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Public Hearing 3. A.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Adoption of Resolution No. 22-08-01, which would approve Gila County Planning and Zoning Department Case No. CUPP2202-001, an application submitted by Terrea Lea Brownlee & Levi Brownlee (Owners), and Little Stinker Septic, LLC (Applicant) for a Conditional Use Permit on Assessor's Tax Parcel Number 304-36-001L located at 3056 South Forest Service Road 184, Rye, Arizona, to allow up to 100 clean portable toilets and two clean pumper trucks to be stored outside upon a portion of this parcel of land, subject to the adherence of the conditions of approval as outlined in the Resolution. |
| Background Information |
The applicant, Little Stinker Septic, LLC is proposing to utilize a portion of the subject property owned by Terrea Lea Brownlee and Levi Brownlee for the proposed storage of up to 100 clean portable toilets and two clean pumper trucks. The subject property per the Gila County Assessor is 29.77 acres in size with the request to utilize ½ acre for storage. The storage area is for overflow from the business site located in Payson, Arizona. Little Stinker Septic, LLC stated the storage area will be unmanned with the owners or employees coming to the subject property to drop off or pick up portable toilets as needed. The normal hours of operation will be from dawn to dusk; however, the business does provide emergency portable toilets during fire season which may increase operations to and from the subject property.
On June 16, 2022, the Planning and Zoning Commission voted 4-3 to recommend approval of the application, subject to the adherence of the conditions of approval:
- Gila County Conditional Use Permit CUPP2202-001 shall be granted for a period of two (2) years on a non-transferable basis. It is effective on the date approved by the Gila County Board of Supervisors and automatically terminates at 12:00 p.m. on the same date two years afterwards.
- The storage area shall be in conformance with the Gila County Conditional Use Permit application in this case dated on January 7, 2022, and revised narrative dated May 15, 2022. This includes, but is not limited to, the storage area being limited to one-half acre and located as described in the application.
- All lighting shall comply with the Gila County Outdoor Light Control Ordinance.
- Ingress and Egress to the subject property shall be off Forest Service Road 184 via Gisela Road. Ingress and Egress from State Route 188 shall be utilized in the event of an emergency only within the confinements of the road and bridge specifications.
- The owner must abide by all other state, federal, and local regulations that may be applicable. The owner must obtain any state, federal, and local permits that are required.
- All equipment stored shall be clean and empty of any sewage.
- Storage area must be fenced with a 6-foot opaque fence.
- A Development Plan Application shall be submitted, reviewed, and approved for all commercial uses on APN: 304-36-001L.
For the June 16, 2022, Planning and Zoning Meeting, legal ads were published on May 24, 2022, and May 25, 2022 in the Payson Roundup and Silver Belt Newspapers, respectively. Posting was completed on May 20, 2022. Hearing letters were mailed to property owners along Forest Service Road 184 on May 31, 2022.
For this August 2, 2022, Board of Supervisors Meeting, legal ads were published on July 6, 2022, and July 8, 2022 in the Payson Round Up and Silver Belt Newspapers, respectively. Posting was completed on July 13, 2022.
In addition, a public participation meeting (citizen review process) was held on May 14, 2022, with 12 individuals in attendance.
The concerns were about the current conditions of the road, i.e., road dust, traffic and speeding vehicles and passing in some areas, how many portable restrooms will be on site, and how the portable restrooms will be stored (clean and empty) and picked up (type of vehicle), fire-wise protection of and around the storage area, spilling raw sewage and locating the entire business to the subject property. |
| Evaluation |
The subject property is accessed via Gisela Road to Forest Service Road 184 (FSR 184). Little Stinker Septic, LLC states that the amount of truck traffic will vary, however coordination with the property owner (a business owner of Little Stinker Septic, LLC) can be scheduled with arrival and departures to reduce the number of trips.
According to the Director of Public Works, Mr. Sanders, FSR 184 is maintained by the County via an Intergovernmental Agreement with the Forest Service. FSR 184 is graded 2 to 3 times per year. The County does have easements located on the portion of FSR 184 road where there are private property holdings.
Land uses in all directions are residential with agricultural uses in the General Rural District. There are a limited number of private property holdings in this area. Additionally, private properties in this area are large and bound by Tonto National Forest creating a buffer from the proposed use.
The subject property adjoins one (1) another neighboring owner. All property owners are bound by the Tonto National Forest. There are three properties located along Forest Service Road 184 prior to the subject property. Per the Applicant, the storage would be located approximately 300 feet off of the road. |
| Conclusion |
| The proposed use is not outright allowed as listed in the General Rural District under permitted or other permitted uses subject to a Use Permit, however, the proposed request may potentially generate less traffic and dust than the allowed uses, such as a feed store, recreational facilities, animal hospital, and veterinary clinic, etc. as outlined in the district zoning. |
| Recommendation |
On June 16, 2022, the Planning and Zoning Commission voted 4-3 to recommend approval of the application, subject to adherence of the conditions of approval.
Staff recommends that the Board of Supervisors conducts the public hearing and after the public hearing considers adopting Resolution No. 22-08-01 with conditions of approval as outlined in the Resolution presented to the Board and attached to this agenda item. |
| Suggested Motion |
| Information/Discussion/Action to adopt Resolution No. 22-08-01, which approves Gila County Planning and Zoning Department Case No. CUPP2202-001, an application submitted by Terrea Lea Brownlee & Levi Brownlee (Owners), and Little Stinker Septic, LLC (Applicant) for a Conditional Use Permit on Assessor's Tax Parcel Number 304-36-001L located at 3056 South Forest Service Road 184, Rye, Arizona, to allow up to 100 clean portable toilets and two clean pumper trucks to be stored outside upon a portion of this parcel of land, subject to the adherence of the conditions of approval as outlined in the Resolution. (Randy Pluimer) |
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