Agenda

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Public Hearing 3. C.

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. 2018-03 modifying the Zoning Map for the Unincorporated Areas of Gila County for parcel number 304-30-001H, located in outside of Rye, which is owned by Kenneth and Mary Heflin.

Background Information

Planning and Zoning Department Case No. Z-18-03 is an application filed by Kenneth and Mary Heflin to change the zoning for parcel number 304-30-001 from General Residential (GR) to Rural Residential (RR) to allow the property to be split into two, one-acre lots. According to Gila County Assessor's map, the existing parcel is two acres in size.

The Planning & Zoning Commission met on June 21, 2018, and recommends the Board of Supervisors' approval of Case No. Z-18-03 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 public hearing on or by June 6, 2018. Case No. Z-18-03 was posted in the Arizona Silver Belt newspaper on June 6, 2018, for the Planning & Zoning Commission's public hearing and 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 June 2, 2018, with only three attending; and notices to all property owners within a 300 foot radius were notified on or by May 21, 2018.

Evaluation

A Record of Survey/Minor Land Division was recorded with the Gila County Recorder's Office on July 27, 1995, via recording number 95-668770 which indicates the property contains 1.9997 acres. If this acreage amount is correct, splitting the property into two acres would result in one, one-acre lot and one lot measuring .99997 acres. While the smaller lot would not meet the minimum area requirement of one acre in the RR zoning district, the deficiency of 0.0003 acres is considered to be very minor and in substantial conformation with the minimum one-acre area requirement.

Conclusion

Rezoning the subject property to RR will not have a detrimental impact on adjacent properties and the two lots that will be created would be in conformance with RR zoning district development standards.

Recommendation

Staff recommends that the Board of Supervisors accept the recommendation from the Planning and Zoning Commission by adopting Ordinance No. 2018-03, which approves Planning and Zoning Case No. Z-18-03 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. 2018-03 modifying the Zoning Map for Unincorporated Areas of Gila County to change the zoning for Assessor's parcel number 304-30-001H that is located outside of Rye from General Residential to Rural Residential so that the applicants can split their property into two separate one-acre lots; and adopt Ordinance No. 2018-03. (Michelle Dahlke)

Attachments
Ordinance No. 2018-03
Staff Report
Affidavit of Publication
Citizen Review Process
Posting