Item Coversheet
CITY OF PEORIA, ARIZONA
COUNCIL COMMUNICATION
 
Agenda Item: 9C. 


Date Prepared:  12/18/2023 Council Meeting Date: 1/16/2024

TO:Mike Faust, City Manager 
THROUGH:
Mike Faust, Deputy City Manager 
FROM:  Chris M. Jacques, AICP, Planning Director 
SUBJECT:
Initial Zoning, Fresh Start Church, 83rd and Acoma Drive 

Purpose:

Discussion and possible action to concur with the Planning and Zoning Commission's recommendation and adopt ORD. 2024-01, approving the Initial Zoning of approximately 2.9 acres of newly annexed area, as part of an overall expansion of the Fresh Start Church.  The site is generally located at the southeast corner of 83rd Avenue and Acoma Drive.  This action would supplant the current Maricopa County zoning of Rural-43  with the equivalent City of Peoria zoning district of Suburban Ranch. 

Summary:

The City of Peoria is initiating a request on behalf of the property owner, Lighthouse Church Assembly of God, commonly known as and identified herein as Fresh Start Church. The request is to apply initial zoning ("translational zoning") on 2.9-acres of newly-annexed area, as part of the church expansion site. The site is located at the southeast corner of 83rd Avenue and Acoma Drive.  

 

SITE LOCATION AND AREA CONTEXT:

The subject site, referred to as the expansion area for Fresh Start Church is located at the southeast corner of 83rd Avenue and Acoma Drive, and consists of two parcels (APN 200-62-002P and 200-62-002H) totaling 2.9 acres. Fresh Start Church currently operates as a place of worship on an 8.25-acre property located directly south of the expansion area within City of Peoria limits. On December 12, 2023, the City Council adopted ORD 2023-21, approving the annexation of the subject site into the City of Peoria.

 

BACKGROUND:

Pursuant to ARS §9-462.04E and ARS §9-471.M, the City must assign City zoning to the annexed property within six (6) months following the effective date of adoption of the annexation. Typically, city staff would either process applications to establish initial zoning concurrently with the annexation request or shortly thereafter annexation has occurred, based on discussions with the owner. The subject two parcels were annexed into City of Peoria boundary limits through a prior City Council action on December 12, 2023, with an effective annexation date of January 12, 2024.

 

INITIAL ZONING:

Establishment of initial corresponding zoning is often considered a perfunctory action given statutory requirements. More specifically, establishment of initial zoning regulated by Arizona Revised State Statues, and such, does not permit densities and uses to be assigned to a property that are more intense than those permitted by Maricopa County prior to the annexation.

 

The property has a long history of being used for agricultural purposes, which continues to this day. Currently zoned as Rural-43 (RU-43) within unincorporated Maricopa County, the district’s principal purpose is to “conserve and protect farms and other open land uses, foster orderly growth in rural and agricultural areas…” among its objectives. As a result, the RU-43 designation typically promotes a semi-rural, minimum one-acre lot development pattern in these types of areas. In this regard, the City's Suburban Ranch (SR-43) zoning district is the most consistent with the RU-43 characteristics as it provides for and conserves existing rural and low-density residential uses in their present or desired character, thereby fostering orderly growth in rural areas.

 

Given the characteristics of the property and the existing zoning granted within Maricopa County, the most analogous City of Peoria zoning is the Peoria Suburban Ranch (SR-43) Zoning District. Staff believes the proposed zoning district is in keeping with the criteria as outlined by applicable regulations; therefore, the request is consistent with the State Statutes.

 

PUBLIC ENGAGEMENT PROCESS:

Public Noticing:

The application was properly noticed pursuant to Section 21-315 of the Peoria Zoning Ordinance, which includes notification to all property owners within 600 feet of the site and registered HOAs within one (1) mile, posting of a sign on the site, and placing an ad in the Peoria Times at least 15 days prior to the Public Hearing.

 

A neighborhood meeting is not required for an Initial Zoning application.

 

Support / Opposition:

At the time of this writing, Staff has not received any stated opposition or support.

Previous Actions/Background:

  • On December 7, 2023, the Planning and Zoning Commission held a Public Hearing on this item. No members of the public requested to speak on this item.
  • The Planning & Zoning Commission voted 6-0, recommending approval of the Initial Zoning for the proposed annexation (Case Z23-15).
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:

Adopt ORD. 2024-01, as recommended by the Planning and Zoning Commission (6-0).

Fiscal Analysis:

This request is not expected to generate any inordinate budgetary impacts.

ATTACHMENTS:
Description
Exhibit 1- Vicinity Map
Exhibit 2 - Planning and Zoning Commission Staff Report
Exhibit 3 - Draft Ordinance
Contact Name and Number:  

Chris M. Jacques, AICP, Planning Director (623) 773-7609

Sarah Dircks, AICP, Planner (623) 773-7515