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Planning & Zoning Committee

LMPOA

           

 

 

PLANNING & ZONING COMMITTEE

 

September, 2009

 

On August 5, 2009, the P&Z Commission met in Prescott and heard:

 

Zoning Ordinance Amendment; H9038   Applicant: Development Services Staff

Request: Consideration of an Amendment to Section 301 Definitions and Section 537 Guest Homes (as Rentals) -Detached of the Yavapai County Zoning Ordinance.

H9038 Guest Homes as Rentals- Recommended denial.  6 in favor, 2 opposed 1 absent.  This item will be heard by the Board of Supervisors on September 8, 2009.

 

Zoning Ordinance Amendment; HA# H9040

Consideration of an Amendment to Section 209 Citizen Participation and Section 504 Administrative Review with Comment Period of the Yavapai County Zoning Ordinance.

The Commissioners voted to recommend to the BOS, 7 to 1, with the following changes:

SECTION 209 CITIZEN PARTICIPATION

*D. 1. Property owners notice shall be as follows:

 

*Subject Property                    Size Notice Boundary

*One acre or less                                 300 ft.

*More than one acre                            1,000 ft.

This item will be heard by the Board of Supervisors on September 8, 2009.

 

Section 442 Cluster and Open Space & Section 441 Open Space and Sustainable Development,

H7117 This item was heard in Cottonwood, as well, on August 19th.   The Commissioners voted to recommend to the BOS, unanamously.  This item will be heard by the Board of Supervisors on September 8, 2009

 

Two New Zoning Ordinance Amendments (ZOA) were put forth in August and may require our response.

 

The First is SECTION 580 (new) TEMPORARY EVENT PERMITS.  Edited excerpts follow.

The purpose and intent is to provide for administrative processing of certain temporary uses that would otherwise be prohibited.… may be approved in any zoning district provided .…the use will not be detrimental to the immediate and surrounding area. Any deemed by the Development Services Director or designee to have a negative impact on neighboring properties shall be denied by the Director and subject to a use permit approval prior to commencement of use.   (P&Z->BOS).... hereinafter enumerated B. 1-10 More interesting than the enumerated list is what's NOT on the list, like rummage or yard sales.  The ZOA goes on to describe.... C. Frequency and Duration, D. Permits and Bonds, E. Public Notice, F. Performance Standards, G. Decision and Appeals, H. Extension or Modification of Limitations, I. Condition of Site Following Temporary Uses.  In summary, it is inclusive.  A brisk debate within the LMPOA and BCRC P&Z committees ensued.  Our concerns are boiled down to:

 

  1. Making this more workable for small events enumerated in B. Temporary Events.
  2. Adding County notice to Community Organizations as well as neighbors, and a minimum notification interval before the event such as 2 weeks (in E. Public Notice).
  3. A minor change to Section F. "reduce detrimental effects to surrounding developments areas..."

 

 

 

The Second new ZOA is:  Rec Vehicles & Travel Trailers Temporary Camping ZOA H9072.

 

Draft Date: August 13, 2009

 

Section 413 RCU District-

B.  Temporary occupancy of one recreational vehicle or travel trailer as defined in Section 571(RVs and Travel Trailers Temporary Camping)

Section 571 RVs and Travel Trailers Temporary Camping

A.   Temporary occupancy of one travel trailer or RV as defined in Section 301 (Definitions) without a primary use must meet following standards.

  •           Lot size of 10 acres or more.
  •           Occupancy limited to 10 consecutive days.
  •           Frequency may not exceed 3 times per calendar year with a minimum of 30 day intervals between stays.
  •           Occupancy limited to property owner. Rental is prohibited.
  •         Travel trailer or RV must be serviced by approved on-site wastewater system or be fully self contained.
  •           Travel trailer or RV may not be connected to any utilities.
  •           Unit must meet same setbacks applicable to primary residence.
  •           Unit may only be stored on property during occupancy term. No storage of non-occupied travel trailers or RVs is allowed.

 

This ZOA encouraged another lively debate.

This ZOA is not what it seems.  On first blush it comes off as restrictive, bullying, an impingement of rights.

As Kala pointed out by her inclusion of current Zoning ordinances, PERMITTED USES, and OUTSIDE STORAGE

The current law allows for no camping prior to the issuance of a Building Permit.

 

This ZOA attempts to relax that no camping law for lot sizes of 10 acres or more;  allowing for one travel trailer with all the restrictions – PRIOR to the issuance of a Building Permit which must be kept up-to-date.

In other words, If you own 40 Acres near Ashfork, now you would be able to camp on it, in a restricted manner, without first paying for and starting the clock on a Building Permit.  This ZOA doesn't change anything for less than 10 acres.

 

This is an interesting lesson.  It shows me how really restrictive our zoning laws are now; and how *unclearly* these new ZOA's are presented to the Public.  A brief description of what the County was trying to accomplish would have gone a long way toward easing this through.

 

Response

  1. We may want to suggest further easing the time restrictions.
  2. This may be an opportunity to respond to the clarity issue as well.

 

 
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