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  Public Hearing     2. A.    
Regular BOS Meeting
Meeting Date: 11/13/2018  
Submitted For: Michelle Dahlke
Submitted By: Therese Berumen, Administrative Assistant
Department: Community Development Division: Community Development Administration

Information
Request/Subject
Public hearing to adopt Ordinance No. 2018-04 which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County for parcel number 304-30-001J located at 222 W. H Bar Ranch Road in Payson, AZ, and owned by Mark and Johnna Kile.
Background Information
Planning and Zoning Department Case No. Z-18-05 is an application filed by Mark Kile to change the zoning for parcel number 304-30-001J from General Residential (GR) to Rural Residential (RR) to allow the property to be split into two lots.  According to the Gila County Assessor's map, the existing parcel is three acres in size.
 
The Planning & Zoning Commission met on October 18, 2018, and recommends the Board of Supervisors' approval of Case No. Z-18-05 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."

All property owners within a 300 foot radius were notified of the Planning and Zoning public hearing on or by September 11, 2018 and were notified of the Board of Supervisors' public hearing on or by October 19, 2018.  Case No. Z-18-05 was posted in the Payson Roundup newspaper on October 2, 2018, for the Planning & Zoning Commission's public hearing and posted in the Payson Roundup newspaper on October 30, 2018, for the Board of Supervisors' public hearing.  The property was also posted on October 1, 2018, for the Planning and Zoning hearing and October 26, 2018, for the Board of Supervisors' hearing.  In addition, a public participation meeting (citizen review process) was held on October 6, 2018, with only three people attending; and notices to all property owners within a 300 foot radius were notified on or by September 10, 2018.
Evaluation
Mark Kile is proposing to rezone the subject property from GR to RR to allow it to be split into two separate lots.  According to the Gila County Assessor's maps, the existing parcel is 3 acres in size.  While it is not yet known exactly how the parcel will be split, Mr. Kile indicates that it is likely that one parcel will be slightly larger than the other, but each lot will contain at least one acre in accordance with RR minimum lot area requirements.
Conclusion
Rezoning the subject property to RR will not have a detrimental impact on adjacent properties for several reasons.  First, the two lots that will be created will be in conformance with RR zoning district development standards.  Additionally, splitting the parcel into two, minimum one-acre lots will be in conformance with the Comprehensive Plan.  Finally, Gila County recently approved a similar rezoning on the property to the immediate east based on conformance with RR development requirements and the Comprehensive Plan density for the area.
Recommendation
Staff recommends that the Board of Supervisors accept the recommendation from the Planning and Zoning Commission by adopting Ordinance No. 2018-04, which approves Planning and Zoning Case No. Z-18-05 with the condition that the applicant obtain approval of a Minor Land Division with the County Community Development Department upon approval of the rezoning request.
Suggested Motion
Convene a public hearing to hear citizens who may wish to comment on proposed Ordinance No. 2018-04 which modifies the Zoning Map for Unincorporated Areas of Gila County by changing the zoning of Assessor's parcel number 304-30-001J located at 222 W. H Bar Ranch Road in Payson, AZ from General Residential to Rural Residential, so that the parcel may be split; and adopt Ordinance No. 2018-04.  (Michelle Dahlke)

Attachments
Ordinance 2018-04
Staff Report
Legal Notice
Citizen Review Process
Posting

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