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January 25, 2023 Z2022180 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 25, 2023 Case #/Title: Z2022180 – Beers Property Voluntary Rezone CHCT Supervisor District: 1 Applicant/Owner: Gregory & Cynthia Beers Request: Voluntary Rezone from R-4 to Rural-43 RUPD Site Location: APN 304-87-009A @ 17340 E Starflower Ct. - generally located at the NWC of Starflower Ct. and 174th St. in the Queen Creek / Chandler Heights area. Site Size: 83,155 sq. ft. (1.95 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. The Commission recommendation was for approval subject to conditions ‘a’ – ‘k’ as recommended in staff’s report to the Commission. These were the conditions carried forward verbatim from Z2005006. However, all of the “opt in” rezones consistent with Z2005006 have simply been approved 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’ January 25, 2023 Z2022180 Page 2 of 3 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. Staff would recommend for consistency that motion for Approval of Z2022180 be subject only to condition ‘a’ as shown above. Commission Recommendation: On 12/8/22, the Commission voted 9-0 to initiate the request and to recommend approval of Z2022180 subject to condition ‘a’ – ‘k’: 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 January 25, 2023 Z2022180 Page 3 of 3 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: Avg. Lot Area/D.U.: 43,560 sq. ft. Min. Lot Area: 35,000 sq. ft. Min. Lot Width: 120’ Min. Distance Between Buildings: 15’ Min. Front Setback: 20’ Min. Rear Setback: 25’ Min. Side Setback: 5’ Min. Street-Side Setback: 10’ Max. Building Height: 30’ (2 stories) Off Street Parking: 2/d.u. Signs: Same as Rural-43 Uses: Same as Rural-43 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: 12/8/22 P&Z Packet (11 pages) Note: 12/8/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2022180 Page 1 of 9 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022180 – Beers Property Voluntary Rezone CHCT Hearing Date: December 8, 2022 Supervisor District: 1 Applicants &Owners: Gregory & Cynthia Beers Request: Request for Commission initiation of rezone from R-4 to Rural-43 RUPD Site Location: APN 304-87-009A @ 17340 E Starflower Ct. - generally located at the NWC of Starflower Ct. and 174th St. in the Chandler Heights area. Site Size: 83,155 sq. ft. (Approx. 1.95 acres) Density: N/A 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 Support/Opposition: None received to date Recommendation: Initiate and Approve with condition Z2022180 Page 2 of 9 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’. Z2022180 Page 3 of 9 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 The applicant is requesting commission initiative and voluntary rezone from R4 to RU-43 RUPD in order to accommodate temporary housing during construction of a primary residence through a Temporary Use Permit. Maricopa County Zoning Ordinance allows temporary housing only in rural zones. The applicant was not aware of the requirement and the unpermitted use of the RV as temporary housing was subject of violation V202101838, now under administrative remedy status to be resolved at the conclusion of this rezone request. After the zone change is granted, the applicant intends to apply to live on the property in an RV temporarily during construction of the primary residence, allowed per MCZO 1302.4 in Rural zones. Existing On-Site and Adjacent Zoning / Land Use: 2. On-site: R-4 RUPD / vacant North: Town of Gilbert SF-35 RUPD / single-family residence South: R-4 RUPD / vacant East: S 174th St the RU-43 RUPD / single-family residence West: R-4 / single family residence Z2022180 Page 4 of 9 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 Z2022180 Page 5 of 9 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 Rural Development Area (0-1 d.u./ac), after decommissioning of the Queen Creek Area Plan. 5. 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. 6. 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. Z2022180 Page 6 of 9 Public Participation Summary: 7. Staff posted the site November 15, 2022 and sent notice of hearing to all owner’s within 300’ of the subject site on November 22nd. No opposition has been received by staff. Outstanding Concerns from Reviewing Agencies: 8. N/A Staff Analysis: 9. This case, Z2022180, 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. 