
Chandler Planning Commission Greenlights Tmaine Park Infill Rezone Amid Sewer Concerns and Procedural Objections
Chandler Planning Commission approved 6-lot infill rezone in Tmaine Park neighborhood (AG1 to AG1 P/A overlay) following neighborhood engagement but amid concerns over sewer tie-in obligations, procedural timing, and consensus representation.
Chandler Planning Commission Greenlights Tmaine Park Infill Rezone Amid Sewer Concerns and Procedural Objections
The Chandler Planning Commission voted 5–1 on June 3, 2026, to recommend approval of a rezone and preliminary development plan for a 6.05-acre site at Arizona Avenue and Guadalupe Road, paving the way for six single-family lots in the long-stalled Tmaine Park neighborhood. But the decision—while praised as infill development that mirrors existing character—left unresolved a contentious sewer tie-in obligation, a procedural challenge from a resident questioning whether rezoning should precede builder identification, and Commissioner Schwarzer's concern that the southern lot configuration appears "forced."
The case, PL2506, will advance to City Council for final approval. Staff committed to addressing landscaping and traffic-visibility requirements during the plat and design phases, and Commission Chair Koshel encouraged (without mandating) the applicant to install future sewer stubs to four affected neighboring properties—a move praised as forward-thinking by those who understand the cost and disruption of retrofitting.
Key Speeches
"Even though someone has a pre-existing non-conforming grandfather lot, oftentimes it bugs them that their lot doesn't comply with their current zone. And there's always the risk that when you come in to amend or change a structure, if it's not within the setbacks, you got to modify that structure to conform." — Andrew Miller, Attorney for Applicant (Ray Law Firm)
"Approving rezoning now merely transfers the burden of review to a future party and risks repeated piecemeal review of the same lots. I respectfully urge the commission not to advance rezoning in this instance because the applicant has stated he does not intend to build on the subject property." — Robin Anderson, Resident, 248 East Campbell Road
"I want to see the characteristics of Mr. Babcock's PA be a template that could lay across the neighborhood if neighbors wanted to be PA overlaid with AG1. They could become conforming." — John Webster, Resident, 324 East Tmain Drive
"generally I think that it's a good plan. Um with the exception that lots B5 and B6 feel a bit forced and I would urge us to reconsider maybe leaving that as a larger lot in that case." — Commissioner Schwarzer
"I would encourage Mr. Babcock and your team to work with those neighbors and to fully understand and help those neighbors understand what that benefit may be for them in the future." — Chair Koshel, regarding sewer stub installation for F1–F4 properties
Timeline
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Staff presentation: Darcy outlined the 6.05-acre site (currently AG1), the applicant's request to rezone to AG1 P/A with lot-size and sideyard deviations, and the sewer feasibility evolution—from 35–36 potential tie-in lots down to 12, then finally to 4 (F1–F4) after public works re-review.
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Applicant presentation: Andrew Miller detailed two neighborhood meetings (August 13, 2025, with 37 attendees; April 26, 2026, with 19 attendees), the termination of a 20-year payback agreement, and the rationale for the panhandle lot orientation for lots 5–6 to reduce view impact and create separation.
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Public comment: Four speakers—Gail Deal (supportive, longtime resident noting dirt lots mar neighborhood), John Webster (supportive with template proposal for broader PA overlay), Robin Anderson (opposed, citing procedural impropriety and lack of true neighborhood consensus), and Zoe Alto (traffic-safety concern regarding wall obstruction at Arizona Avenue and Campbell intersection).
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Council discussion: Commission asked about driveway width (20 feet confirmed), wall landscaping (applicant noted ADOT-owned retention basin; staff clarified Arizona Avenue is now city-owned and subject to landscaping requirements), lot 5–6 configuration (Commissioner Schwarzer expressed concern; applicant defended orientation), and sewer stub installation (staff requested; applicant open to code-required approach). Chair Koshel emphasized future coordination with F1–F4 neighbors on optional stub connection.
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Vote: 5–1 approval. Yes: Chair Koshel, Vice Chair Billstein, Commissioners Quinn, Schwarzer, Ducharme. No: Commissioner Gothier. Commissioner Galo absent (excused).
Opposition
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Number of speakers against: 1 (Robin Anderson); however, John Webster's nuanced support included requests for modifications, and Zoe Alto raised a traffic-visibility concern.
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Main concerns:
- Procedural impropriety: Rezoning before actual owner-builder identified transfers review burden to future party and risks piecemeal re-review if buyer changes plans.
- Lack of true neighborhood consensus: 19 second-meeting attendees do not represent 80+ homes in neighborhood; applicant's claim of consensus overstated.
- Sewer tie-in obligation exposure: Four families (F1–F4) may face $7,500–$8,000 connection costs if septic fails; residents not consulted in original sewer development plan.
- Lot 5–6 configuration: Panhandle orientation appears constrictive; alternative consolidation as single larger lot should be reconsidered.
- Wall landscaping deficit: 8-foot wall on Arizona Avenue will appear stark without softening; traffic-safety risk if wall obstructs sight lines at Campbell/Arizona intersection.
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Most compelling arguments:
- Robin Anderson's procedural point resonated with the commission's extended questioning about lot configuration and future builder flexibility, though ultimately did not prevent approval.
- Traffic-safety concern (Zoe Alto) prompted immediate city traffic engineer commitment to address visibility during design review, suggesting the commission took the issue seriously.
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Organized groups: None formally opposed; however, Robin Anderson spoke as an individual resident, while John Webster assembled neighborhood feedback through two informal meetings with 20–25 property owners.
Support
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Number of speakers in favor: 2 (Gail Deal, John Webster; Josh Steele and Megan Webster offered time but declined to speak).
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Main points:
- Infill development superior to alternatives: Single-family lots mirror existing neighborhood character far better than previous proposals (townhomes, commercial, church use) that have cycled through since 1967.
- Consistent with neighborhood lot sizes: Proposed 33,000–38,000 sq ft lots align with existing legal non-conforming lots (many below 1 acre); maintains rural-agrarian character.
- Meaningful noise and visual buffer: 8-foot wall, landscaping, and buffer setbacks will screen Arizona Avenue traffic and noise from existing homes, enhancing livability.
- Responsive to neighborhood feedback: Applicant changed from SF33 to AG1 P/A overlay based on resident objections to specific-plan uses; reduced sideyard setbacks to 15 ft per neighborhood suggestion.
- Sewer payback obligation terminated: Applicant extinguished 20-year payback agreement affecting up to 35 homes, reducing future financial burden; sewer tie-in obligation narrowed from 12 lots to 4 due to engineering analysis.
- Template for neighborhood-wide conformity: John Webster articulated that Babcock's PA parameters could serve as a model for broader neighborhood application, allowing existing non-conforming lots to become conforming if residents choose to pursue amendment.
- Long-stalled site finally developable: Property unused since 1967; applicant's 4-year effort and clear development proposal offer realistic path to productive use and end to "brown dirt lots."
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Most compelling support:
- Gail Deal's personal testimony about disposition of his own two-house property and lack of development flexibility under current zoning, mirroring concerns that could affect other legacy residents.
- John Webster's template concept, which reframed the rezoning not as an outlier variance but as a potential catalyst for neighborhood-wide code conformity—a point that resonated with commissioners and may encourage future PA overlay petitions.
Project Details
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Case number: PL2506
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Applicant / developer: Ross Babcock, Babcock at Prevvis LLC (owner); no builder identified at time of approval.
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Attorney: Andrew Miller (Virgin Craolo, 1850 North Central 1700)
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Engineer: Kurt Johnson, CVL
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Location / address: Arizona Avenue and Guadalupe Road, approximately 0.5 miles north of the northeast corner of Arizona Avenue and Elliot Road; within Tmaine Park subdivision (originally platted 1967, annexed by City of Chandler 1988).
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APN: Not stated in transcript.
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Current zoning → Proposed zoning: AG1 (Agricultural District 1) → AG1 P/A (Agricultural District 1 with Planned Area overlay)
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Density / units / square footage:
- Site: 6.05 acres
- Six single-family residential lots
- Lot sizes: 33,000–38,000 sq ft (approx. 0.76–0.87 acres)
- Comparison: existing lots in Tmaine Park predominantly less than 1 acre
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Changes from previous version:
- Initially proposed SF33 zoning; neighbors objected to specific-plan uses, applicant agreed to AG1 P/A overlay instead.
- Applicant agreed to 15-foot sideyard setbacks (vs. standard 30-foot AG1 requirement) per neighborhood feedback.
- Applicant extinguished 20-year sewer payback agreement (original term 2017–2037) before second neighborhood meeting.
