CITY OF LITCHFIELD PARK

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1 CITY OF LITCHFIELD PARK PLANNING AND ZONING COMMISSION Regular Meeting Tuesday, December 8, :00 p.m. Litchfield Park Branch Library Community Room 101 W. Wigwam Boulevard Litchfield Park, Arizona Members of the Litchfield Park Planning and Zoning Commission may attend either in person or by telephone conference call. I. Call to Order II. III. IV. Pledge of Allegiance Call to the Community (This is the time for citizens who would like to address the Commission on any non-agenda item. Action taken as a result of public comment will be limited to asking Staff to review the matter, asking that the matter be put on a future agenda, or responding to criticism.) Business A. Public Hearing: Proposed Zoning Code Amendment Related to Allowing Farmer s Markets in Public Facility (PF) Zoning Districts 1. Staff Report 2. Public Comments Information Citizens may ask questions or speak for or against a proposed Zoning Code amendment that would add a definition for Farmer s Markets and would allow Outdoor Farmer s Markets in in Public Facility (PF) Zoning Districts with a Use Permit. B. Proposed Zoning Code Amendment Related to Allowing Farmer s Markets in Public Facility (PF) Zoning Districts Discussion and possible recommendation to City Council to approve an amendment to the City of Litchfield Park Zoning Code that would add a definition for Farmer s Markets and allow Outdoor Farmer s Markets in Public Facility (PF) Zoning Districts with a Use Permit. C. Public Hearing: Proposed Zoning Code Amendment Related to Amending Section 31 General Provisions, Subsection Yard Sales to Revise the Time Period During Which Yard Sales are Allowed; Correcting the Reference to the Sign Code Section Number, and Clarifying that the Section Does Not Apply to City Sponsored Yard Sales Information Action Information 1. Staff Report 2. Public Comments Citizens may ask questions or speak for or against a proposed Zoning Code amendment related to amending Section 31 General Provisions, Subsection Yard Sales to revise the time period during which yard sales are allowed; correcting the reference to the Sign Code section number, and clarifying that the Section does not apply to City sponsored yard sales..

2 D. Proposed Zoning Code Amendment Related to Amending Section 31 General Provisions, Subsection Yard Sales to Revise the Time Period During Which Yard Sales are Allowed; Correcting the Reference to the Sign Code Section Number, and Clarifying that the Section Does Not Apply to City Sponsored Yard Sales Information Action Discussion and possible recommendation to City Council to approve an amendment to the City of Litchfield Park Zoning Code related to amending Section 31 General Provisions, Subsection Yard Sales to revise the time period during which yard sales are allowed; correcting the reference to the Sign Code section number, and clarifying that the Section does not apply to City sponsored yard sales. E. Citizen Review: Request for a Use Permit to Locate a Verizon Small Cell Wireless Communications Facility and Associated Equipment at the Litchfield Park Recreation Center, 100 S. Old Litchfield Road Information 1. Staff Report 2. Public Comments 3. Discussion A study session will be held to discuss and gather information from citizens regarding a request for a Use Permit to locate a Verizon Small Cell Wireless Communications Facility and associated equipment at the Litchfield Park Recreation Center, 100 S. Old Litchfield Road. F. Citizen Review: Request to Amend Ordinance No Related to Land Use Regulations for the Cachet Homes Residential Development Located at the Northwest Corner of Litchfield Road and Village Parkway Information 1. Staff Report 2. Public Comments 3. Discussion A study session will be held to discuss and gather information from citizens regarding a request to amend Ordinance No related to land use regulations for the Cachet Homes residential development located at the northwest corner of Litchfield Road and Village Parkway. The amendment would replace the existing development plan for the project with a new development plat that clarifies the required minimum 5 side yard setbacks for the detached Cottage Home units and adds that the required minimum 10 front yard setback on eight of the Patio (townhome) style units will be measured from the centerline of the private drive. G. Topics for Referral to City Council Discussion of and possible referral of new topics to the City Council. V. Executive Session Information Action Action VI. An Executive Session may be called during the public meeting on any item on this agenda pursuant to (i) A.R.S (A) (3) for the purpose of receiving legal advice. Board of Adjustment/Design Review Board Update Update on the November 5, 2015 Design Review Board meeting. Information VII. Staff Report on Current Events Information

3 VIII. Commissioners Reports on Current Events This is the time Commissioners may present a brief summary on current events. The Commission may not propose, discuss, deliberate or take any legal action on the information presented, pursuant to A.R. S Information IX. Adjournment Action Frank Ross, Chairman Persons with special accessibility needs should contact City Hall, at least 48 hours prior to the meeting.

