Council Memo

Approval of PLN19-020 a Proposed Rezoning of 600 and 621 E. Rosser Street (APN 105-03-007B) from its current Single Family 35 (SF-35) Designation to Multi-Family Medium Density (MF-M). Property Owner: Pine Creek Leasing LLC. Applicant/Agent: Keith Hughes


Department:Community DevelopmentSponsors:

Document Comments

Recommended Action: Move to approve PLN19-020, the rezoning of 600 and 621 E. Rosser Street from Single Family 35 (SF-35) to Multi- Family Medium Density (MF-M).



Item Summary

This is a request to rezone a vacant 1.91 acre parcel, from Single Family 35 (SF-35) to Multi- Family Medium Density (MF-M) to allow for the construction of 3 single family residences on a single parcel. The rezoning of the subject parcel would allow the applicant to build 3 single family residences that will be rentals on the southern half of the property while the northern half on the other side of Rosser Street will remain vacant due to the floodplain. The owner has no plans to plat lots to be sold as individual residential parcels.


Planning and Zoning Commission

The Planning and Zoning Commission reviewed this request at their January 9, 2020 meeting. After discussion of the proposed zoning district and the proposed three residences, the Commission voted 4 to 1 in favor of the proposed rezoning from Single Family 35 (SF-35) to Multi- Family Medium Density (MF-M) for the entire 1.91 acres. Commissioner Roop explained he voted against the motion to approve because the proposed Multi Family zoning is not compatible with the surrounding Single Family zoning (resulting in smaller rental units versus larger homes in the adjacent Cloudstone subdivision).



The applicant has requested a rezone from Single Family 35 (SF-35) to Multi- Family Medium Density (MF-M) to allow for the construction of 3 single family residences. The proposed uses are consistent with the MF-M zone. Under the current SF-35 zoning district, only 2 single family residential parcels could be developed. The applicant does not want to create separate parcels for sale, but wants to develop 3 single family residences on 1 parcel to reduce the infrastructure costs and the property will remain as 1 parcel with 3 separate houses for rent.

The properties adjacent to the subject parcel, across the street to the north, west and south are zoned Single Family 35 (SF-35). The parcels to the east are zoned Single Family 18 (SF-18 PAD) and are part of the Cloudstone Unit 1 subdivision.


2015 General Plan

The site is identified as Low-Medium Density Residential (1-7 DU/Acre) on the 2015 General Plan Land Use Map. The proposed rezoning from Single Family 35 (SF-35) to Multi- Family Medium Density (MF-M) is consistent with the 2015 General Plan.


Site Design

The proposed site design includes 3 individual homes with 2 car garages and the applicant stated they will be approximately 1200 square feet each. Per the Letter of Intent, the applicant states that the development will be consistent with the adjacent SF-18 development due to the site layout, separation of individual units, and the units will be placed to minimize impact on views for the neighboring lots. Attached are renderings that the applicant provided of the how they envision the property being developed.


Impacts on Adjacent Properties

A consideration of any rezoning request is the potential adverse impacts on adjacent or nearby property owners. The nearby contiguous parcels are either vacant or developed under an SF-18 density as a PAD development which allowed the homes to be developed on smaller lots with reduced setbacks. The development of this lot with 3 single family residences may be compatible with the adjacent development due to the proposed density being similar. The property north of Rosser Street is to remain vacant similar to adjacent Open Space that was part of the PAD development.

Adjacent Cloudstone subdivision

Staff was asked to review the adjacent parcels in the Cloudstone Unit 1 subdivision and the size of the residences that are currently developed. In reviewing the adjacent parcels, the house sizes range from 1624 square feet to 2266 square feet. A map is attached that shows the size of the houses for the adjacent parcels.


The size of the parcels within the Cloudstone Unit 1 subdivision range from 5102 square feet to 11,305 square feet, which was allowed under the 18 density since it was platted as a PAD. Platting under a PAD allows for the smaller lot sizes and reduced setbacks.



Meeting History

Feb 11, 2020 3:00 PM  City Council Voting Meeting
draft Draft

Community Planner Tammy Dewitt provided a presentation to Council regarding the proposed rezoning of 1.91 acres on Rosser. Current zoning would allow the property to be split into two lots, but applicant is proposing to have 20 ft building separation and three single-family 1200 square foot 3 bedroom 2 bathrom homes under one ownership intended to be rental homes which requires the new zoning. The property is impacted on opposite side of Rosser in the flood plane which is why it has not previously been developed. The surrounding neighborhood Cloudstone Development, allow for 10 ft building separation and zoning in an adjacent area is multi-family. The proposed homes would not impede any views of the homes in Cloudstone and the property is currently vacant.

