Notice of clarification to the ARTICLE 6 UPDATE letter:
There will be a public hearing to consider and possibly adopt Article 6, Greer Zones, of the Apache County Zoning Ordinance. The public hearing will be held during the Board of Supervisors (BOS) meeting on May 4, 2010 at 8:30 a.m.
Article 6 is not projected to be on the BOS Consent Agenda for the
May 4th Meeting as was indicated in the
"Art 6 GCI Member letter dated 4-22-10." PUBLISHED BELOW
APACHE COUNTY PLANNING & ZONING COMMISSION APPROVES ARTICLE 6
BOARD OF SUPERVISORS HEARING SCHEDULED FOR MAY 4, 2010
4-22-10
Attention Greer Coalition Members:
Article 6, a proposed addition to the County Zoning Ordinance, that will replace the existing Greer Phase I ordinance, was approved by unanimous vote of the Apache County Planning and Zoning Commission at its April 1 meeting. If approved by the Board of Supervisors in the upcoming May 4, 2010 meeting at 8:30 AM, this newly proposed Article 6 will most certainly have long term consequences for Greer. For those of our membership who have followed the two year progress of Article 6, it should be noted that Article 6 is, in some areas, less restrictive for development than the existing Greer Phase I ordinance. This is largely due to the influence of developer interests which seemed to prevail in spite of heavy opposition from the Greer Coalition, Inc. (GCI) and the majority of the Greer Community.
While GCI remains deeply concerned with many of the document’s issues, the GCI board of directors and legal counsel were able to achieve two important changes:
1. A major concern was that a last-minute proposal inserted by investment/development interests would exempt large land parcels and master-planned parcels from the Article 6 regulations. The concern was alleviated by a compromise that resulted in the large parcels being subject to density and other Development Standards of Article 6. This successful compromise resulted from intervention by our legal team, and more specifically, by many hours of hard work by GCI president Tom Kirk.
2. Proposals by investment/development interests for increasing lot coverage above the limit
established by two decades of law under Greer Phase One were removed from consideration.
While this is also a major victory, the fact that the Apache County Planning and Zoning Commission
even considered such a proposal is very disappointing.
___________________________________________________________________________________
ISSUES AND COMMUNITY CONCERNS THAT WERE NOT ADDRESSED BY THE PLANNING COMMISSION
The Current Version of Article 6 Does Not Contain Provisions For:
● Minimum space requirements between buildings as recommended by the Greer Fire District.
● Character and intent language to guide development and growth decisions (and/or - a moratorium on new zoning in Greer until a Comprehensive Land Use Plan can be adopted).
● Prohibitions on development in environmentally sensitive areas as contained in the Greer Phase 1 Ordinance.
● A definition requiring minimum Lot Areas created by new subdivisions to be exclusive of easements for roads providing access to the lot.
● Eliminating the allowance for nightly rentals of Guest Homes associated with a Single Family Residence.
● Parking and Signage standards suitable for Greer.
At the April 1 meeting, Apache County Planning and Zoning Director Milton Ollerton said some of these provisions, such as the character and intent language, would best be included in a Comprehensive Land Use Plan (CLUP). Such a plan would include a map with defined land use zones, language defining the “character” of Greer, and development guidelines to serve as the basis for rezoning or other decisions by the County officials concerning growth and development in Greer. Mr. Ollerton was persuaded to draft a plan to develop a CLUP through the remainder of 2010. The GCI has strongly urged County Officials to instruct the Planning Department to develop this plan and to include input with consideration for the interests of all members of the Greer community. GCI board members represented Greer residents and the business community well at the April 1 meeting and will voice our remaining concerns about the current version of Article 6 that we continue to oppose (listed above) to the Board of Supervisors at their scheduled meeting on May 4. We will also request a commitment from the Board of Supervisors to complete the Comprehensive Land Use Plan. We look forward to working with Mr. Ollerton in this important process and will keep GCI members informed as this moves along.
The Board of Supervisors will hear, what will most likely be final comments, from the community as they consider the approval of Article 6 at their May 4 meeting. If approved it will establish the Greer "land use zones" and "development standards" for years to come.
Needless to say, this will be a most important meeting which may be the final opportunity to urge the County Officials to consider the interests of all Stakeholders of the community.
Therefore, if you feel strongly about the issues listed above, or others not listed, we are hereby urging you to express your thoughts about them to the Planning and Development Director, Milton Ollerton and the Board of Supervisors in person at the meeting, or alternatively, in writing. (our experience has been that the "in person" approach has greater impact with the Officials).
Note: As of this date, the approval of Article 6 is projected to be on the Supervisors "Consent Agenda" for their meeting on May 4. This means that this item "will be handled by a single vote as part of the consent agenda, unless a Board Member, County Manager, or member of the public objects at the time the agenda item is called."
We urge you to attend and object in order to require Article 6 to be given a fair and open hearing.
CONTACT INFORMATION:
Milton Ollerton: P.O. Box 238, St. Johns, AZ 85936, Phone: (928) 337-7547 Fax: (928) 337-7633. mollerton@co.apache.az.us (if requested Mr. Ollerton will distribute mail to the Board of Supervisors.)
BOARD OF SUPERVISORS
District I - Jim Claw
District II - Tom M. White, Jr.
District III - R. John Lee
REFERENCES:
Article 6 (final draft) March 2010
www.co.apache.az.us/pdfs/PlanningandZoning/Greer/Article6.pdf
Zoning Ordinance of Apache County Arizona
www.co.apache.az.us/pdfs/PlanningandZoning/P&ZPage/ZoningOrd121.pdf
Greer Phase I Zoning Ordinance
www.co.apache.az.us/pdfs/PlanningandZoning/P&ZPage/GreerPhaseI061703.pdf
___________________________________________________________________________________
PLEASE JOIN US!
