08. Z2023070 PZ Report
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Z2023070 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023070 - Chandler Heights Retail Hearing Date: September 14, 2023 Supervisor District: 1 Applicant: Adam Baugh & Alex Hayes; Withey Morris Baugh PLC Owner: 5C Family Property Inc. Request: Zone Change from Rural-43 to C-2 Site Location: Generally located west of the NWC of Power Rd. & Chandler Heights Rd. in the Chandler Heights area Site Size: Approximately 2 acres Density: N/A County Island: Yes – Town of Gilbert & Town of Queen Creek County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: Town of Queen Creek – Rural Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2023070 Page 2 of 6 Project Summary: 1. The applicant agent, Alex Hayes, is requesting to change the zoning from Rural-43 to C-2 for the future redevelopment of the property to a commercial retail complex. Currently a residential home built in 1981, the parcel is near to the intersection of Power and Chandler Heights Roads. This intersection currently has a large retail shopping center at the southwest corner along with a Circle K fuel station occupying the northeast corner. All corners with the exception of the northwest corner are within the Town of Queen Creek and zoned C-2 within the Town’s zoning ordinance. The neighboring property to the east that is situated at the intersection is a single- family residence though the property is zoned C-3. 2. The proposed rezoning initially included a full engineered plan of development (POD) for a 6-8 suite commercial retail center. During engineering review, it was determined that a 1-foot vehicular non-access easement had been established on the southern boundary of the parcel which corresponds to the southern edge of the Brooks Farm subdivision which was originally platted in 1971. The applicant is seeking approval of the zone change only at this time prior to submitting the parcel and project for a new plat to alleviate site access concerns. 2023 Aerial Z2023070 Page 3 of 6 Zoning Map Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: Rural-43 / Residential North: Rural-43 / Residential South: C-2 / Retail shopping center (Town of Queen Creek) East: C-3 / Residential West: Rural-43 / Agriculture Utilities and Services: 4. Water: Chandler Heights Citrus Irrigation District Wastewater: Town of Queen Creek Fire: Queen Creek Fire and Medical Police: Queen Creek Police Department Z2023070 Page 4 of 6 Right-of-Way: 5. The section of Chandler Heights Rd. adjacent to the subject parcel is within and maintained by the Town of Queen Creek, any future project design will be coordinated and approved by the Town of Queen Creek. Adopted Plans: 6. Vision 2030 Comprehensive Plan (adopted January 13, 2018): Property is designated for Rural Development Area (0-1 du. / ac.). 7. Town of Queen Creek 2018 General Plan (adopted May 18, 2018) The subject property is within the Town of Queen Creek’s planning area with a future use designation of ‘Rural’ which proposes a density of 1 dwelling unit per acre. Public Participation Summary: 8. On June 19, 2023 the applicant notified all property owners within 300’ of the subject parcel via a letter sent first class mail. Additionally, the site has been posted in two locations notifying the public of the future public meetings indicating meeting dates and times. As of this writing, there has been no public interest or comment. Outstanding Concerns from Reviewing Agencies: 9. N/A Staff Analysis: 10. The rezoning request at this location is in line with other surrounding parcels at the intersection as the area is quickly growing and developing. The neighboring C-3 parcel was originally zoned as such during the initial addition of zoning districts in 1969, thus indicating existing regional plans for a commercial corner in the area. When the property was platted in 1971 the subject lot originally was combined with the neighboring C-3 lot. Maricopa County records are unclear though it appears to have been divided between sometime between organization of the subdivision in 1971 and 1976 when the county started keeping updated records for this subdivision. The other 3 corners of the intersection are zoned C-2 and are within the jurisdiction of the Town of Queen Creek. The C-2 commercial corner to the east that currently includes a Circle K fuel station was originally zoned C-2 in 1990, the Town has recently expanded the C-2 zoning at that corner, approving an additional approximately 5 acres in 2021. Staff has reached out to The Town of Queen Creek via multiple methods for comment on this proposal on multiple occasions with no response given. Any future project at this location would be accessed via Chander Heights Rd to the south. Power Rd & Chandler Heights Rd are both classified as Minor Arterials which provide ample