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Public Hearing 3. B.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Public hearing to adopt Ordinance No. 2022-04 which authorizes the amendment of the Zoning Map for Unincorporated Areas of Gila County for Assessor's parcel number ( APN) 201-06-042 currently designated as General Unclassified District (GU) to add a Trailer District (T) Overlay to allow for two additional travel trailers to be located on the property. The subject property is located at 335 N. Sycamore Lane, Tonto Basin, Arizona, and is owned by Neil and Kathryn Brewer. |
| Background Information |
The Community Development Department, Planning and Zoning Division Case No. REZONP2201-001 is an application filed by Neil and Kathryn Brewer to amend the zoning for parcel number 201-06-042K with a Trailer Overlay (T) to allow for up to three (3) recreational vehicles on the subject property.
In March 2021, a complaint was filed regarding multiple recreational vehicles located on the subject property, code enforcement case CP2103-002. Discussion ensued between County Staff to discuss a mechanism and time to allow Neil and Kathryn Brewer to submit an application for rezoning. Staff determined that Neil and Kathryn Brewer could obtain a Use Permit until such time as a rezoning application could be processed. On November 16, 2021, the Use Permit was granted for up to three (3) recreational vehicles on the subject property until March 31, 2022. Due to the cancellation of the March 2022 Planning & Zoning Commission meeting, an extension of use was granted. The code case was closed on November 18, 2021.
On April 21, 2022, the Planning and Zoning Commission voted unanimously, 7-0, to recommend approval of the Rezone application (REZONP2201-001) with 6 conditions.
- The development shall be in conformance with the project description and site plan dated on February 7, 2022. Additionally, conformance shall apply to any future revised development, operation, and maintenance revisions submitted to the County.
- Neil and Kathryn Brewer shall abide by all local, state, and federal laws that apply. Neil and Kathryn Brewer shall obtain any local, state, or federal permits that are required by law.
- A Development Plan Application shall be submitted within 30 days and approved for APN: 201-06-042K prior to the use.
- Any proposed structure or use in the floodplain or floodway portion of the property shall require a permit from Gila County Building Department and Flood Control District.
- All lighting shall comply with the Gila County Outdoor Light Control Ordinance.
- Neil and Kathryn Brewer must abide by all recreational vehicle or travel trailer manufacturer specifications that are applicable to the units placed on the property including, but not limited to, the restrictions on length of occupancy, e.g., "This vehicle is designed and manufactured for camping or recreational use only and is not designed or intended to be used as a permanent residence.” Neil and Kathryn Brewer or the property owners must ensure compliance with these requirements. Gila County may, but is not required to, enforce these conditions.
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."
Case No. REZONP2201-001 was posted in the Arizona Silver Belt newspaper on March 30, 2022, for the Planning & Zoning Commission's public hearing and on May 11, 2022, for the Board of Supervisors' public hearing. The property was also posted on April 5, 2022, for the Planning and Zoning hearing and May 19, 2022, for the Board of Supervisors' hearing. In addition, a public participation meeting (citizen review process) was held on February 27, 2022, with 2 people attending. |
| Evaluation |
The subject property is currently zoned General Unclassified (GU) which allows a variety of land uses, ranching, farming, residential, commercial, and recreational. Over the past 20+ years, the County has had interpretations from past directors that due to the word "recreational," has allowed one (1) recreational vehicle use in the General Unclassified (GU) Zoning District. Per that precedence, the County has allowed the one (1) recreational vehicle to be utilized in the GU District.
The Gila County Zoning Ordinance defines a recreational vehicle park as a property where two (2) or more spaces with the required utilities and improvements for occupancy by recreational vehicles as temporary living quarters for recreation and vacation uses.
The Trailer (T) District is a district to be combined with certain other uses and density districts for the purpose of permitting mobile/manufactured home developments. Additionally, the T District is used for the development of recreational vehicle parks. |
| Conclusion |
In reviewing the rezoning application for recommendation, staff considers the 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 legal neighboring uses.
The current and surrounding district zoning is General Unclassified (GU). Staff conducted a site visit and found adjacent properties directly north and east are being utilized as recreational property with one or more recreational vehicles on site. Additionally, many properties in the surrounding area with a principal residential use have multiple recreational vehicles on site. It is unknown if the recreational vehicles are being used as temporary living quarters.
The proposed rezoning of the subject property would be in line with the surrounding zoning and existing land uses. If the rezoning application is approved, a Development Plan application will need to be submitted and approved prior to the continued use of the subject property. |
| Recommendation |
| Staff recommends that the Board of Supervisors conduct the public hearing and after the public hearing consider adopting Ordinance No. 2022-04 with conditions outlined in the staff report presented to the Board and attached to this agenda item. |
| Suggested Motion |
| Information/Discussion/Action to adopt Ordinance No. 2022-04 which authorizes the amendment of the Zoning Map for Unincorporated Areas of Gila County by changing the zoning for Assessor's parcel number 201-06-0042K (335 N. Sycamore Lane, Tonto Basin, AZ), currently designated as General Unclassified District (GU) to add a Trailer District (T) Overlay to allow for two additional travel trailers to be located on the property subject to the adherence of 6 conditions of approval as outlined in the ordinance. (Randy Pluimer) |
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