GCI Board of Directors
It is more important than ever that you SUPPORT the Greer Coalition. Please join more than 200
neighbors in our effort to seek rational land use in Greer designed to protect our values, quality of life and business interests for all Greer property owners now and in the future. By joining you can stay informed and have the opportunity to have your voice be heard. It is imperative that the Greer community becomes involved. Please join us in our efforts today.
DONATE TODAY!
o Name ________________________________________________________________________
o Greer Address_________________________________________________________________
o Mailing Address _______________________________________________________________
o Email Address (We do not share or sell our membership list or email addresses.)
___________________________________________________
o I would like to assist the GCI with financial support in the amount of:
o $100
o $200
o $500
o Other $______
Make checks payable to: Greer Coalition Inc.
P.O. Box 265
Greer, AZ 85927
Your tax-deductible contribution is vital to sustain GCI activities. Our dedicated volunteers who have provided countless hours of work on behalf of the Greer community perform the vast majority of GCI activities. Funds are used by our board to pay postage, legal input, insurance premiums and website maintenance.
ARCHIVED NEWS SECTION
Upcoming Critical Apache Co. Planning and Zoning
Hearing April 1, 1:00 PM
Where: Board of Supervisors Room, Apache County Annex Building,
75 West Cleveland, St. Johns, Arizona
April 1 is a critical day in the final approval process of the new zoning ordinance for Greer, Article 6, which will govern all development in Greer for years to come. It is the culmination of a process that began more than 2 years ago and has been the topic of multiple hearings and hard work by a number of community members. The GCI Board believes that the result of the hearing on April 1 will likely be approval of the ordinance by the Planning and Zoning Commission.
While several GCI Board Directors have been active participants on the Greer Advisory Committee (GAC) in the development of Article 6 and the associated debate on many items, we remain disappointed that a number of key elements have been deleted from drafts generated by the GAC. These include current rules of our zoning code (Greer Phase 1 – GP1) such as the introduction or intent language that stipulates that future development preserve a defined Character of Greer that would govern future development.
Other important innovations have been deleted from original GAC drafts of Article 6 including the adoption of building separation standards recommended by the Greer Fire District and the existing, two decade old, GP1 restrictions on building steep slopes, saturated soils and wetlands (river meadows and steep hillsides).
Still other provisions have been added at the insistence of the development community over the objections of GCI. These provisions include the allowance of multifamily (condominium) development in Greer, and a decrease in open space requirements compared with current zoning rules.
A very disturbing and concerning recent addition to Article 6 is a provision that would exempt from local zoning rules any future large parcels similar to the several hundred acre parcel under consideration for the land swap. While the zoning code in Greer is much more restrictive than the general codes of Apache Co., under this clause, future development of such large parcels could possibly be subject only to ‘generic’ rules in Apache County as opposed to the density and development standards contained in Article 6 specifically developed for Greer. This would represent a major change from current rules (GP1) and could dramatically change the character of Greer in the future. Efforts are ongoing to have the objectionable language modified or removed. We believe that it is critical that as many of us as possible be present at the April 1 meeting to articulate the following positions:
- Some of the provisions of current zoning code deleted from Article 6 could be incorporated into Comprehensive Land Use Plan (CLUP). Future planning and zoning in Greer should include character/intent language, and possibly architectural standards as well as a map defining a comprehensive plan for our community. We advocate a process for the development of a CLUP with a defined timetable for completion that incorporates community input by a representative body of community stakeholders similar to the GAC.
- In addition all future development land including master planned communities should be subject to the provisions of Article 6.
- Members of the development community are continuing to argue for an increase in density of development (percent lot coverage allowed) beyond that currently allowed (ie from 20 to 25% in the GC (Greer Commercial) zone from 20 to 30% in the GCR (Greer Commercial Resort) zone. We strongly object to such proposed changes.
To see latest version of Article 6 please use the following link: http://www.co.apache.az.us/PDFs/PlanningandZoning/Greer/Article6.pdf
Please make every effort to attend this important meeting. There is no substitute for your personal attendance.
To make a trip to St Johns as convenient as possible we are organizing carpools from Tucson and Phoenix. Please contact Fred Fiastro by email (ffiast@comcast.net) if you are interested in participating in a carpool. Fred will coordinate with you to group folks together for the ride. Most will be departing Thursday April 1 early morning to return the following day. If your home in Greer is still closed for the winter, you would be welcome to stay Thursday night with one of our members.
Whether you attend or cannot, it’s important to provide comment by March 30, 2010; therefore we encourage you to call, write or email your comments to Milton Ollerton at mollerton@co.apache.az.us, PO Box 238, St. Johns, AZ 85936, Phone: (928) 337-7547, Fax: (928) 337-7633. We also think it’s important that you to write the Planning & Zoning Commissioners using the same mailing address noted above or by emailing them at the following email addresses:
Bobby Fite rfite@co.apache.az.us |
Don Borg |
Tom Tilford - Chairman |
Carey Dobson |
Steve Nicoll |
Kay Hauser |
Patsy Plant pplant@co.apache.az.us |
|
|
THIS MEETING WILL AFFECT THE LONG TERM FUTURE OF GREER. PLEASE TAKE AN ACTIVE PART IN IT
PLEASE STAND AND SHOW YOUR SUPPORT
Board of Directors
Greer Coalition Inc.
