Adopt Zoning Ordinance 15-01 approving Docket Z-14-08, amending the zoning district designation for parcels 106-06-014D & 106-06-023D to MR-2 from GB, pursuant to the request of Mr. James Adams.

APPLICATION FOR A REZONING Docket Z-14-08 (Quail Ridge): The Applicant has requested a rezoning from GB (General Business) to MR-2 (Multiple Household Residential). The subject parcels are approximately 13.36-acres in size and are currently in use as a permitted RV and Mobile Home Park. Rezoning to MR-2 would not alter the existing use. The subject parcels, 106-06-014D & 106-06-023B, are located on N. Yucca Drive in Huachuca City. The Applicant is James Adams. I. PLANNING AND ZONING COMMISSION On Wednesday, January 14, 2015, the Planning and Zoning Commission voted 7-0 to forward this Docket to the Board of Supervisors with a recommendation of approval. The motion included the conditions of approval recommended by staff. No objections were received from Commissioners or any member of the Public. II. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES Size: 13.36 acres Current Zoning: GB (General Business) Requested Zoning MR-2 (Multiple Household Residential) Growth Area: Category B?Community Growth Area Area Plan: None Comprehensive Plan Designation: Developing Existing Uses: RV Park Proposed Uses: Same Surrounding Zoning Relation to Subject Parcel Zoning District Use of Property North State Highway/RU-4 W Highway 82/Electric Substation/ Vacant Land South County Maintained Road/GB W Oak Street/Service Garage/Single Family Residential East GB/MH-54/RU-4 Single Family Residential/Vacant Land West GB/RU-4 Single Family Residential III. PARCEL HISTORY ? In 1984, the subject parcels were rezoned per Docket Z-84-28 from RU-4 to MH-54 for parcel 106-06-14C and to GB for 106-06-014D. ? In 1985, a 194-space RV park was established via permit #7175 on parcel 106-06-014C. ? Per Assessor’s records in 1987, a 71-space RV park was established on parcel 106-06-014D; however, there are no permits on file to establish this park. Based upon the age of the park and its contiguous nature with the park located at 106-06-014C, staff has determined that no additional permitting will be required to legitimize this portion of the park. ? In 1998, parcel 106-06-014C was conditionally rezoned from MH-54 to MH-36 per Z-98-02 and MDP-98-02. ? In 2002, a Variance (BA3-02-01) was granted to waive screening requirements on the North and South sides of the park and to allow sidewalks on only one side of the internal streets. Also in 2002, a permit was issued to expand to 197-RV spaces. ? In 2007, a Variance (BA3-07-01) requesting a waiver of screening requirements on the East and West sides of the park was denied. Another Variance (BA3-07-07) was approved in 2007 to allow reduced setbacks on corner lots that abut internal streets. ? In 2009, a Variance (BA3-09-01) was granted to allow reduced setbacks within individual spaces. ? Between 1985 and 2012, eight additional Non-Residential Permits were issued on parcel 106-06-014C; to construct a 1,680-square foot clubhouse and activity room; for a 2,380-linear foot 6-foot high screening fence; to install a heater in the clubhouse; and to construct a 1,200-square foot storage building with a 350-square foot awning, in 1988 for a 96-square foot, 12-foot high freestanding sign; for a 74-square foot 21-foot high freestanding sign; for electric to illuminate the sign; and for a temporary event (concert) on 10/14/2009. ? During this time there were also 39-Residential Permits for sheds, decks, patio covers, and utilities issued for the two parcels, three of which were voided. ? In 2012, a Variance (BA3-12-11) was granted to waive the limit on the percentage of RV spaces in a manufactured home park. A non-residential permit to change the park from an RV park to a manufactured home park was also issued and completed. ? In 2013, a Variance (BA3-13-04) was granted to legitimize existing site development standards on the property. A Variance from screening requirements was denied. Subject property, southwest of Highway 90 & Highway 82. The northern two parcels are the subject of the request. IV. NATURE OF REQUEST The Applicant wished to amend the zoning of the front parcels from General Business to Multiple Household Residential to match the zoning of the back parcel. The use of the property as an RV Park will not be altered in any way. V. ANALYSIS OF IMPACTS Mandatory Compliance The subject property lies within a Category B–Community Growth Area. Section 402 of the Zoning Regulations allows owners of property lying within this Plan Designation to request a rezoning to MR-2. Compliance with Rezoning Criteria Section 2208.03 of the Zoning Regulations provides fifteen (15) criteria used to evaluate rezoning requests. Ten of the criteria are applicable to this request, which, as submitted, complies with all ten applicable factors. 