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ARF- 6762 Public Hearing     3. B.    
Special BOS Meeting
Meeting Date: 07/27/2021  
Submitted For: Randall Pluimer Submitted By: Kim Manfredi, Administrative Assistant
Department: Community Development  

Information
Request/Subject
Public hearing to adopt Ordinance No. 2021-02 which authorizes the modification of the following: 1) a minor amendment to the Gila County Comprehensive Master Plan for APNs (Assessor's Parcel Numbers) 301-46-001C, 301-46-001D, and 301-72-037 thru 301-72-053 to change the land use designation from Residential 0.1 – 0.4 DU/AC to Mixed Use; 2) an amendment to the Gila County Zoning Map for APN# 301-46-001C, 301-46-001D and 301-72-037 thru 301-72-053 currently designated as Residence One – Density District 40 (R1-D40) and Residence One Limited- Density District 40 (R1L-D40) to Transitional Residential (TR) with a Planned Area Development (PAD) Overlay and a Trailer District (T) Overlay; and 3) a Reversion to Acreage for the Canyon River Ranch Final Subdivision plat, recorded on December 23, 2008, in the Official Records of Gila County, Recording Number 2008-015996. The parcels are vacant land located in the Canyon River Ranch subdivision, west of Payson, Arizona.
Background Information
The subject property was originally planned as a five-phased residential development generally referred to as Canyon River Ranch.  Gila County approved a rezoning of the property in 2008 and a final subdivision plat was approved for the development in 2009. While some improvements were constructed, including a 5,600 square foot pavilion, a 20,000 square foot covered arena, a well site, a decorative entry feature/water tower, and some internal road work and grading, further development of the property was placed on hold due to the impacts of the Great Recession. Note that there are two parcels of land located in the area of the request that is not part of this request (APN # 301-46-001E and 001F).
Evaluation
The property recently changed hands and the new property owner is proposing a mixed-use development consisting of residential and commercial uses with a substantial amount of passive open space. At complete build-out, there will be 721 residential homes sites with a mixture of single and doublewide mobile homes with approximately 40% of the overall home site devoted to recreational vehicles. Each home site will be fully improved with electricity, water, and wastewater services and leased to the resident for placement of a home or recreational vehicle. The owners would; however, like the ability to lease up to 100% of the property for recreational vehicle use until such time as the project is fully developed. Per the project narrative, the 100% recreational vehicle use will be for a temporary basis, for a period of 36 months from the issuance of the first building permit for any given phase.

The proposed commercial uses include restaurants, personal service businesses, self-storage facilities, general retail sales, and motor fuel and propane sales, all of which are mainly intended to serve the community. The property owners also envision certain temporary outdoor events.

The property owners propose to offer a significant number of amenities with this development including the existing pavilion and arena, a large community clubhouse, multiple miles of multi-use trails and paths, a 1-acre fishing pond, passive open space representing almost 60% of the property, and multiple sporting opportunities such as pickleball, tennis, baseball and softball, basketball courts, three dog parks, and three community swimming pools.

As part of the Planned Area Development (“PAD”) overlay zoning, the property owner is asking for a few deviations from the development standards of the Trailer District overlay requirements for mobile homes and recreational vehicles, commercial district, and parking requirements. The table provided in the Planning and Zoning staff report (attached to this agenda item) shows a comparison of what the minimum requirements are versus what the property owner is asking with the PAD overlay. Note that the purpose of PAD overlay is to allow flexibility in meeting the requirements of the underlying zoning district. The Zoning Ordinance recognizes that for specific planned communities, the PAD overlay can provide better alternatives for some land developments than conventional zoning districts can. Furthermore, the purpose of the PAD overlay is to encourage innovative and imaginative planning with a variety of housing opportunities that are affordable to the community.

The applicant would like the flexibility to develop the property either as a single-phase or as a two-phased development, depending on the timing of the approvals related to infrastructure permitting, construction costs, and mobilization. If it becomes a two-phased project, the applicant anticipates one phase north of Doll Baby Ranch Road and the second phase to the south of this road.
Conclusion
In order to develop the property as proposed, a change in the Comprehensive Plan land use designation and a rezoning are required. The current land use designation for the property is Residential (0.1-0.4 dwelling units per acre), which is intended for low-density rural detached residential development, would not permit the proposed 4½ unit per acre development. Additionally, this residential land use designation only permits non-residential uses if permitted in the underlying zoning district and is located on a cumulative total of less than two acres and separated and buffered from adjacent residential uses. Due to the mix of uses requested on the property, the Comprehensive Plan land use designation of Mixed-Use is appropriate.

The proposed mix of uses and the use of mobile homes and recreational vehicles are not permitted under the existing zoning designation on the property of R1-D40 and R1L-D40, which is why a zoning change is required. The proposed zoning designation of Transitional Residential is intended for a mix of residential and commercial uses subject to a Development Plan. Additionally, the Trailer District overlay will allow for mobile home and recreational vehicle uses. The Planned Area Development overlay will enable the development to deviate from some of the zoning regulations as discussed earlier in this report.

Due to assurances from the developer that they will meet all applicable development standards and obtain all required local and state infrastructure and building permits, staff does not believe that the proposed change in the Comprehensive Plan land use designation or the requested zoning designation change would have a negative impact on the property or surrounding area. Rather, due to the significant number of amenities proposed and the fact that the project will bring more affordable housing to the area, staff believes the project will have a positive overall impact on the community.

The project will be required to go through the Development Plan process prior to the issuance of a building permit and, the State of Arizona will need to approve the proposed water and wastewater service to the community.

The applicant is also requesting a Reversion to Acreage for the Canyon River Ranch final subdivision plat. Approval of the reversion will abandon the final plat, which was recorded in the official records of Gila County in 2008, and revert the land to its original acreage that existed prior to the final plat being recorded. This will enable the property owner to develop their mixed-use project as proposed.
Recommendation
Staff recommends that the Board of Supervisors conducts the public hearing and after the public hearing considers adopting Ordinance No. 2021-02 with conditions lined out in the staff report presented to the Board and attached to this agenda item.
Suggested Motion
Information/Discussion/Action to approve Case No. CPA2103-001, a minor amendment to the Gila County Comprehensive Plan, to change the land use designation from Residential 0.1-0.4 du/ac to Mixed Use; approve Case No. REZONP2103-001, a request to change the Gila County Zoning Map zoning designation from R1-D40 and R1L-D40 to Transitional Residential with a Planned Development Overlay and Trailer Overlay subject to the conditions that are outlined in the recommendation section of the Planning and Zoning staff report attached to this item; adopt Ordinance No. 2021-02; and approve Permit No. P2105-067, a request for a Reversion to Acreage for the Canyon River Ranch Final Subdivision plat, recorded on December 23, 2008 in the Official Records of Gila County, Recording Number 2008-015996. (Randy Pluimer)

Attachments
Ordinance No. 2021-02
Canyon River Legal Ad
Canyon River CPA and Rezoning Applications
Canyon River - Rezoning Narrative
Canyon River - CPA Narrative
Reversion to Acreage Application Materials
Canyon River Development Plan
Parcel Maps
Canyon River Staff Report
Applicant Presentation

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