AIR-5988 Rezoning 1. BOS Regular Agenda Rezoning Full ...

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AIR-5988 Rezoning 1. BOS Regular Agenda Rezoning Full Hearings Meeting Date: 11/17/2014 Special Use Permit Case No. 14-03 Submitted For: Monty Stansbury Submitted By: Chad Bahr Department: Development Services Dept. Information 1. REQUESTED BOARD ACTION: Development Services. Special Use Permit Case No. 14-03: John Navarro, agent for Fortuna De Oro LLC, requests a Special Use Permit per Section 604.03(D) of the Yuma County Zoning Ordinance to establish a lodge for meeting and gathering of the local Aerie No. 4538 Fraternal Order of Eagles for members and guests only on a 3.83-(gross) acre portion of a parcel 26.39-net acres in size zoned Low Density Residential-8,000 square feet minimum (R-1-8), Assessor's Parcel No. 198-03-004, located on the north side of Masterson Avenue (aka East County 10½ Street) at approximately one-fourth (1/4) of a mile east of Foothills Boulevard, Yuma, Arizona. 2. SUMMARY: Staff concurs with the Planning Commission's recommendation of approval. The application area (3.83 acres) is a part of APN 198-03-004, a parcel that was zoned to the current R-1-8 zoning in 2001 via Rezoning Case No. 01-31 (RZ01-31). There was a Schedule for Development attached to that case to have a tentative map approved and record a final plat by October 16, 2015 that has NOT been fulfilled. If this is not done and there is a reversion hearing, then the worse case scenario is this SUP gets approved and divided off from the rest of APN #198-03-004 to become its own 3.83-acre parcel under separate ownership, and the zoning is reverted back to the original RA-10 zoning. Under this situation the parcel would become nonconforming based upon its size (it would be 3.83 acres and the zoning would then require 10 acres) and the Department of Development Services (DDS) would place a lock upon the parcel barring it from further development. The agent has been informed that if this occurred, then the new owner would have to file and have approved by the BOS both a minor amendment to the Yuma County 2020 Comprehensive Plan (to R-RD) and then a rezoning (to SR-3 or SSB-3) to bring the parcel into compliance with zoning. There is also the possibility that if the Schedule for Development for RZ01-31 is not met, the BOS may grant an extension of time to comply with the Schedule for Development. As of 10-13-14, the super-majority approval requirement has not been triggered because the opposition received amounts to 2% by area and 14% by number. The Arizona statutory requirement for this to be triggered is at least 20% by area and 20% by number. This case was originally scheduled to be heard by the BOS on 9-15-2014, but per DDS YCBOS PACKET -- Regular Session: November 17, 2014 Page 473 of 512

Transcript of AIR-5988 Rezoning 1. BOS Regular Agenda Rezoning Full ...

   

AIR-5988     Rezoning 1. BOS Regular Agenda Rezoning Full Hearings Meeting Date: 11/17/2014  

Special Use Permit Case No. 14-03Submitted For: Monty Stansbury  Submitted By: Chad BahrDepartment: Development Services Dept. 

Information1. REQUESTED BOARD ACTION:Development Services. Special Use Permit Case No. 14-03: John Navarro, agent forFortuna De Oro LLC,  requests a Special Use Permit per Section 604.03(D) of the YumaCounty Zoning Ordinance to establish a lodge for meeting and gathering of the localAerie No. 4538 Fraternal Order of Eagles for members and guests only on a 3.83-(gross)acre portion of a parcel 26.39-net acres in size zoned Low Density Residential-8,000 square feet minimum (R-1-8), Assessor's Parcel No. 198-03-004, located on the northside of Masterson Avenue (aka East County 10½ Street) at approximately one-fourth(1/4) of a mile east of Foothills Boulevard, Yuma, Arizona.

2. SUMMARY:Staff concurs with the Planning Commission's recommendation of approval.

The application area (3.83 acres) is a part of APN 198-03-004, a parcel that was zonedto the current R-1-8 zoning in 2001 via Rezoning Case No. 01-31 (RZ01-31). There wasa Schedule for Development attached to that case to have a tentative map approved andrecord a final plat by October 16, 2015 that has NOT been fulfilled. If this is not done andthere is a reversion hearing, then the worse case scenario is this SUP gets approvedand divided off from the rest of APN #198-03-004 to become its own 3.83-acre parcelunder separate ownership, and the zoning is reverted back to the original RA-10 zoning. Under this situation the parcel would become nonconforming based upon its size (itwould be 3.83 acres and the zoning would then require 10 acres) and the Department ofDevelopment Services (DDS) would place a lock upon the parcel barring it from furtherdevelopment. The agent has been informed that if this occurred, then the new ownerwould have to file and have approved by the BOS both a minor amendment to the YumaCounty 2020 Comprehensive Plan (to R-RD) and then a rezoning (to SR-3 or SSB-3) tobring the parcel into compliance with zoning.  There is also the possibility that if theSchedule for Development for RZ01-31 is not met, the BOS may grant an extension oftime to comply with the Schedule for Development.

