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Planning and Zoning Commission
Study Session

October 16, 2024 | 5:00 p.m.
Chandler City Council Chambers

88 E. Chicago Street, Chandler AZ

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Commission Members
Chair Rick Heumann
Vice Chair Sherri Koshiol
Commissioner Mike Quinn
Commissioner Kyle Barichello
Commissioner Rene Lopez
Commissioner Charlotte Golla
Commissioner Ryan Schwarzer

Pursuant to Resolution No. 4464 of the City of Chandler and to A.R.S. § 38-431.02, notice is hereby given to the members of the Planning and Zoning Commission and to the general public that the Planning and Zoning Commission will hold a STUDY SESSION open to the public on Wednesday, October 16, 2024, at 5:00 p.m., at City Council Chambers, 88 E. Chicago Street, Chandler, AZ. One or more members of the Commission may attend this meeting by telephone.

Persons with disabilities may request a reasonable modification or communication aids and services by contacting the City Clerk's office at 480-782-2181 (711 via AZRS). Please make requests in advance as it affords the City time to accommodate the request.

Agendas are available in the Office of the City Clerk, 175 S. Arizona Avenue.

Planning and Zoning Commission
Study Session Agenda - October 16, 2024

Call to Order/Roll Call

Unscheduled Public Appearances
Members of the audience may address any item not on the agenda. State Statute prohibits the Board or Commission from discussing an item that is not on the agenda, but the Board or Commission does listen to your concerns and has staff follow up on any questions you raise.

Consent Agenda
Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the Board or Commission, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.

September 18, 2024, Planning and Zoning Commission Meeting Minutes

Move Planning and Zoning Commission approve Planning and Zoning Commission meeting minutes of the Study Session of September 18, 2024 and Regular Meeting of September 18, 2024.

Zoning Code Amendments, PLH24-0025 City Code Amendments-State Housing Mandates, amending Chapter 35 Land Use and Zoning pertaining to state bills signed within the 2024 legislative session

Move Planning and Zoning Commission recommend approval of proposed text amendments to backyard chickens, accessory dwelling units, final plats, and establishing review timelines for residential zoning applications, as recommended by Planning staff.

PLH24-0036 Commercial Building Adaptive Reuse Policy, state mandate pertaining to House Bill 2297 adopted during the 2024 legislative session, establishing objective standards to allow multi-family residential development or adaptive reuse of existing commercial, office, or mixed-use buildings

Move Planning and Zoning Commission recommend approval of city policy establishing objective standards to allow multi-family residential development or adaptive reuse of existing commercial, office, or mixed-use buildings on parcels at least one (1) acre in size but not larger than twenty (20) acres without requiring a public hearing, if the developer provides ten (10) percent of the total dwelling units for either moderate-income or low-income housing for at least twenty (20) years, as recommended by Planning staff.

Use Permit and Entertainment Use Permit, PLH24-0031 Sneakerheadz Restaurant and Lounge, located at 3002 N Arizona Avenue, Suites 18 and 19, generally located at the northwest corner of Arizona Avenue and Elliot Road

Move Planning and Zoning Commission recommend approval of Use Permit and Entertainment Use Permit PLH24-0031 Sneakerheadz Restaurant and Lounge, subject to the conditions as recommended by Planning staff.

Notice of Cancellation of the November 6, 2024, Planning and Zoning Commission Hearing

Move Planning and Zoning Commission cancel the November 6, 2024, Planning and Zoning Commission Hearing.

Discussion

Member Comments/Announcements

Calendar

The next Study Session will be held before the Regular Meeting on Wednesday, November 20, 2024, in the Chandler City Council Chambers.

Adjourn

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ITEM 1

Planning & Zoning Commission Development Services Memo No. PZ 24-060

Date:

10/16/2024

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator

From:

Julie San Miguel, Senior Administrative Assistant

Subject:

September 18, 2024, Planning and Zoning Commission Meeting Minutes

Proposed Motion:

Move Planning and Zoning Commission approve Planning and Zoning Commission meeting minutes of the Study Session of September 18, 2024 and Regular Meeting of September 18, 2024.