4 Meeting Date: December 8, 2015 To: From: Subject: Planning and Zoning Advisory Commission Jason Sanks, Planning Consultant Citizen Review of proposed Text Amendment to add the definition of a Farmers Market to the Zoning Code as well as amend Section 27 Public Facilities (PF) to accommodate the list and update the Use Matrix The City of Litchfield Park proposes to amend the Zoning Code language related to Farmers Markets to create a definition for the use, add the use to the Public Facilities district, and update the Use Matrix accordingly. The specific ordinance language is presented in legislative edit as follows: The Zoning Code of the City of Litchfield Park is hereby amended to add the following new definitions to read as follows (additions shown in ALL CAPS, deletions shown in italics): FARMERS MARKET: A MARKET AT WHICH FARMER/PRODUCERS SELL AGRICULTURAL PRODUCTS AND OTHER ITEMS DIRECTLY TO THE GENERAL PUBLIC, PARTICULARLY FRESH FRUIT AND VEGETABLES, BUT ALSO MEAT PRODUCTS, DAIRY, GRAINS AND OTHER SIMILAR ITEMS. The Zoning Code of the City of Litchfield Park is hereby amended by amending Section 27 Public Facilities (PF) District, Subsection Land Use Definition, to read as follows (additions shown in ALL CAPS, deletions shown in italics) Public facilities: this land use category applies to areas for churches, schools, hospitals, continuum of care developments, government buildings, and utility facilities which, together with convention services, child care and information centers, are permitted. Accessory uses, temporary uses, arcades and game centers, cemeteries/mausoleums, clinics, commercial recreation, convalescent homes, OUTDOOR FARMERS MARKETS, fraternal or civic clubs, health clubs, plant nurseries, professional/business offices, solid waste stations, stables, veterinary services, and manufactured structures require use permit approval. A Citizen Review meeting for this proposal was held at the November 10, 2015 PZ meeting. Staff recommends approval of the proposed text amendment to add the definition of a Farmers Market to the Zoning Code as well as amend Section 27 Public Facilities (PF) to accommodate the list and update the Use Matrix.

5 PZ CITY OF LITCHFIELD PARK ORDINANCE NO. 15- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF LITCHFIELD PARK, ARIZONA, AMENDING THE ZONING CODE OF THE CITY OF LITCHFIELD PARK BY AMENDING SECTION 2 DEFINITIONS TO ADD A DEFINITION FOR FARMERS MARKET; AMENDING SECTION 27 PUBLIC FACILITIES (PF) DISTRICT, SUBSECTION LAND USE DEFINITION, TO PERMIT OUTDOOR FARMERS MARKETS IN PUBLIC FACILITY ZONING DISTRICTS WITH A USE; AND AMENDING SECTION 28 ZONING MATRIX/DISTRICT REQUIREMENTS SUMMARY TO ALLOW OUTDOOR FARMER MARKETS AS A PERMITTED USE WITH A USE PERMIT IN PUBLIC FACILITY (PF) DISTRICTS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES WHEREAS, the City Council has determined that the addition of Farmers Markets as an allowable use in Public Facility (PF) Zoning Districts in the City will further the goals of the General Plan, provide for a more diverse economic base and enhance the lifestyle of the City for the benefit of its residents; and WHEREAS, the City Council has determined that the Farmers Market use in a Public Facility (PF) Zoning District might require conditions to mitigate impacts the use might have on adjacent properties and the community; NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Litchfield Park, Arizona, as follows: Section I. In General. The Zoning Code of the City of Litchfield Park is hereby amended to add the following new definitions to read as follows (additions shown in ALL CAPS, deletions shown in italics): * * * FARMERS MARKET: A MARKET AT WHICH FARMER/PRODUCERS SELL AGRICULTURAL PRODUCTS AND OTHER ITEMS DIRECTLY TO THE GENERAL PUBLIC, PARTICULARLY FRESH FRUIT AND VEGETABLES, BUT ALSO MEAT PRODUCTS, DAIRY, GRAINS AND OTHER SIMILAR ITEMS. File: DOCS/Legal/Ordinances/ Farmers Market in PF

