Extracted text (via pymupdf)
18497 characters
August 17, 2022
Z2022122
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
August 17, 2022
Case #/Title:
Z2022122 – Gross Voluntary Rezone
Supervisor District:
1
Applicant/Owner:
Holly Gross
Request:
Rezone from R1-35 RUPD to Rural-43 RUPD
Site Location:
APN 304-89-048V @ 18820 E Lawndale Pl. - Generally located
1,140 feet south of the SEC of Riggs Rd. and Mandarin Dr. in
the Queen Creek / Chandler Heights area.
Site Size:
48,136 sq. ft. (1.10 acres)
County Island Status:
Yes (Town of Queen Creek, Town of Gilbert, Gila River Native
American Community)
Additional
Comments:
There are no outstanding concerns from reviewing agencies.
There is no known opposition to the request. The proposed
Rural-43 RUPD is an “opt in” consistent with the greater rural
rezoning effort previously approved by the BOS under case
Z2005006 on May 3, 2006.
Commission
Recommendation:
On 7/21/22, the Commission voted 6-0 to initiate the request
and to recommend approval of Z2022122 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’
August 17, 2022
Z2022122
Page 2 of 2
11.
Accessory Dwelling Units: One (1) secondary dwelling unit allowed with
MCESD approval of liquid waste disposal system.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
7/21/22 P&Z Packet (10 pages)
Note:
7/21/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2022122
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022122 – Gross Voluntary Rezone
Hearing Date:
July 21, 2022
Supervisor District:
1
Applicant/Owner:
Holly Gross
Request:
Request for Commission initiation, and rezone from R1-35 RUPD to
Rural-43 RUPD
Site Location:
APN 304-89-048V @ 18820 E Lawndale Pl. - Generally located 1,140
feet south of the SEC of Riggs Rd. and Mandarin Dr. in the Queen
Creek / Chandler Heights area.
Site Size:
48,136 sq. ft. (1.10 acres)
Density:
N/A
County Island:
Yes (Town of Queen Creek, Town of Gilbert, Gila River Native
American Community)
County Plan:
Queen Creek Area Plan – Suburban Residential (0-2 du/ac)
Municipal Plan:
Town of Gilbert – San Tan Character Area (0-1 du/ac)
Municipal Comments:
None
Support/Opposition:
None received to date
Recommendation:
Initiate and Approve with condition
Z2022122
Page 2 of 8
Project Summary:
1.
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 approximately 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 grass roots 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 desired uses per the Rural-43 zoning
district, such as the keeping of farm animals, 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.
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’.
Z2022122
Page 3 of 8
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 (Z2005006)
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:
2.
On-site:
R1-35 RUPD / single-family (Gross) residence
North:
R1-35 RUPD/ single-family residences, then Indiana Ave. &
South:
R1-35 RUPD / single-family residences
East:
R1-35 RUPD / single-family residence
West:
R1-35 RUPD / single family residence then Mandarin Dr then RU-43
RUPD (same as requested zone)
Z2022122
Page 4 of 8
Utilities and Services:
3.
Water:
Chandler Heights Irrigation District
Wastewater:
Septic
School District:
Chandler Unified School District
Fire:
Gilbert County Island Fire District
Police:
MCESD
Site and Surrounding Zoning
Z2022122
Page 5 of 8
2022 Aerial Photo of Site and Surrounding Parcels
Adopted Plans:
4.
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 both 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.
5.
Queen Creek Area Plan: The Queen Creek Area Plan was adopted April 6, 1992. The last
revision was on June 1, 1996. It identifies the Chandler Heights area for Suburban
Residential development of (0-2 d.u./ac.) with a Neighborhood Commercial node at the
intersection of Power Rd. & San Tan Blvd. The excerpted County Area Plan future land
use map is illustrated on the next page. Note Chandler Heights and the surrounding
region.
Z2022122
Page 6 of 8
6.
Town of Gilbert General Plan: The Gilbert General Plan was approved by voters on
November 6, 2001. It was amended by the Town Council on January 20, 2004. The Gilbert
General Plan covers that portion of Chandler Heights bounded by 172nd St. on the west,
Riggs Rd. on the north, Recker Rd. on the east, and Hunt Hwy. on the south. It designates
this area for low density Residential uses of 0-1 d.u./ac. The proposed Rural-43 RUPD
zoning would be more in line with this land use designation than is the current R-4 zoning.
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.
Staff posted the site July 11, 2022. Staff received two telephone calls from adjacent
property owners expressing interest in doing the same for their property. No objections to
this request were expressed during these calls.
Outstanding Concerns from Reviewing Agencies:
9.
N/A
Staff Analysis:
10.
This case, Z2022122, is a voluntary rezone from R1-35 RUPD to Rural-43 RUPD as permitted
by rezoning 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
Z2022122
Page 7 of 8
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 farm
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 Chandler
Heights region. 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, which can be problematic. 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.
