TO: Chair and Planning Commission
FROM: Jeremy Knapp, Community Development Director
Paul Michaud, Planning Manager
George Burton, Senior Planner
DATE: January 7, 2020
DEPARTMENT: Community Development
Staff Contact George Burton, Senior Planner, 480-348-3525
End
AGENDA TITLE:
Title
Consideration of a Minor Special Use Permit Amendment (SUP 19-06)
Five Star/Ritz-Carlton Area C - Basement Lightwells, Modified Chimney Heights, and Modified Fence Wall Heights - 7000 E Lincoln Drive
Body
REQUEST
Five Star Resort Owner LLC is requesting a Minor Special Use Permit (SUP) amendment for Area C to allow expanded basement lightwells to encroach into the building setbacks, allow chimneys and chimney screens to extend 3’ above the maximum height limit of the house, and to modify several fence/retaining wall heights.
Recommendation
RECOMMENDATION
RECOMMENDATION A:
It is recommended the Planning Commission deem the requested amendment to the Five Star/Ritz-Carlton Special Use Permit a Minor Amendment per the criteria listed in Section 1102.7.B of the Zoning Ordinance.
RECOMMENDATION B:
It is recommended that the Planning Commission approve the Five Star/Ritz-Carlton Minor Special Use Permit Amendment in Area C to allow expanded basement lightwells to encroach into the building setbacks, allow chimneys and faux chimney screens to extend 3’ above the maximum height limit of the house, and to modify several fence/retaining wall heights, subject to the following stipulations:
1. All improvements to the property shall be in substantial compliance with the narrative, plans, and documents in the 7000 East Lincoln Ritz-Carlton Resort Parcel C Minor SUP Amendment submittal, Job # 01.0268908, prepared by CVL Consultants with the 3rd Revision date of December 9, 2019.
2. Revised SUP Stipulation No. 44 (with the new language identified in bold and removed language in strikeout):
Area C may only be improved with up to forty-five (45) detached single-family residential Resort-Branded Homes and uses incidental or accessory thereto, as well as common areas and common use facilities and/or amenities, provided that all such improvements comply with the height and Floor Area limitations shown on Page D-3, and setback limitations as shown on page F-3 of the Approved Plans.
Expanded basement lightwells/patios shall be in compliance with Minor Special Use Permit Amendment SUP 19-06 and shall be included in the square footage calculations. The portion of each expanded basement lightwell/patio that is located within the 5’ encroachment from the building setback shall be limited to the following:
§ Front yard lightwell/patios - Maximum of 275 square feet,
§ Side yard lightwell/patios - Maximum of 175 square feet, and
§ Rear yard lightwell/patios - Maximum of 125 square feet.
Plants placed in basement lightwells/patios shall not extend above the exterior grade of the house. Also, lightwell guards that are adjacent to or visible from a right-of-way and/or open space area shall be clear glass with an optional cap. A planting/landscape buffer shall be placed around all lightwell guards that are adjacent to or visible from a right-of-way and/or open space area (with openings for egress). This planting/landscape buffer must be maintained by the Home Owners Association (HOA).
Each Owner of a Resort-Branded Home may occupy it, or permit its family and guest(s) to occupy it, or make it available for residential uses. In addition, each Owner of a Resort-Branded Home may voluntarily participate in the Resort Hotel Rental Program and make its Resort-Branded Home available for transient occupancy uses or hospitality uses, at its sole option, under the terms and conditions of the Resort Hotel Rental Program, provided, however, that any rental of any Resort-Branded Home shall only be done through the Resort Hotel Rental Program. The principal guest of a Resort-Branded Home in the Resort Hotel Rental Program shall register with the Principal Resort Hotel. Nothing shall prohibit a Resort-Branded Home from being sold (and thereafter resold) to a third party, or parties, and used as provided herein.
3. Revised SUP Stipulation No. 45.c (with the new language identified in bold and removed language in strikeout):
45.c. Additional walls not shown on the Approved Plans may be constructed on a lot within enclosed private yards, provided they do not exceed six (6) feet in height. Guards needed for basement lightwells and exits shall abut the lightwell/exit and shall be limited to a minimum height of 36 inches tall and a maximum height of 42 inches tall. For Area C, the following exception shall apply: The walls shown on the approved plans for Minor SUP Amendment SUP-18-14 and as amended per Minor SUP Amendment SUP-19-06, shall not exceed a maximum height of 9’ tall and are limited to the locations and heights as shown on the approved plans.
