Development Services Letter (DOC download)

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PREPARED ON: January 21, 2009 STAFF PLANNER: Kelly/Link

PLANNING AND ZONING COMMISSION HEARING DATE: February 4, 2009 APPLICATION NUMBER: H8102 ASSESSOR PARCEL NUMBER: 301-21-002B AGENDA ITEM NUMBER: 7 SUPERVISOR DISTRICT: 1 TYPE OF APPLICATION: Zoning Map Change APPLICANT NAME: Olson Brothers AGENT NAME: Brooks Johnson PROPERTY LOCATION Located off Interstate 40 Exit 123, on the northwest corner of the intersection of I-40 and the I-40 Business Loop Road in the community of Seligman. SIZE OF PROPERTY: An approximate 5 acre portion of a 10 acre parcel. PROPERTY ZONING: RCU-2A (Residential; Rural; 2 acre minimum) ADJACENT ZONING: C2 (General commercial sales and services) to the south and east; RCU-2A to the north and west. ADJACENT LAND USE: A Shell Service Gas Station, Indian Arts store and Restaurant to the east; Interstate 40 to the south; Vacant property to the north and west. FLOOD STATUS: The parcel is located within FEMA designated Zone D (an area of the County that has not been studied). UTILITIES AND SERVICES:  FIRE: State Fire Marshall/Seligman Fire District  WATER: Seligman Water  SANITARY: On-Site Septic BACKGROUND/PREVIOUS ACTION: On November 15, 1982, the Board of Supervisors approved a Conditional Use Permit, for the entire 10 acre parcel – “with no time limit, until such time as the detailed zoning of Seligman is approved”. A site plan was submitted with that use permit application, depicting a convenience market, restaurant and self-service gas station for the east half of the property and a motel complex for the west half of the property. (copy enclosed) The gas station and restaurant were developed on the east half of the property, however, the motel complex, proposed to be developed on the west half of the property, was never developed. The Seligman Detail Zoning Map was adopted in 1985. The eastern portion of the property was zoned C2 (Commercial General Sales and Services) and the western portion was allowed to remain RCU-2A. With the exception of the 5 acre subject
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Staff Report To The Yavapai County Planning and Zoning Commission

property, the area surrounding the I-40 #123 exit was zoned C2 at that time. Along with adoption of detailed zoning for Seligman, the County also adopted a Land Use Map for the Community. The Community Plan Map recommends that the area around the I-17 Interchange, including the subject property, be developed with commercial uses. On November 4, 1996, the Board of Supervisors approved a Use Permit for a period of four (4) years to allow a pre-manufactured home to serve as a real estate sales office on the undeveloped west half of the property that is zoned RCU-2A, with the following stipulations: 1. Use Permit approval for a period of four (4) years to coincide with the lease agreement between the land owner and applicant executed on April 1, 1996. 2. Total aggregate signage not to exceed 96 square feet in conformance with the C1 zoning district. 3. Conformance to letter of intent dated 9/3/96. 4. All outdoor lighting to conform to Yavapai County Zoning Ordinance Requirements (Dark Sky Ordinance). The real estate sales office use permit was renewed by the BOS on June 4, 2001, for a five (5) year basis subject, to the original stipulations and with the following conditions: 1. Use Permit to be renewed for a period of five years subject to the applicant providing planning staff with an updated lease agreement demonstrating that it coincides with the extended use permit. The Real Estate Office Use Permit was extinguished on February 8, 2008. When the property owner was informed of the extinguishment, he indicated that he wanted to continue with the operation of the real estate office. REQUEST / DESCRIPTION OF PROPOSAL: The applicant is requesting the consideration of a Zoning Map Change from RCU-2A (Residential; Rural; 2 acre minimum) to C2 (Commercial; General Sales and Services) on the west five (5) acre portion of an approximate ten (10) acre parcel so that the entire parcel will be zoned C2, instead of RCU-2A & C2. Although the applicant currently has no plans to develop the 5 acre property beyond the existing Real Estate Office, the applicant is requesting the rezoning so it will not be necessary to renew use permits and so that the property will be zoned commercially, should someone desire to develop a business on the property. ACCESS: The property is accessed directly off the I-40 Business Loop Road, which is a paved ADOT maintained road. PARKING: Existing Parking for the Real Estate office is in keeping with County Parking Standards. SIGNAGE: Signage appears to be in conformance with signage limitation of 96 sq. ft., that was approved with the real estate sales office use permit. SCREENING: The Real Estate office is not required to screen from the adjacent commercial uses or I-40. Vegetative screening somewhat screens the office from the adjacent residentially zoned vacant ranch land and the building looks like a single family residence, rather than a commercial building.
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Staff Report To The Yavapai County Planning and Zoning Commission