As of 10-13-14, the super-majority approval requirement has not been triggered becausethe opposition received amounts to 2% by area and 14% by number. The Arizonastatutory requirement for this to be triggered is at least 20% by area and 20% by number.

This case was originally scheduled to be heard by the BOS on 9-15-2014, but per DDS

YCBOS PACKET -- Regular Session: November 17, 2014 Page 473 of 512

This case was originally scheduled to be heard by the BOS on 9-15-2014, but per DDSpolicy, the agent paid for and requested that the hearing be held on 11-17-2014, to allowfor the Eagles' membership to consider and vote on items related to the development ofthe lodge after November 1st.

3. Commission's Recommended Motion:The Planning Commission (with a 5 to 3 vote, Commissioners Henry, McKinley, andWhite voting nay) recommends approval of this request subject to the attachedPerformance Conditions and Operational Conditions.

4. Staff's Recommended Motion:Staff recommends approval of this request as recommended by the PlanningCommission.

COUNTY ATTORNEY:Approved as to form. E Feheley, 15 Oct 2014.

COUNTY ADMINISTRATOR:Approved.  R. Pickels

AttachmentsPage 2 of Air FormVicinity MapStaff ReportApplication, Narrative and Site PLan Comments from Rural MetroOther Internal and External Comments7-28-14 PC MinutesPC Legal Notice9-15-14 BOS Publisher's Affidavit

YCBOS PACKET -- Regular Session: November 17, 2014 Page 474 of 512

AIR Form: SUP14-03

Page 2

REQUESTED BOARD ACTION: (Legal description)

A portion of the South Half of the North Half of Section 3, Township 9 South, Range 21

West of the Gila and Salt River Base and Meridian, Yuma County, Arizona, more

particularly described as follows:

Commencing at the East Quarter corner of said Section 3, at which point was found a brass

cap, and from which the West Quarter of said section, at which point was found a brass cap,

bears S89°47’06”W a distance of 5,282.65 feet, thence S89°47’06”W along the East-West

mid-section line of said Section 3, a distance of 3,870.65 feet to the True Point of Beginning;

Thence continuing S89°47’06”W along said East-West mid-section line of said Section 3, a

distance of 417.35 feet to a point from which the West Quarter corner of said section bears

S89°47’06”W a distance of 994.59 feet;

Thence N00°13’14”W a distance of 701.86 feet;

Thence N90°00’00”E a distance of 5.13 feet;

Thence S24°07’00”E a distance of 16.65 feet;

Thence S36°03’57”E a distance of 80.53 feet;

Thence S38°05’36”E a distance of 81.43 feet;

Thence S40°00’25”E a distance of 49.18 feet;

Thence S39°08’42”E a distance of 145.25 feet;

Thence S34°48’18”E a distance of 72.45 feet;

Thence S29°45’03”E a distance of 63.49 feet;

Thence S24°08’26”E a distance of 99.65 feet to a tangent curve;

Thence along said curve to the right with a radius of 60.00 feet, and a central angle of

28°18’52” for a distance of 29.65 feet;

Thence S4°10’26”E a distance of 50.00 feet;

Thence S6°12’54”E a distance of 44.49 feet;

Thence S0°12’54”E a distance of 12.31 feet;

Thence S45°12’54”E a distance of 35.36 feet;

Thence N89°47’06”E a distance of 30.92 feet;

Thence S15°45’40”E a distance of 41.50 feet to a point on the East-West mid-section line of

Section 3 and True Point of Beginning.

Containing an area of 166,741 square feet (3.83 acres) more or less.

