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  Public Hearing     3. A.    
Regular BOS Meeting
Meeting Date: 06/07/2022  
Submitted For: Randall Pluimer Submitted By: Kim Manfredi, Administrative Assistant
Department: Community Development Division: Planning and Zoning

Information
Request/Subject
Public hearing to adopt Ordinance No. 2022-03 which authorizes the amendment of the Zoning Map for Unincorporated Areas of Gila County for Assessor's parcel number (APN) 301-14-004A currently designated as Residential One Density Twelve District (R1-D12) to Transitional Residential District (TR) to allow Pine Creek Lavender Farm to expand its land base, agri-tourism activities, and parking area on the property. The subject property is located at 4269 Pine Creek Canyon Road, Pine, Arizona, and is owned by Javelina Sky Development LLC by and through managing member Terry Gorton.
Background Information
The Community Development Department, Planning and Zoning Division Case No. REZONP2202-001 is an application filed by Javelina Sky, LLC, by and through its managing member Terry Gorton, to amend the zoning for parcel number 301-14-004A from Residence One District (R1) to Transitional Residential District (TR ) to allow Javelina Sky Development, LLC, (Pine Creek Lavender Farm) to expand its land base, agri-tourism activities, and parking area to the subject property.

On April 21, 2022, the Planning and Zoning Commission voted unanimously, 7-0, to recommend approval of the Rezone application (REZONP2202-001) with 6 conditions.
  1. Javelina Sky, LLC, by and through its managing member, Terry Gorton, shall abide by all local, state, and federal laws that apply. Javelina Sky, LLC., by and through managing member Terry Gorton shall obtain any local, state, or federal permits that are required by law.
  2. A Development Plan Application shall be submitted and approved for all commercial uses on APN: 301-14-004A prior to the use.
  3. A Temporary Use Permit shall be applied for and approved prior to any special events being held on APN: 301-14-004A as stated in Gila County Zoning Ordinance.
  4. 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.
  5. All signage shall comply with the Transitional Residential (TR) District.
  6. All lighting shall comply with the Gila County Outdoor Light Control Ordinance and Transitional Residential (TR) District.
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. REZONP2202-001 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 17, 2022, for the Board of Supervisors' hearing. In addition, a public participation meeting (citizen review process) was held on March 5, 2022, with 0 people attending.
Evaluation
The subject property is currently zoned Residence One (R1) which is intended to promote the development of single-family residential and all other uses installed, operated, and maintained in a manner to complement or be at least minimally disruption to single-family uses. In addition, permitted uses under the R1 District allows for home gardens and flower propagation with the limited sale as a home occupation of products raised on the premise.

Transitional Residential (TR) intended purpose provides for a degree of flexibility in land use where a mixture of residential and light commercial is beneficial and where the uses are in harmony with and will result in a minimum disruption to the surrounding area.
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, and 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 Residence One (R1) and Transitional Residential (TR) and the proposed rezoning of the subject property would be in line with the surrounding zoning. The surrounding land uses are primarily residential, the Church of Jesus Christ Latter-Day Saints and the existing Lavender Farm. The properties in the area are larger lot sizes ranging from 1-5 acres in size which provides open space and a natural buffer between land uses.

The Gila County Comprehensive Master Plan seeks to enhance opportunities for the development of low-intensity cottage industries and craft commercial uses adjacent to SR 87. Additionally, the plan identifies non-residential uses to be located along primary transportation routes which include SR 87 and Pine Creek Canyon Road up to Hidden Pines Loop. The subject property is located approximately 0.14 miles with its intersection to SR 87 and before its intersection with Hidden Pine Loop. With the current use of the Lavender Farm on the adjacent property, no increase in traffic is expected.

The proposed uses associated with the rezoning also align with the Comprehensive Master Plan regarding goals and policies as outlined within the plan for the Pine Community area.

The existing Lavender Farm has been operating since Development Plan approval in October 2017. To date, no complaints have been received against the operations. A revised Development Plan will need to be submitted and approved prior to use of the subject property if the rezoning application is approved.
Recommendation
Staff recommends that the Board of Supervisors conducts the public hearing and after the public hearing considers adopting Ordinance No. 2022-03 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. 2022-03 which authorizes the amendment of the Zoning Map for Unincorporated Areas of Gila County by changing the zoning for Assessor's parcel number 301-14-004A (4269 Pine Creek Canyon Road, Pine, AZ), currently designated as Residential One Density Twelve District (R1-D12) to Transitional Residential District (TR) to allow Pine Creek Lavender Farm to expand its land base, agri-tourism activities, and parking area on the property, subject to the adherence of 6 conditions of approval as outlined in the ordinance. (Randy Pluimer)

Attachments
Ordinance No. 2022-03
Staff Report
Javelina Sky Exhibit A-D_Redacted
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