STAFF REPORT TO: THE YAVAPAI COUNTY PLANNING AND ZONING COMMISSION
PREPARED ON: 03/14/2007STAFF PLANNER: Shakeeb Shariff
PLANNING AND ZONING COMMISSION HEARING DATE: April 4, 2007
APPLICATION NUMBER: H7021
ASSESSOR PARCEL NUMBER(S): 402-13-064U
AGENDA ITEM NUMBER: 10
SUPERVISOR DISTRICT: 2
TYPE OF APPLICATION: Use Permit
OWNER: TNG, LLC
APPLICANT NAME: AATRO Civil Engineering
AGENT NAME: Troy Odell
PROPERTY LOCATION: Located east of The Town of Dewey-Humboldt on the south side of SR169 approximately 2.8 miles east of the intersection of SR69 and SR169.
SIZE OF PARCEL(S): Parcel totaling approximately 2.11 Acres.
ZONING: Zoned RCU-2A (Residential; Single-Family; Rural; 2-acre minimum lot size).
ADJACENT ZONING: The property is surrounded on all sides by RCU-2A (Residential; Single-Family; Rural; 2-acre minimum lot size) zoning.
ADJACENT LAND USE: Residential uses surround the property on all sides.
UTILITIES AND SERVICES:
· FIRE: Central Yavapai Fire District
· WATER: None
· SANITARY: None
REQUEST/DESCRIPTION OF PROPOSAL: The applicant is requesting a Use Permit to allow for the installation of an entrance gate with three columns, as well as a 36’X6’ wall containing a 20’X4’ sign, at the main entrance to the Estates at Cherry Ridge 1 & 2, which is an un-subdivided land filing. Please see attached site plan, entrance gate plan, and gate/sign plan for details.
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STAFF REPORT TO: THE YAVAPAI COUNTY PLANNING AND ZONING COMMISSION
PREPARED ON: 03/14/2007STAFF PLANNER: Shakeeb Shariff
BACKGROUND:
· December 26, 2006 – Land Use Enforcement cites the applicant for an entry gate, wall/sign without permits. The foundation is in place for a block wall/sign and three gate columns.
· December 26, 2007 – Notice of Violation was generated.
· January 31, 2007 – Grading permit applied for.
· February 8, 2007 – Applicant submitted the application for a Use Permit for the entry gate and sign.
· February 12, 2007 – Sanctions for the gate, wall and sign in the amount of $10,000 is due and owing if the property is not in compliance by May 21, 2007.
YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE
SECTION 540 – HEIGHT LIMITS
B. FENCES AND FREE STANDING WALLS
2.a. On any Residential Zoned lot (or portion of other lots contiguous thereto): four feet (4’) in front yard and six feet (6’) in side or rear yards, except may not exceed four feet (4’) when within ten feet (10’) of any vehicular entrance from a private or public right-of-way.
SECTION 601 – sign code
B. SIGN REGULATIONS
1. Permanent Signs
c. Subdivision Signs: Permanent subdivision entrance signs are permitted. At the major street entrance to a subdivision or development, not more than two (2) signs are permitted, indicating only the name, symbol, logo or other graphic identification of the subdivision or development each sign not exceeding twenty (20) square feet in area, not exceeding six feet (6’) in height, attached to and not extending above a wall or fence.
Staff Comment:
· The proposed wall is too big even for a county approved subdivision. The proposed wall is six feet (6’) in height, which is two feet (2’) higher that the allowed four feet (4’).
· The gate column height has not been identified even though staff has requested this information a number of times. Scaled from the gate elevation plan, the gate columns appear to be approximately 14 feet (14’) high, which is 10 feet (10’) more than the four feet (4’) allowed for a county approved subdivision.
· The proposed sign on the wall is four feet (4’) by twenty feet (20’), for a total of 80 square feet. That number is 60 square feet larger than the 20 square feet allowed for county approved subdivisions as per Section 601.B.1.c.
ACCESS: The subject parcel is accessed off of SR169, a paved, county-maintained road with a right-of-way of approximately 230 feet.
FIRE: The subject parcel is in the Central Yavapai Fire District (CYFD).
WATER/SANITARY FACILITIES: There is no primary structure, and no septic on the subject parcel.