CITIZEN PARTICIPATION PROCESS: The applicant indicated that they have contacted the one (1) surrounding property owner who owns a ranch that surrounds the subject property and notified him of their intention to request a zoning map change to the C2 zoning district. That ranch owner indicated that he did not object to the request to rezone the property to C2. CONFORMANCE WITH COUNTY GENERAL PLAN: The Yavapai County General Plan states the following Land Use goal and objectives:  LU.4 GOAL: ESTABLISH PUBLIC PARTICIPATION CRITERIA FOR LAND USE DECISIONS o LU.4.b Objective: Consider zoning upgrades in light of community improvement, and place priority on existing community plans and input from area citizens regarding local projects. o The General Plan also recommends commercial uses, such as: motels, hotels, cafes, fast-food restaurants, gas stations, Mini-marts, along State Highways. CONFORMANCE WITH COMMUNITY PLAN: The subject property is located within the Seligman Land Use Plan area. Commercial zoning of the subject property would be in keeping with the Plan’s recommendation for the area. OTHER APPLICATIONS: This application is similar to re-zoning requests that have been approved over the years at Interstate Highway exits along I-40 and 1-17 to allow for commercial development at those exits. For example, properties surrounding the I-17 Cordes Junction exit have been rezoned to C2 over the past few years. REVIEWING AGENCY COMMENTS: Flood Control: Future development of the site will require an Arizona Registered Civil Engineer to complete a drainage report and grading and drainage plan. ADOT has no concerns with the existing use of the property or the existing business access off I-40 Loop Road, however, access may need to be evaluated and monitored as the area off I-40 exit #123 develops. STAFF ANALYSIS, SUMMARY AND EVALUATION: The existing real estate office on the subject property would be first allowed in the RS (Residential and Services) zoning district as a matter-of-right, Staff has discussed with the applicant the option of rezoning to the C1 (Commercial Neighborhood Sales and Services) zoning district, which would allow for; retail sales; restaurants and cafes (no drive-through windows); banks; real estate offices; gas stations; hotel/motel/resorts; outside patios; timeshares; art galleries; etc. Although most of the uses that are apt to locate at this interstate exit would be allowed within the C1 zoning district, the restriction of drive-through windows could pose an undue restriction for some businesses. In addition to C1 uses, the C2 (General Sales and Services) zoning district allows for: General repair and sales of automobiles, light trucks,& RVs; bars, commercial parking facilities, Veterinary clinics, drive-through window vending, sales (retail & wholesale) and rentals; etc.
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Staff Report To The Yavapai County Planning and Zoning Commission

Although the C1 zoning for this west half of the property could create a transition between the C2 zoned portion of the property along the SR I-40 Business Loop Road and the residential zoning to the north and west, the applicant indicated that he prefers the subject property be rezoned to C2 (Commercial General Sales and Services) in order for it to be in keeping with the zoning on the east half of the property and to afford greater flexibility of uses at the I-40 interchange. Points to Consider:  Staff has received no calls or letters of opposition to the rezoning request and the owner of the ranch that surrounds the subject property provided a letter stating that he did not object to the rezoning of the subject property to C2.  The real estate sales office has been on the subject property since 1996 with no complaints. The real estate office is directly adjacent to I-40 on the south and a gas station, convenience store and restaurant (C1 uses) on the western portion of the property that is zoned C2.  The proposed zoning map change appears to be in keeping with the 1985 Seligman Community Plan and the 2003 County General Plan and it is uncertain as to why the applicant’s 10 acre parcel was split zoned C2 and RCU-2A when other property at the interchange exist was all zoned C2.  Most business that locate near to an Interstate exit (motels, gas stations, restaurants, etc.) would be allowed in the C1 (Neighborhood Sales and Services Zoning District, however, the C1 prohibition against drive-through widows could be problematic for fast-food restaurants that might want to locate at this interstate exit.  Rezoning the subject 5 acres to C1 could provide a transition between the C2 property to the east and the residentially zoned property to the west and many of the uses allowed within the C2 zoning district are not likely to locate at a interstate exit.  Many of the uses allowed within the C1 zoning district could be considered as much of an impact as many of the uses allowed within the C2 zoning district and the owner of the adjacent residentially zoned ranch property does not, object to the C2 rezoning request.

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