January 18, 2010
Greer Zoning Ordinance Scheduled for Planning & Zoning
Commission Hearing February 4, 2010
Recently Milton Ollerton, Apache County Community & Development Director, published an updated draft of Article 6. This new draft dated “November 3, 2009” continues to fall short in many ways from the recommendations put forth by the Greer Advisory Committee (GAC), feedback provided to the P&Z Commission at a public meeting in Greer on June 25th and public comment provided in the fall 2009. This latest draft has been posted to the County website and can be found using the following link: http://www.co.apache.az.us/PDFs/PlanningandZoning/Greer/Article6.pdf
Once again it’s critically important for GCI members and the community of Greer to contact Milton Ollerton by email, telephone or regular mail to voice their comments and concerns on this latest draft. AND it’s important to attend the February 4th P&Z hearing to show the Commission and the County that further changes are needed to this latest draft of Article 6.
In an effort to assist you in identifying the issues in the latest draft and to aid you in preparing a comment letter, we’ve prepared the attached memo highlighting the major issues that we have noted. This may not be an exhaustive list and there may be issues identified that you may not agree with however it’s intended to expose the issues to public discussion and debate. We’ve also included a comparison chart that identifies the key differences between Greer Phase 1 and the current draft Article 6.
It’s important to provide public comment by February 1, 2010; therefore we encourage you to call, write or email your comments to Milton Ollerton at mollerton@co.apache.az.us, PO Box 238, St. Johns, AZ 85936, Phone: (928) 337-7547, Fax: (928) 337-7633. We also think it’s important that you to cc the Planning & Zoning Commissioners using the same mailing address noted above or by emailing them at the following email addresses:
Nick Scienski |
Don Borg |
Tom Tilford - Chairman |
Eric Hamblin |
Steve Nicoll |
Kay Hauser |
Carey Dobson |
|
Bobby Fite |
THIS IS AN IMPORTANT PUBLIC PROCESS THAT WILL AFFECT THE LONG TERM FUTURE OF GREER. PLEASE TAKE AN ACTIVE PART IN IT
Sincerely,
Tom Kirk
President
602-228-7997
January 18, 2010
Article 6 Comments
The County has produced an updated draft of Article 6 (dated November 3, 2009). This draft incorporates further changes from comments from the public received last fall as well as changes resulting from a final GAC meeting in October 2009. There are still elements of this latest draft that we consider unfavorable to the community as a whole that need further modification.
Remaining Significant Issues
- Commitment to Comprehensive Land Use Plan:
Most agree, including County staff that in addition to a new zoning ordinance Greer needs a Comprehensive Land Use Plan (CLUP) or planning map that identifies what type of land use should be permitted where in Greer to help guide future growth. With the adoption any new zoning ordinance for Greer the County needs to commit to a specific timeline to complete a Comprehensive Land Use Plan for Greer. No ordinance adoption should occur without a very specific commitment. At this point this is considered the most pressing issue with the County. The process to develop a CLUP should only occur using a committee made up of Greer residents and property owners.
- Prohibition of Rental Apartment and For Sale Condominium and Townhomes:
The Community of Greer has consistently called for and supported the 1unit/acre residential density standard. The higher density limits allowed for Greer Commercial Resort zone should not be allowed in any zone except GCR and then only for a lodge/resort use or development. The current draft suggests that Multifamily Units (ie apartments, condos) or Townhouses could be allowed by conditional use permit in a Residential zone (GR-1) or a Greer Commercial Resort zone (GRC), see Permitted Use table in Section 605. The historic character and density of Greer needs to be maintained and of higher density development, except for a lodge/resort use, should not be allowed.
- Section 604 C & D - Open Space Requirements for GC and GCR Zones:
The County has reduced the open space requirement in the GC and GCR zones from 50% to 40% and 30%, respectively. Preservation of open space has been a stated objective in GP1 and this important objective should be maintained. Reducing open space requirements leads to a greater intensity of development than currently is allowed. The 50% standard of GP1 should be restored in these two zones.
- Adoption of Wild Land Fire Safety Standards needed:
The Greer Fire District (GFD), the GAC and numerous members of the community have urged the County to adopt development standards for building separation and building setbacks to ensure that Greer is better prepared in the event of fire. The County has continued to ignore this recommendation for reasons that are unclear. Public safety, especially involving the threat of fire, is a critical issue that the County should address now in Article 6. Additionally, the County has full discretion within the limits set forth by Prop 207 (ARS 12-1134) to implement reasonable land use regulations pertaining to public safety. The County should adopt now the specific recommendations of the GFD for building separation and building setbacks.
- Section 601- Introduction:
The introduction language has been deleted and should be restored. It provides context and helps clarify intent for the rest of the ordinance. GP1 contained several important provisions laying out purpose and intent that help provide important context for how decisions should be evaluated.
- Greer Addendum to Apache County Zoning Ordinance for Signage, Lighting and Parking Standards:
The existing or proposed Articles in the new Apache County Zoning Ordinance need to be reviewed and possibly amended to incorporate appropriate standards for Greer. GP1 contained standards, restrictions and requirements for these topics and they need to be carried over into the new ordinance. This has been the County’s intention but time or attention has not been dedicated to these areas yet due to the focus given to the update to Article 6.
- Section 605 - Permitted and Prohibited Uses:
The table of permitted uses should be adjusted for the following items:
- “Churches, Museums, Schools, Libraries and Community Centers should not be a permitted use in a GR-1 (residential) zone. They should be subject to a conditional use permit in this zone.
- “Guest Ranch” should not be a permitted use in the GA-2 (Ag/Holding) zone. A guest ranch is similar to a lodge or resort type use and should require similar zoning. The GA-2 is an Ag. or holding zone.
- “Commercial Horseback riding & Stables” should not be permitted even under a conditional use permit in the GA-2 (Ag/Holding) zone. This is a commercial operation and should only exist in a commercial zone.
- “Nightly Single Family Cabin Rentals” should not be a permitted use in the GC zone. No overnight stay or lodging uses are allowed in that zone and nightly cabins rentals in that zone would be inconsistent with that
- “Parks & Playgrounds” should only be allowed by conditional use permit rather than as an automatic permitted use in the GA-2 and GR-1 zones.
