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Board of Adjustment

STAFF REPORT

AGENDA

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TO: Casa Grande Board of Adjustment FROM: James Gagliardi, AICP City Planner MEETING DATE: June 9, 2020

REQUEST

Consideration of an application by Melanie Velcko for the following land use request:

DSA-20-00077: Temporary Use Permit for an outdoor area associated with 404 E Florence Blvd to be used for a two-unit mobile shower and the distribution of water, shower kits and snack bags up to three times weekly for a two-year period.

APPLICANT/OWNER

Melanie Velcko 1532 E 10th St. Casa Grande, AZ 85122 520-431-8726 revitalize1026@aol.com

City of Casa Grande 510 E Florence Blvd. Casa Grande, AZ 85122 520-421-8630

HISTORY

May 16, 1938 “The High School Addition” annexation (DSA-10-00327) was approved

by City Council via Ordinance No. 112 for approximately 16 acres of land.

1963 Auditorium building for Union High School constructed.

PROJECT DESCRIPTION

Site Area Portion of 5.88 acres

Current Land Use Unused parking area for former high school auditorium.

Existing Zoning B-3

General Plan Land Use Community Center

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SITE AERIAL

OVERVIEW

The Applicant, Melanie Velcko and her husband, run a nonprofit that supports the homeless population in the Casa Grande area known as “The Rest Stop”. She is also on the Mayor’s task force for the homeless. Recently she received two grants, one for a permanent building and another for a mobile shower trailer. Ultimately, once a building is found, the program can be expanded and provide more services to the City’s homeless population. Upon finding an appropriate building, it’s likely a Conditional Use Permit to be considered by Planning Commission will be necessary to operate this type of facility. In the meantime, the Applicant has obtained the mobile shower trailer and has asked the City for permission to use one of its sites to park the trailer up to three times a week. This trailer will provide showers for the homeless, and it will be an opportunity for shower kits and snack bags to be distributed. The Applicant has indicated how this trailer will be cleaned between uses. There is also access to the sewer clean-out on the side of the former auditorium building that the City will allow the unit to use in order to drain the greywater. Additionally, there is a nearby exterior faucet that can be used to fill the water tank; otherwise, the Applicant is prepared to fill this off site. More of the specifics of the request can be found in the narrative, Exhibit A. The proposed layout and placement for this mobile shower unit can be found at Exhibit B. This unit is 16 ft. X 6.5 ft. and includes two shower units, one being wheelchair accessible. It can be moved on and off site between uses. A Temporary Use Permit for this type request can be considered in accordance with Section 68.210(I) of the Casa Grande City Code. 17.68.210 In general.

Uses permitted subject to special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be

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City Hall

Peart Park

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detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include:

A. Christmas tree sales;

B. Carnivals, circuses, special events of not over seventy-two consecutive hours;

C. Garage sales (limited to sixty consecutive hours);

D. Parking and storage of earth moving or construction equipment;

E. Storage of materials incidental to the carrying on of a public works project, subdivision or construction project;

F. Tent revival meetings;

G. Tract home or lot sales office;

H. Construction - garage or shed for subdivision construction;

I. Such other uses as the board may, by resolution, deem to be within the intent and purpose of this section.

Since this requested temporary use is not specifically listed, the Board of Adjustment can consider a special Temporary Use Permit for the Rest Stop. If approved as requested, this will allow the site associated with the former Union High School auditorium to be used up to three times a week for a mobile shower with associated showers. The time frame for this would be limited to two years. PUBLIC NOTIFICATION/COMMENTS Public hearing notification efforts for this request included:

• Notification was mailed out by staff on Wednesday, May 13, 2020 to all owners of property within 300 ft. of the subject parcel, more than fifteen days prior to the scheduled hearing. An affidavit attesting to this mailing is in the file.

• A sign was posted by the Applicant on the subject site on May 25, 2020. An affidavit confirming this posting was supplied by the applicant, fifteen days prior to the scheduled hearing.

• Publication in the Casa Grande Dispatch occurred on May 23, 2020. At the time of this writing, four inquiries were received. Cassie Boylan who owns a residential property across the street and her daughter Teresa Whiteman at 317 E 8th St. at the corner of 8th and Picacho St., are not in favor of the location, and have both provided correspondence (Exhibit C). The concerns include that after the service is provided each time, its users may stay around in this area that they wouldn’t otherwise normally be located, and that it’s not appropriate for a residential area. Also, there is inadequate vetting to ensure the recipients of this service are not violent. There is a suggestion that perhaps the site would work if the unit is placed on the east side of the building. Casa Grande resident Marge Jantz requested she be provided the notification materials that were sent to adjacent property owners, and she wanted to view the site plan. No further comment was provided once that information was provided to her. Donna Kerr phoned indicating she received the public notice, as a nearby business owner; and she expressed that she does not support the location for the project. She suggested an alternative location such as the south side of Peart Park, where there are existing restroom facilities and it is within an area generally more removed from residential areas. Peart Park is also more shaded where homeless residents customarily frequent. In contrast, the proposed location will prompt more people to cross Florence Blvd., which is a concern since there is not a crosswalk directly abutting this location.

