Agenda

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ARF- 2516

Public Hearing 2. B.

Regular BOS Meeting

Meeting Date:	05/06/2014
Submitted For:	Robert Gould
Submitted By:	Robert Gould, Community Development Division Director, Community Development Division
Department:	Community Development	Division:	Planning and Zoning

Information

Request/Subject

Adoption of Resolution No.14-05-04 - Planning and Zoning Department Case No. CUP-14-02

Background Information

The subject property is located in an R1-D12 zoning district which allows a cottage industry. Mr. Stephens has been operating a cannery business at this location for several years and now wants to add wine making to his business.

Evaluation

Mr. Stephens will operate his business in the basement of his home. His home is on a 1.69 acre parcel and does not have neighbors very close to him. The Gila County Zoning Ordinance defines a Cottage Industry as follows:

COTTAGE INDUSTRY: A limited manufacturing activity carried on by the occupant of a dwelling as a secondary use in connection with which there is no outdoor display of stock-in-trade or unenclosed storage of raw materials or products; not more than three non-residents of the premises may be employed; may be conducted within the main dwelling or an accessory building, provided that not more than fifty percent of the combined floor area may be devoted to the cottage industry; adequate on-site parking will be provided for all permitted activities, but there shall be no more than five parking spaces; the permitted use will not generate vibration, smoke, dust, glare, heat, excessive noise or electrical interference with the reception of radio and television reception.

We have received a phone call from a neighbor on his rear property line who was in support of Mr. Stephens' request. Mr. Stephens has agreed to abide by all conditions recommended by the Planning and Zoning Commission and the Board of Supervisors.

Conclusion

Staff finds that with all conditions specified during the Planning and Zoning Commission hearing, the proposed use should not be a nuisance to the neighborhood.

On April 30, 2014, it was learned that Mr. Stephens plans on producing 2,500 gallons of wine per year; therefore, he must obtain a Series 13 Domestic Farm Winery License from the Arizona Department of Liquor Licenses and Control prior to the commencement of producing wine at the subject location. In addition to the Planning and Zoning Commission's recommendation for the Board of Supervisors to approve this Conditional Use Permit request with 6 conditions of approval (as listed in the "Recommendation" section of this report), a 7th condition of approval will be added to require that Mr. Stephens provide the County with proof that he has obtained a Series 13 Domestic Farm Winery License prior to operating his winery business.

Recommendation

Staff concurs with the Planning and Zoning Commission's recommendation of approval of this application with the following conditions 1 through 6, plus 1 added condition referenced in number in 7:

That no more than three employees that are nonresidents may be employed at any given time.
That the current floor area being used in the business, in the basement of the home is acceptable with no expansions into other areas of the home.
That prior to initiating the winery business the applicant shall submit approval to operate from the Gila County Health Department.
No business activities or advertising shall be visible from the roadway or adjacent properties.
That the use does not cause any sustained or unpleasant or unusual noises or vibrations or noxious fumes or odors, or cause any parking or traffic congestion in the immediate neighborhood.
No on-street parking.
Prior to opening a winery business, the applicant shall submit a copy of a Series 13 Domestic Farm Winery License issued by the Arizona Department of Liquor Licenses and Control.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 14-05-04, which approves Gila County Planning & Zoning Department Case No. CUP-14-02, an application submitted by Ray Stephens for a Conditional Use Permit on Assessor's tax parcel number 301-19-007R located at 3465 Harps Way, Pine, in order to operate a wine making business in the basement of his home. (Bob Gould)

Attachments
Resolution No. 14-05-04
P&Z Dept. Staff Report for CUP-14-02
Legal Notice