SUMMARY:

CHRONOLOGY:

05-30-14 Application received

07-03-14 Public notice mailed to properties within 300 feet of the request and all

relevant agencies/stakeholders

07-03-14 Letter mailed informing applicant of item being placed on the Planning

Commission’s public hearing agenda

07-08-14 Legal ad appears in the Yuma Sun for the Planning Commission’s public

hearing

YCBOS PACKET -- Regular Session: November 17, 2014 Page 475 of 512

AIR Form: SUP14-03

Page 3

CHRONOLOGY: (continued)

07-02-14 Property posted for the Planning Commission’s public hearing

07-14-14 Staff report mailed or e-mailed to agent

07-28-14 Planning Commission recommends approval

08-06-14 Property posted for the Board of Supervisors' public hearing

08-13-14 Legal ad appears in the Yuma Sun for the Board of Supervisors’ public

hearing

08-14-14 Letter mailed informing applicant of item being placed on the Board of

Supervisors' public hearing agenda

09-15-14 Agent requests and pays for a time extension for the BOS hearing to

continue case to November 17, 2014 to allow the Eagles board to meet and

vote on issues pertaining to this SUP application

09-15-14 Board of Supervisors' hearing - case tabled until November 17, 2014 per

agent's request

10-20-14 Property posted for the Board of Supervisors' public hearing

10-29-14 Legal ad appears in the Yuma Sun for the Board of Supervisors’ public

hearing

10-31-14 Letter mailed informing applicant of item being placed on the Board of

Supervisors' public hearing agenda

11-17-14 Board of Supervisors' hearing

RECOMMENDATION: The Planning Commission recommended approval of SUP 14-

03 on July 28, 2014, by a 5-3, margin. They recommended attaching the following

Performance and Operational Conditions.

Performance Conditions.

1. The owner or applicant shall submit the following document within 60-days of Board

of Supervisors approval of SUP14-03 and submit them to the Department of

Development Services:

a. An A.R.S. §12-1134 waiver.

2. The owner or applicant shall divide the application area of the parcel from the balance

of the other portion of APN 198-03-004 via a Land Division Permit (LDP) according

to Section 507.00 of the Yuma County Zoning Ordinance within six (6) months of

Board of Supervisors approval of SUP14-03 and submit the application to the

Department of Development Services.

3. The owner/applicant shall acquire and have finalized all required permits as per

appropriate code requirements within two (2) years of approval by the Board of

Supervisors or the Special Use Permit shall expire pursuant to Section 402.5(B)(1)(a)

of the Yuma County Zoning Ordinance.

YCBOS PACKET -- Regular Session: November 17, 2014 Page 476 of 512

AIR Form: SUP14-03

Page 4

Operational Conditions.

1. The hours of operation shall be from 10:00 AM to 10:00 PM, Sunday through

Saturday.

2. No vehicle parking for the proposed use is permitted in the public right-of-way.

3. In addition to meeting Section 1109 of the Yuma County Zoning Ordinance for

Outdoor Lighting the following shall apply: all security and parking lot lighting shall

be low pressure sodium, have full cutoff light fixtures and the maximum total outdoor

light output shall be no more than a developed area of 12,000 Lumens per acre.

Outdoor lighting fixtures shall not be counted in determining the total light output

when they are full cutoff light fixtures installed under canopies, building overhangs,

or roof eaves.

YCBOS PACKET -- Regular Session: November 17, 2014 Page 477 of 512

SCALE: 1" = 700'

CASE PLANNER: C. BahrDATE DRAWN: 5-27-2014REVIEWD BY: J. Barraza

FOR INFORMATION ONLY - NO LIABILITY ASSUMED

PLANNING & ZONING DIVISION2351 W. 26TH STREETYUMA, AZ 85364

DEPARTMENT OFDEVELOPMENTSERVICES

CASE NO:LOCATION:APN:

SUP 14-03Approx. 13300 Block of Masterson Ave

198-03-004 (a portion thereof)