1. Provides an Adequate Land Use/Concept Plan: Not applicable The request is not connected to any new construction. The rezoning is requested for the purpose of standardizing the zoning of the Park. 2. Compliance with the Applicable Site Development Standards: Complies The property meets all site development standards in the MR-2 zoning district. View of the site showing a portion of the park to be rezoned. 3. Adjacent Districts Remain Capable of Development: Complies The proposed rezoning would not affect the development prospects of any neighboring property. All surrounding properties are currently developed. 4. Limitation on Creation of Nonconforming Uses: Complies The proposal would not create any non-conforming land uses. 5. Compatibility with Existing Development: Complies The area is characterized by mixed residential and commercial development. The existing park is a major feature in the area, and no changes are proposed. 6. Rezoning to More Intense Districts: Not Applicable This is a downzoning from an intense Commercial Zoning to a Residential Zoning of similar density. If approved, the request will greatly reduce the number of Permitted and Special Uses available on the property. 7. Adequate Services and Infrastructure: Complies The site is currently developed and served by all necessary infrastructure. No changes are being proposed to the site. 8. Traffic Circulation Criteria: Complies No new construction is proposed. 9. Development Along Major Streets: Complies The existing RV Park takes access directly from State Highway 82, and there will be no change to this access. 10. Infill: Not Applicable This Factor applies only for rezoning requests to GB, LI or HI. 11. Unique Topographic Features: Complies There are no exceptional topographic features warranting consideration on or near the site. 12. Water Conservation: Complies The existing permitted RV Park will not be expanding or changing. View of the RV Park Clubhouse. 13. Public Input: Complies The Applicant was not required to complete the Citizen Review process, as the request is a decrease in intensity. Staff posted the property on December 22, 2014, and published a legal notice in the Bisbee Observer on December 18, 2014. The Department also mailed notices to property owners within 300-feet of the site. To date, staff has not received any statements for or against the request. 14. Hazardous Materials: Not Applicable No hazardous materials are proposed as part of the future residential development plan. 15. Compliance with Area Plan: Not Applicable The subject property does not lie within the bounds of an approved Area Plan. VI. SUMMARY The request is to rezone two parcels totaling 13.36-acres from GB to MR-2 in the Whetstone area located north of incorporated Huachuca City. The rezoning will provide uniformity of the zoning of the site. The request will remove the possibility of further Commercial development on the subject parcels, but will not impact the existing RV Park. Staff’s recommendation is based upon the above analysis, as well as the following Factors in Favor and Against approval: Factors in Favor of Approval 1. Allowing the rezoning would not alter the overall character of development in the area; and 2. Rezoning to MR-2 would remove the possibility of potentially noxious Commercial uses that the Whetstone Community has opposed in the past; and 3. While the surrounding parcels are currently zoned General Business as well, they are developed residentially, therefore the request brings the zoning more in line with actual development. Factors Against Approval None apparent. VII. RECOMMENDATION Based on the Factors in Favor of Approval, staff recommends Conditional Approval, subject to the following standard 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; 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.

Planning staff will take the recorded ordinance to GIS to amend the County Zoning Maps to reflect this action.

If the Board does not approve the Zoning Ordinance, the subject parcels will retain the current GB zoning designation.

After the Chair signs the zoning ordinance, Board Staff should send a recorded copy of the same to the Planning Department for our files.