MEMORANDUM

TO: Board of Supervisors
FROM: Keith Dennis, Senior Planner
SUBJECT: Docket TUP-12-01 (Western Junction)
DATE: August 3, 2012, for the August 14, 2012 Meeting
REQUEST FOR A TEMPORARY USE PERMIT REQUIRING BOARD OF SUPERVISORS’ APPROVAL
The Applicant has applied for a Temporary Use Permit for two consecutive events, from October 26th to November 3, 2012. Section 1817.03.F requires that events of public interest of greater frequency of once per three months be subject to approval by the Board of Supervisors at a public hearing.

The subject property is the Western Junction Bar & Grill, Parcel No. 103-88-002B, located at 5838 Double Adobe Road in McNeal, AZ. The Applicant is Crystal Miller, proprietor.

I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING USES
Size: 10.59 Acres
Zoning: RU-4 (Rural)
Growth Area: Category D
Plan Designation: Rural
Area Plan: None Applicable
Existing Uses: Western Junction Bar & Grill
Proposed Uses: Unchanged
Surrounding Zoning
Relation to Subject Parcel Zoning District Use of Property
North RU-4 Ranch Land
South RU-4 Double Adobe Road, Rural Residential
East RU-4 Double Adobe Road, Rural Residential
West RU-4 Rural Residential

II. BACKGROUND
The Western Junction Bar and Grill in Double Adobe is home to an increasing number of special events throughout the year. Crystal Miller, owner and proprietor of the establishment, has filed for two temporary use permits for such events this year: in May for a Cinco de Mayo event, and again in July. The latter permit actually concerns two events, which are scheduled to take place within the same week: a “Biker Rodeo” charity event from October 26th – 27th and an outdoor music festival called “Dysfunction at the Junction” November 1st – 3rd. The charity “Biker Rodeo” event is scheduled from 2pm to 3am on Friday, October 26th, and from 8am to 3am on Saturday, October 27th.

The second event is described as an outdoor music festival called “Dysfunction at the Junction.” This event would be held from 2pm to 2am, from Thursday, November 1st, through Saturday, November 3rd.

Not counting time for setup and dismantling, these two events would occur within an eight-day period. Due to the close proximity of these events to each other, staff is processing these two separate events under one Temporary Use Permit (TUP). However, Section 1817.03.F of the Zoning Regulations states that:

3. Maximum length of temporary use permit on a specific parcel that is not occupied by a community park, community center, or school shall be 7 days, including set-up time, within any 3-month period; and

6. Longer events of public interest up to 6 consecutive weeks within a 6-month period may be allowed, subject to approval by the Board of Supervisors. Upon receipt of a completed application, the Planning Director shall submit it to the Board of Supervisors for consideration and action.

Because the consecutive events would take place over an eight-day period, and because permitting the events would mean allowing three such events within a six-month period, staff determined that the request should be brought to a public hearing before the Board of Supervisors.

The Applicant intends to hold more such events in the future; the Biker Rodeo and the music festival, for instance, are intended to be annual events. Staff therefore advised Ms. Miller to apply for a Special Use Permit for Outdoor Recreation and Guest Lodging (for incidental camping activities primarily associated with these events). This has been done, and the Special Use request will be considered by the Planning Commission in September (Docket SU-12-11). As part of this Docket, the Planning Commission will consider the longer-term implications of such regular events, such as off-site impacts relative to traffic, lighting and other impacts.

III. PUBLIC COMMENT
Section 1817 requires that TUP hearings be legally noticed and the property posted 15 days prior to the date of the hearing. Property owner notice within 300 feet of the subject parcel is also required. Staff published a legal notice in the Bisbee Observer on July 26th , posted the property on July 31st, and notified neighbors as required. To date, staff has received favorable correspondence from two neighboring property owners indicating support for the request.



IV. SUMMARY AND RECOMMENDATION
As discussed above, this Temporary Use Permit request, like those in the past, would typically be processed administratively; should the Board approve the request, the permit will be processed as would any other such request. The frequency of such events is indicative of the success of an expanding business, which enjoys some support from neighbors. In order to ensure that special events be permitted in the future, the Applicant has engaged the Special Use process.

Staff recommends approval of Docket TUP-12-01, without condition.

V. ATTACHMENTS
A. Permit Application and related materials
B. Location Map
C. Legal Notice
D. Public Comment

If the Board approves the Docket, the next step would be for the Chairman to sign Resolution 12-__, whereupon the Planning staff will complete the processing and issuance of the Temporary Use Permit.

If the Board does not approve the Docket, the two events proposed as part of the Temporary Use Permit request will not take place.

If the Chairman signs the Resolution, please record the same and return a copy to the Planning Department, attn. Keith Dennis.