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  Public Hearing     3. A.    
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. 2018-01 modifying the Zoning Map for the Unincorporated Areas of Gila County for parcel number 301-19-019Y, located in Pine, which is owned by Ray and Julie Pugel.
Background Information
Planning and Zoning Department Case No. Z-18-04 is an application submitted by Ray Pugel to rezone his property, known as parcel number 301-19-019Y, from Residence Three District (R3) with Planned Area Development (PAD) to Transitional Residential (TR) with a Trailer District in order to develop a 41-space park model park.

The Planning & Zoning Commission met on June 21, 2018, and recommends the Board of Supervisors' approval of Case No. Z-18-04 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.  The hearing notice was 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 June 4, 2018, with 34 people attending; and notices to all property owners within a 300 foot radius were notified on or by May 18, 2018. 
Evaluation
The current zoning designation on the property would permit a density of up to 10 units per acre and a minimum lot area of 1,000 SF per unit.  As proposed, the subject park model development would have a density of 9.63 units per acre and 4,526 SF per lot area which would exceed R3 zoning district requirements and would be a less intensive land use than condominiums or apartments, for example.  The TR designation would permit the proposed park model community subject to approval of a development plan which would entail a detailed review of parking, landscaping, off-site circulation patterns, right of way dedication and improvements, driveway requirements, building setbacks, and any other information deemed necessary by the County Zoning Inspector.  Additionally, the T designation would require approval of a site plan and the project would be referred to the County Engineering and Health Departments to determine compliance with all applicable County and State regulations.  As with the development plan review process, the County Zoning Inspector has the authority to request additional information and impose additional requirements necessary to safeguard the public welfare, safety and health. 
Conclusion
It is the position of County Planning staff that the proposed development could be a good asset to the community if it is determined that it will not negatively impact adjacent properties and the surrounding community, will not have a negative impact on existing transportation and infrastructure systems and meets all County and State requirements.
Recommendation
Staff recommends that the Board of Supervisors accept the recommendation from the Planning and Zoning Commission by adopting Ordinance No. 2018-01, which approves Planning and Zoning Case No. Z-18-04 with the following conditions:

1.  The applicant shall submit a development plan as required by the County Zoning Ordinance within 180 days of approval of the rezoning case by the County Board of Supervisors.
2.  All necessary building permits are obtained in a reasonable timeframe.
3.  All lighting will need to be shielded in accordance with County zoning regulations.
4.  A landscaping and grading & drainage plan should be submitted with the development plan.
5.  A letter from the applicable water authority indicating there is an adequate water supply to serve the proposed community without causing an undue burden on the community.
Suggested Motion
Convene a public hearing to hear citizens who may wish to comment on proposed Ordinance No. 2018-01 modifying the Zoning Map for Unincorporated Areas of Gila County to change the zoning for Assessor's parcel number 301-19-019Y that is located in Pine from Residence Three District (R3) with Planned Area Development to Transitional Residential with a Trailer District in order to develop a 41-space park model park; and adopt Ordinance No. 2018-01. (Michelle Dahlke)

Attachments
Ordinance No. 2018-01
Staff Report
Affidavit of Publication
Citizen Review Process
Posting
Letters of Opposition

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