Agenda

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Public Hearing 2. A.

Regular BOS Meeting

Meeting Date:	09/15/2020
Submitted By:	Shealene Loya, Administrative Assistant
Department:	Community Development	Division:	Planning and Zoning

Information

Request/Subject

Public hearing to adopt Ordinance No. 2020-03 which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County for parcel number 205-07- 020Q and part of 205-07-020R. These properties are vacant land located in Globe, AZ, and owned by Shannon Blackwell and Floyd Nelson Gray Jr.

Background Information

Planning and Zoning Department Case No. REZONG2007-001 is an application filed by Shannon Blackwell to change the zoning for parcel number 205-07- 020Q currently designated as C3 (Commercial Three District), to R1-D8 (Residence One District – Density District 8), and that part of parcel number 205-07-020R, currently designated as C3 to R1-D8 to allow the property owners to place a manufactured home on each parcel.

The Planning & Zoning Commission met on August 20, 2020, and recommends the Board of Supervisors' approval of Case No. REZONG2007-001.

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."

Notice of a public hearing was posted in the Payson Roundup newspaper on August 4, 2020 for the Planning & Zoning Commission's public hearing, and a notice was posted on August 28, 2020 for the Board of Supervisors' public hearing. The property was also posted on August 4, 2020 for the Planning and Zoning hearing and on August 28, 2020, and for the Board of Supervisors' hearing. In addition, a public participation meeting (citizen review process) was held on July 8, 2020 with no people attending.

Evaluation

Assessor's parcel number 205-07-020Q is designated as C3 while Assessor's parcel number 205-07-020R is primarily zoned R1-D8 with a small portion on the southwest corner zoned C3. Gila County designated 400’ on either side of Highway 188 as C3 many years ago in anticipation of commercial development along the highway.

The Highway 188 C3 zoning often did not follow parcel boundaries and in some cases, properties ended up with dual zoning designations. Additionally, not all property owners with a C3 zoning designation in this area want to develop their properties with a commercial use yet are unable to develop their properties with a residential use because, in the C3 zoning district, the only permitted residential uses to include multiple-family dwellings or efficiency apartments located above the first floor of commercial buildings.

The prior owners of the subject property requested a rezoning of the three parcels to the immediate west from C3 to R1-D8 in 2017 (Assessor's parcel numbers 205-07-020M, 020N, and 020P) which the Board of Supervisors approved. The reason for the request was to change the zoning to R1-D8 in order to place mobile homes on each of the parcels.

In analyzing the current zoning designations and existing land uses of the surrounding area, staff found that the predominant zoning designation in the immediate area is R1-D8, and aside from the above-referenced three parcels to the immediate west which are also zoned R1-D8, the balance of the properties within 400’ of Highway 188 are zoned C3. The existing comprehensive land use designation for the area on the east side of Highway 188 is Residential (3.5 to 5 dwelling units per acre). Land on the west side of Highway 188 has a land use designation of Light Industrial and Neighborhood Commercial.

Conclusion

The proposed R1-D8 zoning designation and residential use for the subject property are consistent with the residential land use category in terms of density and scale of development and are consistent with the majority of land uses on the parcels in the area with an R1-D8 zoning designation. Finally, rezoning the subject property to the R1-8 zoning district will enable the property owner to develop the parcels as residences that will be compatible with the surrounding area.

Recommendation

Staff recommends that the Board of Supervisors conduct the public hearing and after the public hearing considers adopting Ordinance No. 2020-03.

Suggested Motion

Information/Discussion/Action to adopt Ordinance No. 2020-03 which authorizes the modification of the Zoning Map for Unincorporated Areas of Gila County by changing the zoning of Assessor's parcel number 205-07-020Q from Commercial Three District (C3) to Residence One District-Density District 8 (R1-D8) and changing the zoning of that part of Assessor's parcel number 205-07-020R currently designated as C3 to R1-D8. (Scott Buzan)

Attachments
Ordinance No. 2020-03
Public Hearing Notice for Case No. REZONG2007-001 9-15-20
Staff Report for Case No. REZONG2007-001
Citizen Review Process for Case No. REZONG2007-001