Development Services Letter

STAFF REPORT TO: THE YAVAPAI COUNTY PLANNING AND ZONING COMMISSION

PREPARED ON: June 29, 2007 STAFF PLANNER: Kristy Dargue / Elise Link

PLANNING AND ZONING COMMISSION HEARING DATE: July 11, 2007

APPLICATION NUMBER: H7072

ASSESSOR PARCEL NUMBER: 300-28-070M

AGENDA ITEM NUMBER: 11

SUPERVISOR DISTRICT: 1

TYPE OF APPLICATION: Use Permit

APPLICANT NAME: Yavapai Equities, L.L.C. (Richard Cornwell)

AGENT NAME: Dennis Rogers

PROJECT NAME: Cornwell Helipad

PROPERTY LOCATION: Located at 12600 N. Pheasant Run Road approximately 3¼ miles South of the intersection of Puntenney Road and Williamson Valley Road in the Williamson Valley area.

SIZE OF PARCEL: Approximately 2 acre portion of a 36 acre parcel.

PARCEL ZONING: R1L-10A (Residential; Single Family Limited; 10 acre minimum).

ADJACENT ZONING: R1L-10A surrounds

ADJACENT LAND USE: Vacant and Residential use surrounds.

ADJACENT OWNERSHIP: Private residential surrounds.

FLOOD STATUS: Per Flood Insurance Rate Map Panel 04025C1700F the parcel is in a Flood Zone determined to be outside the 500 year floodplain. The Floodplain Unit has no objections to the Use Permit.

UTILITIES AND SERVICES:  FIRE: Williamson Valley Fire District  WATER: On site Well  SANITARY: On site Septic System

of 5 Staff Report To The Yavapai County Planning and Zoning Commission

BACKGROUND/PREVIOUS ACTION: There have been no previous Use Permit’s for the subject property, however there was a Zoning Map Change from RCU-2A (Residential; Rural; 2 acre minimum) to R1L-10A (Residential; Limited to site built only; 10 acre minimum) zoning district, consisting of the area within sections 19, 20, 29, 30, 31, & 32 to be known as the Long Meadow Ranch Units III & IV that was approved by the Board of Supervisors on October 2, 2000.

The subject property was purchased in March of 2002 as indicated in the letter of intent. The applicant owns approximately 468+ acres of contiguous property in the Long Meadow Ranch Units 3 & 4. Other structures currently existing on the subject property is the primary house, two barns, a well and septic.

REQUEST/DESCRIPTION OF PROPOSAL: The applicant is requesting the consideration of a Use Permit to allow for take-off and landing of a private helicopter on an approximately 2 acre portion of a 36 acre parcel in an R1L-10A (Residential; Limited; 10 acre minimum) zoning district.

PURPOSE OF REQUEST - As indicated in the letter of intent, the sole purpose of the helipad site is for the private use of Mr. Cornwell and any successor to the property and for the purpose of traveling to and from the greater Phoenix area. No commercial operations will be permitted by the Cornwell family or commenced from the property. The applicant is requesting the Use Permit be approved on a permanent and transferable basis.

As stated in an email received from the applicants’ agent on June 28, 2007; “ The language, “and any successor” is primarily meant for inheritance. As I mentioned earlier, Mr. Cornwell does not anticipate selling or transferring any of the larger whole. That said, however, it stands to reason that a large ranch with a helipad has some added value which he would like to be able to take advantage of if he were ever to sell the ranch. So, it could possibly include a future buyer.”

The use would be year round, however it would not be every day. Per the FAA airspace study, operations are to be conducted at this facility only during Visual Flight Rule (VFR) conditions (clear day, no fog), for private use only, and in accordance with the restrictions and/or requirements of the overlying class of airspace. (See enclosed Notice of Landing Area Proposal letter from the FAA). If all of the conditions in the letter from the FAA are met, the FAA has no objection to the establishment of the proposed landing area.

SITE IMPROVEMENTS - Proposed improvements for the site include the landing surface to be grass, gravel, (or a mixture of materials safe for helicopter operations), fencing and ground lighting for safety. There will be no hangar or fuel storage on site for the helicopter, as indicated in the letter of intent. Instead of a hangar, the helicopter will be tied down and secured in the landing area. No parking or signage is proposed.

HELICOPTER’S – The helicopter currently being used by Mr. Cornwell is a Bell Jet Ranger (Bell 206-L), with an engine similar to a Rolls-Royce 250-C20J engine, rated at

420 SHP (shaft horsepower). It is an approximately 7’ x 40’ size helicopter that seats approximately 5 people.

The Bell 407 has been ordered and is scheduled for delivery in October, 2007, and will replace the use of the Bell Jet Ranger. The Bell 407 is an approximately 7.7’ x 41.6’ size helicopter with the rotor’s folded, has a Rolls-Royce 250-C47B engine, rated at 813 SHP and seats approximately 7 people.

Both helicopters are able to be used for emergency medical services. The applicant indicated that the Bell 407 has less noise production than the Bell Jet Ranger.

ZONING: The property is currently zoned R1L-10A which would allow as a matter of right; site built single family homes, community parks, public utility facilities, religious institutions, and publicly funded educational institutions. Airstrips and helipads are not specifically addressed in the Yavapai County Planning and Zoning Ordinance. Helipads are therefore, not an allowed use in a residential zoning district.

