CAVE CREEK – With Vice Chairman Bob Voris and Commissioner Bruce McNeil absent, Chairman David Smith announced during Thursday’s planning commission meeting there will be a workshop on Sept. 15 to discuss some proposals the commission would like to bring forward.
Smith stated the agenda item before them was very limited – consisting of a rezoning request for Windmill Village from Desert Rural (DR-89) to Multi-family Residential (MR).
Associate Planner Luke Kautzman stated the zoning change request was for the 3.72-acre parcel adjacent to Stagecoach Village and if approved, the applicant will be required to submit a site plan for review.
Commissioner Peter Omundson, who was seated at his first meeting since being appointed to the commission, recused himself from the agenda item.
The conceptual plan is for six buildings containing 48 apartment units.
The staff report notes the proposed zoning must comply with the General Plan Land Use Map in order for the zoning change to be considered and the existing land use designation of the subject area is “high-density residential,” which allows an MR zoning classification to be considered.
Responding to Commissioner Dick Frye’s question, Kautzman said the general plan was changed in 2012 to allow for high-density residential.
Commissioner Ted Bryda asked where high-density residential was defined.
Kautzman stated it was in the general plan.
Planning Director Ian Cordwell elaborated and said the town eliminated all the subcategories of MR zoning after realizing most could not be achieved after complying with landscaping, setback, parking and other requirements.
He said the town code allows as many units as can be built in compliance with all the other requirements, which have generally been eight or fewer units per acre.
Smith questioned how the project complied with the minimum requirement of 6,000 square feet per lot.
Kautzman stated the project is on one lot that is 3.72 acres and therefore meets the minimum requirement.
He also stated the fire chief had signed off on the proposed access.
Applicant Ken Madden said he and his wife were entering their retirement years and were looking for a means to generate a stream of income.
Madden said he held a public meeting and heard what citizens had to say and stated his goal is to do what’s right for the town.
He said a council candidate explained how she would evaluate projects based on three things: whether it is economically viable, environmentally sensitive and a cultural necessity.
Madden stated many of the letters received agreed the town needs more apartments “but not there.”
Because one of the major concerns was traffic, Madden said he spent approximately $10,000 to have a traffic impact study done.
Frye said Madden did a good job of addressing the issues and this type of use is a normal transition from commercial.
He said, “I think the plan is well conceived and thoughtful.”
His one concern was access to the project adjacent to Galloway Wash, which Frye said is an area that is highly erosive.
He asked how people would have access in and out if the wash erodes.
Madden stated it was an engineering criteria but they didn’t own the wash and it was outside their jurisdiction.
He said they could use rip rap to mitigate and protect the access.
Frye asked how they planned to manage the units.
Madden said they plan to do it themselves and would have an employee live in one of the units.
Citing vegetation was another issue with people claiming the area was supposed to be open space and it would ruin the view corridor, Madden said the town has growth issues it needs to face.
He said they have to be sympathetic but most of the comments were people not wanting this in their backyard.
Frye asked what the traffic impact analysis recommended to fix the issues.
Madden said they recommended restriping the street.
Noting the traffic count was done in July, Frye asked if any other counts had been done.
Madden explained traffic counts can be performed at any time of the year and other factors are considered to amend those counts, adding they have no intention of accessing via Scopa Trail.
Commissioner Susan Demmitt asked if they could put a maximum number of units into the conditions of approval, since the zoning ordinance no longer specifies such.
Bryda asked if the traffic analysis took the existing residents into consideration.
Madden said it did.
Bryda noted the project didn’t have a playground and read from the zoning ordinance specifying the requirement for an onsite play area.
Despite the target demographics not being families with children, Madden said he’d be happy to put one in.
Smith asked if he did a market study.
Madden said he had and stated the vacancy rate in Cave Creek was 2.2 to 2.6 and he was mostly concerned with the vacancy rate within the town core.
With proposed rents at $850 per month for a one-bedroom unit and $1,350 for a two-bedroom, Smith said they appeared “a bit pricey.”
Madden said he doesn’t believe this will be primarily work force housing and he doesn’t want subsidized housing because it comes with too many strings attached.
He said, “We did exhaustive studies” and stated the tenants would most likely be mature singles or couples wanting to downsize.
During public comment, Larry Johnson, who lives in the Black Mountain Shadows (BMS) subdivision just north of the proposed project, said he opposes upzoning of any kind and any place.
He pointed out the extreme problem of trying to turn left onto Cave Creek Road from Galloway Drive and said, “I reject the concept of restriping and trimming trees.”
He said if the town approves the project, a three-way stop sign should be a condition of approval.
Johnson also brought up the increase in water use for the project and asked, “Where is it written Cave Creek has to have apartments?”
