Item Coversheet
CITY OF PEORIA, ARIZONA
COUNCIL COMMUNICATION
 
Agenda Item: 19R. 


Date Prepared:  5/24/2017 Council Meeting Date: 6/27/2017

TO:Carl Swenson, City Manager 
THROUGH:
Andy Granger, Deputy City Manager 
FROM:  Chris Jacques, AICP, Planning & Community Development Director 
SUBJECT:
PUBLIC HEARING - Rezoning, Landmark on 67th, North of the Northwest corner of 67th and Olive Avenues 

Purpose:

This is a request for the City Council to adopt an Ordinance rezoning 4.55 gross acres generally located north of the northwest corner of 67th Avenue and Olive, from Intermediate Commercial (C-2) to Multi-Family Residential (RM-1) zoning district, to facilitate the development of a 56-unit multi-family residential community.

 

The City has not received any correspondence in opposition to this case but has received one (1) letter of support from the President of the Haciendas Del Sol Homeowners Association.  On May 18, 2017, the Planning and Zoning Commission recommended approval of this case.  No one from the public was present for this item.

 

 

Background/Summary:

Introduction:

This request pertains to a vacant, infill site of 4.55 gross acres generally located north of the northwest corner of 67th Avenue and Olive in the Acacia District. The applicant proposes to develop a gated multi-family residential community of fifty-six (56), two-bedroom units on the site replete with various amenities including pool/spa and dog park. The development would yield a gross density of 12.3 du/acre.

 

In this request, the applicant is seeking to Rezone the parcel from Intermediate Commercial (C-2) to Multi-Family Residential (RM-1) to facilitate the proposed development program. This application is accompanied by a proposed Minor General Plan Amendment.

 

Related History:

This site was annexed into the City of Peoria in 1971 through Ordinance 71-121. Subsequently, the initial zoning of Intermediate Commercial (C-2) was affixed to the property.  The zoning has remained unchanged since 1971.

 

In 2005, a request was filed by the same owner (Case Z05-21 - "Portales II") to rezone the property to Multi-Family Residential (RM-1) for a 72-unit multi-family residential development with a density of 15.8 units per acre. The Planning and Zoning Commission voted 4-1 in favor, with one email of opposition recorded from the public. This rezoning case was withdrawn by the applicant before the Council hearing for economic reasons.

 

General Plan Conformance:

The current land use designation of Medium Density Residential does not support the development proposal, leading the applicant to file a land use amendment to the General Plan. The proposed Medium-High Density Residential designation, as described in Section 2.c of the General Plan supports multi-family residential developments such as attached single-family homes, apartments, condominiums, and townhouses. Suitability is determined on the basis of location, access and availability of existing or proposed public facilities and utilities and existing and future land use patterns. 

 

Analysis of Request:

 

The applicant intends to construct a gated residential community, consisting of 56 two-bedroom apartments, with approximately six (6) open space amenities. The standards contained within the development are based on the RM-1 zoning standards City’s Zoning Ordinance for multi-family developments. 

 

The proposal has exceeded minimum requirements for usable open space, connectivity, and at 12.3 du/acre, the development is compatible with the density of its nearest existing residential neighbor (Haciendas Del Sol), which has a density of 13.3 du/acre.

 

 

Other considerations to be noted, the property has had commercial zoning for many years without realizing this development potential. The parcel is deeper than it is wide, and removed from the corner, so its commercial visibility is limited for its overall size.  Mini-storage already exists to the north of the subject property, so as a true in-fill property, it is reasonable to have a more dense residential development here, which can support the existing commercial uses to the south. The proposal will also provide continued improvements to the area, and serve as a desirable transitional neighbor, in terms of land use.

 

Staff finds the zone change and development proposal are consistent and compatible with existing development patterns and a reasonable transition for a parcel that is adjacent to an arterial roadway and a commercial shopping center. On the east side of 67th Avenue, is a mobile home park subdivision within the City of Glendale, with Residential / R1-6 zoning.

 

City Review:

This request has been reviewed and commented on through the City’s rezoning application review process. Recommended conditions of approval have been provided by the Planning, Site Development / Engineering, Community Services, and Fire Safety Division.

 

 

Traffic:

The Traffic Division has reviewed this proposal. All immediate comments and concerns have been addressed.

 

Access:

The development is proposed to be a gated community with one main access provided from 67th Avenue. The developer is required to obtain a letter of approval from the City of Glendale for this access.

 

Proposition 207:

The applicant has furnished a signed and notarized Proposition 207 Waiver for recordation pending the outcome of the City Council action.

 

Public Noticing:

A public hearing was held by the Planning and Zoning Commission on May 18, 2017. Public notice was provided in the manner prescribed under Section 14-39-6 of the Peoria Zoning Ordinance. Posting of the site was completed in the requisite time frame prior to the Public Hearing.

 

Support/Opposition:

One email letter was received in support of the proposal from the Haciendas Del Sol HOA President. No letters of opposition have been received.

 

Peoria Unified School District (PUSD):

The Peoria Unified School District (PUSD) has indicated their support of the proposal and entered into a Developer Assistance Agreement (DAA). The owner of the property has signed this agreement pledging financial support to help offset the impact from the future students that will be living within the Landmark on 67th development.

 

 

Public Participation:

 

The applicant conducted two (2) neighborhood meetings, and provided a Citizen Participation Report. The first meeting was held at 7:00 p.m. on November 9, 2016, at the Peoria City Library located at 8463 W. Monroe Street in Peoria. The second was held on February 1, 2017 at the same location.

 

Approximately thirteen (13) people, including Councilwoman Vicki Hunt, were in attendance at the first meeting. The applicant presented the proposal to the public and then took questions regarding the proposed use(s), access, site design, and architectural standards. Most of the public were residents of the City of Glendale and a few from the Haciendas Del Sol multi-family community. There was some discussion and concern with access to 67th Avenue, and residents from Haciendas Del Sol had questions regarding the height of the proposed buildings, and construction along the shared west boundary. There was no verbal opposition given by any party at the meeting. All concerns were addressed. No members of the public attended the second meeting. 

 

 

Previous Actions:

A public hearing was held for this item on May 18, 2017 before the Planning & Zoning Commission.  The Planning & Zoning Commission recommended approval of this request with a 4-0 vote.

Options:

A:  Approve as recommended by the Planning & Zoning Commission; or

B:  Approve with modifications; or

C:  Deny; or

D:  Continue action to a date certain or indefinitely; or

E:  Remand to the Planning & Zoning Commission for further consideration.

 

 

Staff Recommendation:

Discussion and possible action to concur with the Planning and Zoning Commission's recommendation and adopt ORD. 2017-19, approving a change in zoning for approximately 4.55 acres generally located north of the northwest corner of 67th Avenue and Olive, from Intermediate Commercial (C-2) to Multi-Family Residential (RM-1).

 

 

 

Fiscal Analysis:

This request is not expected to have immediate budgetary impacts to the City.

Narrative:

If the City Council takes action to approve this case and the associated Minor General Plan Amendment, the next step in the development process is to obtain Site Plan/Design Review and subsequently building and civil plans prior to construction.

 

ATTACHMENTS:
Description
Exhibit 1 - Aerial Vicinity Map
Exhibit 2 - P&Z Report (May 18, 2017)
Exhibit 3 - Draft Ordinance
Contact Name and Number:  

Sean Allen, Senior Planner, x7337.