The Federal Aviation Administration regulates airspace above, but not on the surface of the property. The FAA is in approval of this request, but, their determination in no way preempts or waives any ordinances, laws, or regulations of any other government body or agency.

ACCESS: The property is accessed from Pheasant Run Road (privately maintained dirt road), via Puntenney Road (privately maintained dirt road), approximately 3.5 miles South of the intersection of Williamson Valley Road and Puntenney Road.

SCREENING: Due to the remoteness, same ownership of large parcels, and natural vegetation surrounding the helipad, the natural screening seems to satisfy the intent of Section 567 Solid Screening.

LIGHTING: Ground lighting is proposed for safety. As indicated in an email received June 28, 2007, “Mr. Cornwell is more than willing to comply with the Light Pollution Ordinance.” The agent indicated in the email received June 28, 2007, that lighting may be a minimum of eight (8) flush green lights marking the perimeter of the area and possibly a small flashing identification beacon, which can be remotely operated by the pilot. Section 603.C.4.a, of the Planning & Zoning Ordinance states; Airport: Airport lighting which is required for the safe and efficient movement of aircraft during flight, take-off, landing and taxiing is exempt from the provisions of this Ordinance.

FIRE: There will be no fuel storage on site for the helicopter, as indicated in the letter of intent. There is an approximately 6’ diameter and 8’ tall water storage tank currently on site to provide for fire suppression.

CITIZEN PARTICIPATION PROCESS: The applicant indicated in their citizen participation report that they have contacted; the Long Meadow Property Association, the surrounding property owners within 1000’ of the subject property, the Williamson Valley Corridor Plan, Inc., and the Friends of Williamson Valley, Inc.

Staff has received four (4) letters of opposition and three (3) letter of support as of this writing. Two of the opposition letters are within 300’ feet of the subject property. Of the support that’s been received, the one letter that is within 300’ is from the caretaker, Sue Garvey.

CONFORMANCE WITH COUNTY GENERAL PLAN: The following are excerpts from the plan adopted by the Board;

LU.2 GOAL: SUSTAIN THE COUNTY’S RURAL CHARACTER. LU.2.b Objective: allow large lots (over 5 acres) where appropriate (i.e., peripheral areas) and in accord with statutory requirements respecting property rights. LU.4 GOAL: ESTABLISH PUBLIC PARTICIPATION CRITERIA FOR LAND USE DECISIONS. LU.4.b Objective: consider zoning upgrades in light of community improvement, and place priority on existing community plans and input from area citizens regarding local projects. LU.4.c Objective: respect and protect private property rights.

CONFORMANCE WITH COMMUNITY PLAN: The subject property is not located within a community plan area.

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

Customer Service and Permitting Unit: Permits are required prior to construction for any structures, fencing, and utilities associated with this project. Land Use: Any FAA required lighting would not be subject to the Dark Sky Ordinance, however, all other lighting on the property would have to meet ordinance requirements. Williamson Valley Fire District: The installation of the helipad will be subject to Fire District Plan review for fire code compliance. The WVFD indicated that they support this use permit request because the addition of this new facility will allow for an additional location for the loading of sick and injured persons onto medical evacuation aircraft and it would also allow for refueling of wild land suppression helicopters and the refilling of water for these aircraft. Federal Aviation Association: Please see the attached letter of approval subject to conditions from the FAA to the applicant.

The Long Meadow Ranch property owners association has been informed on the request but has not submitted a response to staff as of this writing. Both the Williamson Valley Corridor Plan Inc. and Friends of Williamson Valley Inc. were notified of this request and have not submitted a response as of this writing. No other reviewing agency had any issues or concerns.

STAFF ANALYSIS, SUMMARY AND EVALUATION:

SUMMARY OF CONCERNS – As indicated in the Citizen Participation report and the letters of opposition, the main concerns of the neighbors is noise, setting precedence, disturbance to horses, and whether this request complies with the Long Meadow Ranch property restrictions.

The Planning & Zoning Ordinance, Section 558 Nuisance and Hazards states; No use or structure shall be operated in such a manner as to cause to be exhausted or emitted into the atmosphere any smoke, soot, dust, radiation, odor, noise vibration, heat, glare or toxic fumes to such an extent as to constitute a nuisance.

The ordinance offers neither time restriction nor an objective definition of what a nuisance is, however, helicopters do create noise during take-off and landings. The helipad is located near the center of the parcel and is surrounded by a natural tall vegetative buffer. The subject parcel is 36 acres itself and the applicant owns 13 contiguous 36 acre lots that provide for his flight path, which is intended to minimize noise disturbance and increase safety.

Each Use Permit is presented and heard on its own merits. One Use Permit should not set a precedent for the next. The current Ordinance does not specifically address helipads or airports of any kind. This is the reason a Use Permit is required. As indicated in the Citizen Participation Report, Mr. Cornwell owns horses himself and does not want to disturb his horses or feel that there is a disturbance to horses.

Yavapai County does not enforce or base decisions upon the covenants, conditions and restrictions of any subdivision or property, however, an approval of this Use Permit may be in conflict with the Long Meadow Ranch CC&R’s. Section 12 No Nuisances, of the CC&R’s states: Hunting, discharging of firearms, and indiscriminate use of vehicles creating dust or excessive noise, including but not limited to off road vehicles, shall be considered a nuisance and are hereby prohibited. Staff has not received comment from the Long Meadow Ranch property owners association as of this writing.