Adopt Zoning Ordinance 12-11 to amend a certain Cochise County Comprehensive Plan Designation from Neighborhood Conservation (NC) to Developing (DEV). 

APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT

The Applicant has requested a Comprehensive Plan amendment from the existing designation of NC (Neighborhood Conservation) to DEV (Developing) to facilitate rezoning the 6.3 acre subject parcel from TR-36 (Transitional-Residential; minimum lot size 36,000 sq.-ft. to GB (General Business). The property is located approximately .7-mile north of Mustang Corners in Whetstone, on the corner of SR90 and E. Hamel Rd. The Applicant is Bill Martin of Madera Realty in Tucson.

NATURE OF REQUEST AND ANALYSIS OF IMPACTS

Comprehensive Plan Amendment

The Applicant has requested rezoning the 6.3-acre subject parcel from TR-36 to GB. However, in order to obtain GB rezoning, an amendment to the Cochise County Comprehensive Plan (Plan) must first be approved to change the Neighborhood Conservation (NC) designation to Developing (DEV), as GB zoning isn’t permitted in the NC Plan areas. The subject parcel is located approximately .7-mile north of Mustang Corners (SR90 and 82) in the Whetstone area, an area not covered by an adopted area plan. The Applicant has submitted this request to enable a future purchaser to pursue commercial activities that have yet to be determined. This request constitutes a minor Comprehensive Plan Amendment.

Plan Designations represent the broad parameters for delineated land use in the Comprehensive Plan. The Plan indicates that the creation of new zoning districts must be consistent with the character and intent of the Plan Designation or Growth Area in which the site is located. The Comprehensive Plan Growth Area Categories and Designations are designed to provide a measure of protection to the existing character of a particular area. Section 302 of the Plan indicates that it may be occasionally amended; however, an amendment must be justified by citing specific examples of existing or future growth patterns that do not support continuing the pattern implied by the existing Area Category or Designation.

The subject parcel is designated Neighborhood Conservation (NC); this designation is a reflection of the overall residential character of the surrounding area, and is intended to provide a measure of protection from proliferating non-residential (commercial) uses. However, large areas to the west (across SR90) and south are designated Developing (DEV), and there is also precedent for General Business zoning and activities in the area. Established residential and rural-residential uses are also in the area, especially to the north and east.

A large portion of the subject area lies within a Category B Growth Area, areas described by the Plan as having a moderate level of residential and/or non-residential growth. Furthermore, Category B Growth Areas serve as a logical transition between urban growth and rural areas and/or has a distinctive community identity. These areas also have adequate water, access, drainage and sewage disposal, improved streets designated as arterial or collectors that may support limited non-residential development, and have substantial potential for further development. A small acreage Plan amendment such as this implies that this is an appropriate location for commercial development, including associated infrastructure and services, as opposed to strictly or overwhelmingly continuing residential land uses in the area.

Although a Plan amendment to Developing would not entirely be in keeping with the established, largely residential and rural-residential character of the area, because of the property’s proximity to other GB districts and SR 90, and large areas designated Developing to the south and west across SR90, a Comprehensive Plan Amendment changing the property to Developing would not be inappropriate.

The Comprehensive Plan suggests that a small acreage plan amendment such as this may not be supported, because once established, a precedent is set to request additional plan changes in proximity to the original request thus potentially significantly changing patterns of growth. [This is not the case here, as there is precedent for DEV and GB in the immediate area].  The Commission and Board, in the future, may wish to consider a Comprehensive Plan change that would better reflect the anticipated potential for commercial development along the east side of the SR 90 corridor under the County’s jurisdiction.

Summary of Compliance with Rezoning Factors.

PLANNING AND ZONING COMMISSION’S RECOMMENDATION

Mr. William Martin, Applicant, confirmed his wish to change the property's Plan Designation to Developing in order to ultimately gain approval for GB zoning.    Mr. Martin indicated that he does not have a development plan for the site, but rather, he intends to market it to prospective business-minded buyers.  The Commission suggested that granting the Comprehensive Plan amendment would provide the additional marketability that Mr. Martin seeks, but expressed concern about the apparent uncertainty about future commercial uses. 

FACTORS FAVORING APPROVAL

1. Developing (DEV) Plan Designations are located nearby and precedent exists for commercial zoning and activities in the area;
2. The property lies along a major State Highway, a location appropriate for DEV Plan Designations and GB zoning;
3. There would be no immediate impacts to area residential and rural-residential properties; and
4. Three letters of support were received.

FACTORS FAVORING DENIAL

1. The subject parcel is in an area designated by the Comprehensive Plan as NC. This designation is intended to protect residential neighborhoods from a proliferation of non-residential uses;
2. The Comprehensive Plan Amendment and rezoning requests may be considered speculative in nature; therefore, the type of commercial activities which would occur is uncertain, making analysis of potential impacts difficult;
3. Two letters in opposition were received; and
4. The Planning and Zoning Commission voted unanimously to approve the requested Comprehensive Plan Amendment, but voted unanimously to deny the rezoning request.

STAFF RECOMMENDATION

Based on the Factors Favoring Approval, the Community Development Department recommends approval of this Comprehensive Plan amendment.  

If the Board adopts the Zoning Ordinance, approving the Comprehensive Plan Amendment, the next step would be for the Chairman to sign the Ordinance.

If the Board does not adopt the Ordinance, the 6.3-acre subject property will remain designated Neighborhood Conservation on the Comprehensive Plan Map.

Please return a copy of the signed, recorded Ordinance for the Planning Department files.