Z2021010 BOS REPORT.PDF

Maricopa County — Formal (2021-04-07)

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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: April 7, 2021
Case #/Title: Z2021010 - Lucero Property
Supervisor District: 1
Applicant/Owner: Commission-initiated on behalf of Benjamin & Roseanne Lucero
Request: Zone Change from R-4 to Rural-43 RUPD
Site Location: APN 304-88-524D / Generally located south of the southwest
corner of Riggs Rd & Valencia Ave, in the Queen Creek area
Site Size: Approximately 0.99 acres
County Island Status: Yes / Queen Creek - Rural
Additional
Comments: This is a request for a voluntary re-zone by the Planning and
Zoning Commission initiative under Z2005006 to allow for
parcels located in the Chandler Heights Citrus Tracts to opt in
to the Rural-43 zoning district. Chandler Heights is
characterized by a low density mix of housing scattered
amongst tracts of irrigated farmland, including some
orchards, and range. The reason for the Z2005006 rezoning
was to replace the urban density residential rezoning that
covers a large swath of the community and replace it with a
rural zoning category more appropriate for the community.
The proposed rezoning is in concert with land use development
patterns of the area. The proposed rezoning is in concert with
applicable land use plans. Condition ‘c’ of Z2005006 approved
by the BOS on 5/3/06 indicated that future parcels may
voluntarily seek to rezone the Chandler Heights Rural-43 RUPD
zoning per Z2005006. No opposition has been received
regarding the owner’s request to rezone. The staff
recommendation is for approval consistent with the
stipulations related to the Z2005006 Chandler Heights Rural-43
RUPD.
Commission
April 7, 2021
Z2021010
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Recommendation: On 3/11/21, the Commission voted 6-0 to initiate and
recommend approval of Z2021010 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.
Presented by: Warren Rivera, Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachment: 3/11/21 P&Z Packet (2 pages)
Note: 3/11/21 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
April 7, 2021
Z2021010
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2021010 - Lucero Property
Hearing Date: March 11, 2021
Supervisor District: 1
Applicant: Maricopa County Planning & Zoning Commission
Owners: Benjamin Lucero & Roseanne Lucero
Request: Request for Commission initiation, and rezone from R-4 to Rural-43
RUPD
Site Location: Generally located south of the southwest corner of Riggs Rd &
Valencia Ave, in the Queen Creek area
Site Size: Approx. 0.99 Acres
Density: N/A
County Island: Yes
County Plan: Queen Creek Area Plan – Suburban Residential (0-2 du/ac)
Municipal Plan: Queen Creek - Rural
Municipal Comments: None
Support/Opposition: None
Recommendation: Initiate and Approve with conditions
Z2021010
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Project Summary:
1. The subject property is approximately 1.15 acres with one single-family residence built in
1995 on the parcel. There are no active violations on the site and no outstanding building
permits or fees owed on record. The property owner seeks Rural-43 RUPD zoning as
previously approved for large parts of the Chandler Heights area.
2. On May 3, 2006, the Board of Supervisors (BOS) approved case Z2005006 that voluntarily
rezoned properties from R-5, R-4 & R1-35 to Rural-43 RUPD for a max. of 1,280 acres north
of Hunt Hwy. between 172nd St. and Sossaman Rd. in the Chandler Heights area. This
rezone was initiated by the Commission on behalf of a citizen group known as the
Chandler Heights Community Organization (now dissolved) and participating property
owners. At the time 671 out of 982 potential parcels were voluntarily rezoned representing
68% of the community. The community and applicant desired uses per the Rural-43
zoning district but to maintain more liberal development standards akin to the current
and predominant R-4 zoning.
The BOS approved Z2005006 subject to conditions ‘a’ – ‘k’, as follows:
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.
Z2021010
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g. The intensity of use regulations of the Rural-43 RUPD zoning district are the same as
the R1-35 zoning district except that:
• The average lot area per dwelling unit shall be 43,560 sq. ft.
• 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:.
Development Standard Existing R-4 Proposed Rural-43 RUPD
Development Development Standards (Z2005006)
Standards
Avg. Lot Area/D.U. 2,000 sq. ft. 43,560 sq. ft.
Min Lot Area 6,000 sq. ft. 35,000 sq. ft.
Min. Lot Width 60’ 120’
Max. Lot Coverage 60% 20%
Min. Distance Between Buildings 10’ 15’
Min. Front Setback 20’ 20’
Min. Rear Setback 25’ 25’
Min. Side Setback 5’ 5’
Min. Street-Side Setback 10’ 10’
Max. Building Height 40’ (3 stories) 30’ (2 stories)
Off-Street Parking 2 / d.u. 2 / d.u.
