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  Public Hearing     2. A.    
Regular BOS Meeting
Meeting Date: 01/07/2020  
Submitted For: Scott Buzan Submitted By: Shealene Loya, Administrative Assistant
Department: Community Development Division: Planning and Zoning

Information
Request/Subject
Public hearing to adopt Ordinance No. 2020-01 which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County for parcel number 301-07-191B known as 9047 Fossil Creek RD, Strawberry, AZ, and owned by John and Rebecca Blakesley.
Background Information
Planning and Zoning Department Case No. Z-19-05 is an application filed by John Blakesley to change the zoning for parcel number 301-07-191B from Commercial Two District (C2) to Residential One with a Density 12 District (R1-D12) to allow the property owners to place a manufactured home on the property. According to the Gila County Assessor's map, the existing parcel is 0.49 acre in size.

The Planning & Zoning Commission met on December 19, 2019 and recommends the Board of Supervisors' approval of Case No. Z-19-05.  

Arizona Revised Statute (A.R.S.) § 11-251.05-Ordinances (C) states, "Prior to adoption, amendment or repeal of an ordinance under this section, the board of supervisors shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After adopted or amended, the ordinance shall be published at least once in a newspaper of general circulation in the county seat."

Case No. Z-19-05 was posted in the Arizona Silver Belt newspaper on December 4, 2019, for the Planning & Zoning Commission's public hearing and the Board of Supervisors' public hearing.  The property was also posted on December 4, 2019, for the Planning and Zoning hearing and the Board of Supervisors' hearing.  In addition, a public participation meeting (citizen review process) was held on November 21, 2019 with four people attending.
Evaluation
The subject property is currently zoned Commercial Two District (C2), which is also the zoning designation for the parcels to the immediate east and west which front on to West Fossil Creek Road on the south side.  Specifically, this group of C2 parcels starts on the west side of Spruce Drive and run approximately 557’ to the west. All of these parcels contain residential, not commercial uses.  The parcels on the north side of West Fossil Creek Road are zoned Transitional Residential (TR). The parcels to the south, in the Strawberry Ranch Two subdivision, are zoned Residential One District with a Density District 12 (R1-D12).   
 
The Gila County Comprehensive Master Plan land use designation for the subject property and the adjoining parcels zoned C2 is Neighborhood/Community Commercial.  Land on the north and south side of West Fossil Creek Drive, with the exception of the above-referenced Neighborhood/Community Commercial parcels has a Comprehensive Master Plan land use designation of Mixed Use.  The R1-D12 parcels to the south have a land use designation of Residential (3.3 to 5 dwelling units per acre). 

The Gila County Comprehensive Master Plan defines Neighborhood Commercial as areas where limited shopping and basic commercial services for the immediate area are preferred. The Community Commercial land use designation is defined as areas where facilities that provide community and regional scale commercial services are preferred.  Residential uses are not listed as prohibited in the Neighborhood or Community Commercial land use designations.
Conclusion
While the subject property and the adjoining parcels are zoned Commercial Two District (C2) and have commercial land use designations in the Gila County Comprehensive Master Plan, they have only been used for residential uses and a change in the residential use of these parcels for commercial purposes is not anticipated.  Rezoning the subject property from C2 to Residential One District with a Density District 12 (R1-D12) will not negatively impact adjoining parcels or the immediate area as a residential use on the subject property will be compatible with the existing uses in the area.
Recommendation
Staff recommends that the Board of Supervisors conduct the public hearing and after the public hearing consider adopting Ordinance No. 2020-01.
Suggested Motion
Information/Discussion/Action to adopt Ordinance No. 2020-01 which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County by changing the zoning of Assessor's parcel number 301-07-191B (9047 Fossil Creek Rd in Pine, AZ) from Commercial Two District (C2) to Residence One District with a District Density of 12 (R1-D12) to allow the property owners to permit a manufactured home to be placed on the property.  (Scott Buzan)

Attachments
Ordinance No. 2020-01
Staff Report for Case No. Z-19-05
Affidavit of Publication for Case No. Z-19-05
Posting for Case No. Z-19-05
Citizen Review Process for Case No. Z-19-05

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