[ITEM TABLED FROM AUGUST 14, 2012 MEETING]  Adopt Zoning Ordinance 12-10 to approve Docket R-12-02, amending the Cochise County Zoning Regulations for agricultural uses, and codifying definitions and site development standards for those uses, as set forth in Exhibit A.

[Item tabled from August 14, 2012 meeting; changes are reflected in the revised attached Zoning Ordinance.]

BOARD OF SUPERVISORS –AUGUST 14, 2012

At their regular meeting on August 14, 2012, the Board focused attention on three particular elements of the proposed amendments. Chairman Searle suggested adding language to Section 603.17 which would delineate Winery Tasting Rooms as permitted accessory uses to Farm Wineries. Clarification language was suggested, although, per our definition for Winery Tasting Rooms, they are considered subordinate and accessory to Farm or Production Wineries.

Furthermore, Chairman Searle communicated his concern that the proposed 100-ft. minimum setback requirement for Onsite Agricultural Processing Services would not be large enough to mitigate potential egregious off-site impacts from more impactful ag processing activities, and so suggested increasing the minimum required setback to 250-ft. or possibly 300-ft.

Chairman Searle stated that he was informed by several sources that site development standards, such as minimum setbacks, for ag exempt uses may not be regulated. He suggested adding exception language to our definition for Onsite Agricultural Processing Services which would direct staff to administratively treat permitted Onsite Agricultural Processing Services as “general agriculture.” Supervisor English suggested that the item be tabled in order for counsel to carefully consider Chairman Searle’s proposed changes. Mr. Searle asked if the proposed changes would require consideration by the Planning and Zoning Commission; Michael Turisk, Planning Manager, and Britt Hanson, Chief Civil Deputy, indicated that they would not. Chairman Searle agreed that the proposed changes warranted tabling; thus, the item was tabled until the Special Meeting of the Board on 20 August 2012.

PREVIOUSLY PROVIDED EXECUTIVE SUMMARY --

I:  BACKGROUND
This memo is a follow-up to a work session held on June 21, 2011, regarding agricultural activities in Cochise County. The focus of the discussion surrounded the circumstances under which agricultural processing (ag-processing) operations, including wineries, may be relieved of certain permitting and/or code requirements where possible. As part of this effort, Staff surveyed other rural counties in Arizona and New Mexico to determine how our counterparts regulate these uses, which helped in crafting the following proposed changes to the Zoning Regulations.

II: PLANNING AND ZONING COMMISSION
At their July 11, 2012 meeting, the Commission discussed the proposed changes and agreed with Staff that the requirement for a Public process regarding Commercial Feedlots and Slaughterhouses in the Rural Zoning District should not be changed. In addition, the Commission discussed Staff’s proposal to allow Commercial Feedlots in the Light Industry Zoning District with a 300-ft. minimum setback. Staff had also recommended that if these uses could not meet the 300’ setback, a special use permit would be required. The Commission agreed to recommend to the Board that regardless of the setback for Commercial Feedlots, a special use permit would be required in the Light Industry Zoning District. The Commission then voted unanimously (8-0) to forward that recommendation as well as a recommendation of approval for the other proposed Regulation changes to the Board of Supervisors.

III. CURRENT COUNTY ZONING CODE DEFINITIONS
Article 2 of the Cochise County Zoning Regulations contains the definitions used for land uses. Currently, there are four definitions pertaining to agricultural activities including Agriculture—General, Agricultural Processing (Ag-processing), Feedlot Commercial, and Meat Cutting and Butchering. The definitions follow:

Agriculture, General - A tract containing a minimum of 5 contiguous commercial acres which is being used for the production of farm crops, or the grazing or raising of farm animals; examples are vegetables, fruit trees, cotton, grain, poultry, horses, cattle, sheep and swine. The term "general agriculture" includes such uses as the necessary treatment, packing or storage of farm products produced on premises, the sale of any farm crops or livestock raised on premises, and any signs, structures, or fences utilized for these functions. It does not include signs advertising off-premise facilities, junkyards, other retail sales, manufacturing, services, stockyards, slaughterhouses, meat packing plants, commercial pen feeding, bone yards, plants for the reduction of animal matter or agricultural processing services.

