Adopt Ordinance 11-04, to rezone parcels #106-24-013 and #106-24-014, from General Business to R-18, with the two conditions recommended by Staff.

 MEMORANDUM

TO: Board of Supervisors
Through: Michael J. Ortega, County Administrator

FROM: Beverly Wilson, Interim Planning Manager
For: Michael Turisk, Interim Planning Director

SUBJECT: Docket Z-11-05 (Reaves)
DATE: August 12, 2011 for the August 23, 2011 Meeting
APPLICATION FOR A REZONING
This is a request to downzone two parcels from GB (General Business) to R-18 (one dwelling per 18,000 square feet). The subject parcels are 106-24-013 and 106-24-014 and are located on the Coronado Frontage Road north of Huachuca City. The Applicants are Everette and Carla Reaves.

I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING USES
Size: 55,190.53 square feet (1.27 acres)
Zoning: General Business (GB)
Growth Area: Category B (Community Growth Area)
Area Plan: None
Plan Designation: Neighborhood Conservation
Existing Uses: Living quarters with an attached warehouse and garage
Proposed Uses: R-18 (Residential; one dwelling per 18,000 square feet)
Surrounding Zoning
Relation to Subject Parcel Zoning District Use of Property
North GB General Business – Used as residential
South GB General Business – Used as residential
East GB General Business -- Used as residential
West GB General Business – Highway 90

II. PLANNING AND ZONING COMMISSION
On August 10, 2011, the Planning and Zoning Commission voted unanimously (6 – 0) to forward Docket Z-11-05 to the Board of Supervisors, with a recommendation of conditional approval.

III. PARCEL HISTORY
A permit was issued on August 31, 1990 to build a 1,536 square foot Auto Repair Shop with sanitary septic system. A permit for the Auto Repair Shop was issued in 1994. In 2002, a violation was filed for operating a business without a permit. In 2004, a commercial permit was issued for a roofing business.

In 2006, a violation was filed for using a warehouse for storage without a permit. In 2008, a violation was issued for not meeting the conditions of a permit. The 2004 permit was then voided, and the business was removed from the parcel.

IV. NATURE OF THE REQUEST
The Applicant seeks to change the zoning designation from General Business (GB) to R-18 (one dwelling per 18,000 square feet) to facilitate the sale of this property, which is in a foreclosure action. The Applicant has a buyer with financing for a residential-zoned property.

V. ANALYSIS OF IMPACTS
Section 2208.03.A of the Cochise County Zoning Regulations lists fifteen (15) factors used to evaluate the appropriateness of a rezoning application. The Planning and Zoning Commission and the Board of Supervisors shall consider these in deciding whether to approve a rezoning, or to deny a rezoning. In more typical “upzonings” (to a more “intense” district), there will be both factors in favor and factors against. Consequently, the importance of individual factors is heightened and are analyzed and balanced against other factors when making a recommendation; in other words, individual factors may weigh more heavily than other factors. As stated in Section 2208.03B of the Zoning Regulations, "No set of factors, however, can totally determine the acceptability of all land use proposals. For example, a property owner who adequately demonstrates compliance with the intent of Comprehensive Plan goals and policies may be able to receive approval in spite of non-compliance with any individual factor. Conversely, a determination that unusual circumstances exist or there is great public protest pertaining to a rezoning request may result in a denial even though the rezoning appears to comply with other factors." Nine of the 15 factors are applicable to the rezoning request, and the request complies with each of them. Six of these factors are not applicable to this request.

Mandatory Compliance
The subject property lies within a Category “B”—Neighborhood Conservation land use designation area. Section 402 of the County Zoning Regulations permits owners of property lying within “Neighborhood Conservation” land use areas to request a rezoning to R-18.

1. Provides an Adequate Land Use/Concept Plan.— Complies

The Applicant has provided sufficient information to comply with this requirement, although a map was not included.

2. Compliance with Applicable Site Development Standards. — Complies

There is residential development on the lot, but no new land uses are being proposed. As a downzoning, the requested rezoning will be more in harmony with the residential use of the land.

3. Adjacent Districts Remain Capable of Development.— Complies

Adjoining parcels can continue to meet site development standards, such as setbacks.

