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  Public Hearing     3. A.    
Regular BOS Meeting
Meeting Date: 02/05/2019  
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 Nos. 2019-01 and No. 2019-02, which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County for parcel numbers 301-14-009A and 301-14-008J located at 4102 and 4078 N. AZ Hwy 87 in Pine, AZ, and owned by Thomas and Kathryn Weeks.
Background Information
Planning and Zoning Department Case Nos. Z-18-06 and Z-18-07 are applications filed by Thomas Weeks to change the zoning for parcel number 301-14-009A from Transitional Residential (TR) to Commercial Two District (C2) to allow the applicant to have consistent zoning designation for both parcels and 301-14-008J from Residence One-Density District 12 (R1-D12) to Commercial Two District (C2) to allow the applicant to store vehicles and equipment from their adjoining parcel.
 
The Planning & Zoning Commission met on December 20, 2018, and recommends the Board of Supervisors' approval of Case Nos. Z-18-06 and Z-18-07 with the conditions 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 October 25, 2018, and were notified of the Board of Supervisors' public hearing on or by January 4, 2019.  Case Nos. Z-18-06 and Z-18-07 were posted in the Payson Roundup newspaper on January 18, 2019, and posted in the Arizona Silver Belt newspaper on January 16, 2019.  The property was also posted on January 9, 2019.  In addition, a public participation meeting (citizen review process) was held on October 30, 2018, and notices to all property owners within a 300 foot radius were notified on or by October 10, 2018.
Evaluation
On February 21, 1984, the Gila County Board of Supervisors approved a rezoning from R1-D12 to Conditional Use District (CU) and a Conditional Use Permit for an ice manufacturing plant, the wholesale and retail sales of ice, fishing supplies and bait, woodstoves and accessories, and office rental space (County Case # Z-2-84).  On June 22, 1987, the Gila Board of Supervisors approved a request for a Conditional Use Permit for a gas station and convenience store (County Case No. Z-6-87).  Gila County changed its Zoning Ordinance zoning district designations in 1994 and eliminated the CU zoning district and replaced it with Transitional Residential which affected the zoning designation on Parcel One.  The applicant applied for a liquor license, but was informed that they could not sell liquor with TR zoning on October 1, 1998.  The applicant applied for a rezoning from TR to C-2 zoning for Parcel One on October 5, 1998, to allow the sale of beer and wine.  This request was denied by the Gila County Board of Supervisors at their December 1, 1998 meeting (Case No. Z-7-98).
Conclusion
In reviewing this request, staff analyzed the Gila County Comprehensive Plan and the Pine-Strawberry Community Plan.  In addition, staff has conducted several site visits to both parcels.  Staff finds the rezoning is compatible with the Comprehensive Plan and the Pine-Strawberry Community Plan.
Recommendation
Staff and the Planning and Zoning Commission recommend that the rezoning request be approved subject to the following conditions:
  1. A Development Plan must be approved prior to any vehicles or equipment being moved onto Parcel Two.
  2. Any change of use on Parcel One or Parcel Two, even if listed as a permitted use in the C-2 zoning district, must be approved through a new Development Plan. 
  3. All necessary building permits must be obtained in a reasonable timeframe.
  4. Any lighting installed on Parcel Two shall only be to the level necessary to provide for safety and security. Additionally, any such lighting shall be hooded and directed away from adjacent properties.
  5. A 6’ high opaque fence or wall shall be installed along the western and southern boundary of Parcel Two prior to bringing any vehicles or equipment on to Parcel Two.
  6. The moving of vehicles or equipment to and from Parcel One and Parcel Two shall only be done within the hours of 6:00 a.m. and 11:00 p.m. or in cases of emergency.
  7. No vehicles shall be left to idle or refrigeration units left to run while located on Parcel Two.
Suggested Motion
Convene a public hearing to hear citizens who may wish to comment on proposed Ordinance Nos. 2019-01 and 2019-02 which modify the Zoning Map for Unincorporated Areas of Gila County by changing the zoning of Assessor's parcel number 301-14-009A from Transitional Residential to Commercial Two District to allow the applicant to have consistent zoning designation for both parcels, and parcel number 301-14-008J from Residence One-Density District 12 to Commercial Two District to allow the applicant to store vehicles and equipment from an adjoining parcel located at 4102 and 4078 N. AZ Hwy 87 in Pine, AZ; and adopt Ordinance Nos. 2019-01 and 2019-02. (Scott Buzan/Michelle Dahlke)

Attachments
Ordinance No. 2019-01
Ordinance No. 2019-02
Staff Report for Case No. Z-18-06 and Z-18-07
Legal Notice for Case No. Z-18-06 and Z-18-07
Citizen Review Process for Case No. Z-18-06 and Z-18-07
Posting for Case No. Z-18-06 and Z-18-07
Affidavit of Publication
Letters in Favor for Case No. Z-18-06 and Z-18-07
Letters in Oppostion for Case No. Z-18-06 and Z-18-07
Emails in Oppostion for Case No. Z-18-06 and Z-18-07
Email Comments From Public for Case No. Z-18-06 and Z-18-07
Noise Assessment for Case No. Z-18-06 and Z-18-07
Pine Business Corridor Zoning for Case No. Z-18-06 and Z-18-07

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