Eileen Wright said there was a major problem because the current general plan is the 2005 plan and a major general plan amendment is required to rezone any DR property.
She also cited SB 1487, signed into law in March, which requires the Arizona Attorney General to investigate violations of state statute or the Arizona Constitution by a county, city or town, and, if found to be in violation, the municipality would be given 30 days to resolve the issue.
Failure to do so would result in the state treasurer withholding state shared revenue for redistribution to other local jurisdictions.
Wright asked the commission to recommend denial.
Smith asked Cordwell if Wright was correct.
Cordwell responded, “It is not,” and said the parcel is subject to the town core plan, per the town attorney.
Kerry Smith claimed the traffic generated by the project will generate 10 times the amount of traffic and stated the average household generates nine trips per day.
He expressed concerns over water and stated the mayor said the town has used 72 percent of its CAP water allotment.
Smith suggested the town require Madden to acquire whatever additional water necessary for his project.
Katya Kincel held up what looked like a newspaper article in which she said Madden was called a master builder.
She said Madden was asked 31 questions but only one answer was printed.
Having trouble forming a sentence, Kincel asked if there were people living on the property in the houses they are renting and stated the project will require a major plan amendment, adding, “I don’t care what Ian says.”
Joe Defazio asked how the marketing studies were conducted.
Despite Madden saying he would use many of the same materials used in Stagecoach Village, Defazio said it “looks nothing like stagecoach village.”
He asked how the water and sewer would compare with one meter per eight units compared to his one meter per unit.
Defazio asked, “What about maintenance?”
He also asked if the traffic study was a public document and if the study was done on the entire area of just this small area.
Don Asakawa, a 32-year resident, said the issues with traffic are a major problem, especially since the median was removed.
He said prior to the bike lane project, which removed the median on Cave Creek Road at Galloway Drive, they could at least make it across half the intersection to turn left and wait until it was safe to cross the other half. Now there is no place to wait and it takes an inordinate amount of time to make a left turn across four lanes.
Asakawa said it’s not safe and it was not prudent to approve the project until that issue is addressed.
Asakawa stated, “The onus is on the town, not the developer.”
He explained the bridge originally stipulated for Galloway Drive as part of the Stagecoach Village project was waived – not due to safety concerns but for economic reasons.
Also speaking was Bob Moore, the only other planning commissioner besides Eileen Wright ever removed from the commission by council.
Moore used to live in BMS but has since moved to Scottsdale.
He told the commission he had never before heard of a development project being described as a retirement plan and stated he questioned the validity of any study done over the past 12 months while the bike lane project was underway.
Christine Orzell stated Cave Creek was not a walkable community and not a place where you will be “hopping on the metro to get to work – this is not that kind of community.”
She said, “I’m not sure what kind of void we have here that can’t be filled within six miles.”
Orzell pointed out Galloway Drive is the only ingress and egress for their homes in BMS and suggested perhaps 10 townhomes for the parcel, not 48 units.
She also raised the issue of construction traffic using the only ingress and egress they have.
China Allen said she doesn’t live in Cave Creek anymore but she grew up in Cave Creek.
Allen said she’s a single working parent earning $70,000 year and would like to see affordable housing in the area.
She stated she still can’t afford a house in Cave Creek and thinks the apartments will help the economy.
Allen said, “I don’t think traffic is what you should focus on.”
As she looked around the room, Allen said, “Most of you won’t be around in 20 years. I will.”
Allen said, “I don’t know where these 300 trips are coming from. We leave for work once and come home once.”
A man who would only identify himself as Sean, said, “I don’t see someone wanting to downsize and rent.”
BMS resident Debbie Brooks said, “I resent someone coming in who doesn’t live in Cave Creek say traffic doesn’t matter. We have no other access.”
She stated the only viable solution, should the project get approved, is a three-way stop sign.
Madden said he wasn’t there to pick a fight with anyone but stated the community is changing.
Bryda moved to continue the item to a date certain until they could see the traffic study, which was only submitted to the planning department that Monday.
Demmitt agreed and noted the town was almost at build-out.
She also suggested Madden come back with a site plan in conjunction with the rezoning application and stated the town needs a way to embrace diverse projects and not be exclusionary.
Frye said he agreed with the continuance and stated the traffic report needs to address the turning issues since the medians have been modified since it was bad before and worse now.
He said, “I’d like to see that issue addressed if it’s not in the current traffic report.”
Madden noted a site plan is a huge investment, costing about $100,000, something he wouldn’t want to spend if the rezoning may not be approved.
Kautzman said the application is only a $2,500 fee but all the required submittals are what make the process so costly.
Madden said, “I’d like to resolve this first.”
The commission voted unanimously to continue the item until Sept. 15 at which time the chairman said he would also like to see a legal opinion as to whether or not the town needs a major general plan amendment for the parcel.