300 FEET BUFFER

Zoning BoundarySUBJECT PROPERTY

R-2

R-1-20

R-1-40C-1

Application Area

RA-10

µ

RA-10

RA-10

RVP

R-1-8

RVS

RVP

C-2

RA-10 C-2

RA-10

Fortuna GolfSubdivision

Foothills North Subdivision

(9

(168(170

(8

(172(219

(222(223

(245(246

(117(118

(204

(267

(218(207(208(209 (196(197(198(199(200(201(202(203

(161(169(171(173(175(176(174

(2

(4

(7

(195(220(211

(271(272

(228(229(232(234(239(240 (221

(75(76(77

(153 (142(143

(3

(125(126

(122

(1

(5(9

(78 (60(61(62(63(65(66(67

(268

(165(166

(212

(130

(233(235(237(241

(114(115(116(127(128

(68(69 (59

(133

(254

(132 (119

(107(108

(154(155(156

(89

(131

(73(74

(109 (90(215(92(93(94

(249(250(251(252(253

(193(194(205

(98(99(100(101(102(103(104(105

(144(145(146(147

(79(80(81(82

(10

(230(231

(6

(226

(139(140(141(159

(236(238

(113(120(121

(136(137(138

(6

(162(163(164(217 (177(178(180(167

(188(189

(148(149(150(151

(227

(244(255(256(257(258(259(260(261(262(263(264

(5

(70(71(72 (216

(86(87(88(95(96(97

(5

(106

(123(124(160

(4

(190(191(192

(181(182(184(185

(13 (150 (10 (9

(55

(80

(52

(115

(116

(50

(68 (67

(162

(110

(161(167

(85 (58 (59 (60 (61 (62 (63

(51

(183

(184

(185

(69

(136(145

(119

(79

(48

(47

(46

(45

(155(35

(31(42

(22

(146

(83 (82

(49

(16 (15 (14

(107

(8

(152(36

(32

(75 (74 (73 (156 (70

(102(101

(100(99

(98

(78 (77 (76

(147

(109

(154(153

(37

(157

(165

(64 (65 (66 (17 (18 (19 (20 (21

(108

(154

(117

(141(144 (140

(139(138

(53 (54

(105

(103

(137

(168

(111

(164(166

(163

(150

(113(181(182

(180

(97(96

(170

(23 (24

(81

(41 (38

(39

(40

(104

(152(153

(106(162

(161

(171 (172(173(169

(112

(149(148(151

(5

(84

(4

(190

(518

(248 (519

(225

(189

(114

(900

(19 1

(1

(4

(2

(148

(149

2

Legend

R-1-12

Foothills North2 Subdivision

4

E Masterson Ave

S Foo

thill

s Blv

d

S El C

amin

o Del

Diab

lo

E Gatewood Ln

3

PD

YCBOS PACKET -- Regular Session: November 17, 2014 Page 478 of 512

Staff Report to the Planning and Zoning Commission

July 14, 2014

Special Use Permit Case No. 14-03

REQUEST: John Navarro, agent for Fortuna De Oro LLC, requests a Special Use Permit per

Section 604.03(D) of the Yuma County Zoning Ordinance to re-establish a lodge for a

membership organization. Local Aerie No. 4538 Fraternal Order of Eagles is the beneficiary of

the request on a 3.83 gross acre portion of a parcel 26.39 net acres in size zoned Low Density

Residential-8,000 square feet minimum (R-1-8), Assessor’s Parcel Number 198-03-004, located

on the north side of Masterson Avenue (aka East County 10½ Street) at approximately one-

fourth (1/4) of a mile east of Foothills Boulevard, Yuma, Arizona.

APPLICANT: John Navarro, agent for Fortuna De Oro AZ, LLC.

The application is within Supervisor District 3, Supervisor Russ Clark. Planning Commissioners

are Wayne Briggs and Michael Henry. Staff report prepared by Chad Bahr, Senior Planner.

DIRECTIONS: At the intersection of Interstate 8 and Foothills Boulevard, travel north on

Foothills Boulevard ½ of a mile to Masterson Avenue (County 10½ Street). Turn east (right) on

Masterson Avenue and travel approximately 0.25 of a mile. The subject property is located on

the north (left) side of the road.

INTENT:

To re-establish a lodge for the local Aerie No. 4538 Fraternal Order of Eagles a membership

organization for members and guests only. The immediate plan is the placement of a factory built

building 3,000 square feet in size on the subject property. In the future, as money becomes

available, the plan is to construct an 11,000 square feet building as the meeting building and re-

locate the 3,000 square feet meeting building to another location upon the property for

summertime office use. Existing larger trees are designed to be left and either designed around or

moved to appropriate locations. The site will include area lighting for security and other lighting

designed to be non-offensive. Current membership is 400+/- 10 individuals as of July 10, 2014,

with 70% of the membership being winter visitors.

SITE CONDITIONS:

As depicted in Figure 1 below, the application area (highlighted in orange) is a 3.83-gross acre

triangular-shaped portion located in the western portion of Parcel 198-03-004, a parcel that is

26.39 net acres in size. This western portion of the parcel is currently bifurcated by the East

Wash, the softball field for the Fortuna de Oro Recreational Vehicle Park and the Fortuna Wash,

and is undeveloped except for fencing. Concrete block fencing has been established along the

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Page 2 of 8 Special Use Permit Case No. 14-03

perimeter of the parcel except for the southeast corner of the parcel. This is currently where

vehicular ingress/egress occurs from Masterson Avenue.