Attachments

September 18, 2024 Study Session Minutes

September 18, 2024 Regular Meeting Minutes

ITEM 2

Planning & Zoning Commission Development Services Memo No. 24-058

Date:

10/16/2024

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator
David de la Torre, Planning Manager

From:

Lauren Schumann, Planning Senior Program Manager

Subject:

PLH24-0025 City Code Amendments-State Housing Mandates

Proposed Motion:

Background/Discussion

In May 2024, Governor Hobbs signed a series of house and state bills with hopes to "expand housing options and help mitigate the effects of rising costs to make life more affordable for everyday Arizonans"
The bills are mandated for municipalities with populations exceeding 75,000 and municipalities must adopt by January 1, 2025
On September 9th, the City Council reviewed the adopted bills in a work session and provided direction to staff to move forward with the proposed amendments listed below.

HB 2720 Accessory Dwelling Units (ADUs)

Current Code- Adopted March 2024

Proposed Code Amendment - State Mandate

# of ADUs
Permitted

1 on each single-family lot; may be detached or attached to the main house.

1 accessory structure is permitted for each lot. ADUs are classified as the property's one permitted accessory structure (additional accessory structures such as a detached garage or workshop are not allowed).

1 detached ADU and 1 ADU attached to the main house for a potential total of 2 ADUs on each single-family lot.

*A 3rd ADU can be added if the lot is larger than 1 acre and it is rented as a "restricted-affordable dwelling unit" (deed restriction required)

In order to comply with state mandates, ADUs will be removed from the accessory structure classification in the Zoning Code and re-classified as it's own category, thus allowing a detached garage or workshop on the same lot as an ADU providing that setbacks and other standards are met. In order to be classified as an ADU, it must contain all the following: sanitation facilities, kitchen facilities, and provide a separate, independent entrance from the primary residence.

Max. Size

Cannot occupy more than 30% of rear yard

Limited to 75% gross floor area of the main house or 1,000 square feet interior habitable area, whichever is less

Setbacks

Same as main dwelling unit & cannot be located anterior to the main house

Rear & side yards reduced to 5 feet. Can be located anterior to the main home if front yard setbacks (same that apply to the main home) are met.

Any uninhabitable space (i.e., a garage attached to an ADU) shall comply with the property's setbacks for the main dwelling.

Max. Height

15 feet to top of structure or the mid-point of pitched/sloped roof

Same as max. height permitted of main house (i.e. if zoning allows for 2-story house, then an ADU can also be 2-stories)

Design

Must architecturally match the main house in style, materials and colors.

Cannot be required to match house, therefore, the proposal is to allow an ADU to comply with 1 of 2 options; (1) comply with minimum objective design standards (i.e., stucco, tile roof with a 4 to 12 slope), or (2) match the main house.

Parking

1 space required (either uncovered or covered) on the property (can't count street parking) in addition to the 2 covered parking spaces required for the main home.

No additional space required (state law prohibits cities from requiring additional parking for ADUs)

Short-term Rental Restrictions

Prohibited

Cannot prohibit short-term rentals

HB 2325 Backyard Fowl

Current Code- Adopted January 2023

Proposed Code Amendment - State Mandate

# of Chickens
Permitted

5 hens, no roosters

6 hens, no roosters

Coop Size

120 square feet, limited to height of property's perimeter fence, setback five (5) feet from side and rear yards.

No Change

SB 1162 Zoning Shot Clock-Housing Assessment

Establishes timelines for residential rezoning cases
City currently has policies in place regarding review timelines; 20 business days to deem if all documents have been submitted for initial review
The mandate will codify review timelines for all residential rezonings
- Determine if application is complete within 30 days of submittal
- Next the City has a 180-day deadline to get to City Council for the ultimate vote
- The applicant can request one 30-day extension
Bill also requires cities to conduct a housing needs study and publish every five years; a study will be conducted by the General Plan consultant for publication Summer 2025

SB 1103 Administrative review; approvals; developments

Authorizing administrative personnel to review and approve plats without public hearing, in order to speed up the development process
Since Preliminary Plats, which establishes lot lines, easements, and tracts, typically are accompanied to rezoning cases, staff proposes to only remove Final Plats from the public hearing process, thus allowing them to be reviewed and approved administratively by the City Engineer.
The Planning & Zoning Commission and the City Council will continue to review and vote on Preliminary Plats
While the Planning and Zoning Commission's purview is limited to Chapter 35 Land Use and Zoning, staff is relaying the proposed code amendments to Chapter 48 Subdivisions relating to Final Plats, as a courtesy

Public Outreach

This request was noticed in accordance with the requirements of the Chandler Zoning Code.
Staff has received multiple phone calls from supportive residents inquiring when the new ADU's rules will be in place.
Staff has also received input from residents concerned about the governor's reduction in building setbacks for ADU's.

