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ITEM 6 |
City Council Memorandum Development Services Memo No. 21-029
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Date: |
June 24, 2021 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, Acting City Manager Debra Stapleton, Assistant City Manager Derek D. Horn, Development Services Director |
From: |
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Subject: |
PLH20-0050/PLH20-0051/PLT21-0015 The Ashley Adoption of Resolution No. 5484 Introduction and Tentative Adoption of Ordinance No. 4975 |
Request: |
Area Plan Amendment to the Chandler Airpark Area Plan from Commercial/Office/Business Park to High Density Residential (HDR 12.1-18 DU/ACRE) Rezoning from Agricultural District (AG-1) to Planned Area Development for multi-family residential (PAD/MF-2) Preliminary Development Plan for site layout and building architecture Preliminary Plat for townhouse dwellings |
Location: |
Southeast corner of Arizona Ave. and Appleby Rd. |
Applicant: |
Sean Lake, Pew & Lake PLC |
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Proposed Motion: |
Area Plan Move City Council adopt Resolution No. 5484 Chandler Airpark Area Plan (CAAP) amendment, PLH20-0050 The Ashley, located at the southeast corner of Arizona Avenue and Appleby Road, as recommended by Planning and Zoning Commission. Rezoning Move City Council introduce and tentatively adopt Ordinance No.4975 approving PLH20-0051 The Ashley, Rezoning from Agricultural District (AG-1) to Planned Area Development for multi-family residential (PAD/MF-2) located at the southeast corner of Arizona Avenue and Appleby Road, subject to the conditions as recommended by Planning and Zoning Commission. Preliminary Development Plan Move City Council approve Preliminary Development Plan PLH20-0051 The Ashley for site layout and building architecture located at the southeast corner of Arizona Avenue and Appleby Road, subject to the conditions as recommended by Planning and Zoning Commission. Preliminary Plat Move City Council approve Preliminary Plat PLT21-0015 The Ashley, located at the southeast corner of Arizona Avenue and Appleby Road, subject to the condition recommended by Planning and Zoning Commission. |
Background Data: |
- Approximately 5 net acres
- Site currently contains a single-family residence
- The property is currently zoned Rural-43 in unincorporated Maricopa County. A public hearing for potential annexation was held on March 25, 2021.
- A request for annexation and initial City zoning of Agricultural District (AG-1) precedes this item on the Council Agenda.
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Surrounding Land Use Data: |
North |
Church and single-family residential (La Costera) across Appleby Road |
South |
Single-family residential (Paseo Lindo) |
East |
Union Pacific Railroad |
West |
School and public library (Hamilton High and Chandler Hamilton library) across Arizona Avenue |
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General Plan and Area Plan Designations: |
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Existing |
Proposed |
General Plan |
Employment |
No change |
Chandler Airpark Area Plan |
Commercial/Office/Business Park |
High Density Residential HDR (12.1 - 18 DU/ACRE) |
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Proposed Development |
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Gated multi-family residential (for-sale townhomes) |
# of Units |
78 units in 3-, 4-, and 8-unit buildings
- 1 bedroom – 20 units
- 2 bedroom – 29 units
- 3 bedroom – 29 units
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Density |
15.7 dwelling units per acre |
Building Setbacks (min.) |
Arizona Ave. – 50 ft. Appleby Rd. – 26 ft. South – 10 ft. East – 30 ft. |
Building Height |
Two story units, max. 30 ft. |
Building Architecture |
- Contemporary
- Materials: stucco, composite decking/fiber wood, metal
- Trellis beamed balconies
- Enclosed landscaped rear patios
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Parking |
- Unit parking
- 154 parking spaces required
- 156 parking spaces provided in 2 car garages
- Guest/open parking
- 20 spaces required
- 24 spaces provided
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Amenities |
- Airport-themed tot lot
- Clubhouse
- Pool
- Dog park
- BBQ and ramada
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Review and Recommendation |
Planning staff finds the proposal is consistent with the General Plan designation of Transitional Employment Corridor which allows residential to be considered when determining compatibility with existing and future surrounding uses. The site is located between two single-family residential subdivisions, Paseo Lindo to the south and La Costera to the north. The narrow, elongated rectangular site does not lend itself to function as either employment or commercial uses which may negatively impact existing residential. The site is approximately one quarter mile north of the Paseo Lindo commercial center, and approximately one-half mile north of larger commercial centers located on the south side of Ocotillo Road which currently provide sufficient commercial/retail uses in the proximate area. For these reasons, staff supports the area plan amendment from Commercial/Office/Business Park to High Density Residential (HDR 12.1-18 DU/ACRE) land use.
