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ARF- 25

Public Hearing 3- D

Regular BOS Meeting

Meeting Date:	09/21/2010
Submitted By:	Beverly Valenzuela, Community Development Division
Department:	Community Development	Division:	Community Development Administration
Fiscal Year:	2011	Budgeted?:	No
Contract Dates Begin & End:	n/a	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

Conditional Use Permit request for Jennifer King to construct new restaurant.

Background Information

EXISTING LAND USE / ZONING DESIGNATION

Subject Site: Undeveloped TR-TD Property

North: Undeveloped TR-TD Property

South: Undeveloped TR-TD Property

East: Undeveloped TR-TD Property Undeveloped C3 Properties

West: Undeveloped C3 Properties / Residential property R1-D10

The subject site and most surrounding parcels are currently zoned for small commercial development with buildings up to 2500 square feet. A small stretch of land on the west comes into contact with the Quail Run subdivision that is zoned R1-D10. The residential zoned property is at least 250 feet away from the proposed development of the restaurant.

BACKGROUND INFORMATION

A. There is currently no development on this property. There has been grading for this site.
B. The site is sitting on top of a hilly area.
C. While there is no FEMA regulated floodplain or floodway on this parcel there is a county regulated floodplain area. The proposed parcel will require a floodplain use permit. It does not appear that the building site is within the floodplain area.

APPLICABLE REQUIREMENTS

Zoning requirements for Conditional Uses and Condition Use Permits are provided in Section 103.11 of the zoning ordinance. The regulations for the TR District is located in Section 104.2 f(P) of the Zoning Regulation and the regulations for TD District is located in 104.3 (C) of the Zoning Code.

103.11
CONDITIONAL USES AND CONDITIONAL USE PERMITS

1. GENERAL: As defined in Section 102, Conditional Uses are those uses which, although not specifically permitted in a given zoning district, would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. Conditional Use Permits shall be issued setting forth all qualifying conditions subject to the procedures for rezoning found in Section 105 Amendment Procedures.

HEARING:

A. Upon receipt of a complete application and site plan and the non-refundable application fee, a hearing on the application shall be scheduled before the Planning and Zoning Commission.

B. The Planning and Zoning Commission may either deny the application, recommend its approval subject to qualifying conditions, or return it to staff for further study prior to a rehearing.

C. Once a recommendation has been made by the Planning and Zoning Commission, a hearing on the application shall be scheduled before the Board of Supervisors.

D. The Board of Supervisors may either deny the application, accept the recommendation of the Planning and Zoning Commission, modify the recommendation, or send the application back to the Commission for further study.

E. Upon the final approval of the Board, a Conditional Use Permit shall be issued by the Department setting forth all qualifying conditions.

Evaluation

A. The current ingress and egress is across parcel 204-06-006K (zoned C3) off the Post Office entrance. Ingress and egress will most likely come off Highway 188 through Parcel 204-06-005D (zoned C3)

B. Staff has inspected the subject site and finds that this 17 acre property can accommodate the proposed use and be compatible with surrounding parcels.

C. The area for the restaurant is sitting at a higher elevation than any of the surrounding property. It is important that lighting be appropriate shielded from adjacent properties.

D. Transitional Residential (TR) allows a mix of uses with the stipulation that non-residential uses be conducted within a building and no commercial activity between 11 PM and 6:00 AM.

E. A property development plan will be required to be approved or disapproved by the Community Development Director.

F. The reasons for utilizing the Conditional Use Permit process for this project is that while it is not listed as a permissible use an outright permitted use was General Retail with gross floor areas not exceeding 2500 square feet. This project will exceed 2500 square feet, but due to the existing terrain will be well separated from residential areas.

Conclusion

VI. ANALYSIS

A. The current ingress and egress is across parcel 204-06-006K (zoned C3) off the Post Office entrance. Ingress and egress will most likely come off Highway 188 through Parcel 204-06-005D (zoned C3)

B. Staff has inspected the subject site and finds that this 17 acre property can accommodate the proposed use and be compatible with surrounding parcels.

C. The area for the restaurant is sitting at a higher elevation than any of the surrounding property. It is important that lighting be appropriate shielded from adjacent properties.

D. Transitional Residential (TR) allows a mix of uses with the stipulation that non-residential uses be conducted within a building and no commercial activity between 11 PM and 6:00 AM.

E. A property development plan will be required to be approved or disapproved by the Community Development Director.

F. The reasons for utilizing the Conditional Use Permit process for this project is that while it is not listed as a permissible use an outright permitted use was General Retail with gross floor areas not exceeding 2500 square feet. This project will exceed 2500 square feet, but due to the existing terrain will be well separated from residential areas.

Recommendation

The Planning and Zoning Commission met on August 19, 2010 and voted unanimously to recommend approval of this conditional use permit with the staff recommendations that included the eight conditions specified, as follows:

The Planning and Zoning Commission recommends approval with the following conditions:
Because the proposed use provides a needed service and because the proposed use could be compatible with the surrounding land uses and topography, and because the use is allowed by the Zoning Ordinance through the Conditional Use Permit process, staff suggests:

That the Planning and Zoning Commission recommend to the Board of Supervisors approval of application CUP-10-02. That the 17 acre property shall be allowed the restaurant use, if and when the following conditions are met:

1. Building permits shall be obtained.
2. Sanitary facilities for the use shall be designed, constructed and approved by the Wastewater Department.
3. All parking must meet county standards and be accommodated on the site.
4. Any applicable State and County Health Department regulations shall be complied with, and all required permits must be obtained and remain valid so long as the use is in operation.
5. All outdoor lighting shall be appropriately shielded in accordance with county regulations.
6. A development must be submitted per the county Zoning Ordinance.
7. Outside dining tables will be permitted and must be shown on the development plan.
8. Violations of any of the seven previous conditions shall be grounds for suspension or revocation of this Conditional Use Permit

Suggested Motion

Public Hearing- Information/Discussion/Action to adopt Resolution No. 10-08-02 for Planning and Zoning Department Case No. CUP-10-02, an application filed by Salado Properties for owner Jennifer King, which is a request for construction of a restaurant, Lake House Grill, to be located on Hwy 188 (across from the currently open Lake House Grill), Gila County Assessor’s Tax Parcel 204-06-005E, Sec. 15, T3N, R13E. (The Board of Supervisors may consider adopting this Resolution with a stipulation that 8 conditions be included as recommended by the Planning and Zoning Department.) (Bob Gould)

Attachments
CUP-10-02 KING