4. New SUP Stipulation 45j:
Chimney and Chimney Screens. For chimney and chimney screens located on lots that are adjacent to a public roadway, being Lots 6 through 17 and Lots 26 through 30 of the Replat, Amended 7000 East Lincoln - Parcel C - Amended, recorded in document number 20180867736, Book 1396 and Page 29, at the Maricopa County Recorder, Maricopa County, Arizona, or as may be amended further in the future (the “Area C Plat”), the height of a chimney or chimney screen including a decorative shroud shall not exceed the maximum height allowed for the main house.
For all other lots on the Area C Plat, the height of a chimney or chimney screen including a decorative shroud shall not exceed the maximum height allowed for the main house. Exception: For any chimneys or chimney screens that are located within a 10-foot radius of any roof that is 21 feet or taller, the chimney or chimney screen height, including a decorative shroud, may exceed that portion of the building roof by not more than 3 feet.
This stipulation applies only to the main residence on each lot and does not apply to accessory structures. Chimney screens refer to portions of the building that is only used to conceal roof penetrations such as stacked vents and exhaust fan caps. Chimney and chimney screens that are allowed to extend above the 24-foot height limit shall be limited to a maximum total/quantity of 2 chimneys/chimney screens and shall be in substantial compliance with Minor Special Use Permit Amendment SUP 19-06.
5. All existing Special Use Permit stipulations shall remain in full force and effect, unless changed or modified by the Minor Amendment SUP-19-06.
6. The property owner and Town shall sign and record a Waiver of Rights and Remedies agreement under A.R.S. § 12‐1134 (Proposition 207 Waiver) in the form provided by the Town Attorney within 10 calendar days of the approval of this amendment to the Special Use Permit.
Background
BACKGROUND
History:
The property located at 7000 E. Lincoln Drive was annexed into the Town in 1964. In 1987, the Town Council granted a Special Use Permit and rezoning for Sun Valley Resort. In 2008, the Town Council granted an amendment to the existing SUP to allow for a resort community, including: a resort hotel with 225 rooms, spa, restaurants, and meeting space; 100 resort patio homes; 46 luxury detached residential homes, 15 one-acre home lots; and, site improvements including parking, landscaping, and lighting and, improvements to site infrastructure. No development occurred.
In 2012, the Town adopted a new General Plan. The General Plan categorized this property as one of the new Development Areas, intended to focus resort development into targeted areas that are most appropriate for accommodating the variety of land uses associated with such use. The General Plan identifies that Development Areas are meant to encourage new resort development that reflects the Town’s needs for fiscal health, economic diversification, and quality of life.
In December 2015, the SUP was amended to approve a development with five distinct Areas with a mix of resort, residential, and retail uses. Area C is comprised 39 detached single-family residence (called resort-branded homes). The SUP has been amended several times, with the most recent amendments on December 4, 2018 for modified fence wall heights, modified size and height of the guard house, and control arm gates to the guard house in Area C and on January 9, 2019 for modified building heights in Area A1.
The applicant is now seeking another SUP amendment to allow expanded basement lightwells/patios to encroach into the setbacks, allow chimneys and chimney screens to extend 3’ above the maximum height limit of the house, and to modify several fence wall heights.
Planning Commission Review
The Planning Commission reviewed the request at the December 3, 2019 and December 17, 2019 work study sessions. During the December 3rd work study review, the Commission requested or noted the following:
1. Roof Screens/ Faux Chimney:
a. The roof screens must comply with the allowable building heights (no additional height will be given for the roof screens).
2. Chimneys:
a. Perimeter lots - the chimneys must comply with the allowable building heights.
b. Interior lots - the chimneys may extend 3’ above the maximum building height if it is located within a 10’ radius of the roof. The applicant must identify a maximum size for the chimneys and a maximum quantity/number of chimneys.
3. Light Wells:
a. The Commission was supportive of this concept. Due to safety concerns that a 36” guard may not be tall enough to keep children from falling into a front yard light well, the Commission would like the front yard guards to be a minimum height of 36” and a maximum height of 42” tall.
4. Modified Fence Walls:
a. The Commission requested a site visit in order fully understand the scope of the request for the fence wall modifications.