Agricultural Processing Services - Those services which alter the condition of and add value to a marketable, agricultural commodity through a processing activity.

Feedlot Commercial – A feeding operation on a parcel of land where livestock are maintained in a corral, pen, or other area on a sustained basis, where feed is brought on the parcel, and where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosed/penned areas on the property during the course of an normal growing season. It is operated for the primary purpose of feeding and fattening animals for direct or eventual shipment to market or slaughter. Pastures used for the grazing of livestock are not considered commercial feedlots. Feeding pens for livestock that are incidental and subordinate to a grazing operation are not commercial feedlots.

Meat Cutting and Butchering – A service consisting of the cutting up of meat for sale, but not the killing or slaughtering of live animals, a slaughterhouse or meat packing plant.

Staff is recommending that the basic definitions for agricultural activities currently in the Zoning Regulations be more clearly described to separate the higher impact land uses such as commercial feedlots, slaughterhouse/meat packing plants, and ag-processing, from lower impact uses, such as field crops, orchards, gardens, small family run butcher shops, and the raising of livestock. By amending the existing definitions, and adding several new definitions, a clearer picture can be seen on how each type of agricultural activity should be regulated and how relief from permitting and/or code requirements can be proposed. The new proposed definitions read as follows: (proposed language shown in bold, deletions with strike-out).

Agriculture, General - A tract containing a minimum of 5 contiguous commercial acres which is being used for the production of farm, garden, or orchard crops, or the grazing or raising of farm animals, including feeding pens that are incidental and subordinate to a grazing operation. Examples of commodities produced include are vegetables, fruit trees, grapes, cotton, grain, poultry, horses, cattle, sheep and swine. The term "general agriculture" includes such uses as the necessary treatment, packing or storage of farm products produced on premises, the sale of any farm crops or livestock raised on premises, and any signs, structures, or fences utilized for these agricultural functions. By statute “general agriculture” includes dairy operations, including areas designated for raising heifers and bulls owned by the same dairy operation that is on property contiguous to the dairy operation or within one-quarter of a mile. It does not include signs advertising off-premise facilities, junkyards, other retail sales, manufacturing, any non-agricultural services, stockyards, slaughterhouse/s, meat packing plants, commercial pen feeding, production wineries, bone yards, plants for the reduction of animal matter, poultry feeding operations, or agricultural processing services plants.

Agricultural Processing Services - Those services which alter the condition of and add value to a marketable, agricultural commodity through a processing activity. Agricultural processing services do not include slaughterhouse/meat packing plants, commercial feedlots, bone yards, or facilities for the reduction of animal matter.

Meat Cutting and Butchering – A service consisting of the cutting up of meat for sale, but not the killing or slaughtering of live animals, a slaughterhouse or meat packing plant. Replace with the following:
Custom Butchering/Meat Curing/Processing –The cutting up, curing, and processing of meat, to include on-site butchering, operating under the Arizona Department of Agricultural slaughter license for more than 45 head and not to exceed 150 head of cattle and more than 45 head and not to exceed 160 head of sheep, goats, or swine in one calendar year.

Feedlot Commercial – A feeding operation on a parcel of land where livestock are maintained in a corral, pen, or other area on a sustained basis, where feed is brought on the parcel, and where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosed/penned areas on the property during the course of an normal growing season. regulated by the ADEQ Concentrated Animal Feeding Operations per A.A.C. R-18-9-A901. It is operated for the primary purpose of feeding and fattening animals for direct or eventual shipment to market or slaughter. Pastures used for the grazing of livestock and feeding pens for livestock are not considered commercial feedlots. Feeding pens for livestock that are incidental and subordinate to a grazing operation are not commercial feedlots.

Onsite Agricultural Processing Services – An agricultural processing service located in Growth Category D where at least 70% or more of the crop input for the facility is grown on site.

Restaurants, Bars, Taverns, Nightclubs and Off-site Winery Tasting Rooms – An establishment which prepares and serves food and/or beverages on a commercial basis and may include entertainment.

Slaughterhouse/Meat Packing Plant – A facility for the slaughtering, refining, processing, storage and distribution of animals and animal byproducts.

