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September 2, 2020 Z2020051 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: September 2, 2020 Case #/Title: Z2020051 - Barr Property Supervisor District: 1 Applicant/Owner: Maricopa County Planning & Zoning Commission / Christopher Barr Request: Request for Commission initiation, and rezone from R-4 to Rural-43 RUPD Site Location: Generally located south of the southeast corner of Tangelo Ave. & Cherry Hills Place in the Queen Creek area Site Size: Approximately 48,513 sq. ft. 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. This case, Z2020051, is a voluntary rezone from R-4 to Rural-43 RUPD as permitted by rezoning case Z2005006. Commission Recommendation: On 8/6/20, the Commission voted 6-0 to recommend approval of Z2020051 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. September 2, 2020 Z2020051 Page 2 of 2 Presented by: Rachel Applegate, Senior Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachment: 8/6/20 P&Z Packet (7 pages) Note: 8/6/20 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2020051 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2020051 - Barr Property Hearing Date: August 6, 2020 Supervisor District: 1 Applicant/Owner: Maricopa County Planning & Zoning Commission/Christopher Barr Request: Request for Commission initiation, and rezone from R-4 to Rural-43 RUPD Site Location: Generally located south of the southeast corner of Tangelo Ave. & Cherry Hills Place in the Queen Creek area Site Size: 48,513 sq.-ft. 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 known Recommendation: Initiate and Approve with conditions Z2020051 Page 2 of 6 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 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 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 and applicant wished uses per the Rural-43 zoning district but to maintain more liberal development standards akin to the current and predominant R-4 zoning. The subject property has a violation for large animals in the R-4 zoning district. 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’. Z2020051 Page 3 of 6 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 Development Standards Proposed Rural-43 RUPD Development Standards (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: Single family residence/R-4 North: Rural-43/Single family residence South: Rural-43 /Single family residence East: Rural-43 /Single family residence West: Tangelo Ave. then Rural-43/Orchard Utilities and Services: 3. Water: Queen Creek Water Company Wastewater: Septic School District: Chandler Unified School District Fire: Gilbert County Island Fire District Police: MCESD Z2020051 Page 4 of 6 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 in the figure below. Note Chandler Heights and the surrounding region. 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. Z2020051 Page 5 of 6 Public Participation Summary: 8. Staff posted the site July 9, 2020. Neither opposition nor support was received. Outstanding Concerns from Reviewing Agencies: 9. N/A Aerial photo of the subject site Staff Analysis: 10. This case, Z2020051, is a voluntary rezone from R-4 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 Z2020051 Page 6 of 6 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. 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.” Recommendation: 13. Staff recommends the Commission motion to initiate and approve case Z2020051 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: Eric R. Smith, Planner Reviewed by: Darren V. Gerard, AICP, Planning Division Manager Attachments: Case Map (1 page) MARICOPA COUNTY Legal Description: T2S, R6E, Section 36 Applicant: Christopher Barr Date: 07/28/2020 MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA Z2020051 Aerial Date: 2020 Case Address: 25417 S TANGELO AVE QUEEN CREEK Parcel: 304-88-033H SUPERVISORAL DISTRICT NO 1 Chandler Heights RUPD (Ref: Z2005006) Rezone from R-4 to Rural-43 RUPD to include Rural-43 Use Regulations but maintain R- 4 Development Standards. Phone: