Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case 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. (Jose A. Guzman, Acting Planning and Zoning Director)

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

In an effort to improve pedestrian access in Community Commercial Zoning District (C-2), City Council adopted Ordinance No. 338 on May 27, 2015. This ordinance amended the Zoning Regulations by requiring a conditional use permit to allow outdoor sales and displays and only if the following conditions are met:

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. 

1. 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.
2. The combined outdoor sales and displays areas do not exceed ten percent (10%) of the business’s gross square footage. 

Since Ordinance No. 338 was adopted this is the first request submitted for a conditional use permit for outdoor sales and displays. The request is to allow electronics and clothes to be displayed outside Gomart, business located in the downtown area at 588 N. Main Street. 

CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on June 27, 2017 at City Hall Council Chambers at 6:00 p.m.  The intent of this meeting was to allow the public to learn about the project, ask questions, and express any comments, no one from the public was present.

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have received the following comments:

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)

As required by State Statute, staff sent 19 notification letters to property owners within 300 feet of the proposed project. The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners.

PLANNING AND ZONING COMMISSION MEETING:
This item was presented to the Planning and Zoning Commission at their regular meeting of July 11, 2017. During that meeting the Commission asked questions to the representative and to staff. Staff analysis and recommendation was to deny the request. The item was continued to the August meeting in order to give the opportunity to the applicant to explore more options and try to address staff concerns.

The item was presented to the Planning and Zoning Commission again at their regular meeting of August 8, 2017. Staff presented the new analysis based on new comments from Fire Department and a new site plan submitted by the applicant. The new analysis and recommendation from staff was to deny the request. The Commission agreed with staff recommendation and is also recommending denial of the request. 

ANALYSIS:
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 received 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;
   
      (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;
   
      (3)   The proposed use shall not be materially injurious to properties or improvements nor diminish or impair property values in the immediate vicinity;
   
      (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;
   
      (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;
 
      (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
   
      (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.
 
STAFF RECOMMENDATION:
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
     1. Presentation by Staff and/or Applicant or applicant's representative
     2. Call to the public on this Item.
B.  I MOVE TO CLOSE PUBLIC HEARING
C.  I MOVE TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT BASED ON THE INFORMATION RECEIVED AT THIS PUBLIC HEARING AND THE ANALYSIS OF STAFF.