Staff Report To The Yavapai County Planning and Zoning Commission

PLANNING AND ZONING COMMISSION HEARING DATE: December 9, 2009

APPLICATION NUMBER: H9119 & H9118

ASSESSOR PARCEL NUMBER: 106-16-001C

AGENDA ITEM NUMBER: 8

SUPERVISOR DISTRICT: 1

TYPE OF APPLICATION: Use Permit & Minor Community Plan Amendment

OWNER NAME: Tim Will (subject property owner)

APPLICANT NAME: Adventure Trailers Inc. (Lessee)

AGENT NAME: Mario Donovan (Agent for Adventure Trainers Inc.)

PROJECT NAME: Adventure Trailers

PROPERTY LOCATION: The subject property is located on the West side of S.R. 89 approximately 220 feet north of the intersection of Liberty Lane and Tarra Ave between Tarra Ave and S.R. 89 in the vicinity of Prescott.

SIZE OF PARCEL: Approximately a .91-acre (39,639 sq. ft.) parcel

PARCEL ZONING: C1-2 (Commercial; Neighborhood Sales & Services; 7,500 sq. ft. minimum) zoning district

ADJACENT ZONING: C1-2 (Commercial; Neighborhood Sales & Services; 7,500 sq. ft. minimum) zoning district to the North, South, and East across S.R. 89. R1L-35 (Residential; Single Family Limited; 35,000 sq. ft. min) zoning to the Northwest, Southwest, & West across Tarra Avenue.

ADJACENT LAND USE: Privately owned and developed commercial uses to the north, south, and across SR89 to the east. Privately owned vacant residential to the east with some developed residential use to the northeast and southeast.

FLOOD STATUS: The property is located in FEMA Flood Zone Unshaded X. The unshaded X area is used to describe areas outside of all flooding effects.

UTILITIES AND SERVICES:

· FIRE: Central Yavapai Fire District

· WATER: Wilhoit Dells Water Company

· SANITARY: Septic System

REQUEST/DESCRIPTION OF PROPOSAL: The applicant is requesting a Use Permit and Community Plan Amendment to allow for Assembly, Rental, Wholesale & Retail Sales of custom finished recreational trailers, camper shells, 4x4 & camping accessories all in an enclosed existing 3,000 sq. ft. building on an approximate .91-acre parcel.

The applicant indicates in their letter of intent that their assembly process involves using hand, cordless and air tools and that all of their product assembly is done with nuts, bolts, rivets and screws, and there would be no welding or paintwork done on the premise. The applicant doesn’t anticipate much noise from their operation since all of their work is performed in an enclosed building. The applicant indicated they do not propose any tenant improvements at this time and there would be no outside storage or display. The applicant indicated that their hours of operation are from 8:00 a.m. to 5:00 p.m. Monday through Friday and they employ a staff of four full time positions on site.

BACKGROUND/PREVIOUS ACTION: The owner indicated he purchased the subject property in March of 2003. A variance was approved for the subject property in August of 2004 to expand the zoning over the west portion of the parcel, from R1L-35 to C1 zoning, to encompass the entire property. The owner submitted permit applications to make improvements on the subject property in mid 2005. The construction was complete in the beginning of 2006 and consisted of two approximate 3,000 sq. ft. commercial buildings, septic system and parking area.

The owner leases one building to marketing and consulting firms called Overland Journal and Expeditions West. These are sister companies to the applicant Adventure Trailers Inc. The applicant indicated that they would like, to be in closer proximity to their sister companies and lease the second building on the subject property, and therefore are coming forth with their request for Use Permit. The lease agreement is verbal at this point for a term of three years, pending the outcome of this Use Permit request.

ZONING: The subject property is located in the C1 (Commercial; Neighborhood Sales and Services) zoning district, which states, “Permitted uses and structures shall be compatible with the neighborhood development”. Permitted uses listed in the C1 (Commercial; Neighborhood Sales and Services) district, Section F. include “business offices, banks and similar.” Other uses allowed by right in a C1 zoning district include retail sales (restricted to on-site sales only such as a market or convenience store), restaurants, launderettes, business schools, hotels, motels and resorts, and automotive service stations, i.e. a Texaco or Exxon gas station.

