Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

15. BEERS PROPERTY VOLUNTARY REZONE CHCT Case #: Z2022180 Supervisor District: 1 Owners: Gregory & Cynthia Beers Request: Request for Commission initiation, and rezone from R-4 to Rural-43 RUPD Site Location: APN 304-87-009A @ 17340 E Starflower Ct. - generally located at the NWC of Starflower Ct. and 174th St. in the Chandler Heights area. Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend approval of Z2022180 subject to conditions ‘a’ – ‘k’: a. Case Z2005006 shall rezone parcels from R1-35 and R-4 to Rural-43 RUPD as indicated on the zoning exhibit entitled “Proposed Zoning Boundary Map (Project Name: Chandler Heights RUPD, Case Number: Z2005006)” and dated (as of) April 24, 2006, except as modified by the following stipulations. b. Only parcels for which written property owner authorization has been received from the property owner of record shall be considered to be rezoned from R1-35 and R-4 to Rural-43 RUPD as per case Z2005006. c. In the event that property owners, within the perimeter boundary shown on the zoning exhibit referenced in stipulation ‘a’ (Hunt Hwy. on the south; 172nd St., San Tan Blvd., and Recker Rd. on the west, Riggs Rd. on the north, and Sossaman Rd. on the east) wish to rezone their individual parcels from R1-35 and R-4 to Rural-43 RUPD with the same RUPD standards to apply, the Commission shall initiate a rezone on their behalf. d. Development and use within the Rural-43 RUPD zoning district shall comply with the site plan and narrative report entitled “Site Plan (Project Name: Chandler Heights RUPD Case #Z2005006)” consisting of 16 pages including exhibits and sections under different title pages dated January 1, 2006, except that revised exhibits are dated (as of) April 24, 2006, except as modified by the following stipulations. e. The use regulations, height regulations, parking regulations and sign regulations of the Rural-43 RUPD zoning district are the same as the Rural-43 zoning district. f. The yard regulations of the Rural-43 RUPD zoning district are the same as the R-4 zoning district. g. The intensity of use regulations of the Rural-43 RUPD zoning district are the same as the R1-35 zoning district except that: 1. The average lot area per dwelling unit shall be 43,560 sq. ft. 2. The minimum lot width shall be 120’. h. Any parcel rezoned under case Z2005006 that is substandard or otherwise nonconforming in regard to the Rural-43 RUPD zoning district must document Legal Non-Conforming (LNC) status with the Planning & Development Department. It is the responsibility of the property owner to document LNC status. i . There shall be no relief granted to the development standards of the Rural-43 RUPD development standards except with Variance approval by the Board of Adjustment. j. Secondary dwelling units (guest homes, casitas, etc.) shall be allowed in the Rural-43 RUPD zoning district with demonstration of adequate liquid waste disposal at the discretion of the Environmental Services Department k. Any subdivision plat within the Rural-43 zoning district shall include the following RUPD Chart: 1. Average lot area per dwelling unit: 43,560 sq. ft. 2. Min. Lot Area: 35,000 sq. ft. 3. Min. Lot Width: 120’ 4. Max. Lot Coverage: 20% 5. Min. Distance Between Buildings: 15’ 6. Min. Front Setback: 20’ 7. Min. Rear Setback: 25’ 8. Min. Side Setback: 5’ 9. Min. Street-Side Setback: 10’ 10. Max. Building Height: 30’ (2 stories) 11. Off-Street Parking: 2 / d.u . 12. Signs: Same as Rural-43 13. Uses: Same as Rural-4 14. Accessory Dwelling Units: One (1) secondary dwelling unit allowed with MCESD approval of liquid waste disposal system. Staff Recommendation: Staff notes these conditions were carried forward verbatim from Z2005006. All of the “opt in” rezones consistent with Z2005006 have simply been approved subject to condition ‘a’. Staff would recommend for consistency that the Board motion for approval of Z2022180 subject to condition ‘a’: a. Subject to all conditions of case Z2005006, including the following Rural-43 RUPD development standards: 1. Average lot area per dwelling unit: 43,560 sq. ft. 2. Minimum lot area: 35,000 sq. ft. 3. Minimum lot width: 120’ 4. Maximum lot coverage: 20% 5. Minimum Distance between buildings: 15’ 6. Minimum Front setback: 20’ 7. Minimum Rear setback: 25 8. Minimum Side setback: 5’ 9. Minimum Street-side setback: 10’ 10. Maximum building height: 30’ 11. Accessory Dwelling Units: One (1) secondary dwelling unit allowed with MCESD approval of liquid waste disposal system. (C-44-23-169-X-00)

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