- Sewer tie-in obligation reduced from 12 lots to 4 (F1–F4) following public works re-analysis of pipe size and elevation constraints.
- Lot 5–6 orientation changed to panhandle configuration (east-west facing, shared 20-foot driveway access) to reduce view impact on nearest neighbor and minimize driveway proximity to Arizona Avenue.
Vote Breakdown
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Final: 5–1 approval
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Yes: Chair Koshel, Vice Chair Billstein, Commissioner Quinn, Commissioner Schwarzer, Commissioner Ducharme
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No: Commissioner Gothier
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Abstentions / absences: Commissioner Galo (excused absence)
Outcome & Next Steps
The Planning Commission voted to recommend approval of PL2506 to the City Council. The rezone from AG1 to AG1 P/A with deviations for lot size (33,000–38,000 sq ft vs. 43,000 sq ft minimum) and sideyard setbacks (15 ft vs. 30 ft) will now proceed to City Council for final determination.
Conditions and action items:
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Wall landscaping and setback: City staff reaffirmed that Arizona Avenue—now city-owned—is subject to Chandler street-furniture landscaping standards. Applicant must provide landscaping buffer on the 8-foot noise wall during final design phase.
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Traffic safety at Arizona Avenue and Campbell intersection: City traffic engineer committed to ensuring wall does not obstruct sight distance; wall will be chamfered or set back as needed during design review to maintain sight lines for turning movements.
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Sewer stub installation for F1–F4 properties: Chair Koshel encouraged (not required by stipulation) the applicant to coordinate with neighbors on F1–F4 and install service stubs to property lines during construction, creating future connection options without requiring street excavation if septic systems fail. Applicant indicated flexibility on code-required approach.
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Subsequent plat and design review: Staff will review preliminary and final plats, construction plans, easements, and site-visibility requirements to ensure conformance with AG1 P/A standards and city code before permit issuance.
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Potential neighborhood-wide PA overlay: John Webster indicated intent (outside this application) to explore a broader PA overlay amendment for Tmaine Park neighborhood using Babcock's standards as template, with possible modifications (31,600 sq ft minimum lot size, 15-foot rear setbacks, 50% lot coverage). Staff noted this would require separate neighborhood application process.
Controversies & Context
Sewer Tie-In Obligation for Four Neighboring Properties (F1–F4)
The most persistent concern was the residual obligation for four neighboring properties to connect to the sewer lateral if their septic systems fail. Background:
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Applicant Ross Babcock installed the sewer lateral at a cost of $313,000 to facilitate development; original sewer agreement (2017) included a 20-year payback obligation through 2037 affecting up to 35–36 lots. Payback amount was approximately $7,500–$8,000 per home.
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After the first neighborhood meeting (August 2025), Babcock agreed to extinguish the payback agreement entirely, eliminating future cost-recovery obligations.
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Subsequent engineering analysis (conducted by public works and utility staff) reduced the number of properties that could be required to connect from 12 to 4 (F1–F4), based on sewer pipe size and elevation constraints.
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City code requires properties within 300 feet of available sewer to connect if septic fails or requires expansion; however, connection cost (service stubs, manhole installation, line extension) remains the responsibility of the property owner.
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John Webster argued in public comment that residents were not consulted in the original sewer plan and suggested the city create an optional "do not serve" letter to preserve septic-repair alternatives. City staff (through Chair Koshel) declined to carve out an exception, citing consistency concerns and policies favoring sewer-system connection; however, Koshel encouraged the applicant to install stubs now as a courtesy option rather than a binding obligation.
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No formal stipulation requiring stub installation was added; the Commission noted it as a best-practice discussion item for future coordination.
Procedural Concerns: Rezoning Before Builder Identified
Robin Anderson challenged the propriety of approving a rezone when the applicant (Babcock) explicitly stated he does not intend to be the builder—instead, he expects to sell the rezoned, platted lots to other developers. Anderson argued:
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Rezoning for a speculative owner rather than the actual owner-builder delays full vetting of the actual development plan and risks "piecemeal review" if future buyers propose material changes.
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The Commission should defer rezoning until the final owner-builder is identified and committed.
However, the Commission proceeded with approval, noting that the plat and design-review process would occur later and would catch any material deviations. Chair Koshel outlined the post-rezone steps: preliminary plat, final plat, and construction-plan review, all of which would ensure conformance with the approved standards before permits issue. The Commission appeared satisfied that this multi-stage review would adequately protect the neighborhood.
Competing Neighborhood Preferences for Lot Size and Setbacks
John Webster's detailed memo, presented to the Commission, proposed alternative standards more aggressive than the applicant's request:
- Minimum lot size: 31,600 sq ft (vs. applicant's 33,000 sq ft)
- Rear setbacks: 15 feet on Arizona Avenue side (vs. applicant's standard 40 feet)
- Lot coverage: 50% (vs. applicant's 40%)
- Sideyard setbacks: 15 feet (same as applicant)
Webster framed these as a template for neighborhood-wide PA overlay amendment, allowing existing non-conforming lots to become conforming if residents voted to participate. However, staff and applicant did not adopt Webster's stricter rear-setback proposal, preferring the larger 40-foot buffer between Arizona Avenue and residential structures. Commissioner Schwarzer and staff both noted that 40-foot rear setbacks preserve open-space separation and accommodate future site additions; increasing lot coverage to 50% would consume that flexibility.
The Commission did not formally approve Webster's alternative standards but acknowledged them as a potential future neighborhood initiative outside the current application.
Lot 5–6 Configuration and Driveway Access
Commissioner Schwarzer expressed concern that the southern lots (5–6), configured as a panhandle with a 20-foot shared driveway, appeared "forced" and suggested reconsidering them as a single larger lot. The applicant defended the panhandle orientation:
- Separates the nearest existing neighbor (F4) from a continuous wall or sideyard; neighbor preferred seeing two different homes rather than one long wall.
- Reduces driveway visibility from Arizona Avenue by positioning driveways to the rear rather than street-facing.
- Creates east-west lot orientation consistent with surrounding lots.
However, the applicant acknowledged flexibility on driveway access (shared vs. separate) pending builder decision, and noted that the configuration was responsive to neighbor feedback. Schwarzer did not object to the approval motion despite his stated concern, suggesting his unease did not rise to a blocking issue.
Wall Landscaping and Traffic Visibility
Commissioner Schwarzer requested landscaping buffer on the 8-foot Arizona Avenue noise wall to soften its appearance. The applicant initially noted that the land beneath and adjacent to the wall is ADOT-owned retention basin property, making landscaping impractical.
However, staff corrected this: Arizona Avenue is now city-owned (not ADOT), and landscaping is required per Chandler street-furniture standards. Staff committed to enforcing this requirement during the design-review phase.
Additionally, resident Zoe Alto raised a traffic-safety concern: the 8-foot wall might obstruct sight lines for drivers turning left out of Campbell Road onto Arizona Avenue, or obscure oncoming bicyclists from the canal. City traffic engineer immediately committed to addressing this during design review, confirming that walls will be chamfered or set back to maintain required sight distance—a response that satisfied both the commission and the resident.
Broader Neighborhood Consensus and Representation
Robin Anderson disputed the applicant's assertion that the neighborhood is in consensus. She noted that 37 attendees at the first meeting and 19 at the second do not represent the 80+ homes in Tmaine Park. Andrew Miller responded that the applicant held two well-attended neighborhood meetings, made responsive design changes, and worked closely with neighbors like John Webster—but neither Miller nor the Commission quantified what percentage of the neighborhood actually supported the rezoning. This ambiguity—whether 19 or 37 people represent a neighborhood-wide preference—remained unresolved in the record, though the Commission approved the application based on its consistency with existing character rather than a count of affirmative votes.
State Preemption and Takings Concerns (Prop. 207)
Andrew Miller raised but did not fully litigate Arizona Proposition 207 (Private Property Rights Protection Act) concerns in connection with the potential neighborhood-wide PA overlay. He noted that implementing a blanket PA standard across the entire neighborhood might trigger takings claims from non-participating residents whose property use is restricted. However, he indicated that if neighbors voluntarily petitioned for a similar amendment, the Prop. 207 risk would diminish. No formal analysis of Prop. 207 implications was presented to the Commission.