6 Ordinance 15- Page 2 of 3 The Zoning Code of the City of Litchfield Park is hereby amended by amending Section 27 Public Facilities (PF) District, Subsection Land Use Definition, to read as follows (additions shown in ALL CAPS, deletions shown in italics) Public facilities: this land use category applies to areas for churches, schools, hospitals, continuum of care developments, government buildings, and utility facilities which, together with convention services, child care and information centers, are permitted. Accessory uses, temporary uses, arcades and game centers, cemeteries/mausoleums, clinics, commercial recreation, convalescent homes, OUTDOOR FARMERS MARKETS, fraternal or civic clubs, health clubs, plant nurseries, professional/business offices, solid waste stations, stables, veterinary services, and manufactured structures require use permit approval. The Zoning Code of the City of Litchfield Park, Section 28 Zoning Matrix/District Requirements Summary shall be updated with following permitted use requiring a Use Permit in the Public Facility (PF) District (additions shown in ALL CAPS, deletions shown in italics): FARMERS MARKET, OUTDOOR Section II. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. Section III. Providing for Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section IV. Providing for Penalties. Any person found in violation of any provision of this Ordinance shall be responsible for a civil violation, punishable by a fine as set forth in Article 1-8 of the City Code. Each day that a violation continues shall be a separate offense punishable as herein described. File: DOCS/Legal/Ordinances/ Farmers Market in PF

7 Ordinance 15- Page 3 of 3 PASSED AND ADOPTED by the Common Council of the City of Litchfield Park, Arizona, this day of, ATTEST: Thomas L. Schoaf, Mayor Carla Reece, MMC, City Clerk APPROVED AS TO FORM: Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C. City Attorneys By Susan D. Goodwin File: DOCS/Legal/Ordinances/ Farmers Market in PF

8 Meeting Date: December 8, 2015 To: From: Planning and Zoning Advisory Commission (PZ) Jason Sanks, Planning Consultant Subject: Citizen Review of proposed Text Amendment to Section of the Zoning Code of the City of Litchfield Park related to Yard Sales The City of Litchfield Park proposes to amend the Zoning Code language related to yard sales to state that an owner or occupant of a residential lot in a residential district may conduct a yard sale no more than two times within a calendar year rather than in a twelve month period. The specific ordinance language is presented in legislative edit as follows: Yard Sales The owner or occupant of a lot in a residential district may conduct no more than two yard sales in any twelve-month period CALENDAR YEAR. A sign permit for the yard sale is required pursuant to Section 35 SIGNS SUBSECTION TEMPORARY SIGNS. A yard sale shall not exceed three consecutive days. THIS SECTION SHALL NOT APPLY TO YARD SALES SPONSORED BY THE CITY. A Citizen Review meeting for this proposal was held at the November 10, 2015 PZ meeting. Staff recommends approval of the proposed text amendment to Section of the Zoning Code related to Yard Sales.

9 PZ CITY OF LITCHFIELD PARK ORDINANCE NO. 15- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF LITCHFIELD PARK, ARIZONA, AMENDING THE ZONING CODE OF LITCHFIELD PARK, SECTION 31 GENERAL PROVISIONS, BY AMENDING SUBSECTION YARD SALES RELATED TO PERMITS FOR YARD SALES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES BE IT ORDAINED by the Common Council of the City of Litchfield Park, Arizona, as follows: Section I. In General. The Zoning Code of the City of Litchfield Park, Arizona is hereby amended by amending Section 31 General Provisions, Subsection Yard Sales to read as follows (deleted text appears in strikeout; new text in ALL CAPS): Yard Sales The owner or occupant of a lot in a residential district may conduct no more than two yard sales in any twelve-month period CALENDAR YEAR. A sign permit for the yard sale is required pursuant to Section 35 SIGNS, SUBSECTION TEMPORARY SIGNS. A yard sale shall not exceed three consecutive days. THIS SECTION SHALL NOT APPLY TO YARD SALES SPONSORED BY THE CITY. Section II. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Section III. Providing for Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. File: ; Desc: Yard sales Sec ; Doc#: v1 S/Docs/Lgl/Ord/15 7 Yard Sale Permit Amendment

10 Ordinance 15- Page 2 of 2 Section IV. Providing for Penalties. Any person found guilty of violating any provision of this Ordinance shall be subject to the penalties set forth in Section 8 of the Litchfield Park Zoning Code. Each day that a violation continues shall be a separate offense punishable as herein described. PASSED AND ADOPTED by the Common Council of the City of Litchfield Park, Arizona, this day of, ATTEST: Thomas L. Schoaf, Mayor Carla Reece, CMC, City Clerk APPROVED AS TO FORM: Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C. City Attorneys By Susan D. Goodwin 2 File: ; Desc: Yard sales Sec ; Doc#: v1 S/Docs/Lgl/Ord/15- Yard Sale Permit Amendment