transportation routes to the subject parcel. Potential access would be directly across from the existing retail shopping plaza to the south. The scale and intensity of the established C-2 center to the south already provides an existing interaction intensity zone that staff believes this project will not create or majorly add to additional disruption to the characteristics of the commercial corner. Z2023070 Page 5 of 6 The original submission included an engineered POD which would have required an additional approval of a new plat to remove the non-vehicle access agreement. The applicant is choosing to move forward with an entitlement only case at this time to determine if zoning entitlement is acceptable at this location prior to any additional cases or engineering development costs. At face value it appears this case is seeking spot zoning entitlement, though following the case submission and the technical evaluation process this zoning only case is a result our entitlement approval process and the requirements involved to change established plats. Recommendation: 11. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023070 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Proposed Zoning Map“, consisting of 2 full-size sheets, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “W of NWC of Chandler Heights Rd and Power Rd Rezone Narrative”, consisting of 11 pages, dated July 31, 2023, and stamped received July 31, 2023, except as modified by the following conditions. c. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6. The matter may be considered for reversion of zoning to Rural-43, if a building permit has not been completed establishing a commercial use within five years from the date of Board approval of the C-2 zoning. A pre-annexation utilities services agreement with the Town of Queen Creek must be executed prior to zoning clearance for any commercial building permit and copy provided to the Maricopa County Planning and Development Department. The agreement will detail when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation utilities service agreement for either or both water and sewer service, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). d. The following engineering requirements: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. 2. Chandler Heights Blvd. is within the jurisdiction of the Town of Queen Creek. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. The subject premises is located within the County’s Urbanized Area. If the project will disturb one (1) acre or more, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. Z2023070 Page 6 of 6 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. e. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. Presented by: Andrew Lorentzen, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (2 pages) Narrative Report (11 pages) MCDOT comments (3 pages) MCESD comments (1 page) / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 1.99 approx. Generated September 5, 2023 1:43 PM Z2023070 Application Name: Legal Description Chandler Heights Retail EDR Applicant Case Address , T2S R06E 24 Alex Hayes for Withey Morris PLC 18318 E CHANDLER HEIGHTS Rd Applicant Phone/Email Parcel Primary:304-69-044A 602.346.4640 hayes@wmbattorneys.com GILBERT AZ 85298 Map scale 1:761 Supervisor District No. REZONE FROM RU-43 TO C-2 W/NWC Chandler Heights Rd and Power Rd, Maricopa County (18318 E Chandler Heights Rd) N Current Zoning Map C-2 W/NWC Chandler Heights Rd and Power Rd, Maricopa County (18318 E Chandler Heights Rd) N Proposed Zoning Map Page | 1 W of NWC of Chandler Heights Rd and Power Rd Rezone Narrative Case Number: Z2023070 First Submittal: May 30, 2023 Second Submittal: July 31, 2023 Page | 2 Development Team Developer Overton Builders, LLC 6 E Palo Verde Street, Suite 7 Gilbert, AZ 85296 Contact: Chris Domenico Email: chris@overtonbuilders.com Phone: (480) 633-7668 Applicant Withey Morris Baugh, PLC 2525 E. Arizona Biltmore Circle Ste. A-212 Phoenix, AZ 85016 Contact: Adam Baugh Email: adam@witheymorris.com Phone: (602) 230-0600 Page | 3 Request The Applicant is requesting to rezone the subject property from County RU-43 to C-2. Location The property is located approximately 320 feet west of the northwest corner of Chandler Heights Road and Power Road (APN: 304-69-044A), as shown on the attached aerial map (Tab 1). It is approximately two (2) acres and is currently developed with a single-family residence and outdoor storage. The property is located in the unincorporated area of Maricopa County but is covered under the Town of Queen Creek General Plan and Planning Area. Current General Plan and Zoning The Property is currently zoned County RU-43 (Tab 2). The Town of Queen Creek General Plan Land Use Map designates the property as “Rural.” (Tab 3). Maricopa County Comprehensive Plan The Maricopa County 