Duration
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This item (PL2506): Approximately 90–120 minutes (staff presentation, applicant presentation, public comment, commission discussion, vote)
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Total meeting: Approximately 140 minutes (including Rick Hume retirement recognition, consent agenda, member announcements)
Other Notable Items
Rick Hume Retirement Recognition: The Commission honored Planning Commission Chair Rick Hume, who is retiring after 26 years of service (since September 2000). Staff noted his consistent high standards for development design, his advocacy for neighborhood protection, and his review of countless projects spanning single-family subdivisions, multifamily developments, commercial centers, data centers, and industrial uses. Hume was presented with a plaque and an AI-generated image depicting him as a superhero protecting Chandler from "monsters" representing bad design (blank walls, data centers, ugly signs, giant parking lots, inappropriately designed drive-throughs). The recognition underscored the Commission's culture of design-quality scrutiny, which likely influenced its approval of Babcock's infill project as a thoughtful alternative to previous speculative proposals.
Consent Agenda (Items 2, 4, 5, 6): Approved 6–0 with no public comment.
View source transcript ▼
Source: City of Chandler Planning & Zoning Meeting 6/3/2026. Auto-generated YouTube transcript; may contain transcription errors.
Goodbye. We'd like to call the meeting of the We'd like to call the meeting to order. Thank you so much everyone for coming tonight to our planning and zoning commission, city of Chandler uh for June 3rd of 2026. We will start with a roll call, please. Chair Koshel here, vice chair Billilstein here. Uh Commissioner Quinn here. Commissioner Galo, Commissioner Schwarzer here. Commissioner Ducharm here. Commissioner Gothier here. You have quum. Thank you very much.
And as mentioned in our study session, Commissioner Gala has um an excused absence for this evening. We will start our meeting off with our pledge of allegiance. Mr. Schwarzer. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Great. Thank you very much. All right, ladies and gentlemen, uh members of the audience may address any item on the agenda.
State statute state statute prohibits the board or commission from discussing any item not on the agenda, but we do listen to your concerns and we may have staff follow up on questions you raise. Is there anyone in the audience who would like to address the commission regarding an item that is not on our agenda tonight? All right, seeing none, we will move on in our agenda to a special recognition at this point in time.
Um, I'd like to welcome David forward to um say some statements about our longtime longstanding uh planning commission chairman, Mr. Rick [clears throat] Hume. So, David, you have the floor. Thank you. Uh, chair, as I was preparing for this recognition um for for Rick Hume, I was looking back at our records um to find out when Rick's first meeting with the planning and zoning commission was, and it was September of 2000, so 26 years ago.
When Rick first joined the planning and zoning commission, it consisted of members uh Mike Perry, Phil Ryan, and Mike Flanders, among others. At that time, Chandler was growing exponentially and the agendas were pages long and meetings often ran into the late hours of the night. The commission at that time was like the A team that was equally feared and respected by all developers for holding all developments up to a high standard and not settling for subpar or mediocre designs.
And the result is clear when you drive around the beautiful city that Chandler is today. More recently, the city has been approaching buildout. We're at about 94% buildout right now, and the number of cases have slowed down, but Rick never lowered his standards for developments in Chandler.
In his second appointment to the planning and zoning commission after being termed out for running for council, Rick led the the planning and zoning commission with passion and drive to protect neighborhoods, to protect uh or promote economic development, and make Chandler the best city that it is uh and the best city to live in.
As a commissioner, Rick reviewed countless single family subdivisions, multifamily developments, gas stations, drive-throughs, commercial centers, data centers, industrial developments, office complexes, use permits, and entertainment use permits, and guided staff through many, many zoning code amendments, area plan updates, and three major general plan updates.
On behalf of the city of Chandler planning staff, I'd like to thank Rick Hume for his leadership, his passion, and for his many years of service, all of which have had a lasting impact to the city of Chandler. In a minute, I'd like to ask Rick to come up and receive a plaque that we made for him. Um, but I also like to give them a picture that is framed. Uh, one of our planners also made an image using AI that depicts Rick as a true guardian of Chandler. So, it shows Rick as a superhero.
He has a [snorts] um so he has a a superhero uh suit on with PZ on his chest um and the city logo on his belt. He's holding a shield with words community character, scale, quality, compatibility, and signs. Signs was always a big thing for Rick. [snorts] Um, and in the image, he's Rick is protecting Chandler from monsters that are in the form of buildings on the right hand side of the image. And on those buildings, it says boring architecture, which really is meant to say blank walls.
Rick was never a fan of blank walls. uh data centers, ugly monument signs, giant parking lots, and uh inappropriately designed uh drive-throughs. So, with all of this, um Rick, I know this isn't very much, but thank you for all your years of service and uh we're very appreciative of everything you've done for Jama Yeah. [applause] Got a couple here. Smile. [clears throat] Thank you, Rick. Yeah.
I'm not sure that I could have said it better, but absolutely appreciate all of your involvement and guidance, frankly, for all of us who have been here for um just a short period of time as compared to all of the engagement and involvement you've had over the years. So, thank you so much for everything. And if anyone has any other comments or those commissioners online, um speak now or forever hold your peace. I guess I just want to Kevin here.
I've been involved and stuff and hope the commission learn what we've worked so hard for in general. Wonderful. Thank you. Thank you everyone. Thanks David. All right. Um, so we'll move now on to the consent agenda. Uh, for those of you who may not have been here for our prior study session, please note that item three, the reasonzoning of Arizona Avenue and Guadalupe Road preliminary development plan has actually uh been pulled to our action item agenda.
But for the consent agenda, um the items listed two, four, five, and six uh were discussed during the study session held prior to this meeting, and the commission will vote on all of these items on the consent agenda together in one motion and one vote. If there's anyone in the audience who would like to speak on any of the items on the consent agenda before the commission's vote, please indicate your desire to do so now. Yes ma'am.
Well, I'm [clears throat] not sure if that's I'm not sure if this is like the proper time because I don't totally understand all of the action agenda, consent agenda. Okay. Um points, but I do want to speak about the planning and zoning for number three, the Arizona Avenue, Guadalupe Road. Wonderful. So, I'll get to that in a moment. You'll definitely have a chance for that. Wonderful. But is there anyone who'd like to speak on the other consent agenda items two, four, five, or six? Okay. Okay.
Great. Um, therefore, is there a motion for the consent agenda? Okay. Commissioners, uh, what is your pleasure? Is there a motion for the consent agenda? Chair. Oh, I'd like to make a motion to approve the agent as the consent agenda items 2, four, five, and six. Thank you, Commissioner Schwarz. Is there a number six on the consent? I'm not seeing a six here. I think you're perhaps still on the um study. Oh, thank you. Sorry. That's the difference. Thanks.
So, we have a motion to approve consent agenda items 2, four, five, and six. Is there a second? Second. Thank you. We have a motion, a motion and a second to approve consent agenda items again 2, four, five, and six. All in favor? I opposed any abstain. Okay, motion passes six to zero for approval of the consent agenda. All right. As mentioned, we are moving item three, the reasonzoning PDP of Arizona Avenue and Guadalupe road to action item agenda.
We will move um or we will start off with our staff presentation at this time from Darcy. Good evening, Planning and Zoning Commission. Before you today is PL2506 Arizona Avenue in Guadalupe Road. The subject site is approximately 6.05 acres and is located half a mile north of the northeast corner of Arizona Avenue and Elliot Road. It is currently zone Agricultural District or AG1. The request is for a reszoning from AG1 to AG1P AAD for deviations in lot size and setbacks.
There's also a preliminary development plan for the layout of six parcels ranging from 33,000 to 38,000. Some contextual background for Tain Park, the subdivision it's located within. In 1967, it received preliminary plat approval and developed in Maricopa County. And in 1988, it was annexed into the city of Chandler.
The lots that were below an acre at the time of annexation became legal non-conforming and the entire subdivision receive sewer in the form of septic tanks which will be relevant a little bit later in the presentation. Zoning code requires that a property zoned AG1 be a minimum of 1 acre to build and most of the lots that are below the 1 acre requirement became legal non-conforming.
The applicant is proposing to split the four parcels into six lots with lot sizes that are consistent with the rest of the neighborhood. The intent of this proposal is to maintain the rural agrarian qualities of Tmaine Park neighborhood. And as you can see on the image on the right, the proposal is for six single family lots ranging from the 33,000 to 38,000 square ft.
The applicant is requesting a deviation in the minimum lot size allowed under AG1 and a reduction in sideyard setbacks to 15 ft as shown in the red boxes below. All other AG1 requirements and allowances will remain in place which includes permitted uses, agrarian uses, front and rear setbacks and lock coverage. The request was noticed in accordance with the requirements of the city zoning code and the applicant held two neighborhood meetings.
The first neighborhood meeting was held on August 13, 2025 and there were 37 residents in attendance. The neighbors were concerned about the request to reszone to SF33 due to the uses permitted by use permit section. The applicant agreed to reszone to AG1 with the P A overlay for the reduced setbacks. So, some sewer background. The neighbors were concerned about the applicant having brought in a sewer lateral to the neighborhood and the proposal to extend it farther into the neighborhood.