11 Meeting Date: December 8, 2015 To: From: Planning and Zoning Advisory Commission Jason Sanks, Planning Consultant Subject: South of the SWC of Wigwam Blvd. and Old Litchfield Rd. Use Permit for Verizon to replace an existing tennis court light pole with a new light pole and antenna array, with associated ground equipment, at the Litchfield Park Recreation Center BACKGROUND Verizon representatives first met with City staff in April 2015 to discuss possible means to achieve enhanced wireless 4G LTE service in the area surrounding downtown Litchfield Park. At that time, Staff discussed concepts for placement of the antennas in the area. Staff advised Verizon that new vertical elements (monopoles, etc ) would not be supported in the heart of the downtown area as they would have a negative aesthetic impact on its historic and pedestrian nature. Verizon explored the idea of doing building mounted antennas on the building at the immediate northwest corner of Wigwam Blvd. and Old Litchfield Rd. This was not supported by the City Council. The current request is to replace one of the tennis court light poles at the recreation center with a new one that can accommodate the Verizon antennas on top. Initially, Verizon sought to mount antennas to the sides of the building and house them in fiberglass shrouds which would appear like boxes on the side of the building. This was not aesthetically acceptable. A second option was to mount them on the roof corners and do corner fiber-glass pop-ups on the historic building. This was also unacceptable as they appeared unnatural to the building and tacked on. Ultimately, Staff worked with Verizon to explore a way to raise the parapet on the center of the building and create a more natural enclosure for the roof mounted equipment. This parapet would imitate/match the parapet on the building located immediately north of this one. It would also serve a dual purpose of screening the visible air condition units on the roof of the building. Ultimately, the City Council did not find this as a viable solution for expanding Verizon coverage in the area and referred the Verizon representatives to work with Staff on finding an alternative solution. The proposed location continues to be within Verizon s preferred search ring and is located south of the same intersection.

12 OVERVIEW Section of the Zoning Ordinance states that the purpose of use permits is to: a. Allow certain uses that would otherwise not be permitted in a zoning district due to negative impacts on adjacent uses and the community, so long as those uses comply with conditions of the use permit. b. Provide the process for periodic review of use permits to assure conformity of such uses to the public welfare. Per the exhibits provided by the applicant, the new pole will be located at the northeast corner of the tennis courts, along the Old Litchfield Road frontage. The intent is to remove the existing light pole and replace it with one of similar diameter but engineered to handle the additional load of the antennas on top of it along with the internal necessary conduit. The light pole pedestal and footings will have to be replaced and the area immediately surrounding the pole (paving and tennis court surfacing) will need to be restored to its current condition. The courts were recently refinished and Verizon acknowledges the importance to the City that they remained in a like new condition once this project is complete. The proposed light pole will utilize the same light fixture as current so night lighting on the courts will be identical to current. The current pole height of approximately 32 will be extended higher to accommodate the Verizon antennas which are 4 7 tall. Total height to top of antennas is 42 4, resulting in an overall 10 additional height from the current pole. A 24 diameter microwave dish will be located directly below the antenna array. Both the dish and antenna arrays will be visible along Old Litchfield Road. The proposed equipment cabinet will be located in the landscape area immediately north of the tennis court and abutting sidewalk. The 3 tall, 7 long cabinet will be placed just behind the existing park bench. SUMMARY Staff finds that the proposed expansion of Verizon s 4G LTE service downtown will be a benefit to Litchfield Park residents and patrons in the downtown area. While the installation will be visible along Old Litchfield Road, the current proposal will have the least visual impact on the community compared to the other alternatives explored thus far. STAFF RECOMMENDATION No recommendation is required by the Planning and Zoning Advisory Commission as this item is being presented for Citizen Review only.