Winery, Farm – An on-site agricultural processing service in which grapes grown on-site are processed into wine, not to exceed 40,000 gallons per year.
Winery, Production – An agricultural processing service in which grapes grown on-site or off-site are processed into wine, in quantities greater than 40,000 gallons per year.
Winery Tasting Room – A building or portion thereof, subordinate in size and accessory to a Farm or Production Winery operation, in which wine may be sampled for purchase. A
Winery Tasting Room may also include incidental retail sales of wine and related products.

By clarifying and adding to the definitions found in Article 2 of the Zoning Regulations, Custom Butchering/Meat Curing/Processing and On-site Ag-processing emerge as the agricultural related land uses which generate much less intense off-site impacts, thus allowing for a more relaxed permitting process.

IV. SPECIAL USE PERMITS AND SETBACKS
County Zoning Regulations customarily address potential impacts to adjoining properties (off-site impacts) such as odors, noise, dust, vectors, traffic, and lighting, by requiring both Special Use permits and increased setbacks, depending upon the intensity of the Zoning District. In the current County Zoning Regulations, as one progresses from the lowest intensity of use (residential), to the highest intensity of use (industrial), the manner in which off-site impacts and required setbacks change. In Residential districts, high impact uses are prohibited altogether.

The purpose of setbacks is to regulate the location of high impact uses, such as agricultural activities in Cochise and other Arizona counties, to minimize off-site impacts. Setbacks for agricultural activities in Industrial Zoning Districts are reduced. For example, Pima County requires a 20-foot setback, while Dona Ana County, NM, and Gila Bend, AZ require 30-foot setback. When agricultural operations are allowed in Rural or Agricultural Districts, however, the setbacks were greater: Pinal County requires a 30-foot setback, while both Yuma City and Yuma County require a 50-foot setback. Pima County has the greatest setback, being 300-feet in a Rural District.

Minimum setbacks required for Special Uses are currently double that of permitted uses in all Zoning Districts in Cochise County, except in General Business. For example, while a new residence in an RU District requires a 20-foot setback, a Special Use Permit for an ag-processing use in the RU Zoning District requires a 40-foot setback in order to help mitigate off-site impacts to surrounding properties. The exception found in the Cochise County Zoning Regulations is the 80-foot minimum setback requirement for Special Uses in the General Business Districts because they are often found near residential neighborhoods. It should be noted that in the Cochise County Zoning Regulations the only general agricultural use with minimum setback requirements are animal enclosures such as corrals and pens—which are required to be setback a minimum of 50-feet from property lines.

In the Rural Zoning Districts of Cochise County, both agricultural uses and residential uses are commonly found, and Special Use Permits are currently required for agricultural activities such as Ag-processing, Commercial Feedlots, Meat Cutting or Butchering, and Slaughterhouse/Meat Packing Plants–all of which are subject to the minimum 40-foot setback requirement.

In the higher intensity Light Industrial Zoning District, both Meat Cutting and Ag-processing are permitted, while Slaughterhouses require a Special Use Permit and Commercial Feedlots are not permitted at all. The minimum setbacks allowed are 5-feet, unless adjacent to a residential or Rural District, in which case they are 80-feet. The minimum setbacks for a Special Use Permit are 160-feet.

In the Heavy Industrial Zoning Districts, Ag-processing, Commercial Feedlots, and Meat-cutting are permitted, while Slaughterhouses/Meat Packing Plants are allowed with a Special Use Permit. Again, the minimum setbacks for permitted uses are 5-feet, unless adjacent to a residential or Rural District, in which case the setbacks would be 100-feet. For Special Use Permits, the minimum setback is 200-feet.

To encourage agricultural activities in Cochise County, Staff recommends that such activities be allowed as permitted uses, with the trade-off of greater setbacks in order to mitigate potential off-site impacts. Greater setbacks would also result in these land uses being directed towards larger parcels, thereby further mitigating potential off-site impacts such as noise, odors, increased heavy truck traffic, and vectors.

Note that while the Zoning Regulations permitting lower impacting agricultural uses would be relaxed by these text changes, the amendments proposed would impose more restrictions on the higher impacting uses because these operations can be among the most high-impact land uses likely to be encountered in the County.