Any property within 300 ft of the sewer would be required to tie into the sewer should their septic system fail or need to be expanded. This could create a daisy chain effect to encompass a large portion of the neighborhood. The properties would be required to pay a significant amount as part of the buyback agreement with the owner of the property.
The owner extinguished, sorry, the owner agreed to extinguish the buyback agreement and clarify which lots would be affected by the additional sewer being added to the neighborhood. So, a second neighborhood meeting was held on April 26 22nd, 2026, and 19 residents attended. The residents were pleased with the changes they requested for AG1 and were okay with the reduced setbacks.
And the applicant presented the termination of the sewer buyback agreement and showed a sewer feasibility memo that showed 12 lots that would be required to tie into the sewer lateral and that's shown in the image on the left.
Following the second neighborhood meeting, public works and utility staff re-reviewed the sewer feasibility agreement and determined that the sewer extension would be reduced from 12 to only four homes on the east side of Washington Street due to the size of the pipe and the depth of the sewer. The applicant has been asked to rework the sewer feasibility memo to reflect the new findings to be attached to the council memo and I have received that as of just this afternoon.
As of today, staff has received four letters of opposition and two letters with a few proposed changes as depicted in the agenda memo before you. Staff finds the proposal is in conformance with general plan and existing zoning. The proposed lot sizes are consistent with existing lot sizes and the proposed land use is a continuation of the existing land use. So staff recommends approval of the request with stipulations and that concludes my presentation. Thank you, Darcy. Appreciate that.
Um, planning commission, I'll open it up. Um, oh actually hold on. I'm going to invite the applicant up, right, Tom? Um, you could have planning commission ask questions of staff. That's fine. At some point, then you I do have a question of staff. So, am I allowed? No, time. Y Yeah. Okay. Um, Commissioner, does anyone have any questions for Darcy is what I guess I'm asking. Sure. Yes. One quick question for lots five and six that are shown on that site plan.
What's the width of that driveway that they're showing to access lot six? It it looks a little tight to me and um it just feels a little force for that those two lots squeezed in there for the south corner of that property. You're the chair commissioner. I'm not entirely sure the width of that. Um, the applicant is here and is giving a presentation next, so Okay, they'll be able to address that in a minute. Okay. Uh, Tom or Dan, do either of you have any questions for Darcy at this time?
Chair, this is Dan. A quick question. Go for it. Darcy, you mentioned the extinguishment of the I think you called it the buyback agreement. Um, do you do you know or could you inform us if there's any economic effect to those remaining four lots in the absence of the buyback agreement? Yeah, through the chair. I'm looking to our planning manager over here. Um, so yes, through the chair commissioner. Um, [clears throat and cough] so essentially the the buyback agreement was extinguished.
So those four lots would not have to pay into that buyback agreement. However, there would still be fees from the city to tie into the sewer. Does that answer your question? It does. Thank you. Sure. Yes. Clarifying question. So, does that mean those homes have the option in the future if they're if there's a problem with their septic system to to connect to it, but they're not obligated to?
Uh through the chair, Commissioner Quinn, uh if their septic fails, um they would have they would be required by city code to tie into the sewer at that time, but not the buyback agreement, just the charges for connection. Correct. Thank you. Um, thank you. And so, Darcy, I just wanted to address the last bullet point that I think you have up here on the screen. So, we did receive your your memo here. Um, can you and given the amount of time, there's a significant amount of information here.
You mentioned here in your last bullet point, um, two letters with a few proposed changes. Do you can you enlighten us a bit on what the what you mean by that? Two letters with a few proposed changes to the chair. Um it came from a resident named John. Um some of his main requests were essentially stating um actually lesser setbacks than what is required in AG1. Um so he would he requested that the rear yard setback would go from 40 feet to 15 feet.
Um the front yard would increase from 20 to 25. The minimum lot size would go from the 33,000 to 31600. And then maximum lot coverage increase from 40 to 50%. And his reasoning was that so that it matches more so with what's existing in Trimmy Park currently. Okay. And okay, I think I have a speaker card for Mr. Webster. So, I'll go ahead and ask him more perhaps when he comes up. Okay. Yes. Go ahead.
Um, so obviously in this little clip that's currently up, all of the homes in the existing neighborhood are less than an acre. How many of the homes are in the 33,000 or 3/4 of an acre range? And how many are below that? And if they're existing, wouldn't they have already been grandfathered in as as buildable lots? You're the chair. Um, so the lots that are existing that are below an acre were annexed into the city that way. So there they were allowed to be.
So um, the lots that they are proposing today are coming in after the fact. So they would have to meet our current code requirement of the minimum of an acre, which is why they're requesting the deviations. um follow. Yes. So, but but the I think it's a John Webster memo uh indicates that there are lots that are as low as 31600 in the existing property, but that would already be approved as buildable 31600, right? Yes, that's the case because it would be the legal non-conforming. Okay.
Thank you. And uh chair, if I could clarify, the requests are only for the request today for P A1 P A really um only affects the proposed lots one through six. It does not affect any of the existing lots in the neighborhood. And so like like you said, those are legal non-conforming. Um they can build on them. Um they're they're zoned AG1, so they abide by the AG1 standards and AG1U rules.
Um, but the the the standards that we're considering today are really only applicable to lots one through six as proposed. Understood. Thank you. Thank you, Darcy. Um, we'll now go ahead and call up the applicant for their presentation. Uh, thank you, Chairman Co, members of the plan commission. My name is Andrew Miller. I'm [clears throat] an attorney with the law firm Virgin Craolo located 1850 North Central 1700.
I'm here representing Bab Babcock at Prevvis LLC or I should just say Ross Babcock. Ross is over here in the front row. There he is and his wife with him. Also with us today is Kurt Johnson from CVL um who did a lot of the work on the engineering on the sewer as well as some of the planning and the documentation. Um we have had uh two pretty well attended neighborhood meetings. We did them right there at Arizona Avenue Baptist Church. Pretty convenient. And um we we united the neighborhood.
Everybody came together. Uh at first there was a lot of um concern just because these properties have been through other pre-development proposals in the past. Some for town homes, some for commercial uses. Uh churches had been interested in these parcels in the past. Uh Mr. Babcock originally purchased the central lot back in 200 I think six um for a friend who wanted to put a butterfly farm and so he thought it'd be a good community amenity. His friend was going to lease the parcel.
He closed on it and then his friend had to back out of lease because was not allowed under the zoning. That was something they had not verified. And so he's owned this property for a long time and uh and uh has tried [clears throat] to do something with it.
And I think this proposal uh more than anything will probably bring some certainty and a and a realistic development um scenario to these properties so that they'll finally get built on and no longer be um the brown dirt lots that they are today. Um this is a aerial of the site as you can see as staff has talked about it's uh it's very green in this area. uh kind of a unique property. Termaine Park originally developed as a county island with large lots.
We'll talk about the lot sizes in a little bit. And you can see in the far um uh eastern edge here, the southeastern corner uh is the I'm sorry, southwestern corner is the the property uh three lots primarily. It says four. That's because um one of the prop one of the parcels, the one that's furthest to the north, lot 17. At one time, part of that was condemned by AOT for some drainage uh off street drainage purposes for Arizona Avenue.
Uh they I guess condemn more than they needed and agreed to sell some of it back to Mr. Babcock. Uh and it's separate parcel because that transaction we still consider it one. So we're looking at basically three parcels. They're each about 75 to 77,000 square feet that will be split into um basically three um six um 35,000 to 30 7 37 to 33,000 square foot lots. Um it's currently zoned AG1 um in the town in the city of of Chandler and the proposals to do AG1 P A.
Um on the way here in discussions with staff initially um we started back in 2022 on on this application um there was a desire to do a PDP do a full subdivision do street lights curb gutter sidewalks retention basins a new HOA just for these six lots to maintain a detention basin and we came back and staff worked with us over time to look at what can we do that maybe mirrors this actual subdivision.
we put curb gutter sidewalks, street lights, it would not look like the rest of Termaine Park and they would hate us. And so, uh, we worked with staff quite a bit to see if we can whittle down to street landscaping, uh, street widths and other improvements that look like the rest of T park. Um, this is the original subdivision lot layout. As you can see on the left, there were uh, 46 different lots. Um, our lots are lots 17, 31, and 46 at the bottom left corner.
Of those, um, original 46 lots, almost all of them have been split. Uh, the blue star on the on the right hand side, that is the church parcel. Um, oh, you're only seeing this slide. There we go. Okay. Uh, your presentation shows both slides, though, anyway. Thank you. That's kind of helps you do a preview. Uh, the blue star is the church. That's a commercial parcel. Stay the same.
