Proposed Definitions and Regulation Changes Pertaining to Agricultural Activities in Cochise

County

R-12-02: Amendments to the Zoning Regulations

August 14, 2012

Purpose

Acknowledge agriculture as an important component of the County’s culture and economy.Regulatory relief for agricultural activities that are incidental or complementary on same parcel, such as vineyards and associated wineries/tasting room; promote value-added processing.

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Current Definitions

Article 2 of the Cochise County Zoning Regulations defines agricultural activities as follows:

Agriculture, General

Agricultural Processing Services

Feedlot, Commercial

Meat Cutting and Butchering

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Proposed Definitions

Existing Definitions: Clarify, redefine, and add language to comply with State Law to existing definitions (Agriculture, General, Ag-processing, Meat-cutting and Butchering).

New Definitions: Define uses already permitted in the Regulations (Commercial feedlots, Slaughterhouses/Meat packing plants); and

Propose new uses (On-site Agricultural Processing Services, Wineries).

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Proposed Definitions

Agriculture, General: added language pertaining to dairy operations, per statute.

Agricultural Processing Services: Added language defining what this is NOT.

Meat Cutting and Butchering: replaced this definition with Custom Butchering/Meat Curing/ Processing.

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Proposed Definitions

Custom Butchering/Meat Curing/ Processing: Added ‘on-site butchering’ and followed the Arizona Department of Agricultural definition for a slaughter license.

Feedlot, Commercial: Added regulations as defined by ADEQ, CAFO.

Removed ‘feeding pens’ – added it to Agriculture, General.

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Proposed Definitions

Onsite Agricultural Processing Services: This language was added to ease the permitting requirements for growing and processing on same parcel.

Off-site Winery Tasting Rooms: Added to Restaurants, Bars, Taverns, Nightclubs…

Slaughterhouse/Meat Packing Plant: Added the definition as it is already in the permitting sections of the Regulations.

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Proposed Definitions

Winery, Farm/Production/Tasting Room: Added to acknowledge growing industry.

Winery, Farm: Based on quantity limits under Arizona Department of Liquor Licenses (ADLL), Series 13 allows grapes grown and processed on site to be sold as retail on site.

Winery, Production: Again, based on ADLL, Series 1. An additional permit is required by ADLL for retail sales, including tasting rooms.

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Regulating Uses

Setbacks and/or Special Use Permit Process?

Setback limitations restrict the location of permitted uses to larger parcels which minimize off-site impacts such as odors, noise, dust, vectors, traffic, lighting.

Currently, the Zoning Regulations use the special use permit process AND various setback limits.

Staff is proposing a SIMPLIFIED regulation consisting of permitted uses IF proposed setback limits can be met.

USE (If setbacks cannot be met, Special Use required)

ZONING DISTRICT Ag-processing Commercial Feedlots Replace Meat Cutting/Butchering with Custom butchering/Meat curing/Processing Slaughterhouse/Meat packing plants On-site Ag-processing

Current Proposed Current Proposed Current Proposed Current Proposed Proposed

RURAL (Article 6) Special Use (with 40' setback)

Permitted w/300' setback - Special Use if setback is

less than 300'

Special Use (with 40' setback) no change Special Use (with 40'

setback)

Permitted w/100' setback - Special Use if setback is

less than 100'

Special Use (with 40' setback) no change

Permitted w/100' setback - Special Use if setback is

less than 100'

LIGHT INDUSTRIAL (Article 13)

Permitted (with 5' - 80' setback)

Permitted w/300' setback - Special Use if setback is

less than 300'Not Permitted Permitted as a special use Permitted (with 5' - 80'

setback)Permitted (with 5' - 80'

setback)Special Use (with 160'

setback)

Permitted w/300' setback - Special Use if setback is

less than 300'Permitted

HEAVY INDUSTRIAL (Article 14)

Permitted (with 5' - 100' setback)

Permitted w/300' setback - Special Use if setback is

less than 300'

Permitted (with 5' - 100' setback)

Permitted w/300' setback - Special Use if setback is

less than 300'

Permitted (with 5' - 100' setback)

Permitted (with 5' - 100' setback)

Special Use (with 200' setback)

Permitted w/300' setback - Special Use if setback is

less than 300'Permitted

GENERAL BUSINESS (Article 12) Not Allowed Not Allowed Not Allowed Not Allowed Permitted Permitted Not Allowed Not Allowed Not Allowed

Matrix

Line Legend:Red = 300’ setbackGreen = 100’ setbackBlue dotted -= 40’ setback

320 acres

160 acres

80 acres

40 acres

20 acres

This graphic depicts one Section of land (620 acres)

SETBACKS

* 20 acres with 300’ setback = .80 acre of buildable land* 20 acres with 100’ setback = 11.8 acres of buildable land

* 40 acres with 300’ setback = 11.89 acres of buildable land* 40 acres with 100’ setback = 28.8 acres of buildable land

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Recommendation

July 11, 2012 Planning and Zoning Commission forwarded this docket with a unanimous motion recommending approval (8-0).

Staff recommends approval of these Zoning Regulation Amendments.

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