4. Limitation on Creation of Nonconforming Uses. — Complies

This rezoning will not result in non-conforming uses, as the existing structure is already being used as a residence.

5. Compatibility with Existing Development. — Complies

While the existing building gives the appearance of a commercial structure with large garage doors and an office located at the front, there is evidence of a home attached to the rear. The surrounding parcels also have residential uses despite all being zoned GB.

6. Rezonings to More Intense Districts. — Not Applicable

This request is to downzone to a less intense district.

7. Adequate Services and Infrastructure. — Complies

There is adequate existing infrastructure to support the use of these parcels as residential. The property is served by a private well and sanitary sewer system. SSVEC provides electricity, and Qwest provides telephone service. The property is protected by the Whetstone Fire District.

8. Traffic Circulation Criteria. — Complies

Because this request is to downzone to residential zoning, it is compatible with the surrounding area and uses and would not burden existing transportation infrastructure.

9. Development along Major Street. — Not applicable

10. Infill. — Not applicable as it applies to non-residential zoning.
This rezoning factor intends to encourage infill in areas where commercial and industrial development exists if rezoning to GB, LI or HI and the site is in an existing Enterprise or Enterprise Redevelopment plan designation area.

11. Unique Topographic Features.— Not Applicable

12. Water Conservation. — Not applicable

13. Public Input — Complies

The Applicant did not conduct a Citizen Review, as this is optional for downzoning requests. However, the Planning Department mailed a legal notice to property owners within 1,500 feet of the site, posted notices at the site, and a legal notice was published in the Arizona Range News. At the time of this memorandum, two letters and one phone call were received in support of this rezoning.

14. Hazardous Materials. — Not applicable

15. Compliance with Applicable Area Plan, Master Development Plan or Comprehensive Plan Policies. — Complies

This proposal complies with the policies of the Comprehensive Plan regarding downzonings. A downzoning to R-18 will ensure that the property is limited to less intensive residential uses compared to what is allowed with the current GB zoning designation.
VI. SUMMARY
An evaluation of all rezoning criteria, per the Cochise County Zoning Regulations, has been performed and staff finds the following factors in favor and against apply to this rezoning request:

Factors in Favor of Approval

1. On August 10, 2011, the Planning and Zoning Commission voted unanimously (6 – 0) to recommend conditional approval of this Docket.

2. The Comprehensive Plan and Zoning Regulations allow consideration of the proposed R-18 zoning for these two parcels. The proposed residential use is consistent with the Category B and “Neighborhood Conservation” Comprehensive Plan land use designation.

3. There is residential development on the lot, but no new land uses are being proposed. As a downzoning, the requested rezoning will legitimize the residential use of the land.

4. Of the fifteen (15) factors used to evaluate the appropriateness of a rezoning application, eight factors comply; six are not applicable and one does not comply.

5. Three neighbors have expressed support.

Factors Against Approval

There are no apparent factors against approval.

VII. RECOMMENDATION
Based on the Factors in Favor of Approval, staff recommends that the Board of Supervisors approve Docket Z-11-05 and sign Ordinance 11-__ to rezone parcels # 106-24-013 and #106-24-014 from General Business to R-18, subject to the following conditions:

1. The Applicant shall provide the County with a signed Acceptance of Conditions and a Waiver of Claims form arising from ARS Section 12-1134 signed by the property owner of the subject property within thirty (30) days of Board of Supervisors approval of the rezoning or the approval of the rezoning may be deemed void; and

2. It is the Applicants’ responsibility to obtain any additional permits, or meet any additional conditions, that may be applicable to the proposed use pursuant to other federal, state, or local laws or regulations.

Sample Motion: Mr. Chairman, I move to approve Docket Z-11-05, rezoning Parcels # 106-24-013 and #106-24-014 from General Business to R-18, with the conditions of approval recommended by staff.

VII. ATTACHMENTS
A. Rezoning Application
B. Location Map/Site Map
C. Public Comment

Record Ordinance 11-__ and return a copy to the Planning Department for the file.

If the Board denies this request, the property will remain zoned General Business.

Please return a copy of the recorded Ordinance #11-___ for the files.