The proposed multi-family residential development is a compatible land use on an infill site that creates a transition between single family developments and provides another housing type to the surrounding area. For these reasons, staff finds the proposal to be consistent with the goals of the General Plan and the CAAP, as amended, and recommends approval subject to conditions.
Economic Analysis
An economic and fiscal impact analysis was conducted based on project details provided by the applicant and staff assumptions. The analysis determined the project will generate a positive net fiscal impact for the City. Net income to the City resulting from the project is estimated at approximately $438,566 over 10 years. This includes revenues from property taxes, building permit and plan review fees, transaction privilege tax on construction, real property rental tax, state shared revenues, and local spending by residents. For the analysis, it was assumed the developer will lease the townhomes; however, the developer has since expressed that the individual units will be for sale.
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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.
- Virtual neighborhood meetings were held on August 3, 2020, with three residents in attendance and on March 16, 2021, with 16 residents attending, including Councilmembers Ellis and Harris. Comments and questions related to the landscape buffer between Paseo Lindo homes, balconies and privacy to their backyards, as well as the amenity area. The applicant responded there is a green belt on the Paseo Lindo side providing a buffer as well as landscape on the south side of the pool amenity. Proposed balconies are adjacent to the master bedrooms.
- As of writing this memo, Planning staff is not aware of opposition to the request.
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Airport Commission Conflict Evaluation |
Airport Commission meeting held on April 14, 2021 Motion to find a conflict with existing or planned airport operations. In Favor: 5 Opposed: 1 (Bozelli)
The Airport Commission reviewed the request in accordance with the Airport Conflicts Evaluation Process. The Airport Manager has issued a conflicts evaluation report indicating that the Airport Commission determined that the proposed development does constitute a conflict with existing or planned airport uses. A copy of the Airport Planning Administrator's report detailing the Airport Commission’s findings is attached to this memo. The Airport Commission's recommended mitigation measures to address the operational conflict are included as stipulations of the rezoning.
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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting of June 2, 2021. Motion to Approve: In Favor: 6 Opposed: 0 The Planning and Zoning Commission added preliminary development plan stipulations 10 - 12 effectively increasing the size of trees at the time of planting along Arizona Avenue and the southeast corner of the site, and directing the applicant to work with staff to enhance the side elevations of the buildings facing Arizona Avenue. |
Recommended Conditions of Approval |
Area Plan Amendment
Planning staff finds the request is in compliance with the General Plan. Planning and Zoning Commission recommends City Council approve of the Area Plan Amendment to the Chandler Airpark Area Plan from Commercial/Office/Business Park to HDR (12.1-18 DU/ACRE).
Rezoning
Planning staff finds the request is in compliance with the General Plan. Planning and Zoning Commission recommends City Council approve the rezoning from Agricultural District (AG-1) to Planned Area Development for multi-family residential (PAD/MF-2), subject to the following conditions:
- Development shall be in substantial conformance with the Development Booklet, entitled “The Ashley” and kept on file in the City of Chandler Planning Division, in File No. PLH20-0051, modified by such conditions included at the time the Booklet was approved by the Chandler City Council and/or as thereafter amended, modified, or supplemented by the Chandler City Council.
- Completion of the 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.
