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Public Hearing 3. B.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Public hearing to adopt Ordinance No. 2019-06 which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County and authorizes a minor amendment to the Gila County Comprehensive Master Plan for parcel number 304-32-012A known as 16424 N. Hwy 87 in Rye, AZ, and owned by Jack Stewart. |
| Background Information |
Planning and Zoning Department Case No. Z-19-04 is an application filed by Larry Sheehan to change the zoning for parcel number 304-32-012A from Rural Residential District (RR) to Industrial Three District: Unrestricted Industrial (M3) to allow the property owners to develop a commercial manufacturing business. Planning and Zoning Department Case No. CPA-19-01 is an application also filed by Larry Sheehan to make a minor amendment to the Gila County Comprehensive Master Plan land use designation from Multi- Functional Corridor to Light Industrial. According to the Gila County Assessor's map, the existing parcel is 5.45 acres in size.
The Planning & Zoning Commission met on September 19, 2019 and recommends the Board of Supervisors' approval of Case No. Z-19-04 and Case No. CPA-19-01 with the condition stated in the recommendation.
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-19-04 and Case No. CPA-19-01 was posted in the Arizona Silver Belt newspaper on September 4, 2019, for the Planning & Zoning Commission's public hearing and the Board of Supervisor's public hearing. The property was also posted on September 4, 2019, for the Planning and Zoning hearing and the Board of Supervisor's hearing. In addition, a public participation meeting (citizen review process) was held on August 24, 2019 with two people attending. |
| Evaluation |
In analyzing this request, staff reviewed the current zoning designations and existing land uses of the surrounding area, the Zoning Ordinance and Comprehensive Master Plan and found that land to the north, east and south of the Subject Property are predominantly zoned C-3 and all have a Comprehensive Master Plan land use designation of Multi-Functional Corridor. Land to the west is forest land. There are a few small parcels in the area with a Rural Residential zoning designation to accommodate existing residential uses. The parcel to the immediate south of the subject property has a duel zoning designation of C-3 and General Rural.
Uses in the area are primarily storage related, including the storage of recreational vehicles, towed and impounded vehicles, tractor trailers and general storage lots. There are also several other businesses selling items such as pre-made sheds, manufactured homes, propane and ATVs. There is a convenience market, a small recycling business, a trap and skeet range, a radio controlled airplane field, an RV park and 5 or 6 single family residences.
The Multi-Functional Corridor is defined in the Comprehensive Master Plan as "areas of the county that are located adjacent to a primary transportation route and where mixtures of land uses are desirable based upon the specific locational characteristics of the land." The Comprehensive Master Plan does not specifically list desirable land uses under the Multi-Functional Corridor description. Land uses are described as those that "respond to the unique opportunities, scale and functions that exist in the different areas of the county." It is clear from a look along Arizona Highway 87 in Rye that the predominant uses there reflect a mixture of commercial activity with zoning designations consistent with the Multi-Functional Corridor.
The applicant’s proposed manufacturing use is not permitted in any of the County’s commercial zoning districts and is clearly not permitted in the current zoning classification of Rural Residential, thus the need to rezone the subject property. While the Multi-Functional Corridor land use designation is fairly ambiguous, the Comprehensive Master Plan is clear in that low-intensity employment, manufacturing and fabrication activities belong in the Light Industrial land use category. As such, the applicant is requesting a Minor Amendment to the Comprehensive Master Plan to change the land use designation of the subject property from Multi-Functional to Light Industrial. |
| Conclusion |
Staff does not believe that the proposed manufacturing use will have a negative impact on adjoining properties or the Rye community as a whole. The use, while industrial in nature, is a light industrial use that would be compatible with the commercial uses in the area. All of the manufacturing activity and related storage will be located indoors within a new, attractive building that will eventually employ up to 40 employees.
It is important to note that the applicant will be required to obtain Development Plan approval prior to the issuance of any building permit. The Development Plan process entails a detailed review of the site plan, buildings, parking, waste water, signage, screening, ingress and egress and drainage to ensure the subject property is in compliance with all applicable County zoning and building regulations.
Staff also believes that the proposed interim use of the subject property for RV, boat and automobile storage will not negatively impact other properties in the area as that use would be consistent with other storage uses in the vicinity. The storage business would also require Development Plan approval and any applicable permits prior to opening. It is possible for the storage use and manufacturing use to be reviewed concurrently during the Development Plan process. |
| Recommendation |
| Staff recommends approval of Case No. Z-19-04 to change the zoning designation from Rural Residential to Industrial Three District – Unrestricted Industrial and approval of Case No. CPA-19-01 to make a Minor Amendment to the Gila County Comprehensive Master Plan land use designation from Multi-Functional Corridor to Light Industrial subject to the following condition:
1) A Development Plan and all applicable permits must be approved prior to the commencement of any business activity on the subject property. |
| Suggested Motion |
| Convene a public hearing to hear citizens who may wish to comment on proposed Ordinance No. 2019-06 which modifies the Zoning Map for Unincorporated Areas of Gila County by changing the zoning from Rural Residential District (RR) to Industrial Three District: Unrestricted Industrial (M3), and the Comprehensive Master Plan designation of Multi-Functional Corridor to Light Industrial for Assessor's parcel number 304-32-012A to allow the property owners to develop a commercial manufacturing business; and consider a motion to adopt Ordinance No. 2019-06. (Scott Buzan) |
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