- “Temporary Outdoor Events” for the GR-1 zone should only be allowed by conditional use permit rather than by an administrative approval, which does not require a public hearing.
- “Condominiums, Timeshares, Fractionals” should be eliminated from the table altogether. These are technical terms for a form of ownership and don’t belong in a land use table. In addition they create confusion over whether this type density should be allowed.
- The table of prohibited uses should be adjusted to add back “Multifamily dwellings (ie apartments, townhouses or other attached residential structures” as a prohibited use.
- Section 602 A.6., B.6., C.6., D.6. - Regulation of Development in Flood Plains and in Saturated Soil / Steep Slope Conditions:
Restore the wording from GP1 that prohibits development in areas of flood plain, saturated soils, or steep slopes. The current draft reads “Protect the public safety by prohibiting or regulating development in areas of flood plain, saturated soils, or steep slopes.” “Regulating” infers allowing some form of development in areas not suitable for any development.
- Section 6.04 D - GCR Minimum Lot Size to be 2 Acres:
The GAC recommended that the minimum lot size for the GCR zone be 2 acres. In the current draft it has been reduced to one acre. A one acre site is too small to adequately accommodate a resort use, given the impacts such uses have on ingress/egress, parking and other factors inherent to the very nature of such uses. Further a 2 acre minimum size would prevent the conversion of certain existing parcels in the Main Street area and other parts of Greer to a resort use.
- Section 604 A - GA-2 Zone Development Standards:
The development standards for this zone should be reviewed to ensure the standards are appropriate for what the County has defined as a holding zone for undeveloped property. While permitted uses in this zone are generally limited to agricultural or residential uses the development standards appear to be haphazardly developed with some standards more restrictive than the GR-1 zone and some less restrictive. The following development standards should be changed from what is currently proposed:
- Minimum width: No minimum
- Maximum Building Height: 28 ft. – Not 35 ft. as currently drafted
- Accessory Buildings: Should follow the same standards as provided for in GR-1 – as currently drafted there are no size or quantity limits and the setbacks are less than the primary structure
- Guest Houses: Should follow the same standards as provided for in GR-1 – as currently drafted there is no size limits and the setback requirements should not be different than what are already called for in this zone
New Greer Zoning Ordinance Time Table Announced
June 1, 2009
During the upcoming summer months critical decisions will be made by Apache County officials that will impact all residents of Greer for many years to come.
A new comprehensive zoning ordinance for Greer (Article 6) is under review for FINAL approval. The draft ordinance includes many provisions for property and business owners and important provisions to preserve Greer’s unique culture and environment. It is generally supported by GCI but is likely to be opposed by a few Greer business and investment interests. This opposition is well financed and extremely vocal. If you have an interest in the future of Greer and protecting its mountain village character, it is essential for you to get the facts, be present for as many public meetings as you can during this crucial period and let your opinion be known.
Milton Ollerton, Community Development Director for Apache County recently released the following new timeline for approval of the new Greer Zoning Ordinance:
- June 4 Submit final draft to P&Z Commission for review and comments.
- June 6 P & Z to host an information booth at Greer Days
- June 10 Mail ordinance to all property owners in Greer
- June 25 P&Z Commission public hearing in Greer regarding ordinance
- July Consider all changes, recommendations, and comments received on ordinance.
Meet with staff to finalize document
- August 6 P & Z Commission hearing and possible approval of Article 6.
- August 25 Board of Supervisors hearing and possible approval of Article 6
In response to this timeline we strongly encourage you to attend the following important meetings for June:
WHEN: Saturday June 20 at 1:00 PM
WHAT: Greer Coalition Membership Meeting
WHERE: Greer Community Center
WHY: Update GCI Members on the Proposed Greer Zoning Ordinance.
At this meeting we’ll have reviewed the published draft ordinance and likely will have comments and recommendations to provide the County for their final draft and meeting below
WHEN: Thursday June 25 at 6:00 PM
WHAT: Apache County Public Meeting for all Greer Residents
WHERE: Greer Community Center
WHY: To provide input into the new zoning ordinance draft.
In addition, the Greer Roundtable, an association of Greer organizations, has agreed to sponsor a general community meeting on Sunday June 14th at 2PM at the Community Center to discuss the Greer zoning update and Article 6. Please try to attend this meeting as well to hear what others in the community think about Article 6.
Following the June meetings we will monitor changes to the draft based on public input. We are planning to have another GCI membership meeting on July 25th at the Community Center in preparation for the formal P&Z Commission hearing on August 6th.
WHAT CAN YOU DO?
- Familiarize yourself with the County’s current draft of Article 6 at http://www.co.apache.az.us/PDFs/PlanningandZoning/P&Z50709/Article6.pdf (This version of the document could change by the time the County mails it out on June 10.)
- Review the draft ordinance when it is published/issued by the County on or about June 10th and become familiar with it’s provisions that preserve the current standard of 1 unit per acre, that establish development standards for each zone, that show allowable uses for each zone and that define prohibited uses.
- Attend GCI’s informational meeting on June 20 at 1PM at the Community Center
- Attend the June 25th Planning & Zoning Commission meeting (6pm at the Community Center) to show county officials your interest in these matters and to provide comment and input into the final draft of Article 6.
