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  Public Hearing     3. C.    
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. 2022-05 which authorizes the amendment of the Zoning Map for Unincorporated Areas of Gila County for APN 301-69-182C, also referred to as parcel A-1, and APN 301-69-182D, also referred to as parcel A-2, currently designated as Commercial Two District (C2) to Transitional Residential District (TR) to create a personal vacation home on parcel A-1 and proposed construction of residential homes on parcel A-2. The subject property is located at 6373 W. Ruin Hill Loop Road, Pine, Arizona Parcels A1 and A2 as shown on ROS 5509 and is owned by Douglas McCafferty.
Background Information
The Community Development Department, Planning and Zoning Division Case No. REZONP2202-002 is an application filed by Douglas McCafferty to amend the zoning for parcel number 301-69-182C (Parcel A-1) and parcel number 301-69-182D (Parcel A-2) from Commercial Two District (C2) to Transitional Residential District (TR) to create a personal vacation home (existing sales office) on Parcel A-1 and proposed construction of residential homes on Parcel A-2.

On April 21, 2022, the Planning and Zoning Commission voted, 5-2 (2 members abstaining), to recommend approval of the Rezone application (REZONP2202-002) with 6 conditions.
  1. Douglas McCafferty shall abide by all local, state, and federal laws that apply. Douglas McCafferty shall obtain any local, state, or federal permits that are required by law.
  2. Douglas McCafferty shall provide a will-serve letter for water and wastewater from the Pine Creek Canyon Domestic Water Improvement District prior to issuance of building permits.
  3. All lighting shall comply with the Gila County Outdoor Light Control Ordinance and Transitional Residential (TR) District.
  4. A Development Plan Application shall be submitted and approved for commercial uses allowed within the Transitional Residential (TR) District on APN: 301-69-182C and 301-69-182D prior to the use.
  5. All signage shall comply with the Transitional Residential (TR) District.
  6. All structures must be site built with conventional foundation and harmonious with legal neighboring uses.
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. REZONP202-002 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 13 people attending.
Evaluation
The subject properties are 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. The District is not intended for residential use, however, a residential use is allowed in C2 with the establishment of a commercial use where the commercial use is the principal use.

Comparatively, the Transitional Residential District (TR) provides for a degree of flexibility in land use in “transitional areas” where residential and light commercial uses would be beneficial and in harmony with and will result in a minimum disruption to surrounding uses. The TR District is used to create a transitional zone between residential districts and commercial or industrial areas. Residential uses are allowed in the TR District.
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 Final Plat was approved in 1995 which designated two (2) tracts for future commercial development within The Portal, Pine Creek Canyon Unit IV Subdivision. Douglas McCafferty is requesting a rezoning of Parcel A-1 and A-2 from Commercial Two District (C2) to Transitional Residential (TR) to allow for a personal vacation home (existing sales office) and other proposed uses that are not intended to be located within the C2. Additionally, a business would need to be established within a C2 District to construct a residence; the business would be the principal use.

TR’s Use District’s intent is to allow for a degree of flexibility where a mixture of residential and light commercial uses will be beneficial. Additionally, mixed uses should be in harmony with, and result in a minimum disruption to surrounding uses. Douglas McCafferty’s proposed uses align with the TR District and with the existing subdivisions located within proximity of the subject properties.
Also, the TR Use District allows for a residence as a principal use without the need for an established business.

Land uses in the general proximity of the subject properties are mainly residential with vacant land located to the North and East (TR), South and West (C2).
Recommendation
Staff recommends that the Board of Supervisors conducts the public hearing and after the public hearing considers adopting Ordinance No. 2022-05 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. 2022-05 which authorizes the amendment of the Zoning Map for Unincorporated Areas of Gila County by changing the zoning for Assessor's parcel number 301-69-182C, also referred to as parcel A-1, and Assessor's parcel number 301-69-182D, also referred to as parcel A-2, (6373 W. Ruin Hill Loop Road, Pine, Arizona Parcels A1 and A2 as shown on ROS 5509), currently designated as Commercial Two District (C2) to Transitional Residential District (TR) to create a personal vacation home on parcel A-1 and proposed construction of residential homes on parcel A-2, subject to the adherence of 6 conditions of approval as outlined in the ordinance. (Randy Pluimer)

Attachments
Ordinance No. 2022-05
Staff Report
Exhibits
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