V. RECOMMENDATIONS
The Planning Division is recommending that in the Rural Zoning Districts, the less intense agricultural land uses including Custom Butchering/Meat Curing/Processing and On-site Ag-processing be allowed as permitted uses as long as a 100-foot minimum setback could be met. If the agricultural activity could or would not meet the 100-foot minimum setback, a Special Use Permit would be required. In addition, Staff recommends that Ag-Processing be permitted with a 300-feet minimum setback. Again, if the operation cannot meet this requirement, a Special Use Permit would be required.

Current Zoning Regulations permit Meat Cutting in the General Business districts. Staff has proposed replacing Meat Cutting with a new definition for Custom Butchering/Meat Curing/Processing in the General Business districts as a permitted use.

Current Zoning Regulations permit both Ag-processing and Meat Cutting in the Light Industrial districts. Staff is recommending that Custom Butchering/Meat curing/Processing replace Meat Cutting, and along with On-site Ag-processing, be allowed as permitted uses. In addition, Staff recommends that Ag-Processing and Slaughterhouses/Meat Packing Plants be permitted with a 300-feet minimum setback. If the operation cannot meet this requirement, a Special Use Permit would be required. Upon the Planning and Zoning Commission’s recommendation, Commercial Feedlots would require a special use permit in the Light Industrial Zone.

Our Zoning Regulations currently permit Ag-processing, Commercial Feedlots, and Meat-cutting in the Heavy Industrial Zoning Districts. Staff is recommending that Custom Butchering/Meat Curing/Processing replace Meat Cutting, and along with On-site Ag Processing, be allowed as permitted uses. Currently Slaughterhouses/Meat Packing Plants are allowed with a Special Use Permit. Staff is recommending that Ag-Processing, Commercial Feedlots, and Slaughterhouses/Meat Packing Plants be permitted with a 300-feet minimum setback. Again, if the operation cannot meet this requirement, a Special Use Permit would be required.

VI. PROPOSED TEXT AMENDMENTS
The following proposed amendments to Article 2 (Definitions); Article 6 (RU, Rural Zoning District); Article 12 (GB, General Business Zoning District); Article 13 (LI, Light Industry Zoning District); Article 14 (HI, Heavy Industry Zoning District); and Article 18 (Site Development Standards) are shown in boldface below with deletions shown with strikeout.


Article 2 (Definitions):

Agriculture, General - A tract containing a minimum of 5 contiguous commercial acres which is being used for the production of farm, garden, or orchard crops, or the grazing or raising of farm animals, including feeding pens that are incidental and subordinate to a grazing operation. Examples of commodities produced include are vegetables, fruit trees, grapes, cotton, grain, poultry, horses, cattle, sheep and swine. The term "general agriculture" includes such uses as the necessary treatment, packing or storage of farm products produced on premises, the sale of any farm crops or livestock raised on premises, and any signs, structures, or fences utilized for these agricultural functions. By statute “general agriculture” includes dairy operations, including areas designated for raising heifers and bulls owned by the same dairy operation that is on property contiguous to the dairy operation or within one-quarter of a mile. It does not include signs advertising off-premise facilities, junkyards, other retail sales, manufacturing, any non-agricultural services, stockyards, slaughterhouse/s, meat packing plants, commercial pen feeding, production wineries, bone yards, plants for the reduction of animal matter, poultry feeding operations, or agricultural processing services plants.

Agricultural Processing Services – Those services which alter the condition of and add value to a marketable, agricultural commodity through a processing activity. Agricultural processing services do not include slaughterhouses/meat packing plants, commercial feedlots, bone yards, or facilities for the reduction of animal matter.

Onsite Agricultural Processing Services – An agricultural processing service located in Growth Category D where at least 70% or more of the crop input for the facility is grown on site.

Delete the following:
Meat Cutting and Butchering –A service consisting of the cutting up of meat for sale, but not the killing or slaughtering of live animals, a slaughterhouse or meatpacking plant.
Replace with the following:
Custom Butchering/Meat Curing/Processing – The cutting up, curing, and processing of meat, to include on-site butchering, operating under the Arizona Department of Agricultural slaughter license for more than 45 head and not to exceed 150 head of cattle and more than 45 head and not to exceed 160 head of sheep, goats, or swine in one calendar year.

