1.26.2016 PL-15-0246 Avondale Auto Mall Zoning Interpretation

Avondale Auto Mall
Appeal of Zoning Interpretation
Board of Adjustment
January 26, 2016
Presenter: Robert Gubser, Planning Manager
Overview
1. History of Avondale Auto Mall
2. Zoning Administrator
– Powers and Duties
– Auto Mall Zoning Interpretation
3. Appeal Process
4. Legal support for Interpretation
History – Avondale Auto Mall
• December 1999 (Z99-402-A)
– Approval of Avondale Auto Mall
Planned Area Development (PAD)
• Agriculture to PAD
• 150 acres between 99th and 107th
Ave – South of I-10
• Retail power center on western 50
acres
• Identified 8 full-service automobile
dealerships and other related uses
on eastern 100 acres
– C-2 Uses, plus a modified list of land
uses permitted with a Conditional
Use Permit
• Ord. 723-99
History – Avondale Auto Mall
December 1999 – Approved Development Plan
History – Avondale Auto Mall
• April 2003
– PAD Amendment (A03-402-AM1)
• Eliminated the original 50 acres of retail power
center (west)
• Would allow for automobile dealerships and related
uses (similar to the west 100 acres) – in addition to
originally approved C-2 uses
• Ord. 927-03
December 2002 aerial (3 existing, 3 under construction)
History – Avondale Auto Mall
Area of PAD Amendment
April 2003– Approved Development Plan
History – Avondale Auto Mall
• Economic Development Agreements
– Contractual Agreements between City and Developer
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•
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Established retail sales tax incentives
Further specified project details
1999, with a corrective agreement in 2000
First Amendment – 2002
Second Amendment - 2003
– In addition to the primary development agreement
• City and Dealerships (individual agreements)
History – Avondale Auto Mall
Present Day
• 13 New Car/Vehicle Dealerships
• One Vacant Dealership Site
• One Pad not yet built out
1.
2.
3.
4.
5.
6.
7.
Chevrolet
Toyota
Chrysler Jeep
Dodge Ram
Honda
Volkswagen
Camping World
8.
9.
10.
11.
12.
13.
Nissan
Hyundai
Mitsubishi
Fiat
Mazda
Kia
Pre-Application Meeting
• Held August 5, 2014
– PL-14-0134, Auto Match USA
– 10501 W Papago Freeway
– Request to locate a pre-owned vehicle sales
facility in the Auto Mall
– Staff position (per approved PAD use listing)
• Used car sales are allowed subject to new cars sales as
the primary use.
– Applicant did not move forward with the
requested use.
Zoning Administrator
• Powers and Duties
• Zoning Interpretation
Zoning Administrator Powers and Duties
• Per Zoning Ordinance Section 106
– Interpret the Zoning Ordinance, including but not limited
to, clarification of intention, determination and
clarification of unspecified land uses, determination of
zoning district boundaries and similar matters.
– Accomplish administrative actions, including preparation
of reports, processing appeals, providing assistance to
variance applicants and similar matters.
– Serve as secretary to the Board of Adjustment and
Planning Commission
– Undertake similar duties as may arise from time to time in
the enforcement and interpretations of the Zoning
Ordinance.
Zoning Interpretation
• Zoning Interpretation
– Filed September 1, 2015
– In response to the Sept. 2014 Pre-application
meeting
– Zoning Administrator issued a formal response on
October 15, 2015
Zoning Interpretation
• Analysis
– Intent was not to allow stand-alone used car
dealership as a permitted use within the Auto Mall
• Based on an evaluation –
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Original 1999 PAD
Subsequent amendment to the PAD (2003)
Economic Development Agreements
Supporting Staff Reports
• Made clear from the beginning and consistently followed
through a series of related agreements and supporting
documents
Zoning Interpretation
• Analysis
– Page 3 of Staff Report
• 1999 PAD
– “Accommodate the development of several full service automobile
dealerships”
– Proposed uses in the Conditional Use Permit list refers to “Outdoor
Automobile Sales; New and Used”
» Two types of sales must be from dealership offering both
» If that was not the intention, could have use the term “or”
– Eight full service automobile dealerships were intended with phase one.
Auto mall was clearly planned as a new car sales area.
– The rear yard provision specifically refers to the “service section” of the
dealership. On-site manufacturer service facilities are hallmarks of new
car dealerships.
– Signage: Indicates sign allowances to “corresponding manufacturer’s
logo” which is a clear reference to new car dealerships.
Zoning Interpretation
• Analysis
– Page 3 of Staff Report
• 2003 PAD Amendment
– Intent of the amendment was “to obtain the proper zoning to allow for
additional new vehicle dealers.”
• Development Agreements
– Stated intent to “construct an auto mall complex consisting of new car
dealerships.”
– Significant benefits to the City
– Developers obligation to use best efforts to attract additional dealerships and
new car dealers are used as examples
– First and Second Amendments
» Recitals are clearly stating new car automobile dealerships
» Report to City Council (2nd Amendment) - will allow for the expansion of
sites suited for new car dealerships.
• Coupled with the requirement to amend the PAD to allow for
additional new car dealerships
Zoning Interpretation
• Analysis
– PAD allows use listings to be modified or tailored
– Use an existing category to base PAD uses
– Applicant used C-2 zoning as their base
• Permitted Uses included:
– Auto, recreational vehicle, motorcycle, travel trailer and boat
sales and rentals
– Added Outdoor Automobile Sales: New and Used
subject to a Conditional Use Permit.
• Already an allowed C-2 use (without a CUP)
• Added to the list to provide greater oversight and control by
City Council for automotive uses in the Auto Mall
Zoning Interpretation
• Analysis
– Comprehension of the intent
• Presume the Council meant to use those precise words
for a reason
• To give words their common meaning
– PAD allows for Outdoor Auto Sales - New and
Used
• Both would need to be present
• The term “and” operates as a conjunction
– Two of more items happen at the same time or in the same
place
Appeal Process
Appeals of Decisions of the
Zoning Administrator
• Per Zoning Ordinance Section 112
– Notice of appeal of interpretation filed
– Board’s scope of review
• Limited in determining whether the decision or
interpretation by the ZA was in accordance with the
intent and requirements of the Zoning Ordinance.
• The Board shall affirm or reverse the decision of the
Zoning Administrator.
Appeals of Decisions of the
Zoning Administrator – Noticing
• All Notification requirements have been met
– Mailing to all property owner’s within 500’
– Newspaper Ad
– Public Notice Signs
• One phone call and letter (same individual)
– In support of the Used Car Sales
Appeals of Board Decisions
• Decisions rendered by the Board
– May be appealed per Arizona Revised Statutes §9462.06 (G)(1)
– Appeal to be filed within 30 days of Board decision
Findings
1. Intent was not to allow stand-alone used car
dealership to be permitted within the Auto Mall
2. Made clear from the beginning and consistently
followed through a series of related agreements
and supporting documents
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–
–
–
Original 1999 PAD
Subsequent amendment to the PAD (2003)
Economic Development Agreements
Comprehension of the intent
Staff Recommendation
Staff recommends the Board of
Adjustment AFFIRM the Zoning
Administrator’s determination