Figure 1: View of subject parcel

The subject property was rezoned from Rural Area-10 acre minimum (RA-10) to Low Density

Residential-8,000 square feet minimum (R-1-8) with Rezoning Case No. 01-31 approved in

2001. The case was approved subject to a Schedule for Development which has not been

completed. The Board of Supervisors (BOS) held a public hearing on October 15, 2012 and

granted an extension of time to complete the Schedule for Development. The deadline to

complete the Schedule for Development is October 16, 2015. The filing and approval of the

tentative map and final plat are required in order to complete the Schedule for Development. The

applicant is aware of the potential of a reversion hearing if the Schedule for Development is not

met. This requested special use permit, if approved for the lodge use, will be divided as stated

below as a required performance condition.

Rezoning Case No. 13-06 was approved by the BOS on May 5 , 2014 which rezoned a triangular

area 2.5 acres in size located northeast of the application area from R-1-8 to Planned

Development (PD) for the storage of construction equipment for a period of 10 years.

Surrounding Zoning and Land Uses: Parcel 1 (see Figure 2, Vicinity Map, below) located west,

north and east of the subject parcel is zoned RA-10 and consists of desert terrain and washes.

Foothills North subdivision was recorded in 1972, is zoned Recreational Vehicle Subdivision

(RVS), and is located southeast of the subject parcel. Parcels within said subdivision are

developed with a mixture of site-built homes and manufactured homes. Parcel 84 also located

southeast of the subject parcel is also zoned RVS and is undeveloped. Parcel 1 to the southeast is

zoned Recreational Vehicle Park (RVP) and RA-10 and is the location of Fortuna de Oro and

YCBOS PACKET -- Regular Session: November 17, 2014 Page 480 of 512

Page 3 of 8 Special Use Permit Case No. 14-03

Fortuna del Rey RV Parks. The Fortuna del Rey Golf Course is located within the portion of the

parcel zoned RA-10.

Parcel 1 located to the southwest is zoned Low Density Residential-20,000 square feet minimum

(R-1-20) and Parcels 5, 6, and 7 also located southwest are zoned Low Density Residential-

12,000 square feet minimum (R-1-12). All four parcels are the locations of site-built homes.

Parcel 9 to the southwest is zoned RA-10 and is the location for Far West Water and Sewer

Company's above-ground water tank. Parcel 3, wedged between the subject parcel, is zoned R-

1-8, and Special Use Permit 13-06 was approved by the BOS on October 7, 2013 for a softball

field for the afore-mentioned RV parks. It became operational in January 2014.

Figure 2: Vicinity Map

The purpose of the low density residential (R-1-8) zoning district is to provide areas for low

density single-family residential development.

YCBOS PACKET -- Regular Session: November 17, 2014 Page 481 of 512

Page 4 of 8 Special Use Permit Case No. 14-03

The land use designation per the Yuma County 2020 Comprehensive Plan for the application

area is Agriculture-Rural Residential (A-RR) which requires a 10-acre parcel size for density

purposes.

There is a six inch water line that runs along Masterson Avenue from both Foothills Boulevard

and Avenue 14E, but there is a gap between them so they do not connect to each other. No public

sewer lines exist in the area. Public sewer is not available if required as part of the property’s

development. The nearest public sewer line is an eight inch line located one mile directly west of

the subject property along County 10½ Street (Masterson Avenue). There is also a public sewer

line located along Foothills Boulevard one mile away both south and west of the subject

property. This is located on the south side of Interstate 8.

Water will be provided by Far West Water and Sewer Company from the line existing along

Masterson Avenue. The sewer system will be an individual sewage disposal system to be located

north of the proposed 3,000 square feet meeting building.

Access to the application area is proposed to be off of Masterson Avenue via two ingress/egress

points (see site plan for details). Masterson Avenue is a paved road from Foothills Boulevard to

the intersection of Masterson Avenue and El Camino Del Diablo, but beyond that it turns into an

unimproved road as it extends to the east to Avenue 14E. There is a one-lane road barricade in

Masterson Avenue upon the termination of the paved portion of this road. The range of average

daily traffic per day is from 98-158 (128 trips per day (TPD) as the median) with peaks times

anticipated from 12:00 PM (noon) to 2:00 PM and also 4:00 PM to 6:00 PM.

The northern portion of the application area is located in Flood Zone AO. The location of the

proposed factory built building is not located in the designated flood plain. The owner/applicant

is aware of the designated flood plain areas of other portions of this property.