The three black dots or stars are um the Babcock Dreson parcels and the six I'm sorry five red stars are the five lots that are still over 1 acre in size. As you can see the the vast vast bulk of these parcels have all split to be less than 1 acre size. I believe most of those were split back before the property was annexed in the 1980s by uh the city of Chandler and they've remained in those same lot sizes ever since. Um there is an interest by the neighborhood. Mr.
Webster has I think submitted a pretty detailed memo and talk to some of those neighbors that they would like to they asked us can we amend ours and include everybody and we said well that'd be hard to do there's I was concerned as about Prop 207 issues at the end of the day kind of get every single person to sign a waiver um and we'd have to go back to square one but I think um what the neighbors someone would like to talk about is that after this application they'd like to look at maybe doing something to take the rest of the whole subdivision if they can get everybody to agree to do something that would amend the standards would be similar to what we are asking for today.
Maybe maybe a little more aggressive. And the primary concern is that then the zoning would match what's actually built in the subdivision. And even though they're pre-existing non-conforming, by way of background, I spent 30 years as a municipal lawyer, eight years as a senior deputy in Poria and 22 years in Paradise Valley. And even though someone has a pre-existing non-conforming grandfather lot, oftentimes it bugs them that their lot doesn't comply with their current zone.
And there's always the risk that when you come in to amend or change a structure, if it's not within the setbacks, you got to modify that structure to conform. So, I think they're looking as a neighborhood to say, is there something we can do following your application uh to say, let's make the rest of the neighborhood also a P A an AG1 P A district with with certain standards. And I think that's what you'll see from the the memo from Mr. Webster.
We appreciated his support as well as his his comments. Um, and as you can see next, uh, these are the lots we're talking about. Um, there is a lot of interest in the first four, one, two, three, four at the top, and we're still looking for a buyer. We've got two people ready to purchase those offers, but they've said, "We don't want to have to go through the zoning process and spend that money um just because it's speculative and it takes time." And we've been in this for since 2022.
So, it's been about four years just to get to this point. Um, we're hopeful we can get an approval recommendation tonight and move on to the council so we can do that. And the biggest benefit I think of this application is one, it mirrors the rest of the neighborhood. If you look at the rest of the lots across the street, they'll be pretty much the same size and the same type houses, the same setbacks.
Um, I think another really large benefit um is that um this development will wall off through houses, through landscaping, through 08 wall. uh these homes were having to look at Arizona Avenue every time they come into the subdivision and for some of the homes that's that's their their view is out towards Arizona Avenue. I think it'll give something attractive rather than the dirt and the cars whizzing by and the noise that exists today. Um part of our proposal is to do an 8ft wall.
We had started with six foot. Some of the people said you ought to do eight. We looked at seven, talked about internally and said you know if eight gives a better noise buffer uh we'll do that. So, one of the stipulations is before we can do any of the lot splits, we'll have to go ahead and build that wall. And so, that'll be built fairly early. The nice thing will be one consistent wall built um all at the same time. Uh so, it'll give a consistent look all the way down Arizona Avenue.
Um this is I guess one of our more important slides. What are the changes in the development standards? Uh when we started we were AG1 PA AD staff had said well if the lots are going to be that small is 33,000 square feet we probably should do SF33 and we saw merit in that. We did SF33 and the neighborhood said we don't like some of the SF33 uses and we like the fact that it's AG1. Can you just do A1 uh with a P A?
And so we looked at saying yes we'll do a P A which has all the AG1 standards except for two. One is the lot sizes. Uh the minimum lot area on AG1 typically is 43,000 square feet. We're asking for 33,000 square feet. So I would say this is really a PAD application for lots of 33,000 square ft, but we believe that matches the the vast bulk of the Tumine Park community and will match the homes that are there today.
The second um part of this is 15oot sideyard setbacks both on the street and on sideyards. If we go back to the uh lot layouts, um the sideyards are basically going to be between our own lots, between lots, you know, one and two, two and three, three and four, and five and six. That's the the sideyard setbacks that we're talking about. Go from 15 to 30. And this was something that the neighborhood actually suggested when we had our neighborhood meeting.
They like that part of the SF33 standard rather than the 30-foot because if they build a little bit wider house that's more blocking of the traffic and the the noise and the view of Arizona Avenue. And they also thought it'd be good to have these be lots that would be hopefully readily buildable. Uh do a big enough building envelope that somebody will come in and want to do a custom home here uh that will match the rest of the neighborhood. This are pictures of the surrounding properties.
As you can see, these are uh almost all flood irrigated lots within um the uh Termaine Park community. U Mr. Babcock and I both live in sort of central Phoenix on irrigated lots and we appreciate uh the beauty and the the greenery and the cheap water. This is not treated surface water. This is coming right out of the canal sometimes has fish in the water. And the neighbors have said if it's at all possible, can you irrigate these lots? And we would love to be able to do that.
We'll have to figure out a way to get underneath uh Washington Street to make that connection, but if we can, we would love to be able to do that for these lots. Um, and this is a couple of out the existing lots. And here's what we're looking at today. Um, uh, there is one existing structure on the property. It's an old house built from, I think, the 1940s that will be torn down. Um, the rest of it's just dirt.
And, uh, we do appreciate I think the neighbors used this for like a neighborhood cleanup lot. And afterwards, one of the neighbors went ahead and dragged the dirt to make it all nice, neat, and clean. Uh the bottom picture is to me the most important one. This is looking from Washington Street out across the lots, and this is what you would see if you had a house that looked in this direction. You would see those commercial buildings and all the traffic on Arizona Avenue.
Uh the 8-oot wall alone will block off a lot of the the traffic view and the traffic noise and the houses and the landscaping with those houses will improve it greatly. Um, this is a revision to the sewer memo. Staff had asked us, we sent it, we thought it came in yesterday, but maybe accepted get it. Uh, we did ask staff to amend this slide. So, the one staff had showed another eight lots going down Campbell Avenue that uh could potentially have to hook into the uh the sewer. Again, Mr.
Babcock believed that to develop these properties, he had to bring in sewer. It would make them more more developable. He did so and had a payback agreement that would last 20 years and would go until um 2037. So he was back in 2017. So another 11 years for that agreement. Um he he did that just because that was part of the process that the town uh city had. And there were probably about another I say about 35 lots um that could have had to potentially connect in.
Uh the amount of money he spent was $313,000. And the amount that a payback would be from any house within the subdivision developed, depending on lot size, is about $10,700 per acre. Uh most of these being a little smaller, you're still looking probably about $7,500 to $8,000 per home when they had to connect into the sewer system that they'd have to pay back to Mr. Babcock.
Um he said, "I didn't do this to get any kind of payback." And after the first neighborhood meeting, we talked to his staff. We said we didn't do it to get a payback and we'd be glad to terminate his rights to a payback. So we did that a few months back. We record a termination. Mr. Al was very quick to help put that together and get it signed. And so uh we did that before we had our second neighborhood meeting. And I think the neighbors were appreciative.
And we did work with staff to look at and spent a lot of time analyzing the the elevation and heights and the sizes of the pipes um to see how many of these houses actually could connect into the sewer that that Mr. Babcock brought in. that sewer right now um terminates at the intersection of Washington Street and and Campbell. There's a little white dot right there.
Um and when he develops, he'll have to extend that up to the next white dot um which is I think right next to lot B2 as it's called. Um the only homes that can possibly connect in in the future and they only be required if their septic system fails will be those um four lots that are in blue. So it's come down quite a bit.
We wish we could tell the that nobody would ever have to connect because people really do like their septic tank systems out here, but it's a function of the town code and I think there's policies in the code which favor getting people off a septic and onto sewer for environmental and other reasons. And so we we're not here to fight that, but we're trying to make it as palative as we can given the past history of having put in the sewer. Um, conlosing some of the big benefits of the proposal.
One, this is an infill property. It sat for since 1967. Um, these are thoughtfully designed infill lots that are consistent in character, scale, density with the existing Tumine Park community. These homes will establish a noise and visual buffer between Arizona Avenue and the existing Tumine Park homes. The homes will enhance the streetscape presence along Arizona Avenue by creating a defined attractive edge, that wall that screens the rear areas from the roadway.
U one of the things I'll mention is that we did have uh through um Mr. Webster and I think a few other neighbors had interest in and still amending the setbacks to allow a 15- foot setback on the rear yards which would be the sites facing Arizona Avenue. We did ask staff about that today in response to the neighbors concerns. Um I talked to Mr. Babcock about it.