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The Community Services Director Steve Hardesty, as well as the Planning Director and Assistant City Manager contemplated appropriate locations for this request. Peart Park was not recommended because of potential conflicts with other planned activities within the park throughout the year, and it being near Dorothy Powell Senior Center. The subject site has little use by anyone and convenient access to sewer and water connection, while still located in close proximity to similar services such as the Food Bank and Resource Center.

The criteria for the Board of Adjustment to approve a Temporary Use Permit is determined by whether the use will be determinantal to the surrounding property. Though there are reasonable concerns expressed above and provided in the attached correspondence (Exhibit C), there is to be limited duration of this use. This is because the Applicant is seeking a permanent building with an obtained grant, where this unit will ultimately be relocated. Because of this, City staff recommends support for this request. Should it be observed that the use would be more appropriate elsewhere on the site or if the frequency is of concern, the proposed associated Resolution (Exhibit D), allows for administrative changes be made to the site plan and to the frequency, to address issues that may arise. STAFF RECOMMENDATION Staff recommends that the Board of Adjustment approve the Temporary Use Permit and its associated Resolution (Exhibit D) to allow the Temporary Use Permit for the Rest Stop with the following specific conditions:

1. This permit will be deemed expired after two years from the date of Board of Adjustment approval.

2. This permit will not allow activity of more than three times weekly. 3. City staff will be allowed administrative changes to the site plan pertaining to the

location and frequency of the use on the subject site if found said changes would address issues that may arise.

Exhibits

A- Applicant’s narrative B- Site Plan

C- Correspondence D- Resolution

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Exhibit A- Applicant’s narrative

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Exhibit B- Site Plan

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Exhibit C – Correspondence

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Exhibit D- RESOLUTION NO. DSA-20-00077

A RESOLUTION OF THE BOARD OF ADJUSTMENT FOR THE CITY OF CASA

GRANDE, ARIZONA, FOR THE TEMPORARY USE OF A MOBILE SHOWER

UNIT for “THE REST STOP” AND ASSOCIATED ACTIVITY PURSUANT TO

SECTION 17.68.210(I) OF THE CITY CODE LOCATED AT 404 E FLORENCE

BLVD., CASA GRANDE, AZIONA, APN 50707348C.

BE IT RESOLVED by the Board of Adjustment for the City of Casa Grande, Arizona, as

follows:

WHEREAS, Section 17.68.210 of the Zoning Code for the City of Casa Grande

establishes certain temporary uses that, provided they are not operated in a manner

detrimental to surrounding property, may be allowed to operate in the community

pursuant to a Temporary Use Permit; and

WHEREAS, in addition to those uses specifically set forth in the Code as

temporary uses, Section17.68.210(I) of the Zoning Code provides that the Board of

Adjustment may, by resolution, allow other temporary uses the Board deems to be within

the intent and purpose of Section 17.68.210; and

WHEREAS, the applicant Melanie Velcko is requesting a Temporary Use Permit

for area associated with 404 E Florence Blvd known as “The Rest Stop”; and

WHEREAS, this temporary use involves a mobile shower unit and associated

activity such as the distribution of snacks and shower kits up to three times weekly; and

WHEREAS, this temporary use and associated activity will be deemed expired

two years from the date of Board of Adjustment approval; and

WHEREAS, this temporary use shall not operate in a manner determinantal to

surrounding property; and

WHEREAS, the approval appears to fall within the intent and purpose of Section

17.68.210;

NOW, THEREFORE, IT IS RESOLVED by the Board of Adjustment for the City of

Casa Grande that, pursuant to Section 17.68.210(I) of the Casa Grande City Code, the

“Rest Stop” mobile showers and associated activity temporary use is hereby declared to

be an appropriate temporary use subject to all other provisions of Chapter 17.68, Article

IV, of the Casa Grande City Code and the following conditions:

1) This permit will be deemed expired after two years from the date of Board of

Adjustment approval.

2) This permit will not allow temporary use activity of more than three times weekly.

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3) City staff will be allowed administrative changes to the site plan pertaining to the

location and frequency of the use on the subject site if found said changes would

address issues that may arise.

PASSED AND ADOPTED by the Board of Adjustment of the City of Casa Grande,

Arizona, this 9th day of June, 2020.

Chairman of the Board of Adjustment

ATTEST: APPROVED AS TO FORM:

_________________________________ ____________________________

City Clerk City Attorney

APPLICANT AND OWNER’S CONSENT TO THE CONDITONS

The applicant and owner hereby consent to the conditions as enumerated above as they

relate to this Temporary Use Permit request upon the property known by APN 401-11-

009D.

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Applicant Melanie Velcko for “The Rest Stop”

Larry Rains, City Manager, for the City of Casa Grande