TO: Chair and Planning Commission
FROM: Eva Cutro, Community Development Director
Paul Michaud, Senior Planner
DATE: November 15, 2016
CONTACT:
Staff Contact
Paul Michaud, 480-348-3574
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AGENDA TITLE:
Title
CUP-16-02: Consideration of a Conditional Use Permit for a private roadway on a 4.4-acre property located at the northwest corner of the Northern Avenue alignment and Scottsdale Road (Parcel No. 174-36-002X)
Body
ACTION:
Action
There are no timing requirements prescribed to act on the Conditional Use Permit application. The recommendation taken on the Major General Plan amendment, text amendment, rezoning, and preliminary plat will likely be associated with the recommendation on the Conditional Use Permit application request. As such, three action possible options are outlined below.
Option 1 Approval
Based upon the four findings of Section 1103.4 of the Town Zoning Ordinance as outlined in the associated work-study session action report, I move for approval of CUP-16-02, a Conditional Use Permit for a private roadway at “The Villas at Cheney Estates”, provided the related applications that include the Major General Plan amendment, the text amendment to the Zoning Ordinance, the rezoning, the platting, the Conditional Use Permit for the private road, and the Special Use Permit for the private roadway gates are non-severable with an effective date that is dependent upon the approval and recordation of the final plat and submittal of the Proposition 207 waiver. Said Conditional Use Permit shall be subject to the following stipulations:
1. This private roadway Conditional Use Permit (CUP) shall apply to the proposed Ironwood Drive as described in the legal description prepared by Fred Everett Fleet dated August 22, 2016, or as may be amended on the approved final plat for “The Villas at Cheney Estates”;
2. This private roadway shall be in substantial compliance with the Preliminary Plat for “The Villas at Cheney Estates,” Sheets 1-5, prepared by CVL Consultants, dated October 27, 2016, and shall be in substantial compliance with the approved final plat for said subdivision;
3. Any lighting within any tract of “The Villas at Cheney Estates” shall comply with the Town Code and the Town Special Use Permit Guidelines, with details on all lighting such as location, quantities, fixture type, lumens, and foot-candle requirements to be submitted along with the final plat application;
4. All landscaping within any tract of “The Villas at Cheney Estates” shall comply with the Town Landscape Guidelines, with details on location, quantities, plant type, and plant size to be submitted along with the final plat application;
5. Nothing herein prevents modification or addition to said lighting or landscaping in the future that follows the process, regulations, or guidelines in place at the time of such requested modification or addition;
6. The owner of the property, or successors, shall provide the Town, in a form acceptable to the Town Attorney, a grant of access easement and a private roadway maintenance agreement for the private roadway, private roadway gates, emergency access gate, and any related roadway/gate improvements on this Property. This form shall be reviewed by the Town Attorney, be in compliance to applicable local and state laws, and be recorded with the Maricopa County Recorder’s Office. Said form shall be recorded prior to or on the effective date of the ordinance for the rezoning of said property; and
7. The property owner, or successor, shall provide, subject to Town approval, all assurances necessary to guarantee completion of the roadway improvements for Ironwood Drive in accordance with the plat approval for “The Villas at Cheney Estates”.
Option 2 Recommendation of Denial
The Planning Commission recommends forwarding to the Town Council denial of CUP-16-02, a Conditional Use Permit for a private roadway at “The Villas at Cheney Estates.” This recommendation is based on the denial of GP-16-01, a Major General Plan Amendment to change the land use designation from "Low Density Residential" to "Medium Density Residential.”
Option 3 Recommendation of Continuance
The Planning Commission recommends continuing their action to the regular meeting of (December 6, 2016 or other specified meeting date or an unspecified meeting date) to allow for additional time to understand the impact of the related applications to develop eight (8) residential lots, each lot being under one acre in size.
BACKGROUND
Refer to the action report for this application under the Study Session Items for background information.
ATTACHMENTS
Refer to the action report for this application under the Study Session Items for all attachments.
C: - Applicant
- Case File