Attachments

Draft Zoning Code Amendment

HB 2720 Accessory Dwelling Units

HB 2325 Backyard Fowl

SB 1162 Shot Clock- Housing Assessment

SB 1103 Administrative review; approvals; developments

ITEM 3

Planning & Zoning Commission Development Services Memo No. 24-059

Date:

10/16/2024

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator
David de la Torre, Planning Manager

From:

Lauren Schumann, Planning Senior Program Manager

Subject:

PLH24-0036 Commercial Building Adaptive Reuse Policy

Proposed Motion:

Background/Discussion

In May 2024, Governor Hobbs signed and authorized House Bill 2297 Commercial Building; Adaptive Reuse
The bill is mandated for municipalities with populations exceeding 150,000 and municipalities must comply by January 1, 2025
Under HB 2297, municipalities may identify or exclude ten percent of existing commercial, office, or mixed-use developments that would allow redevelopment of residential without public hearing (i.e., the Rezoning/Preliminary Development Plan process)
The proposal is to exempt areas where the policy could not occur to protect employment corridors and the historic downtown district; land within the FAA airspace traffic patterns and vicinity of airports are exempt from adaptive reuse per the bill.
Eligible properties must have existing commercial, office, or mixed-use buildings on parcels at least one (1) acre in size but not larger than twenty (20) acres.
Per state law, eligible non-residential properties can develop as residential with no public hearing if a minimum of 10% of the total number of units are reserved for moderate-income or low-income housing for at least twenty years.
Development standards including parking and building setbacks must comply with multi-family requirements within the zoning code.
The maximum permitted density shall be equal to any multi-family development within one-mile of the building to be redeveloped.
The height may not exceed five-stories. When located within 100 feet of single-family, height is limited to two-stories.

Methodology

Utilizing the City of Chandler's Geographic Information System (GIS) database, staff identified all commercial, employment, office and mixed use buildings within the City of Chandler; 3,249 buildings were identified
Unincorporated parcels were not accounted within the total
Per HB 2297, land in the vicinity of Federal Aviation Administration (FAA) licensed general aviation or public ariports were excluded (i.e., FAA Traffic Pattern Airspace for the Chandler Municipal Airport and Stellar Airpark)
City staff identified the following areas to protect (collectively 128 buildings or 2.99% of existing buildings):
- Price Road Corridor from the Santan Freeway to Chandler Heights Road
- Southeast corner of Arizona Avenue and SanTan 202 Loop Freeway due to its location within the Chandler Airpark Area Plan, which prohibits new residential uses to protect future operations of the airport
- Historic Downtown colonnade buildings
The remaining buildings, a total of 2,721 or 63.7% of existing commercial, office, or mixed-used buildings, would be eligible under the policy
HB 2297 allows modification or re-classify of the policy every ten years

Public Outreach

This request was noticed in accordance with the requirements of the Chandler Zoning Code

Attachments

Commercial Building Adaptive Reuse Policy Map

Building Analysis

HB 2297 Commercial Building Adaptive Reuse

DRAFT Commercial Building Adaptive Reuse Policy

ITEM 4

Planning & Zoning Commission Memorandum Development Services Memo No. 24-057

Date:

10/16/2024

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator
David de la Torre, Planning Manager

From:

Taylor Manemann, Associate Planner

Subject:

PLH24-0031 Sneakerheadz Restaurant and Lounge

Request:

Use Permit approval for a Series 6 Bar Liquor License and for an Entertainment Use Permit to allow outdoor patio speakers/TVs for sporting events and live indoor entertainment including DJs, live musical performances, karaoke, and comedy.

