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ARF- 2329 Public Hearing     3. B.    
Regular BOS Meeting
Meeting Date: 03/18/2014  
Submitted For: Robert Gould
Submitted By: Beverly Valenzuela, Executive Administrative Assistant, Community Development Division
Department: Community Development Division: Community Development Administration

Information
Request/Subject
Adoption of Ordinance No. 2014-01 regarding Planning and Zoning Case No. Z-13-02 for Michael Dahling.
Background Information
The applicant is requesting rezoning from TR (Transitional Residential) to C2 (Commercial Two District).  The intent and purpose of C2 zoning is to permit most types of commercial activities oriented to a larger segment of population than the average neighborhood.  This District is designed for cluster application along major streets or highways.  Although uses within this District should be operated in such a manner as to be compatible with surrounding residential uses, this District is not intended for mixed residential and commercial uses.  There are currently two structures on the property.  One of the structures is proposed to be a pizza restaurant with beer and wine sales.  Pizzas will be prepared in a brick oven.  There is also a proposal to construct five cabins on the southern boundary of the property to be used for transient visitors.
Evaluation
The zoning for much of the surrounding properties is either TR (Transitional Residential) or R1 (Residential).  The TR zoning district allows a limited degree of neighborhood type commercial development.  The primary purpose is to ensure than any use is compatible with adjacent residential uses.  This property is located along State Highway 87 and is dedicated as a Multi-functional Corridor in our Comprehensive Plan.  This designation is compatible with the requested C2 zoning so no amendment to our Comprehensive Plan will be required.  The property to the west does have residential development; the north has commercial development and vacant land; the east is vacant land; and the south has a mini storage facility with R3 zoning.
Conclusion
The State highway through the Town of Pine provides more than neighborhood commercial services.  To an extent it actually provides a regional level of services to the outlying communities and Strawberry, but the development pattern that you see today is similar to intermediate commercial and not major commercial activities.  C2 zoning is an intermediate commercial zoning district and very appropriate for highway development through Pine.  This parcel has excellent ingress and egress from both the Old County Road and the State Highway.
Recommendation
The Gila County Planning and Zoning Commission held a public hearing on February 20, 2014, and unanimously recommends the Board of Supervisors' approval of this rezoning application.  It is recommended that the Board of Supervisors adopt Ordinance No. 2014-01 rezoning Gila County Assessor's tax parcel number 301-19-019B from TR zoning to C2 zoning to allow the development of a restaurant with the sale of beer and wine and the development of five cabins for visitor use with the following conditions:  1.  That if the proposed uses are not installed within 18 months the Board of Supervisors, at their discretion, may take action to revert the zoning back to TR, and 2. That the applicant will address all County requirements for development approval to include the County Health Division, Wastewater Department, Building Department, Public Work Division, etc., and 3. That all lighting shall be appropriately screened to avoid potential intrusions onto residential development.  4. That the applicant shall provide an opaque fence and landscaping to buffer this commercial use from adjoining residential uses on the Old County Road.
Suggested Motion
Information/Discussion/Action to adopt Ordinance No. 2014-01, which approves an application submitted by Michael Dahling (Planning and Zoning Department Case No. Z-13-02) to modify the zoning map contained in the Gila County Planning and Zoning Ordinance by allowing Assessor's tax parcel number 301-19-019B to be rezoned from TR (Transitional Residential) to C2 (Commercial Two) to allow the development of a restaurant with the sale of beer and wine and the development of five cabins for visitor use.
(Robert Gould)

Attachments
Staff Report
Ordinance No. 2014-01
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