2030 Comprehensive Plan (the "Plan") is aimed at maintaining a high quality of life as Maricopa County continues to undergo substantial growth. To that end, the Plan prioritizes “supporting safe communities and neighborhoods...by supporting compatible land uses; environmental quality; and safe, efficient and practical development patterns." This application presents an opportunity for the County to establish a use that provides compatible, value- add services to residents in this rapidly growing area. This proposal will meet the growing demands of the region with a high-quality, context appropriate product. This type of cohesive land use will ensure this area of the southeast valley continues to thrive consistent with the intent and goals of the County's Comprehensive Plan. The proposed rezone is consistent with the following specific goals and policies contained within the Plan: Land Use Goal #1: Achieve balanced and efficient development patterns. The proposed rezoning allows for compatible development that is complementary to the existing commercial zoning and land uses at the intersection of Chandler Heights Road and Power Road. The Property’s western perimeter aligns with the western perimeter of the commercial retail center located on the south side of Chandler Heights Road, which includes a grocery store and multiple retail pads. Additionally, the parcel immediately east of the Property at the northwest corner of Chandler Heights Road and Power Road is zoned C-3 and will ultimately be developed with commercial uses. Economic Growth Goal #1: Contribute to an effective regional economy. Page | 4 The proposed rezoning will enable useful retail and restaurant services that will be complementary to the existing residential development in the surrounding area and will create new employment opportunities and economic impact. The Property’s location makes it ideally suited for commercial uses and such uses will be compatible with the existing and proposed development at the intersection of Chandler Heights Road and Power Road. Adjacent Land Uses North: Horse Boarding Facility (RU-43) East: Single Family Residence (C-3) South: Commercial retail center (Queen Creek – C-2) West: Agriculture (RU-43) Project Overview The proposed rezone is requested to accommodate the development of commercial uses that aer consistent and compatible with the existing commercial zoning and land uses located at the corners of Chandler Heights Road and Power Road. The Property’s western perimeter aligns with the western perimeter of the commercial retail center located on the south side of Chandler Heights Road, which includes a grocery store and multiple retail pads. Additionally, the parcel immediately east of the Property at the northwest corner of Chandler Heights Road and Power Road is zoned C-3 and will ultimately be developed with commercial uses.. The Applicant intends to request the Property be annexed by the Town of Creek and the necessary utilities to service commercial development will be provided by the Town. Page | 5 Access and Circulation The site will be accessed from Chandler Heights Road via a new driveway located in the southeast corner of the Property. A cross access easement is proposed with the adjacent property to the east to integrate future commercial development of the hard corner. Pedestrian access is also provided to the interior of the Property from Chandler Heights Road. Utilities The Applicant intends to request the Property be annexed by the Town of Creek and the necessary utilities to service the development will be provided by the Town. PUBLIC UTILITIES SERVICE PROVIDERS Fire Protection Queen Creek Fire and Medical Police Protection Queen Creek Police Department Water Chandler Heights Citrus Irrigation District Wastewater Town of Queen Creek Gas Southwest Gas Electric Salt River Project Telephone Cox Communications Refuse Private Contractor Conclusion The proposed rezone makes logical sense from a land use perspective and will allow for productive use of underutilized land that is compatible with the existing and anticipated land uses in the surrounding area. The proposed development creates consistency along Chandler Heights Road and will establish an active commercial hub at this corner. TAB 1 NWC Power Rd and Chandler Heights Rd, Maricopa County N Aerial Map Site Chandler heights Rd Power Rd TAB 2 NWC Power Rd and Chandler Heights Rd, Maricopa County N Maricopa County Zoning Map RU-43 C-3 Site Chandler heights Rd Power Rd QC C-2 QC C-2 QC C-2 TAB 3 NWC Power Rd and Chandler Heights Rd, Maricopa County N Queen Creek General Plan Map Site Chandler heights Rd Power Rd Doug Jones, P.E., CFM Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 372-0790 www.maricopa.gov/planning Email address: Doug.Jones@maricopa.gov Planning & Development Engineering Plan Review Date: June 23, 2023 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Andrew Lorentzen, Planner, Planning & Development Services cc: Michael Norris P.E., Engineering Manager, Planning and Development Bob Fedorka, PE, Engineering Supervisor, Planning & Development From: Doug Jones, PE, CFM, Plans Examiner Engineer, Planning & Development Subject: Z2023070 – Chandler Heights Zone Change w/out POD RU-43 -> C-2 APN(s): 304-69-044A Engineering Review has reviewed the first plan and report routed for review on 06/07/2023, for the subject application and has No Objections subject to the following conditions: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. 