Location:

3002 N Arizona Ave, Suites 18 and 19, at the northwest corner of Arizona Avenue and Elliot Road

Applicant:

Akeem Prince and Carlos Howard, Sneakerheadz Restaurant and Lounge

Proposed Motion:

Background Data:

Subject site is zoned Community Commercial District (C-2)
The C-2 zoning for the subject site was approved in 1985 under zoning case no. Z85-053
The in-line shops in which the subject site is located were constructed in 1986
Zoning code requires Use Permit approval for a bar license
Live indoor entertainment and outdoor patio speakers within 600' of residential properties requires an Entertainment Use Permit

Surrounding Land Use Data:

North

Industrial Development (I-1/PAD)

South

Abutting Daycare tenant (Kids R' Our Future)

East

Abutting Daycare tenant (Kids R' Our Future), then undeveloped parcel across Arizona Ave zoned for a multifamily development

West

San Marcos Pl then Industrial Development (I-1/PAD)

Proposed Business Operations (for Use Permit) or Proposed Development (for PDP)

Size of Business (Indoors)

6,700 square feet

Size of Patio

3,700 square feet

Number of Employees

10 employees

Typical Hours/Days of Operation

Monday-Friday: 10am – 2am
Saturday-Sunday: 11am – 2am

Types of Live Entertainment

Disc Jockeys (DJs), karaoke, live bands, performers, comedians, and dancing
Outdoor patio speakers and TVs for sporting events

Hours/Days of Entertainment

Indoors:
Monday-Friday: 7pm – 2am
Saturday-Sunday: 11am – 2am

Outdoor Patio Speakers:
Sunday-Thursday: 7pm – 9pm
Friday-Saturday: 11am – 11pm

Review and Recommendation:

Zoning Code Requirements
Per Zoning Code section 35-305(4), an Entertainment Use Permit is required when alcoholic beverages are sold or served and if there is entertainment provided indoors with the property being located 600 feet or less from a residentially zoned property. The distance is measured from the closest exterior wall or fence of any indoor or outdoor space occupied by the subject establishment to the closest property line of a residentially zoned property. The nearest residentially zoned property to this project is located approximately 415 feet to the east, across Arizona Avenue. The property is zoned Planned Area Development (PAD) for a multifamily development that has not yet been constructed. The nearest single-family zoned property is approximately 515 feet to the west, passed the industrial zoned properties.

A Use Permit is also required for a Series 6 liquor license for bars to operate within a commercially zoned district. With the Use Permit approval for Series 6 Bar License and an Entertainment Use Permit for live entertainment, Sneakerheadz will operate as a Restaurant and Lounge with live entertainment indoors and speakers/TVs on the outdoor patio. The indoor live entertainment will include disc jockeys (DJs), karaoke, live bands, performers, comedians, and dancing. The outdoor patio will have speakers and four TVs for sporting events.

Sneakerheadz Opening
The subject suite has been previously occupied by multiple other restaurants, most recently Rosa's Mexican Grill, and have operated under a Series 12 Restaurant liquor license. Due to the subject suite recently operating under a previous series 12 license, Sneakerheadz was able to begin operating and have a soft opening in early August using an interim series 12 license. Following this event, City staff began receiving complaints from the adjacent daycare (Kids R' Our Future), which occupies suites on either side of the Sneakerheadz suite. The daycare owner expressed concerns regarding the nightclub environment, safety, and trash being left in the parking lot. The daycare had no issue with the restaurant portion of the business but were concerned that Sneakerheadz was operating more as a nightclub.

Arizona Department of Liquor License and Control
After further review, the Arizona Department of Liquor License and Control (AZ DLLC) determined that the Series 12 license was not appropriate for Sneakerheadz as they were operating as a bar and not as a restaurant. Therefore, Sneakerheadz withdrew their Series 12 restaurant license application. Sneakerheadz is currently operating as a restaurant only, with a full food menu. There is currently no alcohol being sold in the restaurant.

Planning staff completed additional research regarding state requirements for separation between licensed bars and schools/daycares. Arizona Revised Statute (A.R.S.) § 4-207 restricts bar licenses from being located within three hundred (300) horizontal feet from a school. Planning Staff has confirmed with the AZ DLLC that since the daycare does not offer an accredited K-12 program, the separation requirement does not apply. The City of Chandler Zoning Code does not have minimum separation requirements between businesses with a bar license and other surrounding uses and therefore does not regulate the separation between such uses. Approval of a Use Permit for a Series 6 bar license does not override any state liquor licensing requirements. The applicant must comply with all state regulations that pertain to the liquor license.