The soil on the site consists of 100% Carrizo gravelly sand, which is a deep, nearly level to

moderately sloping, excessively drained soil located on flood plains and recent alluvial fans. The

soil is severely limited for urban development because of flooding and also severely limited for

septic tank absorption fields.

Nearest schools consist of the following: 1) Elementary - Sunrise at 9943 East 28th Street and

4.4 miles from the subject parcel, 2) Middle - Ron Watson at 9851 East 28th Street and also 4.4

miles from the subject parcel, and 3) High - Gila Ridge at 7150 East 24th Street and 7.7 miles

from the subject parcel.

The subject property is located within 2.6 driving miles of Rural Metro Fire Station No. 10,

located at 13157 East 44th

Street which is within the six minute emergency response time area.

The Sheriff Department’s Substation No. 1 is located within 1.2 miles of the subject parcel at

13190 East South Frontage Road which is within the ten minute response time area.

The subject property is not located within three miles of the Barry M. Goldwater Range (BMGR)

nor is located in a high noise or accident potential zone.

YCBOS PACKET -- Regular Session: November 17, 2014 Page 482 of 512

Page 5 of 8 Special Use Permit Case No. 14-03

The subject property is located in the PM10 non-attainment area. Access to the subject property is

along County 10½ Street (Masterson Avenue), a paved road.

CRITICAL ISSUES:

Required Conclusions from Yuma County Zoning Ordinance: (Section 402.01)

1. The proposed development will not materially affect or endanger the public health,

safety or welfare.

The proposed establishment of a lodge is seen as not materially affecting or endangering

the public health, safety and welfare for the following reasons: 1) The use as identified by

the applicant/agent would only be for its members and guest of the members and not for

the general public, 2) the proposed use is seen as a new use augmenting a developing

area, and 3) the owner/applicant has taken measures to minimize the impact in the

neighborhood such as adding some landscaping features and will be providing exterior

light that would minimize evening light pollution.

There is concern about the additional vehicular trips that would be generated by the

proposed use and this would increase as more members are added to the organization.

There is also concern about the travel path these trips would take in the area, particularly,

since East Masterson Avenue east of the proposed site ingress and egress point is

unimproved and transverses two local washes, the East Wash and Fortuna Wash. These

two washes are designated flood plain and will fill up during large rain events.

2. The proposed development complies with all regulations and standards applicable

within the zoning district specifically applicable to the particular type of special use

or class of special uses.

The proposed development will comply with all applicable regulations and standards

associated with the R-1-8 zoning district including, but not limited to, height, screening,

parking, and setbacks.

3. The proposed development will not substantially change or materially affect the

adjoining property or the surrounding area.

The proposed establishment of a lodge will not substantially change and will not

materially affect the surrounding area. It is seen a change, but not a change detrimental to

the vicinity. It should be noted that with the proposed use, outdoor activities such as patio

dining areas and the like would be customary and permitted with the special use permit

application.

4. The proposed development will be in harmony with the area in which it is located.

The proposed development will be in harmony with the area in which it is located

because the lodge use is proposed to be: 1) serviced by road improvements (access point)

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Page 6 of 8 Special Use Permit Case No. 14-03

to Masterson Avenue, 2) some existing foliage is planned to be either left or moved and

additional landscaping is intended, as well, 3) overflow and larger than normal parking

spaces are planned for, and 4) evening lighting will be non-offensive. In an attempt to

further control/minimize the possibility of light pollution beyond the scope of Section

1109 found in the Yuma County Zoning Ordinance pertaining to Outdoor Lighting

Regulations, because of the location of this proposed use, please see below for wording

as an operational condition.

Ordinances, codes and regulations that pertain to the application:

Yuma County Zoning Ordinance

Yuma County Comprehensive Building Code

2003 International Fire Code

Environmental Health Laws (ARS Titles 36 and 49)

Yuma County Flood Control District: Flood Plain Use Permit Required

Public Works Standards

Americans with Disabilities Act (ADA)

SUMMARY NOTES:

Support Staff Summary: The Yuma County Engineering Division, Building Safety Division,

Environmental Health Division and Zoning Enforcement Division all find this request

satisfactory. The Yuma County Flood Control Division states the northern portion of subject

application area is in the designated special flood hazard area, but not where the proposed 3,000

square foot building is proposed to be located.