During the December 17th work study review, the Commission requested or noted the following:
1. Light Wells:
a. The 275 square foot encroachment limit on the front yard light well is acceptable. However, the applicant must provide a total or maximum allowable square footage for all lightwells on an individual lot.
b. Add a stipulation that plants placed in a lightwell shall not extend above the exterior grade of the house.
c. Guard rails that are adjacent to or visible from a right-of-way and/or open space area shall be clear glass with an optional cap.
d. A planting/landscape buffer shall be placed around all guard rails that are adjacent to or visible from a right-of-way and/or open space area (with openings for egress). The planting/landscape buffer must also be maintained by the Home Owners Association (HOA).
2. Chimneys and faux chimney screens:
a. The applicant must provide site lines or perspectives from Lincoln Drive and Mockingbird Lane to help determine if the proposed chimneys and chimney screens on the interior lots will be seen from off the SUP property.
In response to the Commission’s direction, the applicant updated the plans and documents.
Basement Lightwells/Patios
The applicant is proposing to add expanded basement lightwells to create underground patios which will maximize the potential of each lot. Standard basement lightwells/exits are limited to a maximum size of 5’ wide and 10’ long, may encroach into the building setback, and are excluded from the floor area ratio calculation. The Town Code states:
Basement exits, with the exception of standard window wells, shall be included in the Floor Area Ratio for the structure and shall meet all setbacks for the structure; however, the floor area of any fully subterranean portions of the actual basement shall be excluded from the Floor Area Ratio.
The expanded basement lightwells/patios will encroach a maximum of 5’ into all of the primary residence setbacks, with varying lengths and widths. The expanded lightwells/patios will be included in the square footage calculation and the earth around the exterior of the expanded lightwell/patio must be restored back to grade, so it does not affect the height measurement of the house.
Due to the additional setback encroachment of 5’, staff recommends that a size/square footage limit be placed on expanded lightwells to mitigate the amount of setback encroachment. The applicant recommends limiting the encroachment of the front yard light wells to a maximum of 275 square feet, limiting the encroachment of the side light wells to a maximum limit of 175 square feet, and limiting the encroachment of the rear light wells to a maximum size of 125 square feet. Staff is seeking Commission’s input regarding the proposed size limitation on each lightwell encroachment (to help determine if the proposed encroachment limits are appropriate and acceptable).
SUP Stipulation No. 44 must be modified to address the new basement lightwells/patios. Staff recommends the following edits (with the new language identified in bold and removed language in strikeout):
44. Area C may only be improved with up to forty-five (45) detached single-family residential Resort-Branded Homes and uses incidental or accessory thereto, as well as common areas and common use facilities and/or amenities, provided that all such improvements comply with the height and Floor Area limitations shown on Page D-3, and setback limitations as shown on page F-3 of the Approved Plans.
Expanded basement lightwells/patios shall be in compliance with Minor Special Use Permit Amendment SUP 19-06 and shall be included in the square footage calculations. The portion of each expanded basement lightwell/patio that is located within the 5’ encroachment from the building setback shall be limited to the following:
§ Front yard lightwell/patios - Maximum of 275 square feet,
§ Side yard lightwell/patios - Maximum of 175 square feet, and
§ Rear yard lightwell/patios - Maximum of 125 square feet.
Plants placed in basement lightwells/patios shall not extend above the exterior grade of the house. Also, lightwell guards that are adjacent to or visible from a right-of-way and/or open space area shall be clear glass with an optional cap. A planting/landscape buffer shall be placed around all guards that are adjacent to or visible from a right-of-way and/or open space area (with openings for egress). This planting/landscape buffer must be maintained by the Home Owners Association (HOA).
Each Owner of a Resort-Branded Home may occupy it, or permit its family and guest(s) to occupy it, or make it available for residential uses. In addition, each Owner of a Resort-Branded Home may voluntarily participate in the Resort Hotel Rental Program and make its Resort-Branded Home available for transient occupancy uses or hospitality uses, at its sole option, under the terms and conditions of the Resort Hotel Rental Program, provided, however, that any rental of any Resort-Branded Home shall only be done through the Resort Hotel Rental Program. The principal guest of a Resort-Branded Home in the Resort Hotel Rental Program shall register with the Principal Resort Hotel. Nothing shall prohibit a Resort-Branded Home from being sold (and thereafter resold) to a third party, or parties, and used as provided herein.