Staff Recommendation
As noted in the section below, there is opposition to this request mostly from an adjacent daycare. The applicant has agreed to take additional measures, listed in the section below, to ensure greater compatibility with the surrounding businesses and neighbors. With these measures in place, staff finds that the proposed use can be a compatible use within the commercial development. The request is consistent with the General Plan and eligible for consideration within the property's C-2 zoning. As such, staff recommends a 1-year time condition to review the effectiveness of the conditions of approval and reassess its compatibility with adjacent businesses and neighbors.

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 September 17, 2024, Planning staff, four (4) adjacent neighbors, and six (6) people associated with the daycare were in attendance. The attendees' concerns included the following:
- Required separation from daycare/schools
- Types of live entertainment
- Security measures
- Parking lot and patio cleaning
- Smoking on the patio near the daycare
- Server attire and seeing the servers enter the restaurant
- Not wanting to see inside the suite from the parking lot
- Overall "nightclub" operations in the evening
In response to the neighbors' concerns, the applicant plans to implement the following measures to ensure greater compatibility with the daycare and surrounding businesses:
- Hire security for planned events at night
- Hire a maintenance crew to clean up the parking lot and patio areas
- Limit cigarette smoking on the patio to designated areas away from the daycare playground
- Have servers enter through the rear of the building
- Add curtains and window film to the front windows to limit visibility into the suite
- Adjust live entertainment hours to begin after the daycare closes on weekdays
Additionally, the applicant clarified that the types of live entertainment offered will be limited to disc jockeys (DJs), karaoke, live bands, performers, comedians, and dancing.
As of the writing of this memo, Planning staff has received two letters and a couple of phone calls from neighbors. One letter is from a resident south of Elliot with concerns and the second is a letter of opposition from the adjacent daycare. Staff is aware of opposition from an adjacent daycare and has been working with the daycare owner to continue to address their questions and concerns.

Recommended Conditions of Approval

Planning staff recommends Planning and Zoning Commission move to recommend approval of the Use Permit and Entertainment Use Permit, subject to the following conditions:

The Use Permit and Entertainment Use Permit shall remain in effect for one (1) year from the date of City Council approval. Continuation of the Use Permit and Entertainment Use Permit beyond the expiration date shall require re-application to and approval by the City of Chandler.
Substantial expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Use Permit and Entertainment Use Permit and require a new Use Permit and Entertainment Use Permit application and approval.
The Use Permit and Entertainment Use Permit are non-transferable to other locations.
All pedestrian walkways shall be A.D.A. accessible and shall not be interrupted by any obstacles preventing circulation (i.e. persons with disabilities shall have direct access to all indoor and outdoor pedestrian spaces).
The site shall be maintained in a clean and orderly manner.
No noise shall be emitted from outdoor speakers or live entertainment on the patio(s) in such a manner that exceeds the general level of noise emitted by uses outside the premises of the business and disturbs adjacent businesses and/or residential areas.
Music shall be controlled so as to not unreasonably disturb area residents and shall not exceed the ambient noise level as measured at the commercial property line.
The establishment shall provide a contact phone number of a responsible person (i.e., bar owner and/or manager) to interested neighbors to resolve noise complaints quickly and directly.
The Use Permit does not override any State liquor licensing requirements. The applicant must comply with all regulations that pertain to the liquor license.
Live entertainment indoors may occur Monday through Friday from 7pm to 2am and Saturday through Sunday 11am to 2am. Speakers may be used on the outdoor patio Sunday through Thursday from 7pm to 9pm and Friday through Saturday from 11am to 11pm.
Live entertainment shall be limited indoors to include disc jockeys (DJs), karaoke, live bands, performers, comedians, and dancing. The outdoor patio shall be limited to speakers and TVs for sporting events.
All exterior doors on the outdoor patio and the front of the suite shall remain closed and not be kept open except for when being passed through.

Attachments

Vicinity Maps

Exhibits

Letters of Concern

ITEM 5

Planning & Zoning Commission Development Services Memo No. PZ 24-061

Date:

10/16/2024

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator

From:

Julie San Miguel, Senior Administrative Assistant

Subject:

Notice of Cancellation of the November 6, 2024, Planning and Zoning Commission Hearing

Proposed Motion:

Move Planning and Zoning Commission cancel the November 6, 2024, Planning and Zoning Commission Hearing.

Background/Discussion

Planning staff is recommending the cancellation of the November 6, 2024, Planning and Zoning Commission Hearing due to the management of cases.