Attachment C - VPC Summary - Z-15-23-3.pdf
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ATTACHMENT C City of Phoenix • Planning & Development Department 200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 Village Planning Committee Meeting Summary Z-15-23-3 Date of VPC Meeting May 17, 2023 Request From Request To Proposed Use S-1 R1-8 Single-family residential Location Approximately 400 feet north of the northeast corner of 12th Street and Roberts Road VPC Recommendation Approval, per the staff recommendation with direction VPC Vote 10-2-1 VPC DISCUSSION: Mr. Brian Fracasse and Mr. Sean Coughren introduced themselves as part owners of the proposed development and representing the applicant team. They provided an overview of their proposal and the rezoning request. The subject site is currently developed with one single-family home and the proposal is to split the lot and to develop two single-family homes on the site. In response to concerns related to area flooding, they stated that the site currently has no retention, and the proposed development will be required to retain the volume of a 100 year storm for two hours so the development will provide a net positive with regard to flooding. The applicant team will not seek variances from any civil requirements such as grading and drainage. In response to the community concern, they shared that they’ve modified the plan to have a 10 foot setback along the south property line. One speaker card was received from an individual in opposition to the request and wishing to speak. STAFF PRESENTATION Mr. Klimek, staff, provided an overview of the site, its policy context, the proposal, and the staff recommendation. APPLICANT PRESENTATION North Mountain Village Planning Committee Meeting Summary April 19, 2023 Page 2 of 5 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 QUESTIONS FROM COMMITTEE Committee Member Perez stated that there is significant traffic volume on and a problem with people parking their vehicles on street. She stated that she lives in the area and did not receive notice of the request. She asked if a traffic study was completed as part of this proposal. Mr. Fracasse responded that no traffic study was required due to the small size of the project which will add only a few vehicles. PUBLIC COMMENTS Ms. Monta Redd introduced herself and addressed the committee. She shared that the subject site is at a higher elevation than her site which has been flooded due to the impacts of nearby developments. She asserted that the applicant will substantially lower the site in order to access sewer which will increase runoff onto her property; she added that both she and a nearby property owner are on septic because they cannot be serviced by the sewer. The expressed concerns that the proposal will cause harm and is inappropriate to the area which has large lots and a miniature horse farm nearby. She added that she did not receive notice of the request. Committee Member Veidmark asked Ms. Redd if the site is still flooding. Ms. Redd responded that her site has not flooded since she won a lawsuit and a nearby property owner was required to mitigate their impact. She stated that the golf course serves to retain some stormwater but can overflow toward 12th Street with significant events. Committee Member Veidmark asked Ms. Redd to confirm that she cannot connect to sewer due to the depth of the sewer. Ms. Redd confirmed. Chair Jaramillo asked staff if there are any known issues that would require septic in this area. Mr. Klimek responded that he is not aware of any issues. Committee Member Perez expressed concern that she did not receive a notification despite living nearby and with the vehicles speeding and parking on the streets. Committee Member O’Hara asked staff to explain the notification requirements and to confirm how notification requirements are verified. Mr. Klimek responded that all applicants are required to contact all property owners within 600’ of the site, all registered neighborhood groups within 1 mile. The applicant is then required to provide an affidavit that they met the requirements in addition to a copy of the letter, a map of the areas, and a mailing list. Committee Member O’Hara stated that the requirements are quite strict and that lying on an affidavit may be perjury. APPLICANT RESPONSE Mr. Fracasse and Mr. Coughren stated that the subject site is the largest on the street but still does not comply with the minimum standards of S-1. The subject site will not remove any dirt from the subject site which is contrary to the assertions of the North Mountain Village Planning Committee Meeting Summary April 19, 2023 Page 3 of 5 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 complainant. The lot is flat so water will be easily captured. There will be ample off- street parking on the sites including two-car garages and driveway space for another four vehicles. In response to the complaint, the site plan has been adjusted to place a 10 foot wide setback along the south line of the subject site. They reasserted that they will comply with grading and drainage standards. Chairman Jaramillo asked if the site will drain to the south and if they’ve confirmed that their site can connect to sewer. Committee Member Larson asked where the retention