Agenda

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Public Hearing 3. B.

Regular BOS Meeting

Meeting Date:	07/10/2018
Submitted For:	Scott Buzan	Submitted By:	Therese Berumen, Administrative Assistant
Department:	Community Development	Division:	Community Development Administration

Information

Request/Subject

Public hearing to adopt Ordinance No. 2018-02 modifying the Zoning Map for Unincorporated Areas of Gila County for parcel number 301-24-001, located in Pine, which is owned by Gene Pendergraft.

Background Information

Planning and Zoning Department Case Nos. Z-18-01 and CPA-18-01 is an application filed by Gene Pendergraft to change the zoning for parcel number 301-24-001 (northern 65' of property only) from Residence One District Limited (R1L) to Transitional Residential (TR) and change the land use designation to Neighborhood Commercial to allow parcel number 301-24-001 to allow the applicant to sell wood-engraved gifts and souvenirs that he will create in a small 600 to 800 square foot building designed as a small cabin. The balance of his property will remain zoned R1L-D12. The Comprehensive Plan for Gila County designates this property for residential use with a development intensity of 2 to 3 dwelling units per acre. The proposed use would not be consistent with the intent of the Comprehensive Plan; therefore, Mr. Pendergraft has submitted a request for a Minor Comprehensive Plan Amendment to change the land use designation of the property to Neighborhood Commercial.

The Planning & Zoning Commission met on June 21, 2018, and recommends the Board of Supervisors' approval of Case Nos. Z-18-01 and CPA-18-01 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 public hearing on or by June 6, 2018. Case Nos. Z-18-01 and CPA-18-01 were posted in the Arizona Silver Belt newspaper on June 6, 2018, for the Planning & Zoning Commission's public hearing and for the Board of Supervisors' public hearing. The property was also posted on June 6, 2018. In addition, a public participation meeting (citizen review process) was held on May 12, 2018, with five people attending and four other interested parties contacting Mr. Pendergraft via telephone or email; and notices to all property owners within a 300 foot radius were notified on or by April 17, 2018.

Evaluation

It is the opinion of County Planning and Zoning staff that the proposed use will not have a negative effect on adjacent properties or the surrounding area as it is compatible with adjacent land uses and will have minimal traffic and noise impacts. Land to the north is zoned C-2 (Commercial) and has a more intensive retail use than the proposed use. Property to the east is zoned TR (Transitional Residential) and contains a retail use. The property is located at the far edge of the subdivision in which it is located, and is in close proximity to existing commercial and retail uses. Only the northern 65' of frontage will have the TR zoning designation.

Conclusion

There is already non-residential traffic on Hardscrabble Road that comes to the existing commercial and retail directly across the street and to the immediate east. Additionally, the Comprehensive Plan identifies Hardscrabble Road as a road that is suitable for non-residential development. Furthermore, the review by County staff of a development plan request will address any potential site constraints related to traffic, ingress and egress and drainage.

Recommendation

Staff recommends that the Board of Supervisors accept the recommendation from the Planning and Zoning Commission by adopting Ordinance No. 2018-02, which approves Planning and Zoning Case Nos. Z-18-01 and CPA-18-01 with the following conditions:

1. The applicant shall submit a development plan, along with a landscaping plan, as required by the County Zoning Ordinance.
2. A permit will need to be obtained for the cabin.
3. All lighting will need to be shielded in accordance with zoning regulations.

Suggested Motion

Convene a public hearing to hear citizens who may wish to comment on proposed Ordinance No. 2018-02 modifying the Zoning Map for Unincorporated Areas of Gila County to change the zoning for Assessor's parcel number 301-24-001 (northern 65' of the property only) that is located in Pine from Residence One District Limited to Transitional Residential and change the land use designation to Neighborhood Commercial so that the property owner may make and sell wood-engraved gifts and souvenirs in a small 600-800 square foot building designed as a small cabin; and adopt Ordinance No. 2018-02. (Michelle Dahlke)

Attachments
Ordinance No. 2018-02
Staff Report
Affidavit of Publication
Citizen Review Process
Posting for Case No. Z-18-01
Letters of Approval
Letters of Opposition