Adopt Zoning Ordinance 12-12 to approve Docket Z-12-05 rezoning Parcel 106-19-018 from Transitional-Residential (TR-36) to General Business (GB), pursuant to the application of Mr. William Martin.

APPLICATION FOR A REZONING

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
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.
REZONING
Section 2208.03 of the Zoning Regulations provides 14 rezoning evaluation factors. Most of the factors are not applicable at this time due in part to the speculative nature of the request.

Mandatory Compliance: Permitted Districts by Plan Designation or Other Adopted Plans

Section 2208.03 reads:
Within each Plan Designation or Area, as depicted in Article 4, Section 402, only those zoning districts which are compatible with the characteristics of that Designation or Area may be formed. Further, if a master development plan, transportation plan or other land use plan has been adopted for the area encompassing the rezoning, the rezoning shall be consistent with the adopted plan. In order to protect the integrity and purpose of the County Comprehensive Plan, compliance with this factor is mandatory.

If the desired zoning district is not permitted in the existing Plan Designation or Area, then it cannot be formed unless a plan change is first obtained according to the provisions of Article 4. The subject parcel is not within an adopted area plan, MDP or other land use plan. Furthermore, the Applicant has requested changing the existing Plan Designation from Neighborhood Conservation (NC) to Developing (DEV) to facilitate rezoning the site to GB.

Land Use/Concept Plan – Does not comply

The Zoning Regulations indicate that a concept plan be submitted as part of a rezoning application:
1. The applicant’s application is accompanied by a Land Use/Concept Plan, which at a minimum includes:

Non-residential
The type(s) of use(s) planned for the site is specified.
The general location, size and height of all structures, location, surface and width of driveways, general location and number of parking spaces, setbacks, proposed screening and landscaping and any significant topographical features such as washes, wetlands, cultural, archaeological or historical sites, hills, and rock outcroppings.
A concept plan showing future improvements was not submitted. As was indicated, the Applicant wishes to rezone the site to make it more attractive to prospective buyers interested in establishing a commercial use.

Compliance with Applicable Site Development Standards - Would likely comply

The property is large enough at 6.3-acres for most permitted uses in the GB districts to be able to comply with applicable site development standards. Full compliance would be determined upon submittal of a commercial permit application:

Setbacks: The minimum setback for all permitted structures and uses in the GB districts abutting TR districts is 40 feet or 20 feet from each road travelway. The subject parcel abuts a GB-zoned property to the south – the minimum setback along that property boundary would only be 5 feet. For Special Uses, however, the minimum setback doubles.

Screening: The Zoning Regulations requires 6 foot high solid screening between GB uses and residential uses.

Noise/Vibration/Odors and Other Nuisances or Emissions beyond the Site Boundary: Noise, vibration and odors are offsite impacts that potentially impact neighboring residential areas. If a proposed non-residential use would generate noise, vibrations and/or odors beyond which is permitted, the use must comply with Sections 1203.06-1203.09 of the Zoning Regulations which govern such off-site impacts.

Adjacent Districts Capable of Development - Complies

This rezoning would not render any adjacent parcel or district incapable of reasonable development.

Limitation on Non-conforming Uses - Complies

This rezoning would not create any non-conforming uses if approved.

Compatibility with Existing Development – Somewhat complies

Area development consists of primarily residential uses. There is a parcel zoned GB to the north, and other commercial zoning and uses exist farther south nearer to Mustang Corners. The request does not appear fully compatible with the primarily existing residential character of surrounding development. However, there is one parcel zoned GB abutting the subject property to the north, so approval of this request would not result in an isolated rezoning, a practice discouraged under Article 102.1.A.10.d of the Comprehensive Plan. The property’s location along a major State Highway and less than a mile from established commercial uses constitutes a factor in favor of approval.

Rezoning to More Intense Districts – Somewhat complies

There isn’t what might be considered a reasonable transition or buffer between the adjacent residential uses and this proposed GB rezoning. However, this request would create an extension of an existing GB district.

Adequate Services and Infrastructure - Complies

Adequate utility and infrastructure services appear to be available to the subject parcel for non-residential uses, and the submitted application indicates that Whetstone Water and the SSVEC would provide water and electric, respectively.
There is no natural gas service to the site, and an onsite septic system would be designed and permitted for the specific commercial use(s). Fire protection is provided by the Whetstone Fire District.