2. Chandler Heights Blvd. is within the jurisdiction of the Town of Queen Creek. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. The subject premises is located within the County’s Urbanized Area. If the project will disturb one (1) acre or more, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. Page 2 of 3 All plans and reports should be developed and formatted to document that the project is designed to meet all County regulations, ordinances and design standards. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. Please contact me with any questions. DRAINAGE PLAN REVIEW REFERENCES: The Drainage Regulations are listed in Section 1205 of the MCZO: https://www.maricopa.gov/documentcenter/view/272 Maricopa County Drainage Policies and Standards Manual: https://www.maricopa.gov/DocumentCenter/Home/View/2369 For Additional Information See: https://www.maricopa.gov/1635/Drainage-Review FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: https://www.maricopa.gov/DocumentCenter/View/630 For Additional Information See: https://www.maricopa.gov/3847/Flood-Control-District PND TRANSPORTATION REFERENCES: Residential Driveway Guidelines https://www.maricopa.gov/documentcenter/view/362 Roadway Design Manual http://www.mcdot.maricopa.gov/DocumentCenter/View/24883 Maricopa County Resolution for ROW Permits https://www.maricopa.gov/documentcenter/view/364 For Additional Information See: https://www.maricopa.gov/156/MCDOT PND STORMWATER QUALITY (SWPPP) REFERENCES: Storm Water Quality Management and Discharge Control Regulation https://www.maricopa.gov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 https://www.maricopa.gov/DocumentCenter/View/5354 For Additional Information See: https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste Page 3 of 3 Abbreviations Key: Drainage: DD = Department Directive (See: http://www.maricopa.gov/1911/Department- Directives) MCZO = Maricopa County Zoning Ordinance DPSM = Maricopa County Drainage Policies and Standards SSA = State Standard Attachment DDMV1= Maricopa County Drainage Design Manual – Hydrology DDMV2 = Maricopa County Drainage Design Manual – Hydraulics Flood Control: FRMC = Floodplain Regulations for Maricopa County PND Transportation: RDM = MCDOT Roadway Design Manual RDG = MCDOT Residential Design Guidelines MSRP = MCDOT Major Streets and Routes Plan PND Storm Water: SWMDCR= Maricopa County Storm Water Quality Management and Discharge Control Regulation DDMV3= Maricopa County Drainage Design Manual – Erosion Control APCR= Maricopa County Air Pollution Control Regulations – Rule 310 Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 Subdivis io n@ma rico pa . go v es d. ma rico pa . go v The Maricopa County Environmental Services Department (MCESD) has completed review for the From County RU-43 to C-2 to accommodate the development of a commercial retail center. planning case(s). Please note the following MCESD requirements for site development: Subdivision and Infrastructure – An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. A will serve letter is required and must indicate approval from local municipality to discharge onsite wastewater to municipal sewerage system. For subdivision related questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov. Additional Notes – Environmental Services does not require these items for condition of approval of Z2023070 , however these items must be addressed with the development of the site. Environmental Services does not require additional review of this case. *It should be noted that this document does not approve the referenced project. Comments are provided for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County Planning and Development Department. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on current regulations at the time of application. Project Name: From County RU-43 to C-2 to accommodate the development of a commercial retail center. Primary Contact Name: Alex Hayes Planning Application Type: Zone Change APN(s): 304-69-044A Reviewer: Souren Naradikian, P.E. Email: Souren.Naradikian@maricopa.gov Phone: 602-372-2907 Planner Name: Andrew Lorentzen Planning Case #: Z2023070 Date: June 7, 2023 Water and Waste Management Division