Adopt Zoning Ordinance 12-05, to approve Docket Z-12-02 rezoning parcel 403-23-008A from TR-36 to GB, pursuant to the application by Mary Jones.

NOTE: Pursuant to Section 2206.09 of the Zoning Regulations, this item appears on the Consent Agenda, as there were no objections registered, nor requests for an additional public hearing, from any member of the public prior to the January 11, 2012 Commission Hearing. Below is the staff report from said meeting. 


MEMORANDUM

TO: Cochise County Board of Supervisors

FROM: Beverly Wilson, Senior Planner
For: Carlos De La Torre, Community Development Director

SUBJECT: Docket Z-12-02 (Jones)
DATE: March 14, 2012 for the March 27, 2012 Meeting
APPLICATION FOR A REZONING
This is a request to rezone a portion of a parcel of land from TR-18 (Residential, one dwelling per 18,000 square feet) to GB (General Business) to legitimize the commercial activities occurring on site. The subject parcel (Parcel #403-23-008A) is the result of combining two smaller parcels. The western portion is zoned TR-18, while the eastern portion is already zoned GB. The site is located at 10391 North Highway 191 in Elfrida. The Applicant is Mary Jones.

I. PLANNING AND ZONING COMMISSION ACTIONS
On March 14, 2012, the Planning and Zoning Commission voted (7-0) to forward this Docket to the Board, with a recommendation of conditional approval. The Commission recommendation included a requested waiver for screening requirements and the following conditions, as recommended by Staff:

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 provide a revised site plan in conformance with all site development standards except as waived below, 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.

3. Prior to commercial permit issuance, the Applicant will install a gate to provide access from the fenced western portion of the parcel to the eastern portion which is being used to store unrented U-Haul trucks and trailers.

II. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING USES
Size: 61,707 square feet (1.42 acres)
Zoning: TR-18 (Residential, one dwelling per 18,000 square feet
Growth Area: Category C
Area Plan: Elfrida Community Plan
Plan Designation: Developing Growth Area
Existing Uses: U-Haul Rental Business and coffee shop
Proposed Uses: GB (General Business)
Surrounding Zoning

Relation to Subject Parcel Zoning District Use of Property
North TR-18 Residential-one dwelling per 18,000 s.f.
South GB General Business-gas station
East GB General Business-vacant land
West GB General Business – Highway 191




III. PARCEL HISTORY
A permit was issued on October 27, 2005 for a six-foot chain link fence.

A permit was issued on November 28, 2005 to build a 900 square foot Single Family Residence with porch and a sanitary septic system.

On February 28, 2006, a Home Occupation request for E-bay sales and services was denied by the Planning Department (see Attachment D).

On November 10, 2011, an anonymous complaint was received by the Department citing an existing used car lot and remodeling of the home into a restaurant. Upon investigation, the Inspector found a U-Haul rental business, unpermitted signs, new flooring being installed in the existing residence, and at least seven used vehicles for sale on site.

IV. NATURE OF THE REQUEST
The Applicant seeks to change the zoning designation from R-18 (one dwelling per 18,000 square feet) to General Business (GB) to facilitate the existing use of this property, which is currently being used as a coffee shop and a U-Haul Rental office.

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." Eleven of the fifteen factors are applicable to the rezoning request, and the request complies with nine of them. Two factors will comply with a waiver and conditions. Four of these factors are not applicable to this request.





Mandatory Compliance
The subject property lies within a Category “C”—Developing land use designation area. Section 402 of the County Zoning Regulations permits owners of property lying within “Developing” land use areas to request a rezoning to GB.

1. Provides an Adequate Land Use/Concept Plan. — Complies
The Applicant has provided sufficient information to comply with this requirement, although the site plan submitted must be corrected prior to commercial permit application to accurately reflect the newly combined parcels.






2. Compliance with Applicable Site Development Standards. — Complies with Waiver
This parcel is capable of complying with all site development standards for commercial use as required for setbacks, site coverage, distance between structures, glare, noise, odors, landscaping, parking, and nuisance. However, this parcel abuts a residential use along the north property line. Regulations require screening between residential and commercial uses, and will apply to this rezoning. However, the Applicant has asked for a waiver of this requirement, and Staff supports this request, as the existing building is 50’ from the north property line.

Access to this site at present is via a residential scaled access apron of 20 feet. The Applicant has been advised that the commercial apron standards require a 24 feet wide drive. They have also been advised that ADOT will require an Encroachment Permit along with ADOT commercial apron standards and they will need to coordinate with ADOT for any required improvements. This information is provided on the attached report from Karen Lamberton, Transportation Planner (See Attachment E).

3. Adjacent Districts Remain Capable of Development.— Complies
The adjacent parcel to the north of this site is zoned TR-18, with a storage shed sited near the property line. It does not meet the required setback of 20’ at this time. The residence on this lot is sited in the center of two lots, one of which is 12,376 square feet, which is an existing non-conforming lot. The parcel adjoining to the south is currently zoned General Business. This proposed rezoning action will not change the non-conforming standards.

