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Public Hearing 3. A.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Adoption of Ordinance No. 2022-08 which authorizes the amendment of the Gila County Zoning Map for Unincorporated Areas of Gila County for APN 301-18-007, currently designated as Commercial Two District (C2) to Residential One District Limited Density Twelve (R1L-D12). The subject property is located at 6599 W. Ute Trail, Pine, Arizona, and is owned by Cynthia Coolidge. |
| Background Information |
Cynthia Coolidge owns the subject property located at 6599 W. Ute Pine which is currently zoned Commercial Two (C2). Under the C2 zoning, this residential home, which was built in 1978, is considered legally non-conforming because the current C2 zone does not allow a single-family dwelling as a permitted or conditional use. Ms. Coolidge has applied to rezone the subject property from C2 to Residential One District Limited Density Twelve (R1L-D12)
On January 20, 2022, Ms. Coolidge's home was destroyed due to a fire. Because the home was built in 1978, it will fall under section 103.3.A.4.b and Section 103.3.B.3.a of the adopted Gila County Zoning Ordinance which states:
Section 103.3.A.4.b
4. A 12-month discontinuance of the operation of a non-conforming use shall be deemed as an expiration of non-conforming status. Any further use shall be in conformity with the provisions of the district in which same is located.
b. If a nonconforming use or structure is damaged or destroyed by fire, earthquake, flood, explosion, natural disaster, or act of public enemy, the nonconformance may be reconstructed and used as before if done within 12 months of the event date.
Section 103.3.B.3.a
3. Reconstruction: a. If a nonconforming use, structure, or building is damaged or destroyed by fire, earthquake, flood, explosion, natural disaster, or act of public enemy, the nonconformance may be reconstructed and used as before if done within 360 days (approximately twelve months) of the event date.
Ms. Coolidge has been unable to begin construction on the residence and will be unable to meet the timeframe allowed per the Gila County Zoning Ordinance. She would like to rezone the property from commercial to residential to align her residential use with the zone.
On October 20, 2022, the Gila County Planning and Zoning Commission voted unanimously to recommend approval of the rezone application REZONP2208-001 with 3 conditions.
- The owner of the subject property, APN 301-18-007, (Owner) must comply with all requirements for the Residence One District Limited Density Twelve (R1L-D12).
- The Owner must obtain a building permit for work prior to work being started.
- The Owner must abide by all other state, federal, and local regulations that are applicable, and must obtain all state, federal, and local permits that are applicable.
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."
For the Gila County Planning and Zoning meeting held on October 20, 2022, legal ads of the public hearing were published on September 27, 2022, and September 28, 2022, in the Payson Roundup and Silver Belt newspapers, respectively. Posting was completed on October 3, 2022. For this December 6, 2022, Gila County Board of Supervisors' meeting, legal ads were published on November 8, 2022, and November 9, 2022, in the Payson Roundup and the Silver Belt Newspapers, respectively. Posting was completed on November 17, 2022.
In addition, a citizen participation meeting was held onsite by Cynthia Coolidge on August 31, 2022, with 1 individual in attendance. Ms. Coolidge also spoke with 2 other neighbors who did not attend the meeting. Per Cynthia Coolidge there were no concerns expressed by the neighbors. |
| Evaluation |
The subject property is currently zoned Commercial Two (C2) which allows for a variety of uses within the district such as shopping centers, a variety of retail-type shops, office buildings, health services, restaurants, repair, and construction service establishments, commercial recreational uses, as well as all commercial uses listed within the Commercial One District (C1).
The C2 District’s intent is to permit most types of commercial activity intended to provide for a larger segment of the population than the average neighborhood area. This District is intended for cluster application along major streets and highways. Although uses within this District should be operated in such a manner as to be compatible with surrounding residential uses, this District is not intended for mixed residential and commercial uses.
Comparatively, the Residential One Limited District (R1L) "Intent and Purpose is to promote the development of areas primarily of site-built single-family detached dwellings, intending that all other uses be installed, operated, and maintained in a manner so as to complement and cause minimum disruption to such single-family uses. Any use not in accordance with the intent and purpose, district stipulations and provisions, and permitted uses as set forth in this section shall be deemed a nuisance". Gila County Zoning Ordinance section 104.2.B. |
| Conclusion |
In reviewing the rezoning application for a recommendation, staff considers the Gila County Ordinance, zoning, the current and proposed land use of the property, adjacent zoning, public comment(s), and if the land use will be compatible and harmonious with the neighboring uses.
Staff finds that the proposed rezoning is in keeping with the intent of the neighborhood and is compatible and harmonious with land uses in the vicinity. |
| Recommendation |
| Staff recommends that the Gila County Board of Supervisors conduct the public hearing, and after the public hearing adopt Ordinance No. 2022-08 with the conditions outlined in the staff report presented to the Gila County Board of Supervisors and attached to this agenda item. |
| Suggested Motion |
| Information/Discussion/Action to adopt Ordinance No. 2022-08 which authorizes the amendment of the Gila County Zoning Map for Unincorporated Areas of Gila County by changing the zoning for Assessor's parcel number 301-18-007 located at 6599 W. Ute Trail, Pine, Arizona, currently designated as Commercial Two District (C2) to Residential One District Limited Density Twelve (R1L-D12), subject to adherence to three conditions of approval as outlined in the ordinance. (Randy Pluimer) |
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