10. 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. 11. 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.” 12. 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 Starflower Ct. have been developed or are being developed for single-family residences on acre sized lots. The character of development for the immediate neighborhood of Starflower Ct. is single-family residential as opposed to the residential agrarian nature of the requested Rural-43 RUPD zoning, similar to the properties east of 174th St. zoned RU-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. Z2022180 Page 7 of 9 13. The following aerial photograph show the developing streetscape. There are about 4 lots fronting this segment of Starflower Ct. 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. Staff believes this rezone will continue this pattern. Aerial Photographs looking north along the 17000 block of E. Starflower Ct. Photograph date 1/1/2019 Recommendation: 14. Staff recommends the Commission motion to initiate and approve case Z2022180 subject to conditions ‘a’ through ‘k’: 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 Z2022180 Page 8 of 9 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. 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 Z2022180 Page 9 of 9 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 Presented by: Daniel Johnson, Planner Reviewed by: Darren V. Gerard, AICP, Planning Division Manager Attachment: Case Map (1 page) Application (1 page) MARICOPA COUNTY / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 2 approx. Generated November 9, 2022 15:48 PM Z2022180 Application Name: Legal Description Beers Property Voluntary Rezone CHCT Applicant Case Address , Gregory Beers Applicant Phone/Email Parcel Primary: 602.625.3617 ourlifeforce@cox.net Map scale 1:796 Supervisor District No. 304-87-009A ZONE CHANGE FROM R-4 TO RURAL-43 RUPD - CHANDLER HEIGHTS REZONE 5.3585 in • .., Planning & Development Department ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE . ZONE CHANGE WITH OVERLAY APPLICATION Project Name Gregory and Cynthia Beers new cons truction (APN: 304-87-009A) Description of Request: request rezoning from R-4 to Rural-43 RUPD Existing Use of Property: _u_n_im..:.p_ro_ve_ d_la_n_d . ...:.(o_ra_n..::;g _e _or_ch_ a_rd..:..) ______________________ _ Existing Zoning District: Chandler Heights Citrus Irriga tion District -----''-----_..:;_ ________________________ _ Requested Zone Change with Overlay: Related Case Numbers: (List V# if site is subject to code violation): Address (if known): _ 1 _134_0_E_S_ta_rft_ow_e_r _CT ___________________________ _ General Location (include nearest city/town): North of Hunt Highway, West of 17f4th ST. Queen Creek, AZ. 85142 Size in Acres: _1 _.9 _6 _____________ Square Feet: _s_9o_o_o ____________ _ Legal Description Section: 35 Township: 2 south 6 East ------ ------ Assessor's Parcel Number(s): _3_0 _4-_B7_ -o_o _9A ___________________________ _ Subdivision Name (if applicable): Range: Name: Address: City: Phone#: Name: Address: City: Phone#: NIA N/A _____________________ _ Contact: _N_tA __________ _ N/A _______________ State: _N_tA _________ _ Zip: N/A Fax#: Gregory and Cynthia Beers 17340 E Starftower CT Queen Creek ( 602) 62 5 -3617 Fax#: Email: NIA Contact: _6_ 02_.3_ 2_1._02_1_s _______ _ State: _AZ. ______ --=-=-=---=-- Zip: _s_51_4.,.2 ___ _ Email: ourlifeforce@cox.net I (property owner) Gregory and Cynthia Beers authorize ( owner's agent) _,_N.,_,/..,_A_,_ _______ ----i 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 Supervisors, Maricopa County Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my ro ert . 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 hereby waive any and all claims for diminution in value of the property with regard to an action ta n by M ·cop ounty result of the filing of thi application. Property Owner Signature: · ate: ., / 1 - 'Y cer I t a e s a ements 1n 1s opp 1cot1on and support material ore true. Any approvals or permits granted by Maricopa County in reliance upon the truthfulnes · . Owner or Authorized Agent Signature: /.l.!lCK,,. '..ld'Ll :d,)<.I CASE INACTIVITY Cases which are 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 with Overlay 11/19/2021 Rural 43 RUPD V202101838