TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
Dawn-Marie Buckland, Deputy Town Manager
Eva Cutro, Community Development Director
Paul Michaud, Senior Planner
DATE: November 16, 2017
DEPARTMENT: Community Development
Staff Contact Paul Michaud, Senior Planner
End
AGENDA TITLE:
Title
Consideration of Ordinance No. 2016-14, The Villas at Cheney Estates
A rezoning request from R-43 and SUP to R-43 Cluster Plan located at the northwest corner of the Northern Avenue alignment and Scottsdale Road
Body
Town Value(s):
☒ Primarily one-acre, residential community
☐ Limited government
☐ Creating a sense of community
☐ Partnerships with existing schools and resorts to enhance recreational opportunities
☐ Improving aesthetics/creating a brand
☐ Preserving natural open space
The proposed development is for single-family residential cluster plan development that maintains the Town’s value as it preserves open space and has a gross density of one-acre per home.
Council Goals or Statutory Requirements:
Review of the proposed plat is required by State Statute. Review of the various applications filed by the applicant to develop the subject property meets Town Council goals related to governance and infrastructure.
RECOMMENDATION:
Recommendation
Take public input and adopt Ordinance No. 2016-14 or take public input and continue the vote to the Council meeting of December 7, 2017
Background
SUMMARY STATEMENT:
Update
Town Council discussed the applications for “The Villas at Cheney Estates” at the study session of October 26, 2017. There were three main discussion points of setbacks, edits to the draft ordinance, and short-term rental. On setbacks, Council discussed possibly increasing the setbacks between structures on the Lots 2, 3 and 4 that border the golf course to provide more views between homes. In the end, no change was directed due to the requirement for one-story homes, the number of larger pie-shaped lots, the fact that each proposed home will be different, and the homes on those lots will have a livable size of 2,800 to 4,200 square feet. Edits to the draft ordinance were to consider a term other than “R-43 district” in Section 912 of the text amendment and the applicant’s wording related to the Town’s floodplain board in Condition 7 of the rezoning. The Town Attorney has made several minor typographical corrections on all the ordinances, modified the “R-43 District” text to read “R-43 zoned area or lot”, and Condition 7 of the rezoning was changed back to the Planning Commission verbiage since the applicant’s proposed development timing related to the floodplain is best addressed through separate action via the Town’s floodplain board if needed prior to approval of the Letter of Map Revision (LOMR). The Council encouraged the applicant to consider restricting short-term rentals in the CC&R’s.
Request
Doug Jorden, on behalf of Town Triangle, L.L.C. and Folkman Properties, L.L.C., has filed various applications to develop a 9.6-acre property located at the northwest corner of the Northern Avenue alignment and Scottsdale Road (Parcel No. 174-36-002X and part of 174-36-188A). The proposed development is for eight single-family lots that are expected to vary in lot size between approximately 16,813 square feet to 38,665 square feet.
The six applications filed are as follows:
• A text amendment to Article II, Definitions, and to Article IX, Cluster Plan District, of the Town’s Zoning Ordinance, to allow for modifications to the cluster plan provisions for this proposed development such as lot size, height measurement, and setbacks. The gross density will comply with the minimum one home per acre. (Ordinance No. 2016-13, MI-16-03).
• A rezoning to change the zoning district from “R-43 Single Family Residential District” (minimum 43,560 square-foot lots) and “Special Use Permit - Country Club and Golf Course” to the “R-43 Single Family Residential District Cluster Plan” for minimum 16,500 square-foot lots (Ordinance No. 2016-14, MI-16-04).
• A Preliminary Plat for eight 16,813 square feet to 38,665 square-foot lots (PP-16-03).
• A Conditional Use Permit to make the road(s) within the proposed subdivision private (Approved by the Planning Commission on October 3, 2017)(CUP-16-02).
• A Special Use Permit (SUP) for private roadway gates off Scottsdale Road into the proposed subdivision (Ordinance No. 2016-15, SUP-16-03).
• A request for two entry subdivision wall signs (MI-17-03).
Town Council action is required on five of the six filed applications. The Conditional Use Permit (CUP) application for the private roadway is acted upon by the Planning Commission pursuant to Section 1103.4 of the Town Zoning Ordinance. The Planning Commission approved the CUP at their meeting of October 3, 2017 by a vote of 4 to 0. The CUP is appealable to Town Council within 15 days of the decision, being the end of the business day of October 18, 2017. No appeal of the CUP was filed.
Planning Commission Action
The Planning Commission unanimously recommended Town Council approval of the five afore-mentioned applications at their meeting of October 3, 2017. The Planning Commission vote on these five applications was 4 to 0, with Commissioners Covington, Mahrle, and Campbell absent. As noted above, the Planning Commission approved the CUP for the private road. Refer to the attached minutes and ordinances/conditions for more information.
Existing Conditions & General Background
For information on the existing site characteristics, General Plan designations, zoning information, and past processing on the application requests from the earlier request refer to the Existing Conditions - History attachment.
Compliance to Code & Guidelines
Refer to the Compliance attachment on how the proposed development complies with the preliminary plat standards, roadway gate guidelines, subdivision wall guidelines, lighting requirements and guidelines, landscaping guidelines, and subdivision sign standards. The General Plan Policies attachment provides a list of policies the development meets or does not meet. The Differences attachment compares the standards such as setback and heights of the proposed development to other Town zoning districts. Refer to the other attachments for information on the utility will serve letters, water impact study, traffic statement, drainage, plans, and related information.
Noticing
Although the enhanced noticing no longer applied with withdrawal of the Major General Plan amendment, the applicant and Town continued to follow the enhanced noticing approved pursuant to the Citizen Review Plan of the General Plan amendment that was withdrawn. This included noticing at a 2,000-foot radius within the Town and advertisement in the Paradise Valley Independent and Scottsdale Republic.
COMMENTS
There were comments in both support and against the original application requests. Since the applications were revised June 23, 2017, all the comments provided have been in support of the application requests. There was one comment from a resident opposed, but this was sent one week prior to the revised application submittals. Also, there was a resident comment during Planning Commission action suggesting a reduction on the height of the homes.
All prior comments and meeting minutes can be found under the respective meeting dates detailed under the history attachment by going to the Town website at <https://paradisevalleyaz.legistar.com/Calendar.aspx>.
BUDGETARY IMPACT:
There is no direct budget impact to the Town. The applicant will be making the utility and infrastructure improvements related to this development.
ATTACHMENT(S):
1. Existing Conditions - History
2. Compliance
3. General Plan Policies
4. Differences
5. Timing
6. Statement of Direction (Gate SUP)
7. Application Material
8. Utility - Fire
9. Traffic Statement
10. FEMA (CLOMR) - Drainage
11. Comments - Noticing
12. Minutes
13. Preliminary Plat, Plans, and Updated Material
14. Ordinance Redlines
15. Ordinance Final
16. Presentation
Note: Additional detailed information can be found at <http://www.paradisevalleyaz.gov/568/Projects---Villas-at-Cheney-Estates--Tow>. This includes floodplain, water service impact study, and other material.