- Write comment letters to Milton Ollerton following the June 25 Planning & Zoning Commission meeting
- Attend the GCI Member meeting July 25th at 1PM at the Community Center
- Attend the formal P&Z hearing on August 6th and Board of Supervisors hearing on August 25th to ensure your views are heard (these hearing dates could change)
- Visit the GCI website for updates on any schedule changes and for key message points
THIS IS AN IMPORTANT PUBLIC PROCESS THAT WILL AFFECT THE LONG TERM FUTURE OF GREER. PLEASE TAKE AN ACTIVE PART IN IT
Sincerely,
Tom Kirk
President
602-228-7997
October 25, 2008
LETTER TO GCI MEMBERS
RE-ZONING ORDINANCE
Dear GCI Members
Attached is an updated version of the new zoning ordinance for Greer, now commonly referred to as Article 6 of the Apache County Zoning Ordinance. This document is scheduled to be heard at the next Planning and Zoning Commission meeting on Thursday November 6th at 1PM in St. Johns. We’re writing to encourage you to review this document and provide comments to Milton Ollerton, Community Development Director, and the Planning and Zoning Commission prior to the hearing date (see contact information below) and attend the actual hearing if you’re in town. As a whole the GCI board supports this document and would encourage you to provide a letter or email in support as well. Having said that we recognize that our membership is a large diverse group and depending on where your property is or what your views are you may or may not agree with all of the provisions of this document and should voice such concerns or comments to Milton Ollerton and the P&Z Commission. We expect that a minority segment of the community (some members of the real estate and business community) will oppose some of the development standards incorporated and may be vocal about it, therefore it is important for those in favor of this new ordinance to step forward as well with written support.
The following is intended to provide you with an overview of how this new ordinance was developed, what the more significant provisions or changes are from the current Greer Phase 1 Ordinance and what work remains to be completed.
HISTORY
For over a year a group of GCI board members (Dave Bennett, Tom Kirk, Ray Stanley and Carl Van Deman), along with 7 other members of the community (Sam Applewhite, Dick Bruneau, Judy Cline, Dan Leeds, Larry Loucks, Roy Laos, and Doug Sandahl) have been serving on a committee known as the Greer Advisory Committee (GAC) to develop this new set of zoning and development standards for the community. This effort was initiated as part of a County wide initiative to overhaul the County’s zoning ordinance. Greer has had its own development ordinance (the Greer Phase 1 Ordinance) since 1989 and efforts to update or modify it over the course of the last 10 or more years have ended unsuccessfully. Members of the Greer community felt it was important to continue to have a Greer specific ordinance and the GAC was formed with the support to the County to spearhead the latest effort to modernize the Greer Phase 1 Ordinance with a focus to 1) provide more structure and certainty as to what types of land uses could go where in Greer, 2) improve the process for how land use changes could occur, 3) define appropriate development standards for each zoning category and 4) incorporate standards to address concerns arising out of nightly cabin rentals.
KEY CHANGES
Probably the most significant change to the Greer ordinance, and the County’s for that matter, is the establishment of specific land use zoning categories. For Greer three zoning categories have been established; Residential (1 single family dwelling/acre), Commercial and Commercial Resort. Section 604 of Article 6 establishes the size, density and setback standards for each of the three zoning categories and Section 605 establishes the permitted and prohibited uses for each zoning category. Presently all land in Greer, as well as the rest of the county, is classified as agricultural which permits 1 single family dwelling per acre. Alternate uses have been permitted subject to obtaining a conditional use permit (CUP). All of the businesses or non-residential uses that exist in Greer have come about by application and approval of a CUP (or in a few cases by having existed prior to the enactment of the CUP process). The CUP process is probably the source of most land use controversies in Greer because there is no established plan or map showing where different uses are most appropriate, thereby effectively allowing any property owner to apply for a CUP anywhere. The zoning categories in conjunction with a zoning map or General Plan, which still needs to be developed, will work in combination to serve as the development plan for Greer and will create more order for what uses can exist where. While a property owner will be able to apply for a rezoning, such a change will be subject to the public hearing process. Such a change will need to be in conformance with the General Plan or the owner will need to apply for an amendment to the general plan as well. Such changes should be hard to achieve without compelling reasons or broad support of the community.
Other changes include 1) establishing the minimum lot size for a residential lot at 1 acre (43,560 s.f.); 2) the elimination of condos, townhouses or apartments as an allowed use (see prohibited uses in Section 605); 3) the creation of some basic architectural guidelines that address, among other things, building materials and colors (see Section 606); 4) a change in the way building heights are calculated (see bottom of Section 604); 5) new standards for accessory buildings, establishing limits for height, size and number of such structures (see end of Sections 604 A, B & C.); 6) increasing side yard setbacks for residential lots from “10 feet plus 1 additional foot for each foot of building height over 14 feet” to “15 feet plus 1 additional foot ….”.; and 7) increasing building separation in all 3 zoning categories to 20 feet for single story and 25 feet for two story structures. Currently the standard for residential uses is 15 feet and 20 feet respectively; for a commercial or commercial resort use there is no standard.
WORK REMAINING
While Article 6 is the first element to move forward through the hearing process, several other key elements remain to be completed and will be worked on by the GAC in the coming months with the goal to have them complete by summer 2009. They include:
- Development of the General Plan map designating where residential, commercial and commercial resort uses are planned for. Current uses in most cases will be zoned what they are today therefore the General Plan will be used primarily for identifying the planned use for undeveloped property . This mapping exercise should identify the appropriate use from a planning stand point.
- A guest accommodations ordinance intended to regulate overnight cabin rentals in residential areas. The concept developed so far includes a licensing requirement to ensure compliance with health and safety regulations including county inspections, restrictions on certain activities to address public nuisance, and a cap on the number of licenses to be issued to help control the ultimate number of cabin rentals
- A review of other Apache County zoning articles that address signage, parking and lighting to ensure provisions appropriate for Greer are incorporated.
- Consideration of a Main Street Overlay zone for the down town area adjacent to the meadow in an effort to preserve the views to the meadow and possibly address other standards as a means to preserve and maintain the historic character and theme of Greer.