- Right-of-way dedications to achieve full half-widths, including turn lanes and deceleration lanes, per the standards of the Chandler Transportation Plan.
- Multi-family residential shall be permitted with a maximum density of 16 dwelling units per acre.
- Minimum building setbacks shall be as provided below and further detailed in the development booklet:
Property Line Location
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Minimum Building Setback
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Arizona Ave.
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50 ft.
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Appleby Rd.
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26 ft.
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East Property Line
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30 ft.
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South Property Line
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10 ft.
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- Prior to the execution of any lease, all prospective renters shall be given written disclosure in their lease and in a separately signed disclosure statement fully acknowledging that this development lies within the Chandler Municipal Airport Impact Overlay District, as specified in the Chandler Zoning Code. The disclosure statement shall acknowledge the proximity of this development to the Chandler Municipal Airport that includes a heliport and an aircraft storage facility, and that an avigational easement exists and/or is required on the property, and further, shall acknowledge that the property is subject to aircraft noise, overflight activity, and other externalities. The requirement for such disclosure shall be confirmed in an avigation notice covenant that runs with the land and shall be recorded with Maricopa County Recorder prior to the issuance of the first building permit for this development.
- The subdivider/homebuilder/developer/multi-family manager shall display, in a conspicuous place within the sales or leasing office, a map illustrating the location of the subdivision within the Airport Impact Overlay District, as well as the noise contours and overflight patterns, as identified and depicted in the document entitled Chandler Municipal Airport, F. A. R. Part 150, Noise Compatibility Study, Noise Compatibility Program, Exhibit 6A (Potential Airport Influence Area), as adopted by the Chandler City Council (Resolution No. 2950, 11-5-98). Such map shall be a minimum size of 24” x 36”. Compliance with this condition shall be demonstrated by the subdivider/homebuilder/developer/multi-family manager by submittal to the Zoning Administrator of a signed affidavit and photograph that acknowledges this disclosure and map display prior to beginning any lease or sales activity. Failure to comply with this condition will result in revocation of the Administrative Use Permit for the temporary sales office in the event the multi-family development is platted to allow unit ownership. All requirements as set forth in this condition are the obligation of the subdivider/homebuilder/developer/multi-family manager and shall not be construed as a guarantee of disclosure by the City of Chandler.
- The above referenced information shall also be included within any Subdivision Public Report that is filed with the State of Arizona Department of Real Estate, as required by Arizona Revised Statute 28-8486 and Arizona Revised Statute 28-8464.
- The subdivider/homebuilder/developer shall provide the City with an avigational easement over the subject property in accordance with Section 3004 of the City of Chandler Zoning Code.
- All townhouses and buildings shall be designed and built to achieve an interior noise level not to exceed 45 decibels (Ldn) from aircraft noise. A professional acoustical consultant, architect or engineer shall certify that the project’s construction plans are in conformance with this condition.
- The Final Plat shall contain the following statement on the cover sheet in a prominent location and in large text: “This property is located within the Chandler Municipal Airport Impact Overlay District and is subject to aircraft noise and overflight activity and is encumbered by an avigational easement to the City of Chandler.”
- In the event the multi-family residential development is platted to allow unit ownership, prior to the time of making any purchase agreements, the subdivider/homebuilder/developer shall provide a written disclosure statement, for the signature of each buyer, acknowledging that this development lies within the Chandler Municipal Airport Impact Overlay District, as specified in the Chandler Zoning Code. The disclosure statement shall acknowledge the proximity of this development to the Chandler Municipal Airport and that an avigational easement exists and/or is required on the property, and further, shall acknowledge that the property is subject to aircraft noise and overflight activity and other externalities. This document signed by the homebuyer shall be recorded with Maricopa County Recorder’s Office upon sale of the property. The “Public Subdivision Report”, “Purchase Contracts”, CC&R’s, and the individual lot/unit property deeds shall include a disclosure statement outlining that the site is adjacent to or nearby an existing municipal airport, and the disclosure shall state that such uses are legal and should be expected to continue indefinitely. This responsibility for notice rests with the subdivider/homebuilder/developer and shall not be construed as an absolute guarantee by the City of Chandler for receiving such notice.