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18 Meeting Date: December 8, 2015 To: From: Subject: Planning and Zoning Advisory Commission Jason Sanks, Planning Consultant Citizen Review for Village at Litchfield Park Cachet Homes PD Amendment for Development Standards revisions This project received zoning approval in December The approval included several exhibits that are tied to that zoning ordinance. These include the site plan, open space plan, wall plan, and building elevations for the project. The site plan had minor revisions through the first half of 2015 and the Final Plat was ultimately approved by the City Council on August 5, The proposed zoning amendment is related specifically to the development standards as presented on the site plan. The changes will not have a visual impact on the project, but rather establish new setbacks for the townhome (patio) units to accommodate the design of the community as already approved by Council. The project engineer recognized through the building of the project that there were conflicts between the existing development standards and the site plan related to building setbacks interior to the project. OVERVIEW The 28 acre development is under construction and located at the northwest corner of Litchfield Road and Village Parkway, within the Village at Litchfield Greens Planned Development. The proposal includes 167 total units resulting in a density of 6.0 dwelling units per acre. The developer, Cachet Homes, proposes a mix of three housing types for the project. Single family detached homes are located on the west side of the development, while a mix of townhomes and condominiums are proposed as the project extends east towards Litchfield Road. All units will be for sale. The applicant has provided exhibits that outline the site layout, general landscape themes, amenity areas, floor plans, and building elevations for the three unit types. The proposed preliminary plat reflects that the lots for patio/cottage homes and townhomes will be for sale and under the ownership and control of the homeowner. CC&R restrictions related to use and maintenance will still apply. GENERAL PLAN AND REZONING HISTORY This project received both a major General Plan Amendment and zoning approval in December The major General Plan Amendment established Medium Density Residential du/acre land use on the parcel. The concurrent rezoning request for Residential Cluster zoning with a Planned Area Development overlay was consistent with the land use designation. Furthermore, the approval included several exhibits that are tied to the zoning ordinance. These include the site plan, open space plan, wall plan, and building elevations for the project. The proposed amendment to this zoning case is the first since its approval at the end of 2014.

19 SITE PLAN/FINAL PLAT A revised Final Plat was approved for this project by the City Council on August 5, The layout indicates that the project will take primary access from Village Parkway with a gated entry. A secondary access point has been proposed for Litchfield Road that is a controlled entrance for residents only (no call box for guests), but serve as an exit for both residents and guests. Maintaining two entrances to this project is important, particularly by keeping direct access to Litchfield Road. Village Parkway is a narrow, divided collector with one-way traffic in each direction. The City Engineer is concerned with the additional traffic trips of this development on the unique traffic circulation pattern of Village Parkway. Focusing residents and guests to utilize the Litchfield Road access drive will help to alleviate traffic on the Parkway. Upon entering the community, residents will immediately face their primary amenity which staff finds desirable as they will associate their community with this feature. Turning left from this point will take residents into the single-family detached housing portion of the community. This area is generally defined by short cul-de-sacs that terminate just short of Village Parkway. SUMMARY Staff finds that the proposed amendment to the Cachet zoning approval has no visual impact on the project as approved by the City Council. Rather, the intent of the amendment is to align the setbacks within the project with the overall development intent. STAFF RECOMMENDATION No recommendation is required by the Planning and Zoning Advisory Commission as this item is being presented for Citizen Review only.

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21 DESIGN REVIEW BOARD/BOARD OF ADJUSTMENT UPDATE The following items were acted on November 5, 2015 Design Review Board Meeting: Litchfield Marketplace Center Camelback Road Safety Guardrail: The Board reviewed the proposed design for the safety guardrail that will be required along Camelback Road. It was noted that the Center s developer had revised the original design at Staff s request, and that the new design will offer the same strength and safety elements as required by the MAG standards, but will look nicer. It was also noted that the color was chosen so that the rail would not stand out. Staff recommended approval of the design with the condition that the rail be powder coated as the City will be responsible for maintenance of the rail. The design was approved with the condition that the rail be powder coated. 196 E. Campina: This application included plans to remodel the exterior of an existing home and to convert one of its two car garages into livable area. The proposed remodel would include changing the front arched windows to a rectangular shape, adding shutters, modifying the front porch entry feature in order to convert a portion of it to livable space, converting the side entry garage into livable space, stuccoing the exterior, and adding a brick veneer wainscot. It was noted that the front entry and remaining two car garage needed to relate more to each other and that the front windows seemed off center. The application was approved with the condition that the windows are to be centered under the existing archway, a gable detail is to be added over the garage door to match the home s front entry, and the final color scheme is to be provided to Staff for approval. 160 E. Estero Lane: This applicant was also seeking approval of design plans for a remodel of the exterior of an existing home and the conversion of one of its two car garages to livable space. Changes proposed included removing some of the exterior arch features from the windows, adding windows to the side wall of the remaining garage, refinishing the exterior with stucco and new paint, modifying the roof structure to provide additional interior height, and adding low courtyard walls to accent the entry. The application was approved with the condition that the final color palette is to be presented to City Staff for approval. 510 E. Fairway Drive: This home had previously received design approval to replace the existing damaged roof with asphalt shingles and for a change to the exterior finish and color. The new owner was now requesting design approval for a small addition, a new block fence wall, a change to the front entry door, and replacement of a sliding glass door with a regular window and sill. The application was approved. Prepared by Pam Maslowski