Item Coversheet

 PLANNING AND ZONING COMMISSION REPORT

Meeting Date: February  1, 2018

Agenda Item:
2R

Case Name:Z16-0013: Cowtown Rezoning

Case Number(s): Z16-0013

General Application Information

Proposal:
The Applicant is requesting to rezone the property to clarify the allowed uses, development standards, and operational criteria for the Cowtown Range

Location:
10402 W. Old Carefree Highway

Project Acreage:
Approximately 78 Acres

Applicant:
Brian Greathouse Esq. of Burch & Cracchiolo

Project Description
A request to rezone approximately 78 acres from Special Use (SU) and Floodplain (FP) to the Cowtown Planned Area Development (PAD) to clarify the allowed uses, development standards and operational criteria for the Cowtown Range.
Key Items For Consideration:
  • No support or opposition received prior to November 2, 2017 Planning and Zoning Commission meeting.
  • On November 2, 2017, the City received a Letter of Opposition from the Arizona State Land Department (ASLD), as shown in Exhibit F within the January 18, 2018 staff report.
  • Subsequent to the November 2, 2017 Planning and Zoning Commission hearing, ASLD and the Applicant met to discuss the key areas of concerns and began negotiating the terms of a potential agreement between the two parties.
  • As of January 4, 2018, ASLD and the Applicant were still in the process of formalizing the agreement. Accordingly, staff requested and the Planning and Zoning Commission approved the case be continued to the February 1, 2018 Planning and Zoning Commission hearing.
  • An email from ASLD was received on January 18, 2018, indicating they and the Applicant have been working in good faith to reach an agreement regarding the noted areas of concern. (Refer to Exhibit A)  Further, the email states that ASLD agrees to withdraw its objection to the application subject to the following:

      1. Upon execution of an agreement between ASLD and Cowtown to address remediation of prior encroachments and prevention of encroachments on State Trust Land; and

      2. Additional provisions are added to the Memorandum of Understanding between the City and Cowtown to ensure operations on the Cowtown Property do not encroach upon neighboring land.

  • On January 18, 2018, staff provided an overview of the project and a status of the potential agreement between the Applicant and Arizona State Land Department to the Planning and Zoning Commission. (Exhibit B)
  • Staff anticipates the agreement between ASLD and the Applicant will be formalized and completed by the February 1, 2018 Planning and Zoning Commission meeting, and that the Arizona State Land Department will be formally withdrawing its objection to the PAD request.

Recommendations:

Recommend approval of case Z16-0013, subject to conditions of approval to the City Council.


ATTACHMENTS:
Description
Exhibit A - January 18, 2018 Email from Arizona State Land Department
Exhibit B - January 18, 2018 Planning and Zoning Commission Staff Report