- In the event the multi-family residential development is platted to allow unit ownership, prior to the time of making any lot reservations or subsequent sales agreements, the subdivider/homebuilder/developer shall provide a written disclosure statement, for the signature of each buyer, acknowledging that the subdivision is located adjacent to or nearby existing railroad tracks and railroad right-of-way that may cause adverse noise, odors, and other externalities. The “Public Subdivision Report”, “Purchase Contracts”, CC&R’s, and the individual lot/unit property deeds shall include a disclosure statement outlining that the site is adjacent to or nearby an existing railroad track and railroad right-of-way, and the disclosure shall state that such uses are legal and should be expected to continue indefinitely. This responsibility for notice rests with the subdivider/homebuilder/developer and shall not be construed as an absolute guarantee by the City of Chandler for receiving such notice.
- All leases shall state that all questions, concerns, or complaints any tenant may have about the Chandler Municipal Airport or the operation of aircraft landing at, taking off from, or operating at or on Chandler Municipal Airport shall be directed solely to the manager of The Ashley development and not to the Chandler Municipal Airport, the City of Chandler, the FAA, any aircraft owner, or any pilot. All lease agreements shall also provide that it shall be within the sole and absolute discretion of the manager of The Ashley (and not the tenant) to determine (after the manager’s due consideration of all airport related acknowledgments and disclosures that are required by the Zoning Stipulations and consideration of all information known to The Ashley’s manager) whether or not, when, and how to communicate any tenant’s questions, concerns, or complaints to the Chandler Municipal Airport manager.
- Prior to building permit issuance for any structures the developer shall provide a DETERMINATION OF NO HAZARD TO AVIATION approval as issued by the FAA after filing an FAA Form 7460, Notice of Proposed Construction or Alteration.
Preliminary Development Plan Planning staff finds the request is in compliance with the General Plan and Planning and Zoning Commission recommends City Council approve the Preliminary Development Plan, subject to the following conditions:
- Development shall be in substantial conformance with the Development Booklet, entitled “The Ashley” and kept on file in the City of Chandler Planning Division, in File No. PLH20-0051, modified by such conditions included at the time the Booklet was approved by the Chandler City Council and/or as thereafter amended, modified, or supplemented by the Chandler City Council.
- The site shall be maintained in a clean and orderly manner.
- The landscaping in all open spaces shall be maintained by the property owner or property owners' association and shall be maintained at a level consistent with or better than at the time of planting.
- The landscaping in all rights-of-way shall be maintained by the adjacent property owner or property owners' association.
- Landscaping plans (including for open spaces, rights-of-way, and street medians) and perimeter walls shall be approved by the Planning Administrator.
- All mechanical equipment, including HVAC, utility meters, etc. shall be screened from view by material(s) that are architecturally integrated and consistent with the proposed buildings.
- Sign packages, including free-standing signs as well as wall-mounted signs, shall be designed in coordination with landscape plans, planting materials, storm water retention requirements, and utility pedestals, so as not to create problems with sign visibility or prompt the removal of required landscape materials.
- Preliminary Development Plan 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 Preliminary Development Plan shall apply.
- Roadway-style signs shall be installed at each driveway entrance identifying the presence of low flying aircraft.
- The applicant shall work with staff to install minimum 36-inch box and 12 feet high trees where necessary to provide a meaningful buffer along the south property line east of Colorado Street.
- Trees along Arizona Avenue shall be a minimum 36-inch box and 12 feet high.
- The applicant shall work with staff to enhance the side elevations facing Arizona Avenue.
Preliminary Plat
Planning staff finds the request is in compliance with the General Plan and Planning and Zoning Commission recommends City Council approve the Preliminary Plat, subject to the following condition:
- Approval by the City Engineer and Planning Administrator with regard to the details of all submittals required by code or condition.
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