The classifications of uses currently requested are a mix of wholesale/retail, business office, and assembly and warehouse (industrial) uses. The business office and retail uses are allowed in C1, however, wholesale and rental are first allowed as a matter-of-right in C2, and assembly and warehouse uses are first allowed in the M1 industrial zoning district, and therefore a Use Permit is required in order to allow the mix of commercial and industrial uses being requested.

ACCESS: The property is accessed off Tarra Avenue, a paved public county right-of-way. The owner has already obtained an access permit from Public Works regarding their access off a county maintained right-of-way, when the buildings were permitted and constructed. There is no direct access on or off S.R. 89.

TRAFFIC: As this is a proposed custom assembly shop, the applicant asserts that this use will have much less of an impact on traffic than other uses which would be allowed as a matter-of-right on this C1-zoned parcel, such as an automotive service station, restaurant or convenience store. Uses such as these would essentially create more traffic entering and exiting onto Tarra Avenue than what is being proposed. The applicant also indicated that their customers are handled on an appointment basis only.

PARKING: Per section 602 Parking and Off-Street Loading:

2.a. Commercial Sales/Services states; One space per one hundred (100) sq. ft. of gross floor area plus one per employee.

L. Retail Stores states; one per two hundred (200) sq. ft. of public floor area.

S. Business offices states; one space per employee plus one space per one hundred (100) sq. ft. of floor area.

3. Manufacturing/Industrial Uses states; one per five hundred (500) sq. ft. of gross floor area or one per employee, whichever is greater, and one per company vehicle.

The classifications of uses currently requested are a mix of wholesale/retail, business office, and assembly and warehouse (industrial) uses. Eight spaces including one ADA accessible parking space are required for the proposed use. The site plan shows 28 current parking spaces for both buildings with room for a couple more and the parking area is already paved and meets the county ordinance parking standards.

SIGNAGE: Thirty-two (32) sq. ft. of wall-mounted signage is allowed in a C1 zoning district. Any illuminated signage must meet Section 603 Dark Sky. Any signage must go through the permitting process. The applicant has been made aware of this and they do not propose any signage at this time.

SCREENING: As per Section 567 of the Planning and Zoning Ordinance, where a commercial use abuts property in any residential zone, a masonry wall six feet (6’) in height shall be erected and maintained between such use and the residential zone.

Typically, screening would be required along a small portion of the north & south property line of the subject parcel since it abuts residential zoning. However, a commercial use has been established on both parcels to the north and south of the subject property and the applicant has already provided a landscaped live vegetative buffer to screen the parking from the residential zone.

Section 567 goes on to say that in lieu of the six-foot masonry wall, a “dense live vegetative buffer may be approved by the Planning and Zoning Commission or the Development Services Director.”

Along with the natural vegetation, the applicant planted some red tip photinia (an upright, evergreen shrub) that is a popular shrub used as a fence row and typically grows to 10-12' tall and 6-8' wide. Staff feels this appropriately screens the parking lot from the residential zones and meets the intent of the zoning ordinance.

FIRE: The Central Yavapai Fire District (CYFD) has no concerns with this application request. A minimum 2A-10BC fire extinguisher(s) shall be required for the interior of the building. The fire alarm system for the building shall be current on its annual service with a tag on the system and paperwork forwarded to CYFD.

WATER/SANITARY FACILITIES: According to the Environmental Unit, “the existing wastewater treatment system was installed with a design flow of 400 gallons per day, 1000 gallon septic tank with approval to operate”. The proposed usage will not require an increase or modification of the septic system.

CITIZEN PARTICIPATION PROCESS: Since the subject property is less than 1 acre in size, it is required that the applicant contact the surrounding property owners that fall within the 300’ buffer. The applicant indicated that they have contacted the surrounding property owners within 300’ and the Granite Dells Community Association.

Staff has received a letter of support from David Spence with the Granite Dells community association regarding this request. Of the comment forms that were mailed to those within 300’, one anonymous comment form was returned, marked opposed, with no return address information. Staff has received eight (8) letters of support as of this writing. There are nineteen property owners within 300’ of the subject property, six (6) of which returned comment forms marked support, as of this writing.

