim lessons within a property zoned Planned Area Development (PAD) for single-family |
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Location: |
2720 E. Coconino Drive, within Fonte Al Solé subdivision, west of the southwest corner of Gilbert and Ocotillo roads |
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Applicant: |
Therace Pollard, ISR Certified Master Instructor |
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Proposed Motion: |
Use Permit Move City Council approve Use Permit, PLH21-0006 Infant Swimming Resource, located at 2720 E. Coconino Drive, within the Fonte Al Solé subdivision, west of the southwest corner of Gilbert and Ocotillo roads, subject to the conditions recommended by Planning and Zoning Commission. |
Background Data: |
- Subject site zoned PAD for single-family; constructed 2003
- 10,800 square foot lot with one single family home with a swimming pool in rear yard
- Homeowner has been operating swim lessons from subject site for over 12 years
- City staff received complaint about the homeowner operating a business from the home
- Per the Zoning Code, businesses can occur within a single family home if no employees or customers come to the property
- The Zoning Code can permit additional uses within a single family home through Use Permit approval
- Infant Swimming Resource is a certified training program to teach infant/children how to survive in bodies of water
- The homeowner is a certified master instructor and trains instructors across the county during the off-season
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Surrounding Land Use Data: |
North |
Single family residence |
South |
Single family residence |
East |
Single family residence |
West |
Single family residence |
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Proposed Development: |
Proposed Time/Day |
Monday-Friday, typically 7 a.m. to 1 p.m. |
Lesson length |
Lessons are 15 minutes long, 5 days a week, for 3-6 weeks |
Swim Season |
Typically April-August |
Parking |
3 spaces in driveway for guest & 3 car garage for residents; Lessons are staggered to avoid overlapping of more than two guest vehicles |
Access to Pool |
Lessons limited to one guardian, access rear yard by side gate along eastern property |
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Review and Recommendation: |
Planning staff has reviewed the request and compatibility with the surrounding single-family residences. The route to access the property from Ocotillo Road utilizes Norman Way, a collector street that does not have any homes fronting the street. Closer to the property, customer traffic on Kimberlee and Coconino drives is mitigated by staggered lesson times and requiring all guardians to park on-site on one of the three provided parking spaces. Additionally, lessons are only conducted five months of the year and during the morning hours, thus lessening the impact on the surrounding neighborhood. Infant Swimming Resource has only one employee, the homeowner, which further reduces the impacts of a business within a single family home. |
Public / Neighborhood Notification |
- This request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A neighborhood meeting was held on April 15, 2021. The applicant and Planning staff held an in-person meeting at the subdivision’s common ramada area. Seven residents attended, and all had high recommendations for the service the applicant provides to Chandler residents. Many of the attendees have or had at one point had children attend the applicant’s lessons and praised the applicant for the confidence their children have around water. Furthermore, neighbors expressed the relief they have as a parent/guardian knowing if their child fell into a body of water, the child could maneuver to safety if an adult was not around.
The other attendees have never utilized lessons from the applicant, but lived on the same street, including a neighbor from across the street. All stated support for the service being provided by the applicant.
- As of the writing of this memo, Planning staff is not aware of any formal opposition to the request. The resident who called in the complaint has been given multiple opportunities to contact the assigned planner and has not done so as of writing this memo. Furthermore, 44 letters of support from surrounding neighbors are attached praising the service offered by the applicant to the community.
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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting May 5, 2021 Motion to Approve In Favor: 6 Opposed: 0 During Study Session, several Commissioners praised the applicant for the service offered to the community, stating the one-on-one lessons offered are more beneficial to the child's development versus swim classes offered as a group. During the regular meeting, the Chairman stated his support for the Use Permit and added that the City Code should be amended to allow passive home businesses such as swim lessons, musical instrument lessons and the like by right. He stated that Use Permits should only be required for businesses that could create more of an impact such as retail or a running a machine shop from a home. |
Recommended Conditions of Approval |
Planning staff recommends Planning and Zoning Commission move to recommend approval of Use Permit, subject to the following conditions:
- Expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Use Permit and require new Use Permit application and approval.
- Use Permit approval does not constitute Final Development Plan approval; compliance with the details required by all applicable codes and conditions of the City of Chandler and this Use Permit shall apply.
- The site shall be maintained in a clean and orderly manner.
- All customers must park on-site within the subject site’s driveway.
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