4. Limitation on Creation of Nonconforming Uses. — Complies
This rezoning will not result in non-conforming uses, as the surrounding area contains a mixture of commercial and residential uses.

5. Compatibility with Existing Development. — Complies
While the existing building gives the appearance of a residential structure with a large porch, the interior consists of a large room with tables, chairs, and a coffee pot. The U-Haul Rental business and the small coffee shop are compatible with the surrounding area.



This photo is looking to the northeast at the residential lot adjacent to the subject
parcel.

6. Rezonings to More Intense Districts. — Complies
This request to rezone to GB will be compatible with all surrounding parcels except along the northern parcel line. The subject parcel fronts Highway 191 as it runs through the town center of Elfrida. There is a mixture of commercial and residential uses along both sides of Highway 191.

7. Adequate Services and Infrastructure. — Complies
As proposed, rezoning this parcel will not create a significantly higher traffic volume as analyzed by the County Transportation Planner (See Attachment E).

There is adequate existing infrastructure to support the commercial use of this parcel. The property is served by the Elfrida Water District and has a private sanitary sewer system. SSVEC provides electricity, and gas is provided by Southwest Gas. Copper Valley provides telephone service and the property is protected by the Elfrida Fire District.

8. Traffic Circulation Criteria. — Complies with Condition
The change to a GB Zoning District will not burden the existing transportation infrastructure. However, the eastern portion of the newly combined parcel takes access from West Jefferson Road. This portion of the parcel is unimproved with a native surface and is currently used by the Applicant for storing the U-Haul trucks and trailers available for rent by the public. Per Section 2208.03B8(b) of the Zoning Regulations, residential streets will not be used for any through traffic. Condition #3 will require the Applicant to install a gate to provide access from the fenced western portion of the parcel to this eastern portion.

9. Development along Major Street. — Complies
This proposal does not include new access points to Highway 191, and as stated above, the Applicant has been advised that ADOT will require an Encroachment Permit along with ADOT commercial apron standards and they will need to coordinate with ADOT for any required improvements. This information is provided on the attached report from Karen Lamberton, Transportation Planner (See Attachment E).

10. Infill.— Not Applicable
This rezoning factor intends to encourage infill in areas where commercial and industrial development exists if rezoning to GB, LI or HI, however the site is not 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 conducted a Citizen Review, and received several telephone calls. The Planning Department mailed a legal notice to property owners within 300 feet of the site, posted notices at the site, and a legal notice was published in the Sierra Vista Herald. At the time of this memorandum, the Department has received no communication regarding this proposal.

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 for a Category C growth area, as it is located in a clustered settlement on a major road, and proposes to serve the surrounding rural/agricultural community as well as visitors who may pass through. It also complies with the Elfrida Area Plan, which seeks to: “Promote the economic well-being of Elfrida by encouraging business, industrial and residential growth compatible with the rural character of Elfrida and its environs.”
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. The Comprehensive Plan and Zoning Regulations allow consideration of the proposed GB zoning for this parcel. The commercial use is consistent with the Category C and “Developing” Comprehensive Plan land use designation.

2. The requested rezoning will legitimize the commercial use of the land.

3. Of the fifteen (15) factors used to evaluate the appropriateness of a rezoning application, nine factors comply; two comply with a waiver and conditions; and four are not applicable.

4. There have been no responses from the neighborhood to this request.

Factors Against Recommending Approval

There are no apparent factors against approval.

VII. RECOMMENDATION
Based on the Factors in Favor of Approval, staff recommends that the Planning and Zoning Commission recommend approval of Docket Z-12-02 to rezone parcel # 403-23-008A from R-18 to General Business, subject to the requested waiver for screening requirements and 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 provide a revised site plan in conformance with all site development standards except as waived below, 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.

3. Prior to commercial permit issuance, the Applicant will install a gate to provide access from the fenced western portion of the parcel to the eastern portion which is being used to store unrented U-Haul trucks and trailers.

Sample Motion: Mr. Chairman, I move to approve Docket Z-12-02, rezoning Parcel # 403-23-008A from R-18 to General Business, with the requested waiver for screening requirements and the conditions of approval recommended by staff.

VIII. ATTACHMENTS
A. Rezoning Application
B. Location Map/Site Map
C. Public Comment
D. Denial Letter dated 2.28.06
E. Transportation Planner Memo dated 2.17.12

If the Board approves Docket Z-12-02, the next step would be for the Chairman to sign the Zoning Ordinance, have Board staff record the same, and return a recorded copy to the Planning Department for our files.

If the Board does not approve Docket Z-12-02, the properties subject to the request will retain their current TR-36 Zoning designation. The Applicant seeks to legitimize the use of this parcel.

If the Chairman signs the Zoning Ordinance, please record the same and return a copy of the recorded Ordinance to the Planning Department for our files.