Also, in accordance with building code requirements, a 36” tall guard must be placed around the basement lightwells/patios. Since the SUP does not allow fence walls in the front yard, stipulation No. 45.c must be modified to allow guards to be placed in the front yard. During the December 3rd work study review, the Commission expressed concern that a 36” guard may not be tall enough to keep children from falling into a front yard light well. As a result, the Commission noted that the front yard guards shall be a minimum height of 36” and a maximum height of 42” tall. Since the SUP allows for 6’ tall fence walls to create enclosed yards, staff is supportive of allowing the same guard rail height limits in the side and rear yards.
Staff recommends the following edits (with the new language identified in bold and removed language in strikeout) to SUP Stipulation No. 45.c:
45.c. Additional walls not shown on the Approved Plans may be constructed on a lot within enclosed private yards, provided they do not exceed six (6) feet in height. Guards needed for basement lightwells and exits shall abut the lightwell/exit and shall be limited to a minimum height of 36 inches tall and a maximum height of 42 inches tall. For Area C, the following exception shall apply: The walls shown on the approved plans for Minor SUP Amendment SUP-18-14 and as amended per Minor SUP Amendment SUP-19-06, shall not exceed a maximum height of 9’ tall and are limited to the locations and heights as shown on the approved plans.
Chimneys and Chimney Screens
In Area C, certain perimeter lots are limited to single story homes and a maximum height of 20’ tall and all other homes in Area C are limited to a maximum height of 24’ tall. The maximum height includes chimneys and roof screens. However, on non-SUP properties, chimneys may extend 3’ above the maximum height limit of the house in accordance with Town Code and building code requirements. The Town Code states:
|
Lot Size, acre |
Maximum Building Height, feet |
|
Less than 3 |
24 not including chimneys |
|
3 or greater but less than 4 |
26 not including chimneys |
|
4 or greater |
30 including chimneys |
The applicant requests a modification to the SUP to allow chimneys and chimney screens (which are faux chimneys that will screen vent stacks and exhaust fan caps) to extend 3’ above the height of the house.
During the work sessions, the Commission expressed concern that the large amounts or sizes of chimneys and roof screens may block views. As a result, the Commission identified or requested the following:
1. Chimneys on the perimeter lots shall comply with the building/house height limitation;
2. A chimney or chimney screen on the interior lots may extend 3’ above the maximum building height if it is located within a 10’ radius of the roof. The Commission also asked the applicant to identify a maximum number of chimneys per house and a maximum size limit for the chimneys; and
3. The applicant must provide site lines or perspectives from Lincoln Drive and Mockingbird Lane to help determine if the proposed chimneys and faux chimney screens on the interior lots will be seen from off the property.
The chimneys and chimney screens on the interior lots will not extend more than 3’ above any roof located within a 10’ radius of the chimney. The applicant reduced the size of the chimney and chimney screens from approximately:
|
|
Minimum Size |
Maximum Size |
|
Original Proposal |
7’ long x 3’ wide |
24’ long x 4’ wide |
|
Current Proposal |
7’ long x 3’ wide |
13’ long x 4’ wide |
Each house on an interior lot will be limited to a total of 2 chimneys/chimney screens. The chimney and chimney screens will also have a design and finish that matches or compliments the architecture of the house.
SUP Stipulation No. 45 must be modified to address the chimney and chimney screen heights. The language that was presented to Commission on December 17th has been edited by staff to provide additional clarification. The original language is illustrated in bold, with removed language in strikeout, and the new language in red. Staff recommends the following edits:
45.j. Chimney and Chimney Screens. For chimney and chimney screens located on lots that are adjacent to a public roadway, being Lots 6 through 17 and Lots 26 through 30 of the Replat, Amended 7000 East Lincoln - Parcel C - Amended, recorded in document number 20180867736, Book 1396 and Page 29, at the Maricopa County Recorder, Maricopa County, Arizona, or as may be amended further in the future (the “Area C Plat”), the height of a chimney or chimney screen including a decorative shroud shall not exceed the maximum height allowed for the main house.
For all other lots on the Area C Plat, the height of a chimney or chimney screen including a decorative shroud shall not exceed the maximum height allowed for the main house. Exception: For any chimneys or chimney screens that are located within a 10-foot radius of any roof that is 21 feet or taller, the chimney or chimney screen height, including a decorative shroud, may exceed that portion of the building roof by not more than 3 feet.
where the chimney or chimney screen is located within 10 feet of any portion of the building, the height including a decorative shroud may exceed the height of that portion of the building by 3 feet, or a height of 24 feet, whichever is greater.