He said, "Well, if that happened, it might give a place to park a RV, you know, an RV storage separate uh detached structure, which you there's a lot of those throughout this neighborhood because the lot sizes allow that." Um, so it's not out in the front of the neighborhood, it's in the back. Staff got back to said staff would not favor that because they like the idea of having that bigger separation between Arizona Avenue and structures on the property, that little bit of visual open space.
So, they would not be favor that. So, um, we were saying we're, uh, we're Switzerland on that. If you like the 15 ft, we'd be willing to look at that. If you say no, we like 40, we're fine with that. Uh, we did really just try to keep with the AG1 standards.
The only standards we had to change were the lot size, which we needed to do these splits to be consistent with the neighborhood as well and the sideyards, which that was neighborhood feedback that they think 15 feet more fits the neighborhood and was appropriate. And with that, I'll answer your questions. Thank you. Wonderful. Thank you, Mr. Miller. Um, I do have a couple of questions, but I'll um put it out to the commissioners first and see if anyone else has any other any questions. Mr.
Schwarz, so as a part of the street improvements, you mentioned the wall. Is there going to be any landscaping um along that wall to soften it? It's the 8ft wall that's adjacent to Arizona AB. Is that correct? It's an 8 foot wall. Yes. Um we um don't own the rights to most of the land under the site. It's all owned by ADOT and it's it's a retention basin area today. So, it would be hard to landscape.
Um, one, we didn't anticipate that because then we'd have to drag utilities, water lines, electric controllers to do the utility boxes, the little, you know, control boxes to to irrigate that. So, we did not have plans to do that. We're we're trying not to make this look like it's a subdivision that's separate and different from the rest of Train Mountain Germaine Park.
Uh we're trying to do something that looks like it is the rest of Metro main park and the one thing that may be slightly different is it's got a little bit taller wall but it's got a taller wall to help do a bumper and that's that's that's what that's proposed. Understood. Can I ask city staff is there any coordination with for this project at all? Uh to the chair, Commissioner Schwarzer. Uh no, the this portion of Arizona Avenue is now owned by the city. Is that correct? Yes.
ADAT is not uh um the owner anymore. Okay. So in that case, is it going to be required to be to city and Chandler landscaping requirements for street furniture? Correct. Okay. Because I I personally believe that that 8 foot wall is going to be a stark contrast and from the outside looking in, you know, the public is going to be looking at this wall and it's it needs to be softened by some landscaping. Okay. Thank you. Any other questions, commissioners? Dan or Tom who are online. [snorts] Okay.
Um so Mr. Miller just a couple of questions. Um earlier uh we had asked or one of us had asked about the width of the dry vial into that most southern lot. Do you have that or your engineer have that in? Yes, it's it's 20 feet. 20 feet. And I was going to mention the orientation of that lot. We did initially have u those lots um sort of facing kind of like if you see the development pattern is that most of those lots are north facing on Campbell Avenue. We did north facing lots.
Um some people thought that it'd be better to go ahead and make them like the other lots east west facing so that the front faces to the east and particularly the neighbor who's closest it' be this F4 designation on this sewer map. But that neighbor had said, "I'd rather see a t, you know, we call it a panhandle lot, but a lot where there's a driveway there.
It'll create a little bit better separation and instead of looking at a, you know, somebody's sideyard wall, I'd rather see it broken up with with two different homes from that view. That'd be the most effective person." Um, and so that's why we came back with this this panhandle orientation.
It also allows for the the rear yards of those two homes to be along Arizona Avenue, which is probably better than having a sideyard and one home sideyard um with it closer setbacks or typically closer setbacks would probably not fit alongside Arizona Avenue. So, we thought this would mirror as you drive down Arizona Avenue seeing the backs of all these same houses and the same rear yard wall for all these houses. Okay.
Um, so the although I really love this sewer map because I happen to be a civil engineer, would you mind just backing up to um the prior? Thank you. So, uh, will lot are you saying then that lot five the home will face east west and will they access off of that 20 foot drive aisle or Yes. Yes. Okay. Yeah, that drive will be in a sense an ement to get ice. a lot. It can have an easement there or it could have its own separate driveway. We haven't designed the homes.
Um um Ross is not a builder by trade. Again, he got into this to help put in a butterfly farm facility originally. Um he uh uh we're we're flexible. We probably look at the builder who comes to build these lots. Our plans are at least to sell the first one, two, three, four uh to one of the two parties who are interested who didn't want to go through resoning.
Um, so once these are fully uh through the land division process, uh, then we look to sell those and then, um, five and six would be at the whim of the next builder. But I'm assuming you might see a driveway alone for lot six or you can see shared driveways. Uh, where I came from, Paradise Valley, shared driveways were pretty common just because it kept down the amount of um, concrete, asphalt, pavers. People seem to like doing that. So we would probably leave that flexibility.
Some people don't. So I but assume there might just be a driveway that comes well one driveway and a second driveway to to get into that property.
Our preference would be to be as far away from Arizona Avenue as possible for that driveway which is another reason for this orientation instead of two lots where that home that would be if we took these and put them north south that home closest would have a driveway pretty close to Arizona Avenue which is generally not good traffic planning right so possible consolidation to the one drive aisle access through an easement. Okay, thank you very much. Um, quick question on the walls.
So, will the dividing lot walls between the individual lots also be the 8ft wall or you just planning to do a standard builder wall? I think the standard wall between the different lots is what we're looking at. Eight was just to give um a little bit better noise u buffer to to the homes that that was some comments we heard uh from some of the the residents as well. So, we were responsive to that. Wonderful. Okay. Thank you. That do well.
Um and then would you mind going back to that sewer exhibit? Um so on this exhibit I'm seeing the magenta um service stubs out to F1 through F4. Um has Mr. Babcock committed to installing those stubs to the the property owner's rightofway lines with his construction plans. Um we haven't got that far. We would do whatever code requires if it's something additional that staff believes is is needed or they'd like to see.
Um we were trying to do our best not to force anybody else to have to connect to the sewer. Uh we did hear from one of the residents who's already had to redo their septic system that um and was within the 300 ft that they would get an exception based upon some of the the the factors that were looked at by the engineering staff. Um so I don't know if extending those just makes it even more feasible that they'd have to connect or not.
We're I think flexible on however uh staff and the the city codes would approach that. So I don't think that anybody from engineering can comment on that. These magenta little stub outlines, are those required by code to be built when he extends the sewer? I'll set aside. Hi, Dana OBJ's um through the chair. Uh it is not required. It's something that we have asked the applicant to do since they're, you know, going to have construction in that roadway.
it makes sense to just put those in now because those would be the four lots that would be required per code to connect should they need to either upsize their sewer or septic or if it fails. So that is something that we have requested. Okay. Thank you. So install it now while they're under construction while the roads open and then just cap the end of it. So it could or or may not ever need to be used but at least it's right there at their property line is the idea with that.
That was our intent. Yeah. Okay. Thank you very much. Thank you. I think that's the extent of my questions. Yes. Um my question is, is there a way to make that sewer requirement optional for those four homeowners? Um um it'd be kind of a herculean effort. You'd have to amend the the uh the sewer code uh to create an exception. So this is just purely out of the standards that are in the sewer code today.
We did talk to staff about that about doing a a carveout exception in the sewer code that would would call out that certain rural lots you know say north of the Arizona canal I'm sorry the uh I mean the Arizona canal western yeah north of the western canal would not have to connect. Um and staff said we we just feel that's kind of an unusual uh amendment to the ordinance. We'd like to be consistent and not have to do that.
But um and u they they've got a policy that sort of suggests we'd like properties to connect when they can. So that's something we don't want to diverge from. And you know I've been an attorney for cities. You carve out an exception one place then you get other people and other people and and pretty soon it gets kind of out of control with people saying I want an exception because I don't want to have to connect.
So, um, I can see why there'd be countering policy reasons not to, but we we did as much as we could to lower the costs by getting rid of the payback agreement by doing a lot of engineering analysis today to determine where the elevations were that and the pipe sizes that would uh decrease from 12 lots potentially down to to just four. Uh, when they did the original payback agreement, there were about 35 to 36 lots that that potentially would have had to connect.
Uh, and that's how you got to that 30 $313,000 less his own lots payback amount. Um, [clears throat] but we've gotten rid of that requirement for anybody and it would again lasted through 2027. Great. Thank you. Did that answer your question? Okay, great. Dan or Tom, any questions from you? Great. Thank you, Mr. Uh, this is Tom. Nothing for me. Oh, go ahead. Oh, did he say nothing? Okay, wonderful. Thank you, Mr. Miller. Um, we'll open now uh the the open the meeting to the public.