CITIZEN PARTICIPATION PROCESS: The applicant mailed letters to the four property owners within 300’ of the subject parcel. It is staff’s understanding that all are owners of the development. All four signed in support of the application.
CONFORMANCE WITH GENERAL PLAN:
▪ The General Plan is supportive of planned development, which the Estates at Cherry Ridge is not.
▪ The General Plan also encourages “a balance of safe, convenient, economical roadways” and it could be argued that permitting the Estates at Cherry Ridge to have an entry sign could allow motorists along SR169 who are searching for Cherry Ridge to more closely see the entrance to the development, which could facilitate traffic safety.
CONFORMANCE WITH COMMUNITY PLAN: The subject property is not located within a specific community plan area.
REVIEWING AGENCY COMMENTS: Staff referred the application as submitted for review and comment to the standard technical reviewing departments/agencies. In addition, the application was submitted to Bill Day of the Arizona Department of Real Estate.
· Addressing commented that if the if the sign is lighted or the gate is electronic, an address is needed for APS to hook up power.
· Land Use commented that this is a unsubdivided lands/lot split area and the entry wall and sign are not allowed as per the ordinance. For a county approved subdivision, the ordinance allows for only a four-foot (4’) gate and column height in the front setback. Monument elevation requires a one-foot (1’) setback for every one-foot (1’) in height.
· Flood Control has no objections to the Use Permit for the gate and sign.
o The Central Yavapai Fire District (CYFD) reviewed the application and commented: “The Central Yavapai Fire District shall require a KNOX key switch to be installed on the gates to Cherry Ridge. They will need to contact my office for the requirements and specifications for installation of the switches.”
· The Arizona Department of Real Estate (ADRE) has informed staff that Cherry Ridge Estates is under investigation as an illegal subdivision.
· ADOT is requiring that the cattle guard that is present is to remain. According to the Site Plan, the gate and sign are outside ADOT right-of-way.
· The Town of Dewey Humboldt is within 3 miles of the subject parcel. Town Manager Roger Swenson commented: “Given its location well outside the Town limits, I don’t believe we have any concerns.”
STAFF ANALYSIS AND EVALUATION: The applicant is requesting a Use Permit to allow for the installation of an entrance gate with three columns and entrance/exit gates sign, as well as a 36’X6’ wall containing a 20’X4’ sign, at the main entrance to the Estates at Cherry Ridge 1 & 2, which is an un-subdivided land filing
Points to Consider:
· There has been no opposition to this application from surrounding property owners.
· Residential uses surround the property on all sides.
· The proposed wall is too tall (6’) even for what is allowed for a county approved subdivision (4’).
· Scaled from the gate elevation plan, the proposed gate columns appear too tall (14’) than what would be allowed for a county approved subdivision (4’).
· The proposed sign is larger (80 sq.ft.) than what would be allowed for a county approved subdivision (20 sq.ft.).
· ADRE has informed staff that Cherry Ridge Estates is under investigation as an illegal subdivision.
As the proposal is to allow an entry feature similar to what is found at gated subdivisions, it may be reasonable to allow the entry feature subject to ADRE resolution of the possible “illegal subdivision” issue.
Should the Commission feel a Use Permit to allow for the installation of an entrance gate with three columns and entrance/exit gates sign, as well as a 36’X6’ wall containing a 20’X4’ sign, at the main entrance to the Estates at Cherry Ridge 1 & 2 on subject property is in the best interests of the health, safety and welfare of Yavapai County, and choose to recommend approval of the application as presented, staff has attached stipulations of approval for your consideration.
HEARING APPLICATION: H7021
SUGGESTED STIPULATIONS:
1. Use Permit to be approved on a Permanent basis as per the Letter of Intent and the Site Plan dated January 30, 2007.
2. Development to conform to all applicable codes and ordinances.
3. If gates are electric or sign is lighted, applicant must establish an address through the Addressing Department.
4. If ADRE finds that the applicant has created an illegal subdivision, the entry gate/sign must be removed within 90 days unless the property is brought into compliance with ADRE regulations.
5. In the event the owner of the subject parcel files a claim under ARS Section 121134 regarding this application, this Use Permit shall be null and void.
ATTACHMENTS:
A. Vicinity & Zoning Map
B. Letter of Intent
C. Site Plan
D. Entrance Gate Plan
E. Gate/Sign Detail
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