08. Z2023043 Staff Report

Z2023043 
Page 1 of 7 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
Z2023043 – Leresche Voluntary Rezone 
 
 
 
 
 
Hearing Date: 
May 11, 2023 
 
Supervisor District: 
1 
 
 
  
 
Applicant/Owner: 
Mark Leresche  
   
Request: 
Request for Commission initiation of rezone from R-4 to Rural-43 RUPD 
 
  
 
Site Location: 
APN 304-88-104A @ 18332 E Navajo Dr. - generally located 325’ north from 
the NWC of Hunt Hwy & Power Rd. in the Queen Creek area. 
 
  
Site Size: 
Approx. 1 acre 
 
Density: 
0-1 d.u./ac 
 
County Island:  
Yes (Town of Queen Creek, Town of Gilbert, Gila River Native American 
Community) 
 
 
County Plan: 
Rural Development Area (0-1 d.u./ac) 
 
Municipal Plan: 
Town of Gilbert – San Tan Character Area (0-1 du/ac) 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
None known 
 
Recommendation: 
Initiate and Approve with condition

Z2023043 
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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’. 
 
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.

Z2023043 
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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 
 
The applicant is requesting a commission initiative and voluntary rezone from R4 to Rural-43 
RUPD in order to accommodate future accessory structures related to the keeping of horses, an 
allowed use in the RU-43 zoning district.  
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
2. 
On-site: 
 
R-4 / Single Family Residence 
North: 
Ingress Egress easement for Stacy Rd. then R-4 / Single Family Residence 
South: 
Rural-43 RUPD / Single Family Residence 
East: 
Power Rd then Rural-43 / Single Family Residence 
West: 
Rural-43 and R-4 / Single Family Residences 
 
 
Utilities and Services: 
 
3. 
Water: 
 
Chandler Heights Irrigation District 
Wastewater: 
Septic 
School District: 
Chandler Unified School District 
Fire: 
Gilbert County Island Fire District 
Police:  
MCSO

Z2023043 
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Subject Site and Surrounding Zoning

Z2023043 
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2023 Aerial Photo of Site and Surroundings 
 
 
 
Right-of-Way: 
 
4. 
The following table includes existing and proposed half-width right-of-way and the future 
classification based upon the Maricopa County Department of Transportation (MCDOT) Major 
Streets and Routes Plan.   
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Future Classification 
Power Rd 
33’ 
55’ 
Minor Arterial 
 
Adopted Plans: 
 
5. 
Maricopa County “Vision 2030” Comprehensive Plan:  The Comprehensive Plan designates the 
Chandler Heights area as being within the Rural Development Area (0-1 d.u./ac), after 
decommissioning of the Queen Creek Area Plan.

Z2023043 
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6. 
Town of Gilbert General Plan: The Gilbert General Plan was approved by voters on November 6, 
2001, and 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 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 April 18, 2023 and sent notice of public hearing to all owners within 300’ of 
the subject site on April 25th. No opposition has been received by staff. 
 
Outstanding Concerns from Reviewing Agencies: 
 
9. 
N/A 
 
Staff Analysis: 
 
10. 
This case 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 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 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. Staff believes it is appropriate to ameliorate 
the checkerboard pattern of R-4 zoning in this area. 
 
12. 
Zoning case Z2005006 resulted in a checkerboard zoning and development pattern 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 R-4.  Importantly, all lots 
along this segment of Navajo Dr. have been developed or are being developed for single-family 
residences on acre sized lots.  The character of development for the immediate neighborhood of 
Navajo Dr. is single-family residential as opposed to the residential agrarian nature of the

Z2023043 
Page 7 of 7 
requested Rural-43 RUPD zoning, similar to the properties east of Power Rd. zoned Rural-43. 
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.  Despite this, staff believes that the ongoing effort to reduce the density and 
intensity of this region is important both from a land use pattern perspective, as well as a water 
sustainability perspective.  
 
14. 
The following aerial photograph show the developing streetscape.  There are about 5 lots fronting 
this segment of Navajo Dr. and all are developed with single-family homes. 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. However, the subject home does 
seem to generally fit cohesively with the design, size, and layout of the existing area. 
 
 
 
Recommendation: 
 
15. 
Staff recommends the Commission motion to initiate and approve case Z2023043 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: 
Matthew Holm, AICP, Planning Supervisor 
Attachments: 
Case Map (1 page) 
 
Application (1 page)

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Maricopa County Planning & Development - Phoenix, AZ
1
Gross Acres: .92 approx.
Generated April 28, 2023 11:57 AM
Z2023043
Application Name:
Legal Description
Leresche Voluntary Rezone
Applicant
Case Address
T02S R06E 036,
Mark A Laresche
18332 E NAVAJO Dr
Applicant Phone/Email
Parcel Primary:304-88-104A
480.229.0851
markleresche@gmail.com
QUEEN CREEK AZ 85142
Map scale 1:812
Supervisor District No.
COMMISSION INITIATIVE Z2005006 CHANDLER HEIGHTS CITRUS TRACT VOLUNTARY REZONE
5.3585 in