Letters of Support, Opposition, Agency, Military, Special Interest: The application is on file as a

special use permit request for a lodge land use in an R-1-8 zoning district. Either memos, e-mails

or letter responses are on file from the following entities: Building Safety Division (DDS),

Environment Programs Division (DDS), Flood Control Division (DDS), Engineering Division

(DDS), Rural/Metro Fire, the Marine Corps Air Station-Yuma (MCAS), and the Arizona Game

and Fish Department (AGFD). The details to some of the responses are seen below:

a. From Jeremiah Loyd, Civil Engineer with the Yuma County Flood Control Division, received

6-16-2014: He stated the present development plans are outside of the special flood hazard area,

SFHA, but based upon the applicant's indications of a future 11,000 square feet facility

elsewhere upon the property that it would be located within the SFHA.

b. From Arturo Alvarez, Yuma County Civil Engineer Assistant and Development Review

Engineer, received 6-16-14: He stated the following -

* the owner shall comply with Yuma County Public Works Standards and Specifications,

* access along East Masterson Avenue (Co. 10½ Street) shall be in accordance with

Public Works Standards Volume I, Section 7.2.8 Driveway/Curb Cuts, and

* the owner to apply for an encroachment permit for access along East Masterson

Avenue.

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Page 7 of 8 Special Use Permit Case No. 14-03

c. From Curt Foster, Rural-Metro Fire, received 6-9-14: He stated the owner/applicant would

need to provide documentation for the required fire flow which is a minimum of 1,500 gallons

per minute for a minimum of two (2) hours.

Citizen Comments: As of July 14, 2014, no input had occurred from the public regarding this

application.

Development Evaluation Checklist (DEC): The Development Evaluation Checklist identifies the

following Impact Categories: Conformance to Existing Plans; Land Use Compatibility: Natural

Resources; Public Infrastructure; Natural Environmental Conditions; Manmade Environmental

Conditions; and Health, Safety and Welfare. A point system is used to score whether a proposal

should likely be approved or denied. Of a possible maximum score of 300, the total score for

this proposal is 255. A score of 275 to 300 represents a high score and a score in this range

represents a proposal that likely should be approved. The proposal is likely to be in compliance

with adopted land use plans, policies and objectives and is compatible with surrounding

development. A score from 250 to 274 is a moderate score and a score falling within this range

represents a proposal that likely contains some redeeming values, but is lacking in one or more

areas. A low score is 249 or less and a represents a proposal that likely should not be approved.

The DEC scored 255 because: 1) The use is not the same or similar to surrounding land uses, and

2) A portion of the application area in is the designated flood plain.

CHRONOLOGY:

05-30-14 Application received

07-02-14 Property posted for the Planning Commission’s public hearing

07-03-14 Public notice mailed to properties within 300 feet of the request and all relevant

agencies/stakeholders

07-03-14 Letter mailed informing applicant of item being placed on the Planning

Commission’s public hearing agenda

07-09-14 Legal ad appears in the Yuma Sun for the Planning Commission’s public hearing

07-21-14 Staff report mailed, given or e-mailed to agent

07-28-14 Planning Commission’s public hearing

RECOMMENDATION:

Staff recommends approval of this request subject to the following Performance and Operational

Conditions:

Performance Conditions.

1. The owner or applicant shall submit the following document within 60-days of Board of

Supervisors approval of SUP14-03 and submit them to the Department of Development

Services:

a. An A.R.S. §12-1134 waiver.

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Page 8 of 8 Special Use Permit Case No. 14-03

2. The owner or applicant shall divide the application area of the parcel from the balance of the

other portion of APN 198-03-004 via a Land Division Permit (LDP) according to Section

507.00 of the Yuma County Zoning Ordinance within six (6) months of Board of Supervisors

approval of SUP14-03 and submit the application to the Department of Development

Services.

3. The owner/applicant shall acquire and have finalized all required permits as per appropriate

code requirements within two (2) years of approval by the Board of Supervisors or the

Special Use Permit shall expire pursuant to Section 402.5(B)(1)(a) of the Yuma County

Zoning Ordinance.

Operational Conditions.

1. The hours of operation shall be from 10:00 AM to 10:00 PM, Sunday through Saturday.

2. No vehicle parking for the proposed use is permitted in the public right-of-way.

3. In addition to meeting Section 1109 of the Yuma County Zoning Ordinance for Outdoor

Lighting the following shall apply: all security and parking lot lighting shall be low pressure

sodium, have full cutoff light fixtures and the maximum total outdoor light output shall be no

more than a developed area of 12,000 Lumens per acre. Outdoor lighting fixtures shall not be

counted in determining the total light output when they are full cutoff light fixtures installed

under canopies, building overhangs, or roof eaves.