SUMMARY
A lot of work has been put into the development of this document by a number of people. We believe this new ordinance is a good forward looking document that will be beneficial for Greer as a whole.
WHAT YOU NEED TO DO:
- REVIEW THE DRAFT ZONING ORDINANCE: Please take the time to review it and provide comments. This is your opportunity to shape the outcome of the new ordinance; your comments should be heard. If you agree that this as a whole is good for Greer the County needs to hear from you as well.
- CONTACT COMMUNITY DEVELOPMENT DIRECTOR: Please direct all comments to Milton Ollerton. His contact information is: e-mail: mollerton@co.apache.az.us, PO Box 238, St. Johns, AZ 85936, Phone: (928) 337-7526, Fax: (928) 337-7633
Questions regarding this letter or Article 6 as currently drafted can be directed to Tom Kirk (thekirks@cox.net or 602-228-7997), Dave Bennett (dbgrayfox@yahoo.com or 520-760-3244), Ray Stanley (rnstan@yahoo.com or 520-490-4291) and Carl Van Deman (cvand@wbhsi.net or 480-759-6234)
Tom Kirk
President
ATTACHMENT ARTICLE 6 - DRAFT
ARTICLE 6. GREER ZONING
Section 601. Introduction
Greer is a high mountain village located in one of the most unique and beautiful natural settings in the Southwest. The vision of the community is a mixture of open mountain forest and meadowland, natural rivers and streams, which flow year round, homes on one-acre lots, small commercial enterprises and widely disbursed minor destination resorts. Recreational opportunities in the area are virtually unlimited. There is an abundance of wildlife species including deer, elk, antelope, bear, turkey, and many others, which are frequently observed in the meadow and forestland areas of the community. Wildlife experts have proclaimed the area as the natural habitat for many of our states “threatened and endangered species” such as the Bald Eagle, Spotted Owl, Southwestern Willow Flycatcher and many other plant and animal species.
However, this mountain wonderland is experiencing unprecedented growth pressures of seasonal use and increasing development. These changes must be managed with intelligent and reasonable planning, land use and development controls.
The character of Greer is shaped in part by its ties to the past. Greer has a rich history much of which is tied to the people who have lived or visited there and the properties and places where that history was made. Residential and business property owners and visitors are united in their perception of the Greer area as a very special place that must not be sacrificed in terms of visual image, scenic quality, character, and environmental stability of natural resources. They sincerely believe that these qualities attract visitors, tourists and investment and that their preservation, which is fundamental to sustaining a healthy and growing economy, can be accomplished with faithful adherence to this Ordinance and the Comprehensive Plans for both Apache County and, when adopted, the Community of Greer.
Section 602. Purpose
A. Greer Residential Zone
The primary purpose of the Greer Residential Zone (GR-1) is to:
1. Provide for low-density Single Family Residential development with adequate open space and separation of buildings
to preserve the natural features of the land and the rural character of the community.
2. Provide for low-density development to minimize the hazard of wild land fires, soil instability, and other natural and
man-made threats.
3. Preserve visual aesthetics in developed areas by providing proper scenic corridors.
4. Preserve the established scale and character of residential structures in the community by providing design
and development standards for architectural, lighting, signage, and other site constructed elements.
5. Maintain low-density development in order to minimize adverse impacts to environmentally sensitive features of the
community.
6. Protect the public safety by prohibiting or regulating development in areas of flood plain, saturated soils, or steep slopes.
B. Greer Commercial Zone
The primary purpose of the Greer Commercial Zone (GC) is to:
1. Provide for small Retail Shops, Convenience Stores, Restaurants, Bars, Lounges, Professional Office and Service
Facilities in convenient locations where there is adequate access to Principal or Minor arterial roads or highways,
in order to meet the needs of the residents and visitors in community.
2. Provide for low-density development with consideration for adjoining environmentally sensitive meadowlands and
streams, and for adjoining residential properties.
3. Preserve the small scale rustic character established in existing commercial zones by providing design and development
standards for architectural, landscaping, lighting, signage and other site constructed elements.
4. Prohibit commercial uses or structures which are, because of their visual or environmental insensitivity or their hazardous
nature, inherently incompatible with the character and values of the community.
5. Provide parking standards in order to promote pedestrian and vehicular safety, and to minimize the negative visual impact
of open parking areas.
6. Provide for low-density development to minimize the hazard of wild land fires, soil instability, and other natural and man-
made threats.
7. Protect the public safety by prohibiting or regulating development in areas of flood plain, saturated soils, or steep slopes.
C. Greer Commercial Resort Zone
The primary purpose of the Greer Commercial Resort Zone (GCR) is to:
1. Provide for the development and operation of Resorts, Lodges, Hotels, Motels and Bed & Breakfasts containing guest
accommodations for the short term visitor, and amenities which may include Restaurants, Bars and Lounges, Convention
and Recreational facilities in a physical setting of open space exhibiting the natural features of the land.
2. Provide for low-density development with consideration for adjoining environmentally sensitive meadowlands and
streams, and for adjoining residential properties.
3. Encourage development whose scale and character exhibits a consistency with architectural and historical precedents
established within the community by providing design and development standards for architectural, landscaping, lighting,
signage and other site constructed elements.
4. Provide parking standards in order to promote pedestrian and vehicular safety, and to minimize the negative visual impact
of open parking areas.
5. Provide for low-density development to minimize the hazard of wild land fires, soil instability, and other natural and man-
made threats.
6. Protect the public safety by prohibiting or regulating development in areas of flood plain, saturated soils, or steep slopes.
Section 603. Area Description
This area is located within the southern portion of Apache County. By general description, it is located south of state Route 260 within Township 7 and 8 North, Range 27 and 28 East.