CONFORMANCE WITH COUNTY GENERAL PLAN: There is no mention in the General Plan that specifically addresses industrial uses. However, in the Land Use section of the General Plan, it discusses providing incentives for small specialty enterprises. According to the applicant, this facility and the proximity of their consulting firm Overland Journal & Expeditions West would make Prescott the Overlanding epicenter of North America. The applicant indicated that their products and services would attract clients worldwide and therefore generate potential commerce in the Prescott area.

Objective LU.1.c of the General Plan states: “place commercial development strategically so as to attract and locate major shopping and employment uses (e.g. retail centers, business parks) to be easily accessible, particularly in or near established communities and cities.”

The subject property lies adjacent to S.R. 89 and is within approximately 1,000’ of the incorporated City of Prescott limits, and therefore conforms with the County General Plan.

CONFORMANCE WITH COMMUNITY PLAN: The 1991 Granite Dells Community Plan Map calls for Light Commercial, which would include RS or C1 uses for this area. The proposed use of Assembly is considered Industrial, as it is first allowed in the M1 zoning district. Therefore, a Community Plan Amendment is warranted. The applicant has applied for a Community Plan Amendment. Please see the attached 1991 Granite Dells Community Plan Map.

OTHER SIMILAR APPLICATIONS: On June 4, 2007, the Board of Supervisors unanimously voted to approve the Community Plan Amendment and Use Permit, HA# H7038 and HA# H7039, for an approximately .52-acre property zoned C1, in order to allow for the operation of a shop specializing in the restoration of collectable cars, as well as minor body and paint work on a permanent basis. This property is located east of the subject property, across S.R. 89. The proposal comprised of two employees and hours of operation were to be M-F, 8-6pm. There was no opposition to this request.

REVIEWING AGENCY COMMENTS: The applicant has been made aware of all reviewing agency comments.

· Addressing Unit: The applicant will need to post unique identification for each building, i.e. Building A / B or 1 / 2, etc.

· Building Safety Unit: If the tenant decides to make improvements in the future, a building permit is required and a pre-code review meeting would be suggested.

· Environmental Services: No technical concerns with the request.

· Central Yavapai Fire District: Central Yavapai Fire District requests the applicant to call CYFD within two weeks of opening to request a business inspection of their building.

· Flood Control: Flood Control District has no technical concerns with the requested Use Permit.

· Public Works: The original access permit was issued in 2005 and Public Works has no concerns with the request at this time.

· Granite Dells Comm Association: Staff has received a letter from David Spence, with the Granite Dells Association stating, “We do not see any problems with Adventure Trailers obtaining a use permit to make trailers in the existing warehouse building.”

STAFF ANALYSIS, SUMMARY AND EVALUATION: Even though the applicant is proposing to assemble their trailers on site, which is considered by the zoning ordinance to be an “industrial” use due to the “assembly” of parts, the applicant indicated they do not propose to perform any welding or spraying on the premises. The applicant also indicated that there would be no outside storage or display and that all work and storage will be within the enclosed building.

It should be noted that some noise could be generated by the proposed use of electric and air powered tools, however it is difficult to estimate the potential noise levels emitted from the assembly process within an enclosed building.

The applicant indicated in his letter of intent that his uses are similar to those in a C1 district. Even though their retail sales are allowed as a matter-of-right in the C1 zoning district, the letter of intent continues to say they have wholesale clients and units available for rental purposes. Wholesale and rentals are first allowed in the C2 zoning district in the County Zoning Ordinance.

The applicant’s letter of intent continues to explain how their trailers and accessories are customized to the end user’s specific requirements and are considered to be unique in the industry. As this may be true, the C1 zoning district custom service and craft shops allowance may be intended for small appliance and service shops as stated below;

· Custom service and craft shops as follows, limited to three thousand (3,000) sq. ft. of shop floor area; barber, beauty, massage, tailor and cleaning pickup, key and gun, photographic, fixit (home appliance, saw mower, clock, radio, TV and similar) precision and musical instrument, optical.

The requested use, of assembly and repair of custom trailers and accessories, may not neatly fit into one specific zoning district but more applicably fit the definition of “assembly” that is first allowed in the M1 zoning district and the “general repair of automobiles, light trucks, recreational vehicles, cycles…” that is first allowed in the C2 zoning district.

Points to Consider:

· The proposed hours of operation are similar to that of a typical C1 use whereas hours of operation are typically waived in industrial zoning.