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AIR-6016     Events Calendar/Current Events 1. BOS Regular Agenda Meeting Date: 11/17/2014  

Title: Events Calendar / Current EventsSubmitted By: Robert

Pickels Prepared by: Candice Chavez

Department: County Administrator's OfficeSpecial District:

Information1. REQUESTED BOARD ACTION:Board members and County Administrator will report and may discuss events attended or tobe attended on behalf of the County, may present a brief summary of current events andmay update the schedule for future Board of Supervisors meetings, as appropriate. No legalaction will be taken, pursuant to A.R.S. §38-431.02(K). 

2. SUMMARY:The Events Calendars are attached for your review.

3. RECOMMENDED MOTION:No legal action required. 

4. FISCAL IMPACT: (Finance, OMB, & Human Res.)

5. COUNTY ATTORNEY:

6. COUNTY ADMINISTRATOR:

Fiscal Impact

AttachmentsNovember 2014December 2014January 2015

YCBOS PACKET -- Regular Session: November 17, 2014 Page 507 of 512

Sun Mon Tue Wed Thu Fri Sat

1

2 39:00 AM Board of Supervisors Regular SessionBOS Auditorium

4General Election

all day.

511:30a.m. Meeting with AACo Director & staffMain Library, Meeting Room C

6 710amMCAS 239th Anniv/Cake Cutting & Uniform PageantMCAS Yuma

4:00 p.m.Sesquicentennial CelebrationYuma Main Library, Centennial Heritage Area

8

9 1012:00pmLegislative Affairs Committee MeetingChamber of Commerce Conf. Rm

11Veteran’s DayCounty Offices

Closed

9:00 am Veterans Day Parade4th Avenue

5:00 pmThe Arizona Historical Society’s Above and Beyond: Arizona and the Medal of Honor Exhibit OpeningSanguinetti House Museum & Gardens

12 13 1410:00 am –County Managers/ Administrators CSA Meeting TBDPhoenix, AZ

15

16 179:00 AM Board of Supervisors Regular SessionBOS Auditorium

18 19 2010:00 am – CSA Board of Directors Meeting TBDPhoenix, AZ

21 22

23 24 25 26 27Thanksgiving

DayCounty Offices

Closed

28Friday After

ThanksgivingCounty Offices

Closed

29

302014

November

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Sun Mon Tue Wed Thu Fri Sat

19:00 AM Board of Supervisors Regular SessionBOS Auditorium

2 3 4 510:00 am –County Managers/ Administrators CSA MeetingPhoenix, AZ

6

7 812:00pmLegislative AffairsCommittee MeetingChamber of Comm.Conference Room

9 101:30 PMBoard of Supervisors Yuma County RoundtableHeritage LibraryAuditorium

1110:00am –CSA Board of Directors Holiday MeetingPhoenix, AZ

12 13

14 159:00 AM Board of Supervisors Regular SessionBOS Auditorium

16 17 18 19 20

21 22 23 24 25Christmas DayCounty Offices

Closed

26 27

28 29 30 31

2014

December

YCBOS PACKET -- Regular Session: November 17, 2014 Page 510 of 512

Sun Mon Tue Wed Thu Fri Sat

1New Year’s DayCounty Offices

Closed

2 3

4 59:00 AMBoard of Supervisors Regular SessionBOS Auditorium

6 7 8 9 10

11 1212:00 pmLegislative Affairs Committee MeetingChamber of Commerce Conf. Rm

13 14 15 16 17

18 19Martin Luther King, Jr Day

County Offices Closed

209:00 AMBoard of Supervisors Regular Session BOS Auditorium

21 22 23 24

25 26 27 287:30AMYCEBT MeetingBOS Auditorium

29 30 31

2015

January

YCBOS PACKET -- Regular Session: November 17, 2014 Page 511 of 512

   

AIR-6019       1.             BOS Regular Agenda Meeting Date: 11/17/2014  

Title: Direction to staff regarding development of a long term financial planfor Yuma County

Submitted By:  Robert Pickels  Prepared by: Yolanda DuranDepartment: County Administrator's OfficeSpecial District: 

Information1. REQUESTED BOARD ACTION:Presentation followed by discussion and direction to staff regarding development of along term financial plan for Yuma County.

2. SUMMARY:

3. RECOMMENDED MOTION:

4. FISCAL IMPACT: (Finance, OMB, & Human Res.)

5. COUNTY ATTORNEY:

6. COUNTY ADMINISTRATOR:

Fiscal Impact

AttachmentsNo file(s) attached.

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