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Section 604. Development Standards (Height, Setback, and Intensity of Use)
A. GR-1 Greer Residential Zone (one house per acre)
Lot Area (min): One-Acre (43,560 square feet)
Lot Width (min): 150 feet
Lot Coverage (max): 20 percent covered by structures gross floor area
25 percent – ratio of total gross floor area of structures to lot area
Open Space (min): 50 percent of lot area exclusive of parking, circulation space and structures
Front Yard Setback (min): Height of building plus 10 feet
Side Yard Setback (min): 15 feet plus 1 additional foot for each foot of building height over 14 feet, or 10 feet if abutting Forest Service property
Rear Yard Setback (min): Height of building plus 10 feet, or 10 feet if abutting Forest Service property
Building Height (max): 2 stories not to exceed 28 feet
Building Separation (min): 20 feet for single story, 25 feet for two story
Accessory Buildings: Height limited to 1 story not to exceed 18 feet
Size limited to 850 sf gross floor area for each building
Size limited to 1200 sf gross floor area for each building on lots of 2 or more acres
Guest Houses: (1 per lot) Height limited to 1 story not to exceed 18 feet
Size limited to the lesser of 50% of the principal building or 850 sf gross floor area
Accessory Buildings & Combined total number per lot limited to 2.
Guest Houses
B. GC Greer Commercial Zone
Lot Area (min): 20,000 square feet
Lot Width (min): 100 feet
Lot Coverage (max): 20 percent covered by structures gross floor area
25 percent – ratio of total gross floor area of structures to lot area
Open Space (min): 50 percent of lot area exclusive of parking, circulation space and structures
Front Yard Setback (min): Height of building plus 10 feet
Side Yard Setback (min): 10 feet plus 1 additional foot for each foot of building height over 14 feet, or 10 feet if abutting Forest Service property
Rear Yard Setback (min): Height of building plus 10 feet, or 10 feet if abutting Forest Service property
Building Height (max): 2 stories not to exceed 30 feet
Building Separation (min): 20 feet for single story, 25 feet for two story
Accessory Buildings: Height limited to 1 story not to exceed 18 feet
Area limited to 1200 sf gross floor area for each building
C. GCR Greer Commercial Resort Zone
Lot Area (min): One Acre (43,560 square feet)
Lot Width (min): 150 feet
Lot Coverage (max): 20 percent covered by structures gross floor area 25 percent – ratio of total gross floor area of structures to lot area
Open Space (min): 50 percent of lot area exclusive of parking, circulation space and structures
Front Yard Setback (min): Height of building plus 10 feet
Side Yard Setback (min): 10 feet plus 1 additional foot for each foot of building height over 14 feet, or 10 feet if abutting Forest Service property
Rear Yard Setback (min): Height of building plus 10 feet, or 10 feet if abutting Forest Service property
Building Height (max): 2 stories not to exceed 30 feet
Building Density (max): 8 housekeeping units per acre or 20 non-housekeeping units per acre, or a proportionate
combination thereof (for example 4 housekeeping units & 10 non-housekeeping units on
a one acre site)
Building Separation (min): 20 feet for single story, 25 feet for two story
Accessory Buildings: Height limited to 1 story not to exceed 18 feet
Size limited to 1200 sf gross floor area for each building
Additional Building Setback and Separation Standards applicable to Sections
604.A, 604.B & 604.C
Building Height:
Building Height shall be measured from the first finished floor, above ground, to the highest ridgeline of the roof.
Building Setbacks and Separations:
Building setbacks shall be measured from the property lines to exterior walls, roof overhangs or edges of porches or decks, whichever protrudes more. Building separations shall be measured between the most protruding structural elements identified for the measurement of building setbacks.
Where a property zoned GC or GCR has one or more common boundaries with a property zoned GR-1 the common boundary setbacks for the GC or GCR property shall be doubled. Exception: Properties located on opposite sides of a road which share a common boundary within or adjacent to the road shall be exempt from the double setback requirement related to that particular common boundary.
Building Setbacks from State Highways
Structures shall not be erected closer than 50 feet from the right-of-way of State Highways 373 or 260. (Note: Highway 373 extends from Highway 260 in a southerly direction to the point near the Greer Village area where State Highway maintenance ends as indicated by a roadside sign).
Building Setbacks from Roads
Building setbacks for properties adjacent to roads or alleys shall be measured from the edge of the right-of-way of the road defined by a dedicated roadway parcel or an easement line. Building setbacks shall not be measured from the center line or any other line within the right-of-way.
Section 605. Uses
USE TABLE (see footnote 4) |
GR-1 |
GC |
GCR |
Accessory Buildings |
P |
P |
P |
Antique Shops |
X |
P |
P |
Art Galleries |
X |
P |
P |
Arts and Craft Shops |
X |
P |
P |
Bed and Breakfast Dwellings |
X |
X |
P |
Candy and Ice Cream Stores |
X |
P |
P |
Child Care Facilities |
X |
P |
P |
Churches, Museums, Schools, Libraries and Community Centers |
P(1) |
P |
P |
Communication Towers |
X |
C |
C |
Convenience Stores |
X |
P |
X |
Domestic Animals / Livestock |
P |
C |
X |
Furniture Stores |
X |
P |
X |
Garage and yard sales |
P |
X |
X |
Gift Shops |
X |
P |
P |
Government & Public Offices |
X |
P |
X |
Guest Homes |
P |
X |
X |
Guest Ranch |
X |
X |
P |
Hardware Stores |
X |
P |
X |
Home Business |
P |
X |
X |
Horseback Riding & Stables |
X |
P |
P(2) |
Laundry (self service) |
X |
P |
X |
Liquor Stores |
X |
P |
X
|
USE TABLE (continued) (see footnote 4) |
GR-1 |
GC |
GCR |
Nightly Single Family Cabin Rentals |
A(3) |
X |
P |
Parks and Playgrounds |
P |
P |
P |
Photographic or Artist Studio |
P |
P |
P |
Professional Offices (see Article 2 Definitions) |
X |
P |
X |
Public Utility Installations |
X |
P |
C |
Public Utility Offices |
X |
P |
X |
Resorts, Lodges, Hotels & Motels |
X |
X |
P |
Restaurants, Bars and Cocktail Lounges |
X |
P |
P |
Single Family Residence (site constructed) |
P |
X |
P(5) |
Sporting Goods Stores (incl. sports eqpt. rentals) |
X |
P |
X |
Temporary outdoor events |
A |
A |
A |
Youth Camps |
X |
X |
P |
P: Permitted use A: Administrative use X: Not Permitted C: Conditional Use
Conditional uses shall follow the process as described in Article 11. Administrative uses shall follow the process as described in Article 9.