Traffic Circulation Criteria and Development Along Major Streets - Complies

Access to the subject parcel is via SR90 and E. Hamel Rd., a County-maintained unimproved road. E. Hamel also provides access to the rural-residential community to the east and north of the subject parcel. Comments from the County’s Transportation Planner indicate that no improvements would be required at this time. Estimating the level of non-residential traffic is difficult at this time because the Applicant has not specified the nature of any non-residential use(s) (see attached memo from the County Transportation Planner). Traffic mitigation would be determined at the non-residential permit phase. Improvements to SR90 may include turning lanes and/or acceleration/deceleration lanes and medians. The access point located along E. Hamel Rd. would likely need improvement as well.

Section 102.B3.a of the Cochise County Comprehensive Plan states:

Non-residential development shall be discouraged from accessing directly onto streets that primarily serve residential areas;

Approval of this rezoning request would possibly impose non-residential use traffic into a residential area. However, the subject property lies west of the established residential area, an area most likely to be impacted due to its proximity to the subject parcel. Access would be taken primarily from SR90, so non-residential traffic would likely not encroach eastward into residential areas because traffic would generate from the west.

Infill – Not applicable

In order to limit non-residential sprawl, rezonings to GB, LI or HI are typically considered reasonable as infill only when the subject area is located within an existing Enterprise or Enterprise Redevelopment Comprehensive Plan designation. The subject parcel does not have this plan designation, therefore this request is not considered to be an infill development.

Water Conservation – Not applicable at this time

These parcels lie outside of the Sierra Vista Sub-Watershed Overlay Zone. If approved, any non-residential use would have to comply with the County water conservation measures as outlined in Section 1820 of the Zoning Regulations.

Public Input - Complies

Per the requirements of Article 22 and the Citizen Review Process, the applicant sent notice of the proposed Comprehensive Plan Amendment and Rezoning to property owners within 1,000 feet of the subject parcel boundaries. Two letters of support were received by the Applicant.

Official notice from the Planning Department was sent out at least 15 days prior to the Commission hearing to all property owners within 300 feet of the subject property. The property was posted and a legal notice was placed in the Bisbee Observer. To date, the Department has received one (1) letter of support and two (2) letters in opposition.

Hazardous Materials – Not applicable at this time

The use and/or storage of hazardous materials would be addressed at the commercial permit phase.

PLANNING AND ZONING COMMISSION’S RECOMMENDATION

Mr. William Martin, Applicant confirmed his wish to obtain GB zoning in order to more effectively market the property to prospective commercial interests. Commissioner Bemis communicated concern about the speculative nature of the request, and mentioned that neighboring property owners would not know what type(s) of commercial activity would occur if the rezoning were approved. Commissioner Martzke mentioned surprise that the subject parcel is zoned TR-36 in light of its location adjacent to a State highway. Commissioner Martzke suggested that granting the Comprehensive Plan amendment would provide the additional marketability that Mr. Martin seeks, but also expressed concern about the apparent uncertainty about future commercial uses. Nobody from the public chose to speak on the matter.

The Commission voted unanimously to forward a recommendation of denial to the Board for the requested rezoning from TR-36 to GB because of their concern about the uncertainty of future commercial uses. (See Summary and Staff recommendation below).

SUMMARY AND STAFF RECOMMENDATION

Despite the rather speculative nature of this request, by unanimously approving the Comprehensive Plan Amendment request for DEV, the Planning and Zoning Commission tacitly recognized the area as appropriate for General Business. A rezoning from TR-36 to GB would likely not have significant impacts on the residential and rural-residential properties in the area, due in part to its location along a major highway, an area appropriate for General Business development. Furthermore, there is commercial zoning and activities in the general area, and the residential areas nearby may actually benefit from a General Business district located close enough for their use. The unanimous vote to deny the rezoning request by the Planning and Zoning Commission constitutes a factor against; however, staff recommends conditional approval of the rezoning request (see below).

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 rezoning request 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 (8-0) to deny the rezoning request.
If approved, the following standard condition is recommended:

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 Comprehensive Plan Amendment and Rezoning or the approval of the Amendment and Rezoning may be deemed void.

If the Ordinance is adopted by the Board, the next step would be for the Chairman to sign the Ordinance.

If the Board does not adopt the Ordinance, the parcel will retain its current TR-36 Zoning designation.

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