A letter of opposition was received from an adjacent property owner, however, notices were sent out in December as required by state statute to surrounding properties.

Councilman Blair commented that he loves seeing this type of thinking outside the box development. While multi-family sounds bad to the area the reality is that it will be under one owner with rental properties which we are lacking in the community. He supports this.

Councilmember Rusing asked if there is one or multiple water meters proposed for homes.

Ms. Dewitt stated that each house would have it's own unless the applicant requests only one meter which it would be qualified for.

Mayor Pro Tem Orr commented that this is a wonderful infill project which should be encouraged.

Councilman Goode commented that he understands the Planning & Zoning Commision was split on their vote and asked why that was the case. He also share his overall concerns regarding changing the zoning to higher density as it could make the property potentially more valuable and he feels that when someone purchases a property they should be prepared to build or develop based on the zoning it has at that time. We are creating a precedent for exceptions and that is an issue.

Interim City Attorney Matt Podracky stated that the Planning & Zoning Commission spent a lot of time tying the project to the site plan and requirements for compliance to that which alleviated any of the concerns stemming from the split vote, and will ensure that it does not open the development up to any additional units. He also advised Council that they have the authority to make their motion subject to substantial compliance to site plan as presented.

Ms. Dewitt stated that Planning & Zoning Commission approved with a 4-1 vote and that Commissioner Roop voted against because he felt new zoning is not compatible with zoning in the area due to the size of the homes, and confirmed that strict adherence to the site plan was the recommendation of the Planning & Zoning Commission as well.

Councilman Blair stated that he would recommend the homes be individually metered and site plan is adhered to as well.

Councilman Goode agreed with Councilman Blair’s comments regarding metering.

Ms. Dewitt confirmed that it would be possible to ensure each home has it's own meter.

Applicant Keith Huges addressed Council regarding the property and his plan for the three single family homes. He stated that he has no issue with individual meters and that his goal is to build these homes as proposed. He feels this is the best usage of the property, and is happy to be offering nice single family homes.

Mayor Mengarelli if the individual meters should be noted on the site plan.

Mr. Podracky stated that it could be included in the motion as a requirement.

Councilman Sischka commented that there is a very similar group of homes below his home in Forest Highlands and that he likes that they are a single owner and will be kept attractive in a nice area. It is a good option to have at the entrance of his neighborhood.

Public Comment:

Debra Allshouse, member of the public, addressed Council regarding her opposition to this rezoning. She has been in Cloudstone for many years and wants to see ownership and not rentals which she fells will bring down their property value. She encouraged Council to consider what they would want in their own neighborhood and to keep the original zoning.

Brian Allshouse, member of the public, addressed Council regarding his concern about the homes being rental properties and also the issues with traffic flow and safety along Rosser by adding multiple properties. He feels there are plenty of rentals in the community and they don't want them in their neighborhood.

Elayne Tempel, member of the public, addressed Council regarding her opposition to this because it was zoned for single families, and stated that she chose her property in Cloudstone because it is a property owner occupied area. Single owner doesn’t matter when you have renters. Came into Prescott wanting to be surrounded by homeowners and doesn’t want renters around her.

Ken Mabarak, Planning & Zoning Commissioner, addressed Council regarding the Commission's decision on this item. He addressed the decision to only have one driveway given the traffic issues along Rosser, and that development in this way is as close to single family as you can get. At times zoning must be changed because of the way city code is written, this isn't really a "multi-family" build and there was a great deal of consideration that went into this.

Councilman Sischka asked for confirmation that Cloudstone overlooks this lot.

Mr. Mabarack confirmed.

Councilman Rusing commented that this seems to her like trying to put a round peg in a square hole, and she does not support it because it is non-conforming. She feels one of the things that makes Prescott special is our neighborhoods and homeowners and we need to take care of them.

Mayor Pro Tem Orr commented that she appreciates that this will allow for affordable homes to be available to families in our community.

Councilwoman Scholl stated that often times "affordable housing" comes with a lot of negative connotations, but there are professionals in our community that cannot afford to buy a home here and we need to find ways to provide options for them. They are our teacher, fighfiters, etc. This infill project will benefit our community.

MOVER:Billie Orr, Mayor Pro Tem
SECONDER:Steve Blair, Councilman
AYES:Greg Mengarelli, Billie Orr, Steve Blair, Alexa Scholl, Steve Sischka
NAYS:Phil Goode, Cathey Rusing