Use Table Footnotes:
1) Facilities must be located fronting an arterial road or highway. Vehicular access
to the facilities must be directly from the arterial road or highway.
2) Facilities located in GCR zones must be operated in conjunction with Resort Facilities.
3) Facilities require Guest Accommodations License.
4) The Community Development Director may permit in a zone any use not described in the above tables but deemed to be of the same
character and in general keeping with the uses authorized in such zone in accordance with the provisions of Article 9, Section 901.
5) Subject to conformance with GR-1 development standards
Prohibited Uses Include:
Adult Oriented Businesses |
Gasoline Service Stations |
Mini Storage Facilities |
Auto Parts & Supplies |
Dry Cleaners |
Retail exceeding 5000 sf. |
Auto Repair Shops |
Heavy Equipment Rental & Sales |
Tattoo Parlors |
Auto Sales & Rentals |
Feed Stores |
Theaters & Movie Houses |
Car Washes |
Funeral Homes |
Warehouses |
Drive-in Restaurants |
Industrial Uses (see Article 4) |
Multi-Family Dwellings |
Mobile Home & Trailer Parks |
Manufactured Housing |
Townhouses, & Condominiums |
RV Storage Lots |
Campgrounds |
Timeshares |
Section 606 – Architectural Development Standards
The intent of these regulations is to provide minimum exterior building design requirements for new or remodeled construction in Residential, Commercial and Commercial Resort zones within the Greer Recreational Area. Conformance to these Standards will ensure an integration of structures with the character of the existing forested mountain village of Greer, and the protection and enhancement of property values within the community.
1) Architectural Design
a) Architectural design shall be compatible with the materials, form and rustic character of existing structures in the
area and based on the indigenous cultural and climatic influences inherent to the region. The building mass of larger
structures should be broken up to simulate residential scale. Large blank walls without openings or offsets should
be avoided. Entryways should be covered or recessed and readily identifiable. Porches and decks are encouraged
where feasible. These requirements should not be interpreted to limit design diversity, but rather to preserve the
rustic historical character of the built environment.
2) Exterior Building Materials
a) Exposed exterior wall materials shall be limited to wood (rough sawn is preferred) log, log siding, stone,
textured concrete block for stem walls and fireplaces only, or rustic clay masonry. Prefabricated buildings and
metal, fiber cement or other composite siding materials in any form are prohibited.
3) Exterior Building Colors
a) Exterior wall colors shall be limited to natural colors in the range of those found in the surrounding landscape
and shall be selected to blend with the surroundings rather than to create extreme contrast. Bright red, white,
blue, green or turquoise roofing colors are prohibited whereas muted light to medium reds, blues, greens, browns and neutral colors are acceptable (color information is available through the Community Development
Directors office).
Metal roof panel finishes shall be low reflectance with a “Solar Reflective Index (SRI)” of less than 50
and an“Initial Solar Reflectance (ISR)” of less than 45.
b) Trim and wall accent colors may be used sparingly (less than 3% of the area of any facade) but must be
compatible with the exterior natural colors.
c) The approved color or character of the structures shall not be significantly altered by ordinary maintenance,
repair or repainting unless approved by the Community Development Directors office.
4) Roofing Materials
a) Roofing materials shall be limited to colored metal panels, dimensional asphalt fiberglass shingles, cement fiber
reinforced shingles or other class “A” rated roofing material.
b) Wood shakes or other combustible roofing materials are prohibited.
c) Approved roof forms include gabled, hipped or shed roofs. Domed, arched or vaulted roof forms are
prohibited.
5) Facade Treatment
a) Restoration or Rehabilitation work on historical or rustic facades should preserve the character of the original
facade as much as is reasonable and appropriate.
b) Side and Rear Facades should be designed with materials and detailing similar to the front facade if they are
viewable from public areas or adjacent properties.
6) Windows
a) Windows shall be limited to clear glass or tinted glass and shall comply with Arizona Standards for maximum
reduction of transparency. Mirror glass is prohibited.
b) Mill finished aluminum window or door frames are prohibited.
Section 607: Definitions
Definitions shall comply with the provisions of Article __ of this Ordinance.
No Guest Houses in “Guest Accommodations”
Review “lot” or “lot lines definition” to ensure one net acre lots (minimum) for new GR-1 subdivisions
Modify “Home Business” definition
Modify “Gross Floor Area” definition
Section 608: Off-Street Parking
Off-Street Parking shall comply with the provisions of Article __ of this Ordinance.
Section 609: Signage
Signage shall comply with the provisions of Article __ of this Ordinance.
Section 610: Landscaping
Landscaping shall comply with the provisions of Article __ of this Ordinance.
Section 611: Animals / Livestock
Animals / Livestock shall comply with the provisions of Article __ of this Ordinance
(Others as required)