Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit No. 2017-0432. A request by Arely Cardenas on behalf of Robert Bruce and Ivonne Jackson, property owners, for a conditional use permit to allow outdoor sales and displays on property located at 588 N. Main Street, San Luis, Arizona. (item continued from July 11, 2017 Commission meeting)

A. Open public hearing B. Close public hearing
C. Action on Conditional Use Permit Case No. 2017-0432

1. Products and services displayed outdoors are customary, accessory, and incidental to those sold and displayed in a primary business being conducted in a permanent building on the property. 
2. Outdoor sales and displays do not interfere with pedestrian access ways, walk-ways, fire lanes, required parking spaces, driveways, landscape areas, or traffic visibility at driveway entries and street intersections.
3. The combined outdoor sales and displays areas do not exceed ten percent (10%) of the business’s gross square footage. 

1. City of San Luis Fire Department (6-26-17)
2. City of San Luis Building Safety Division (6-26-17)
3. City of San Luis Community Development Department (6-28-17)

Staff met with the applicant on July 18, 2017 and provided information regarding the seven (7) approval criteria for a conditional use permit. The applicant was not present, staff provided the information to her representative. It was discussed that the applicant would revise the request and provide alternatives and submit a new narrative explaining each criteria. Staff received the narrative on August, 2, 2017 explaining each criteria. The new site plan showing less area for the request was recieved on August 7, 2017. 

On August 2, 2017 staff from Building Safety and Fire Department met with the representative at the location of the request. On August 8, 2017 staff received updated comments from both departments. 

As per the Zoning Regulations Section 152.0143(F) Approval Criteria, uses permitted subject to a conditional use permit shall be permitted only if the applicant demonstrates that:
 
      (1)   The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, design standards, or general provision requirements of this chapter;
 
The request requires a conditional use permit as per Zoning Regulations Section 152.107(C)(11).
 
      (2)   The establishment, maintenance, or operation of the proposed use shall not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the surrounding land nor be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;
 
The establishment of outdoor sales and displays will create visual clutter and possible blocked egress therefore the use will be detrimental to the safety and comfort of persons in the surrounding land.
 
      (3)   The proposed use shall not be materially injurious to properties or improvements nor diminish or impair property values in the immediate vicinity;
 
The downtown area was recently improved to enhance traffic circulation, pedestrian safety and improve access to downtown business.  As per General Plan 2020 Section 11.2 one objective is to enhance the appearance of the downtown area and Main Street. This request would be materially injurious to the downtown improvements as this will create visual clutter.
 
      (4)   The proposed use will be served by ingress and egress routes that minimize traffic congestion, shall not burden the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and will be served by adequate public utilities;
 
The property has existing parking spaces for vehicles; however it will create unsafe conditions for pedestrians.
 
      (5)   The proposed use shall not impede the normal and orderly development and improvement of surrounding property for uses permitted by right in the zoning district and shall be in compliance with the City of San Luis General Plan adopted by the City;
 
The property has a land use designation of Activity Center under the General Plan 2020. As per General Plan Land Use Element Section 2.6, two of the Character and Design of this designation are visually attractive corridors and easy access for pedestrians. As mentioned by the Fire Department any obstruction to the path of egress might hinder evacuation of employees and the general public in case of an emergency. 

      (6)   The proposed use is necessary or desirable or provides a service or facility that contributes to the general well being of the area; and
 
Outdoor sales and displays are not necessary or desirable or provide a service or facility that contributes to the general well-being of the area. It does contribute to only one business owner.
 
      (7)   The proposed use shall not create more adverse impacts on existing uses in the surrounding areas than those which reasonably might result from development of the site with a use that is permitted by right in the zoning district.
 
The use will not create more adverse impacts on existing uses.

Staff recommends denial of the request based on that it does not meet the approval criteria as per City Code- Zoning Regulations Section 152.0143(F).

A. I MOVE TO OPEN PUBLIC HEARING
B. I MOVE TO CLOSE PUBLIC HEARING
C. I MOVE TO FORWARD CONDITIONAL USE PERMIT CASE NO. 2017-0432 TO THE CITY COUNCIL WITH RECOMMENDATION OF DENIAL