This stipulation applies only to the main residence on each lot and does not apply to accessory structures. Chimney screens refer to portions of the building that is only used to conceal roof penetrations such as stacked vents and exhaust fan caps. Chimney and chimney screens that are allowed to extend above the 24-foot height limit shall be limited to a maximum total/quantity of 2 chimneys/chimney screens and shall be in substantial compliance with Minor Special Use Permit Amendment SUP 19-06.
Per Commission’s request, the applicant provided renderings/perspectives from Lincoln Drive and Mockingbird Lane to help illustrate that the chimneys and faux chimney screens on the interior lots will not be visible from off the SUP property (see page 35 on the Narrative & Plans submittal).
Modified Fence Wall Heights
Ritz-Carlton SUP Stipulation No. 45.c limits fence wall heights to a maximum of 6’ tall. In 2018, SUP-18-14 modified certain wall heights to 9’ tall in Area C. The applicant would like to revise the SUP-18-14 approval of the up to 9’ tall wall heights in different locations. This request is to allow a combination wall, with up to 3’ of retaining wall on the bottom and a 6’ tall wall on top (with a maximum overall height of 9’ tall). This request is in response to a recent redesign of the site, which is intended to improve views and bring the proposed elevations closer to original natural grade. Also, landscaping will be placed around the exterior of the affected walls in order to minimize or soften the visual impact.
Based upon the proposed wall heights, staff recommends the following edits to Stipulation 45.c (with the new language identified in bold font and removed language strikeout):
45.c. Additional walls not shown on the Approved Plans may be constructed on a lot within enclosed private yards, provided they do not exceed six (6) feet in height. Guards needed for basement lightwells and exits shall abut the lightwell/exit and shall be limited to a minimum height of 36 inches tall and a maximum height of 42 inches tall. For Area C, the following exception shall apply: The walls shown on the approved plans for Minor SUP Amendment SUP-18-14 and as amended per Minor SUP Amendment SUP-19-06, shall not exceed a maximum height of 9’ tall and are limited to the locations and heights as shown on the approved plans.
DISCUSSION/FACTS:
General Plan:
The proposed improvements are consistent with Section 1.3 of the Town’s General Plan which encourages the continued revitalization and improvement of the Town’s resorts while protecting the adjacent residential neighborhoods.
Minor Amendment Criteria
Per the new SUP Ordinance effective November 22, 2009, a Minor Amendment to a Special Use Permit shall include any proposal which is not a Managerial Amendment and does not:
1. Change or add any uses; or
2. Increase the floor area of the project by more than 5,000 square feet or constitute an increase of more than 15% upon the existing or, if still under construction, approved floor area square footage of the affected SUP property, whichever is less, with any such increase to be measured cumulatively over a sixty-month period; or
3. Have any material effect on the adjoining property owners that is visible, audible, or otherwise perceptible from adjacent properties that cannot be sufficiently mitigated; or
4. Change the architectural style of the existing Special Use Permit.
Zoning Ordinance Compliance:
The proposed improvements are consistent with the existing resort use:
§ The expanded basement lightwells/patios are similar to the expanded lightwells in Area B and not visible from off the SUP property,
§ The modified chimney heights are similar to the requirements on non-SUP/residentially zoned property and will have limited visual impact since they are restricted to the interior lots, and
§ The modified wall heights are similar to the walls in Area B and accommodate the site grading.
Also, there is no increase in the amount of square footage, no change in use, and no change in the architectural style of the SUP.
Public Comment
Public notification was performed in accordance with the public meeting process. Staff did not receive any comments regarding this request.
Next Steps
The Commission must take two actions on a Minor SUP Amendment request. The first action is to determine if the request constitutes a Minor Amendment. If deemed a Minor Amendment, the Commission must either approve the request (with stipulations), deny the request, or continue the application for additional information and/or discussion.
ATTACHMENTS:
A- Vicinity Map & Aerial Photo
B - Application
C - Narrative & Plans
D - Area C SUP Stipulations No. 44-45
E - SUP Sit Plan Sheet D-3
F - Notification Materials
CC: Richard Frazee, Heidi Tilson, and Rob Banach - Applicant