Adoption of Resolution No. 13-12-04 regarding Planning and Zoning Case No. CUP-13-04 for Candese Bridges
Background Information
Intent of Purpose of R1-D10 Zoning:
To promote the development of areas primarily of single family dwellings, intending that all other uses be installed, operated and maintained in a manner so as to either complement, or at least be of a minimum disruption to such single family uses. District Stipulations and Provisions, and Permitted Uses as set forth in this section shall be deemed a nuisance.
In August of 2006, Candese Bridges was approved for a Use Permit to operate a weekend retreat at this home in Pine. Upon receiving a query regarding the commercial activity on this property, staff inspected the property and found that the property owner was not in compliance with the Use Permit.
Four bedrooms of the home were being used for paying guests and they also had a gift shop. This land use activity has been in operation for more than 7 years. There have been no complaints filed by the neighbors.
The Use Permit conditions were:
a. The guest for weekend retreats would not park in the roadway as it is too narrow and home is located on a corner lot providing poor visibility.
b. The property owner would utilize a 3500 gallon water tank for weekend visitors and set the timer to fill the tank after midnight and before 6 AM.
c. Any overflow traffic would be parked at another property owned by the property owner.
d, All lighting would be reflected away from adjoining properties and be the minimum needed.
e. Property owner will raise the current four foot fence on the east side to an opaque fence with a height of six feet.
f. There will be no more than sixteen (16) guests at any one time.
g. This is not a business activity with paying customers.
The closest zoning designation that staff felt fit this activity is a Bed and Breakfast facility for four or five bedrooms. This activity requires a Conditional Use Permit.
Evaluation
This property is currently zoned R1-D12 (Residence One District). This zoning district will allow up to 3.5 residential units per acre. It serves as a more rural residential district with minimum lot sizes of 12,000 sq. ft.
There are several issues that should be looked at for compatibility:
a. Noise: Playing music till 11 PM outside can be disturbing to residential properties.
b. Lighting: Lighting needs to occur in a manner that assures surrounding residential properties will not be adversely affected.
c. Sale of alcoholic beverages in residential areas need to have adequate controls so it does not become a nuisance to surrounding property owners.
d. Dust from unpaved parking facilities can be a nuisance to surrounding properties.
Conclusion
There have been no complaints filed by the neighbors.
The closest zoning designation that staff felt fit this activity is a Bed and Breakfast facility for four or five bedrooms. This activity requires a Conditional Use Permit. Gila County Zoning Ordinance Section 104.2.A.5.a reads: a. Bed and breakfast establishments subject to the same conditions as those under which a Use Permit may be granted, with the following exceptions:
i. Up to five bedrooms may be designated and/or occupied as guest rooms.
ii. Guest rooms may be located in buildings on the same property other than the main dwelling, provided, however, that these rooms shall contain no facilities for the storage or preparation of food.
iii. Guest rooms may be accessed by entrances other than the main entrance to the dwelling.
Recommendation
The Gila County Planning and Zoning Commission held a public hearing on November 21, 2013, and unanimously recommends approval of the Conditional Use Permit. It is recommended that the Board of Supervisors adopt Resolution No.13-12-04, which authorizes the issuance of a Conditional Use Permit to Candese Bridges with the following conditions:
a. Up to five bedrooms may be designated and/or occupied as guest rooms.
b. Food preparation must be approved by the Gila County Health Department.
c. Guest rooms may be accessed by entrances other than the main entrance to the dwelling.
d. Limit the amount of noise from music that can cause disruption to residential uses.
e. Limit the spillage of light onto adjacent residential properties.
f. Any sales of retail items will be limited to sales to paying guests only.
g. The maximum duration of stay of any one guest shall be ten (10) days.
h. All parking must be accommodated on the site.
i. All meals or snacks provided to guests shall be served in a common dining area.
j. Any applicable State and County Health Department regulations must be complied with, and all required permits must be obtained and remain valid so long as the use is in operation.
k. This Conditional Use Permit shall replace the current Use Permit issued in 2006.
l. This Conditional Use Permit will be revisited in two years for compliance.
Suggested Motion
Information/Discussion/Action to adopt Resolution No. 13-12-04, which approves Gila County Planning and Zoning Case No. CUP-13-04, an application submitted by Candese Bridges (applicant/owner) for a Conditional Use Permit on Gila County Assessor's tax parcel number 301-31-143A located at 5659 Chaparral Lane in Pine, AZ to allow the home to be used as a retreat destination with paying guest services along with meals served to guests. Premises to accommodate up to sixteen (16) guests and will include a gift shop. (Robert Gould)