Signs Same as Rural-43 Same as Rural-43
Uses Same as R1-35 Same as Rural-43
Accessory Dwelling Units Same as R1-35 One (1) secondary dwelling unit
allowed with MCESD approval of
liquid waste disposal system
Existing On-Site and Adjacent Zoning / Land Use:
3. On-site: R-4 / Single family residence
North: Rural-43/Single family residence
South: R-4 /Single family residence
East: Rural-43 /Single family residence
West: Valencia Ave then R-4 / Single Family Residence
Utilities and Services:
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4. Water: Chandler Heights Irrigation District
Wastewater: Septic
School District: Chandler Unified School District
Fire: Queen Creek County Island Fire District
Police: MCSO
Adopted Plans:
5. Maricopa County “Vision 2030” Comprehensive Plan: The Comprehensive Plan
designates the Chandler Heights area as being within the County’s Queen Creek Area
Plan, and portions within the Town of Gilbert General Plan and Town of Queen Creek
General Plan. The area west of Recker Rd. is with the Town of Gilbert’s municipal planning
area, and to the east is within the Town of Queen Creek’s municipal planning area.
6. Queen Creek Area Plan: The Queen Creek Area Plan was adopted April 6, 1992. The last
revision was in 2018. It identifies the Chandler Heights area for Suburban Residential
development of (0-1 d.u./ac.) with a Neighborhood Commercial node at the
intersection of Power Rd. & E Riggs Rd. The proposed Rural-43 RUPD zoning is more
consistent with the plan than is the current R-4.
7. Town of Queen Creek General Plan: The Town Council adopted the Queen Creek General
Plan on May 15, 2002. It identifies the Chandler Heights area for Suburban Residential
development of 0-2 d.u./ac. It designates this entire area for Very Low Density Residential
uses of 0-1 d.u./ac. The proposed Rural-43 RUPD zoning is in concert with the Queen
Creek General Plan.
Public Participation Summary:
8. A notice of public hearing was posted at the site on by staff of the Maricopa County
Planning and Development Department. There has been no opposition or support
received for the proposed rezone.
Outstanding Concerns from Reviewing Agencies:
9. Reviewing agencies have raised no objections to the proposed project.
Z2021010
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Site and Surrounding Zoning
2020 Aerial Photo
Z2021010
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Staff Analysis:
10. This case, Z2021010, is a commission-initiated voluntary rezone from R-4 to Rural-43 RUPD
related to case Z2005006. Chandler Heights is characterized by a low density mix of
housing scattered amongst tracts of irrigated farmland, including some orchards, and
range. Chandler Heights is an agrarian community with a long history of farming and
ranching. Large tracts remain undeveloped and void of buildings. The reason for the
Z2005006 rezoning was to replace the urban density residential rezoning that covers a
large swath of the community and replace it with a rural zoning category more
appropriate for the community. The Rural-43 RUPD zoning permits the keeping of animals
but recognizes the more flexible development standards as a legacy of the historic urban
zoning in this semi-rural community.
11. The proposed rezoning is in concert with land use development patterns of the area. The
proposed rezoning is in concert with applicable land use plans. Condition ‘c’ of Z2005006
approved by the BOS on 5/3/06 indicated that future parcels may voluntarily seek to rezone
the Chandler Heights Rural-43 RUPD zoning per Z2005006. It is appropriate to ameliorate the
checkerboard pattern of R-4 zoning in this area.
12. Zoning case Z2005006 resulted in a checkerboard patterns between the Rural-43 RUPD
and R-4 zoning, being recognized problematic, but preferred to the region’s
predominant R-4 multi-family residential zoning. Per condition ‘c’ of Z2005006: “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.”
13. The staff recommendation is for approval consistent with the stipulations related to the
Z2005006 Chandler Heights Rural-43 RUPD which included condition ‘c’ noted below,
staff must point out a concern with the subject request. The applicant has come in
requesting the rezoning of a single parcel surrounded by parcels zoned R-4. Importantly,
all lots along this segment of Cherry Hills Pl have been developed or are being developed
for single-family residences on large lots. The character of development for the
immediate neighborhood is single-family residential as opposed to the multi-family
residential of current R-4 zoning or the residential agrarian nature of the requested Rural-
43 RUPD zoning. There is no known opposition.
Recommendation:
14. Staff recommends the Commission motion to initiate and approve case Z2021010 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’
Z2021010
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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.
Presented by: Warren Rivera, Planner
Reviewed by: Matthew Holm, Planning Supervisor
Attachments: Case Map (1 page)
Posting Certification (1 page)
Z2021010
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