Um, so we're going to be I have some cards up here that I'll be calling up or I'll be calling on you in order that I received them. Um, if there's anyone else who would be interested in speaking, again, these yellow cards are in the back. Please go ahead and fill those out and bring them up here to the front. All right. So, we will go ahead and start with uh Gail Deal. Gail, if you could come up and please um state your name and your address. I'm Gail Deal.
I am one of the five stars uh in the middle. Okay. I bought my house. I'm sorry. One just I want to set the parameters. So you'll have three minutes to speak and you'll see the um for everyone who's wanting to speak. There's lights right in front of you. I'm lost. Green, yellow, and red. So when that turns to yellow, you have a few more seconds. Red, your three minutes will be done. Gotcha. I'll keep it I'll keep it short. Okay. Thank you, sir. Go. I bought in 69 out there.
I built the house in 70. I built my second house in 85 for my in-laws. When I bought my property, I had two acres. I owned half of the dirt road. Now the city of Chandler's taken that away from me. I don't have my two acres. I've got two houses. I'm not going to live forever. I got 14 more years to live and then I'm going to give it to my kids now. I got two houses. How do I dispose of them because I don't have enough property? I hope you uh will pass what Mr. Babcock is trying to do.
I'd love to have his houses up there instead of dirt lots. So, I appreciate your time. Thank you. I'm in favor of it. Thank you, Mr. Deal. We appreciate you. All right. Um, now I'd like to call forward uh Mr. John Webster. Thank you, John. If you could come forward, um, state your name and your address. As I mentioned, you'll have three minutes for your presentation. Um, when the light turns yellow, you'll have a few more seconds. You can wrap up and then it'll be red.
John Webster, 324 East Tumain Drive. Um, so a true foundation of a Republican government is the equal right of every citizen in his person and property and in their management. Management. That was a a guy that we know, Thomas Jefferson. And uh sometimes our government gets a little bit out of their driving lane uh a little overregulating. Um you know I I approached the city when Mr.
Babcock was looking at SF33 knowing the city had driven the change to SF33 and I said AG1 with lot sizes that are the same as what our neighborhood has uh predominantly less than one acre which is legal non-conforming. Uh seems appropriate. Um but we have 85% plus of our neighborhood that is legal non-conforming based on square footage. I want to see and why I gave you guys a document was I want to see the characteristics of Mr.
Babcock's P A be a template that could uh template across the neighborhood if neighbors wanted to be P A overlaid with AG1. They could become conforming. And so we've got lots in our neighborhood that are down to 31,665 in lot size. That's why I put 31,600 as a minimum lot size. It won't give Mr. Babcock any more lots than he's currently asking for, but it would lay the template that would be fitting to to make all legal non-conforming lots potentially conforming, right?
and and and legal and uh the setbacks uh I requested uh that it and we've had meetings amongst the neighborhood um talked to 20 uh five plus of the property owners had two public meetings with our neighborhood u where over 20 uh residents uh came and participated. We talked through details of 15 foot side setbacks, 15 foot rear setbacks. What you'll find is Mr. Babcock's lots against Arizona Avenue are much shorter in depth than our average lot.
And I feel confined to not having the use of the center of my lot with a much deeper lot than he has. Therefore, we need 15t rear setbacks in order to help with that. There's uh ongoing problems with the sewer agreement that took place because the city and and you need to address the four lots that may be affected by sewer tie-in because it's not just that they have to hook up because they can't get a do not serve letter from the city.
It's that they have to then run the sewer lines and put in the manhole and run it to the furthest extent of their lot. And uh that cost when you check with your city engineers what the cost is for a tie-in impact fees development of 300 ft of sewer line and a manhole. Uh it's pretty significant.
So, I I recommend that instead of the city looking at a 207 case, they probably should look at creating a way for an optional do not serve letter so that if someone is impacted by their septic failure, they can go back to the county to do repairs and replacement of their septic system if they wish to. If they want to tie into the city sewer, by all means, but the residents were not a part of that sewer development plan. and it was mapped out as though it was a resident uh planned project.
Okay, great. Um, so your three minutes is up. Can I have you wrap up your thoughts in just a few seconds please? I as I have another card in there for someone that would be willing to give me their time if you're willing to allow that. All right. Okay. I have a card from a Megan Webster. Yes ma'am. So, um I think we're a little bit over, so I'll give you another two minutes. That'll be fine. Thank you, sir.
So, Gail Deal's uh situation was one that I ran into as I looked at the whole scope of our neighborhood, the non-conforming lots. I asked what Gail's plans were when he graduated from this this planet, and he he said, "Give one to my wife, my daughter, my son." And I said, 'You don't have a magical lot line in the middle of that. And at 1.75 acres, the city won't allow that lot to be divided into two greater than one acre lots.
Uh that's part of why this pad overlay and laying the template that could carry across the lots that wanted to participate in the neighborhood is really important. uh also fitting in some of the side boundary lines that were allowed under county uh planning because our setbacks were smaller when we had uh when we had county and we had street. So you'll see I I I reduced the uh or I increased the lot coverage from 40% to 50%. That's because we lost about 20% of our lot size to the street.
When the city took the street, they took that square footage off the lots. And so I I put in the template 50% lock coverage, 15 foot side setbacks, 15 foot rear, and uh and maintaining the AG1 front uh setbacks. Um I our our hope in getting the details right on this one, which is adjusting a few details, could help to carry it across and bring conformity to the neighborhood if they want to participate. Thank you. Great. Thank you, Mr. Webster. Appreciate all of your feedback and Okay.
It sounded to me as though you were wrapping up with your thoughts. Okay. Thank you very much. If you have any questions. Wonderful. Okay. I have a a Josh Steel. Yeah, Josh Steele. Um, you're giving your time to Mr. Webster if Yes, if needed. Okay. Thank you, sir. Okay. Um [clears throat] if if the uh planning committee has any questions, can we ask questions? Thomas, it's up to the chair. I'm refer to you if you'd want to do that. Okay, Mr.
Schwarz, normally we go through the residence uh all the way, but Okay, you're Let's do that and then we'll come back and see if we have any questions from the commission. Thank you, Mr. Webster. Appreciate it. All right, I have um my next card is from Robin Anderton. Robin, would you like Okay, wonderful. I just need a little water. Oh, of course. Thank you. Please come up and state your name. Um and then as mentioned, you'll have your three minutes and you'll get the yellow and red warning.
Thank you. Hello. My name Oh, sorry. My name is Robin Anderson. and I live at 248 East Campbell Road in the Tmaine Park neighborhood. And I'm attending this meeting tonight to register my objection, my objection as a resident to the planning and reasonzoning petition concerning Arizona Avenue and Guadalupe Road. I respectfully urge the commission not to advance resoning in this instance because the applicant has stated he does not intend to build on the subject property.
Permitting reszoning for a party that is not the prospective owner builder is procedurally and substanti substantively improper. Reszoning determinations should be made when the actual owner developer intends to proceed with that so that the pro proposed site development can be fully and accurately vetted. I've already heard a number of questions that haven't been addressed or even looked into very much because we are talking about a an idea and not an actual development.
it's for somebody else to do that doesn't even own the property yet. Approving resoning now merely transfers the burden of review to a future party and risks repeated peacemeal review of the same lots. And then as a member of the Trabane Park neighborhood, I would also like to attest that the community has not hired or elected anyone to speak on the behalf of the entire neighborhood. Anyone that does assert they are speaking for the neighborhood is giving false attribution.
I have a couple of concerns about the progression of the development to this point with the attorney stating that the neighborhoods in cons consensus. I think I've been to both of the meetings that were mentioned earlier um over the years and I would say 19 people is not a reflection of the 80 plus homes in the neighborhood. nor does it at all demonstrate a majority consensus. So those are the points I'd like to bring up. Thank you. All right.
And the final speaker card that I have here, um, unless there's someone else who would like to fill out a card and bring it on up. Uh, the last one I have is from Zoe Alto. Hi, Zoe. Hello. You state your name and address and then you'll have three minutes for your presentation. All right. Thank you. Uh, my name is Zoe Alto. I live at 225 East Campo Road. Um, it's a bit of a minor question really.
Um, pro probably more towards the actual subdivisions, but the 8 foot wall and the terraforming or the terraining that would go on around that. I have a few concerns about the possibility of it obstructing the view when you're turning left out of Campbell onto the street and it being a possible issue for traffic as well as accidents.
And I was wondering if there's any way it could be like guaranteed it won't be like fully obstructive to the views for seeing any oncoming bikers off of the the canal as well as just general safety purposes. Are you referring to as you're turning out of the community out onto Arizona? Okay, great. We will definitely get that question answered. Did you have any other comments? I believe that was it. Thank you. Okay. Thank you, Zoe. Appreciate that. Um All right.