basins are located and where the water will flow then the basin overflows. Mr. Fracasse and Mr. Coughren responded that there will be a retention berm along the south property line that will redirect water from running off, that the retention basins are located in the back of both lots, and that the lots are required to be graded toward the basin so the house would be more likely to flood next. Committee Member Freeman asked the applicant to confirm that the retention requirement is that the site must retain a two hour duration of a 100 year storm. Mr. Fracasse and Mr. Coughren agreed. Committee Members Perez, Veidmark, and McBride expressed concern regarding the community outreach. Committee Member Veidmark asked staff if he can confirm whether all property owners have been properly notified. Mr. Klimek responded that these are process requirements in place but that he couldn’t verify during the meeting. Mr. Fracasse echoed the allegations about public outreach and stated that they used a trusted consultant for the mailings and would verify after the meeting. Committee Member Perez asked what would happen if the rezoning were not granted. Mr. Fracasse responded that they would likely need to build one very large house that wouldn’t fit in with the neighborhood. FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE. Committee Member Veidmark stated that the committee could “continue” the case to a future agenda to allow for additional outreach. Committee Member Matthews asked staff if the project could move forward to Planning Commission with a recommendation from the VPC to “continue” the case. Mr. Klimek responded that the applicant could elect to move forward to Planning Commission even with a recommendation to “continue” from the VPC. The Planning Commission could then hear the case or ask the applicant to return to VPC. Chair Jaramillo stated that there is still time for another mailing and neighborhood meeting before the June Planning Commission meeting. He asked the applicant what additional outreach can be completed. Mr. Fracasse responded that they could complete another mailing, host another neighborhood meeting, and knock on doors in the neighborhood.Chair Jaramillo asked if the conditions offered by Mr. Fracasse can North Mountain Village Planning Committee Meeting Summary April 19, 2023 Page 4 of 5 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 be stipulated. Mr. Klimek suggested the committee provide “direction” with their recommendation to complete additional outreach prior to Planning Commission. Vice Chair Fogelson stated that there are multiple requirements and reviews regarding flood mitigation and retention and that she is confident in those processes. She added that the applicant has signed an affidavit as evidence that they’ve met the notification requirements. Committee Member Matthews stated that many people will be unavailable between now and the Planning Commission date due to the Memorial Day holiday. MOTION: Committee Member Matthews made a motion to postpone Z-15-23-4 to a future meeting of the North Mountain Village Planning Committee to allow for additional public outreach. Committee Member Wiedoff seconded the motion. DISCUSSION: Chair Jaramillo noted that there is not a Planning Commission meeting in July so a postponement would delay the project by at least two months, not one. He stated he would prefer to ask for outreach while still targeting the June 1 Planning Commission Meeting. Committee Member Freeman echoed these points. VOTE: 5-8-0, motion to postpone Z-15-23-3 to a future meeting to allow for additional outreach fails with Committee Members Larson, Matthews, Perez, Veidmark, and Wiedoff in favor; Committee Members Alauria, Freeman, McBride, O’Connor, O’Hara, Whitney, Vice Chair Fogelson, and Chair Jaramillo in opposition; and none abstaining. MOTION: Vice Chair Fogelson made a motion to recommend approval of Z-15-22-3 per the staff recommendation. Committee Member McBride seconded the motion. Committee Member Matthews asked for a friendly amendment to provide direction to the applicant to complete additional outreach prior to the Planning Commission Meeting. Vice Chair Fogelson and Committee Member McBride accepted the friendly amendment. The motion is to recommend approval of Z-15-23-3 per the staff recommendation with direction that the applicant complete additional outreach prior to the Planning Commission Meeting. DISCUSSION: Committee Member Perez stated that public engagement is important and should be taken seriously. She added that one concern is too many when it comes to something that might impact other properties. North Mountain Village Planning Committee Meeting Summary April 19, 2023 Page 5 of 5 City of Phoenix • Planning & Development Department 200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 VOTE: 10-2-1, motion to approve Z-15-23-3 per the staff recommendation with direction that the applicant complete additional outreach prior to Planning Commission passes with Committee Members Alauria, Freeman, Larson, Matthews, McBride, O’Connor, O’Hara, Whitney, Vice Chair Fogelson, and Chair Jaramillo in favor; Committee Members Perez and Wiedoff in opposition, and Committee Member Veidmark abstaining. STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS: None.