Although the staff recommendation is for Approval consistent with the stipulations related
to the Z2005006, 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 R1-
35 RUPD. Importantly, all lots along this segment of Lawndale Pl. have been developed
or are being developed for single-family residences on acre sized lots. The character of
development for the immediate neighborhood of Lawndale Pl. is single-family residential
as opposed to the residential agrarian nature of the requested Rural-43 RUPD zoning,
similar to the properties west of Mandarin Dr. zoned RU-43 RUPD. Opponents of similar
voluntary rezones in the past have indicated potential adverse impacts to the immediate
surrounding residences due to the allowed rural uses provided by the Rural-43 RUPD
zoning.
14.
The following aerial photograph show the developing streetscape. There are about 4
lots fronting this segment of Lawndale Pl. and all are developed with single-family homes
or have single-family homes under construction. Despite being unregulated land
divisions, the development has the appearance of a residential subdivision with similar lot
layouts and architectural styles for all of the homes.
Z2022122
Page 8 of 8
Aerial Photographs looking east along the 18000 block of E. Lawndale Pl.
Photograph date 9/30/21
Recommendation:
15.
Staff recommends the Commission motion to initiate and approve case Z2022122 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:
Daniel Johnson, Planner
Reviewed by:
Darren V. Gerard, AICP, Planning Division Manager
Attachment:
Case Map (1 page)
Application (1 page)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
1
G
ross Acres: 1.1 approx.
G
enerated July 12, 2022 12:47 PM
Z2022122
Application Nam
e:
Legal Description
G
ross Property Voluntary Rezone CHCT
Applicant
Case Address
T02S R07E 031,
Holly G
ross
18820 E LAW
NDALE Pl
Applicant Phone/Em
ail
Parcel Prim
ary:304-89-048V
602.717.4991
h2photo@
gm
ail.com
Q
UEEN CREEK AZ 85142
M
ap scale 1:802
Supervisor District No.
ZO
NE CHANG
E TO
RURAL-43 RUPD PER Z2005006
5.3585 in
Planning & Development Department
ALL FEES ARE DUEATllMEOFAPPUCAllON AND ARE NON-REFUNDABUE
ZONE CHANGEAPPLICA llON
RFOUEST
Project Na me
Description of Request:
Rezone from R 1-35 to RU-43
Existing Use of Property:
Residential
Existing Zoning District:
R1-35
Requested Zone Change :
RU-43
Related Case Numbers: (List V# if site is subject to code violation)
PR1PFRTY INFORMA llON
Address (if known):
18820 E Lawndale Place, Queen Creek, AZ85142
General Location (include nearest city/town):
Queen Creek/Chandler Heights - NO CITYfTOWN
Sze in Acres:
1.1050505
S::J u a re Fe et:
48136
Legal Description
S3ction:
31
Township:
28
Range:
7E
Assessor's Pa reel Number(s):
304-89-048 V
&lbdivision Name (if applicable):
CHANDLER HEIGHTS CITRUS TRACT UNIT 3127
O\/\tNffi'SAUll-lORIZED AGEJ\IT INFORMA llON
Name:
Contact:
Address:
City:
Sate:
Zip:
Phone#:
Fax#:
Email:
PRO PffilY O \/\tN ffi INFO RMA ll ON
Name:
Michael & Holly Gross
Contact:
Holly
Address:
18820 E Lawndale Place
City:
Queen Creek
Sate:
Arizona
Zip:
85142
Phone#:
(602) 717-4991
Fax#:
Email:
H2hoto@gmail.com
PRO PffilY O \/\tN ffi AND O \/\tN ffi' SAG EJ\IT A Ull-1O RIZA 110 N
I (property owner)
Holly & Mike Gross
authorize (owner's agent)
to file this application on all matters relating to this request with Maricopa County. By signing this form as the
property owner I hereby agree to abide by any and all conditions that may be assigned by the Maricopa County
Board of &lpervisors, Maricopa County Pia nning and Zoning Commission, or Maricopa County Planning and
Development Department staff as applicable, as part of any approval of this request, including co nd itio ns,
development agreements, and/or any other requirement that may encumber or otherwise affect the use of my
property.
PROPOSlllON 207 WAIVffi
The property owner acknowledges that the approval being sought by this application may cause a reduction in
the existing rights to use, divide, sell or possess the private property that is the subject of this application. The
property owner further acknowledges that it is the property owner who has requested the action sought by the
filing of this application. Therefore, with full knowledge of all rights granted to the property owner pursuant to
A.R.S§12-1132 through 1138, the property owner does here by waive any and a II claims for d iminutio n in value of
the property with regard to any action taken by Maricopa County as result of the filing of this application.
Property OwnerSgnature:
J-/:1n1./ 6c.r
Date:
3/17/2022
VffilFICA llON OF APPIJCA llON INFORM'A llON
I certify that the statements in this application and support material are true. Any approvalsor permitsgranted by Maricopa
County in reliance upon the truthfulnessof these statementsmay be revoked or rescinded.
Owner or Authorized Agent Sgnature: -J6
J ,J .us("
Date:
3/17/2022
CASI:: INACllV llY
Cases which a re not active within six (6) months will be considered inactive and closed by staff. A letter
addressing the inactivity will be sent to the owner's authorized agent or property owner with notification of the
case to be closed within thirty (30) days. To pursue entitlement after the closing of the case, a new application
and associated fees will need to be filed.
Zone Change Application
11/19/2021
RUPD
RUPD
Gross Property Voluntary Rezone
Z2005006