And chair, we do have our traffic engineer here. If um that would be a good time to go ahead and answer that. Yes, I think that'd be great. Thank you. Thank you, Thomas. Thank you, chair. Um, as far as that, we would look at that in the design process. So, we would um not allow a wall that would be within that site distance. Obviously, we want to maintain safety there. So, that is something we will look for as we get development plans in. Thank you.
So, they'll chamfer the wall or set it back so that turning movements aren't obstructed. Yep. Okay. Thank you very much. Hopefully that answers your question, Zoe. All right. Um, if there are no other speaker cards, um, we'll move on to commission questions. Commission. Yes. Uh, there was a gentleman that was going to give up his time, but it wasn't needed. Does he still want to talk? Oh. Um, was that Josh, Mr. Steel? Oh, no. I don't have anything. Okay. All right. Great. Thank you. Thank you.
All right. Commission. Um, do we have any questions for at this point in time for um either staff or the applicant or any of the speakers? One shared one final question. Uh, what's going on with on-site retention um for this property? Is it expected that all the individual parcels are going to have on-site retention or is it draining offsite into the street into the road? On-site retention. Okay. Okay.
Now, is there any concern on the city side with the increased request for um building coverage for on-site retention? Is there is there any concerns in regard to the site change there? Um through [clears throat] the chair, Commissioner Schwarzer, are you referring to the uh request to increase lot coverage to 50%. Correct. uh Steph would be um in support of keeping it at 40% uh just to be consistent with with all A1 properties.
Um and I think having the you know the the large size lots there 40% would be more than enough to to add additional structures in the backyard and and additions to the house and things like that while keeping the on-site retention as correct. Okay, gotcha. Understood. Thank you. Uh Tom or Dan, do you have any questions? This is Tom. I do not have any questions. No questions, chair. Thank you. Thank you. Um All right. So, just a couple of things.
Um, from my perspective, David, uh, could you explain to us what the next steps in the process would be for whomever, whether it's the land owner or a future developer, once properties are reszoned? Um, what is the process from there to get it to a point where it's actually developed and constructed and built? um the reasonzoning being the first step but then from there there are some other processes that anyone would need to go through to to de actually develop these lots. Uh yes chair.
Um so the after if and when the city council approves the zoning um the next step would be to replplat those those properties that are the subject properties. Um staff would review the the plat there. There would be a preliminary plat and then uh a final plat approved and or reviewed and and approved.
And during that process, staff would make sure that all of the requirements are are being met, all the city code requirements and including the uh site visibility that uh the question that came up before um setbacks for the wall, you know, easements, you know, that that kind of thing. So after those plans are approved, um then they can move forward with a permit in in construction and begin installing the sewer, installing the the the wall, um and any landscaping on the west side of the wall.
And at that point, um you know, once they're finished with the construction, at that point, they would be able to sell off those lots uh for individual property owners. Great. Thank you. So in a nutshell, once the resoning is in place, you will use that as future documents come through to a staff level for review of things like you mentioned, plat construction plans, and so forth to make sure they're in conformance with both city codes as well as the any approved PD. That's correct. Thank you.
Um I think I'll go to the applicant. Um would you like to come up and or applicants representatives or engineer would you like to come up and have any final comments before we close the public meeting? Chairman co sh um uh we think uh that staff had did a really thorough job of review and and then laying this out and we did get a lot of good neighbor feedback.
I will say that that that when we looked at the standards, we did get a lot of feedback that that that the neighborhood like 15, but we didn't hear a lot of opposition to that. Um there have been a few letters saying that some people still like whatever A H1 is. And then you got competing interest where people say no, we'd rather have it match what's existing in the neighborhood versus H1.
We tried to keep as many of the AG1 standards as we could, but we did want to be responsive to um a lot of the feedback we got, which is that they thought the 50 foot sideyard setbacks would be better for these particular lots, mostly because that's what a lot of the lots that have already been built out currently have. And again, as Mr. Webster said, some of the neighbors uh including Mr.
Dale looking at this and saying, if I want to split my lot in the future, or if I want my lot to be conforming, can we do an application as a bunch of neighbors together? uh not our application but their own uh to to [clears throat] mirror some of what's what's part of our proposal and that's I think why they've asked for some of those changes. So we're content with what we've requested and um with the stipulations of step as recommended. Great. Thank you Mr. Miller. All right.
Um I'm calling going to go ahead and and close the floor unless there are any other comments or those who would wish to come forward and speak. All right. So, we'll go ahead and close the floor um and we'll now move on to commission discussion. Commissioners, um is there any feedback or discussion that you'd like to bring forward on this? Sure. Yes.
Just want to make comment that um you know, a thank you to the neighbors for coming out and expressing your concerns and um everything that's been noted in the meeting today. Uh generally I think that it helps the neighborhood all all in all to see neighbors come out either in support or expressing their concerns. So thank you to to the neighbors for being good neighbors with this community. Um in general I think um this use is actually the probably one of the better suited uses.
Um it's much better than the alternative town homes or another product that would potentially go in on the site. So, um I generally think that it's a good plan. Um with the exception that lots B5 and B6 feel a bit forced and I would urge us to reconsider maybe leaving that as a larger lot in that case, but outside of that, I think it's generally a good plan. So, great. Thank you, Ryan. Tom, or Dan, any comments from either of you? Uh this is Tom.
Um, I I would just like to say I after reviewing the the plans, I've seen a lot of people um kick around different ideas of what could go on the site for many years now. And I think this is probably the closest that I've ever seen to mirroring what is uh existing there in that neighborhood and respecting large lots. Um, and and I I I like the fact that a developer has been able to figure out a way to to put large lots on that site. Thank you, Dan. Any comments? No additional comments for me.
Thank great. Thank you. Um I would definitely echo um what Mr. Schwarzer had to say as far as um engagement and public involvement and um coming together whether you are for or against um really you know coming together as a community is really you know what we all strive for at the end of the day and we don't always get exactly what we want. Like I tell my kids, they don't always get what they think they want.
But for the most part, I think if we can find ways to find common ground um and work together and be good neighbors, I do really appreciate all of the time that it appears that you've put in and the effort um to be thoughtful on this. Thank you to Mr. Babcock and Mrs. Babcock um and to your staff um or your consultants, sorry.
Um, one thing I would like to, I think, highlight, um, is if you would really work closely with staff and perhaps, um, engaging those four neighbors on F1 through F4 on those future, what I would call future tie-in options for them. Um, doing those now, installing them now, uh, really saves on the future.
just have it right at your property line as an option if the sewer um if the sewer uh septic systems are no longer viable or you're not able to get an alternative option from the city um to have that stub right there and not having to dig up a street and put that in um it really would be most efficient to do that now. So I would encourage u Mr.
Babcock and your team to work with those neighbors and to fully understand and help those neighbors understand uh what that benefit may be for them in the future. So, um chair, yes, if I may, just for clarification, are are you requesting that a STIP be added to the zoning to that effect? I'm not necessarily requesting a STIP. I'm just expressing my experience um in the industry and what I I feel is now is the time to put those in as future options.
But again, I'm not suggesting that we add it as a stipulation. Great. I'd like them to work with the neighbors and make sure everybody's understanding of what the process could be in the future if their septic fails. All right. So, with that, if there's no other comments from commission, no other discussion. Okay. Do we have a motion for our action item? And I don't have the number up here. Well, I'll I'll go ahead and let whomever makes the motion mention the uh actual number.
Uh do we have a motion for action item number three? Chair. Yes, sir. Motion to approve action item number three as presented. Is there a second? Second. Second. [clears throat] Been moved and seconded to approve PLH25-00006 Arizona Avenue and Guadalupe Road uh reszoning to A1 P A. I I All in favor? Oh, sorry. Got to have myself. All in favor? I I [clears throat] I. Any opposed? Any abstensions? All right. So, we have five to one. The um action item is approved. Thank you all very much.
All right. We will move on to uh member comments and announcements. Do we have any commission members who would like to make any announcements? Okay. Staff comments or announcements? No. Okay. Wonderful. All right. Um well, I just want to make a note that our commission is a recommending body to our city council.
Um so for any of you who would be um interested in providing further feedback, the city council will make the final determination on this particular actually on everything on our agenda today. So um we would recommend that you check the schedule, check with staff if you need to on when the council date and when this will be on their hearing schedule. That's when the final decision will actually be made. So, did I get that right? Okay, great. Um, okay.
So, our next regular meeting is going to be on Wednesday, June 17th, right here in these chambers, and we will look forward to seeing everyone back then. Thank you. gov. And there's a whole bunch of stuff we're doing in fact