Feedlot Commercial – A feeding operation on a parcel of land where livestock are maintained in a corral, pen, or other area on a sustained basis, where feed is brought on the parcel, and where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosed/penned areas on the property during the course of an normal growing season. regulated by the ADEQ Concentrated Animal Feeding Operations per A.A.C. R-18-9-A901. It is operated for the primary purpose of feeding and fattening animals for direct or eventual shipment to market or slaughter. Pastures used for the grazing of livestock and feeding pens for livestock are not considered commercial feedlots. Feeding pens for livestock that are incidental and subordinate to a grazing operation are not commercial feedlots.

Restaurants, Bars, Taverns, Nightclubs and Off-site Winery Tasting Rooms – An establishment which prepares and serves food and/or beverages on a commercial basis and may include entertainment.

Slaughterhouse/Meat Packing Plant – A facility for the slaughtering, refining, processing, storage and distribution of animals and animal byproducts.

Winery, Farm – An on-site agricultural processing service in which grapes grown on-site are processed into wine, not to exceed 40,000 gallons per year.
Winery, Production – An agricultural processing service in which grapes grown on-site or off-site are processed into wine, in quantities greater than 40,000 gallons per year.
Winery Tasting Room – A building or portion thereof, subordinate in size and accessory to a Farm or Production Winery operation, in which wine may be sampled for purchase. A Winery Tasting Room may also include incidental retail sales of wine and related products.

Article 6 (RU, Rural Zoning District): Add to Permitted Principal Uses:

603.17 On-site agricultural processing with 100-foot minimum setback.

603.18 Custom butchering/meat curing/processing with 100-foot minimum setback.

603.19 Ag-Processing with 300-foot minimum setback.

Delete from Special Uses:

607.20 Meat Cutting or butchering operations.

Add to Special Uses:

607.20 Custom butchering/meat curing/processing with less than a 100-foot minimum setback.

607.55 On-Site agricultural processing with less than a 100-foot minimum setback.

607.57 Ag-Processing with less than a 300-foot minimum setback.

ARTICLE 12 – GENERAL BUSINESS DISTRICT: Delete from Permitted Principal Uses:

1202.34 Meat-cutting and Butchering shops.

Add to Permitted Principal Uses:

1202.34 Custom Butchering/meat curing/processing.

ARTICLE 13 – LIGHT INDUSTRY DISTRICT

Delete from Permitted Principal Uses:

1302.23 Meat cutting and butchering shops.

Add to Permitted Principal Uses:

1302.23 Custom butchering/meat curing/processing.

1302.40 On-site Agricultural processing.

1302.41 Ag-Processing with 300-foot minimum setback.

1302.42 Slaughterhouses/Meat Packing Plants with a 300-foot minimum setback.

Add to Special Uses:

1305.18 Commercial feedlots.

1305.19 Ag-processing with less than 300-foot minimum setback.

1305.20 Slaughterhouses/Meat Packing Plants with less than a 300-foot minimum setback.

ARTICLE 14 – HEAVY INDUSTRY DISTRICT

Remove from Permitted Principal Uses:

1402.11 Meat cutting and butchering shops.

Add to Permitted Principal Uses:

1402.11 Custom butchering/meat curing/processing.

1402.29 On Site Agricultural Processing.

1402.30 Commercial feedlots with 300-foot minimum setback.

1402.31 Slaughterhouse/meat packing plants with 300-foot minimum setback.

1402.32 Ag-Processing with 300-foot minimum setback.

Add to Special Uses:

1405.13 Commercial Feedlots with less than 300-foot minimum setback.

1405.09 Slaughterhouse/Meat Packing Plants/Meat Packing Plants with less than 300-foot minimum setback.

1405.10 Ag-Processing with less than 300-foot minimum setback.

ARTICLE 18 – SITE DEVELOPMENT STANDARDS

1804.05 Schedule of Required Off-Street Parking

Use

COMMERCIAL/OFFICE
Restaurants, Bars, Taverns, Nightclubs, Winery Tasting Rooms

RECOMMENDATION
Staff recommends that the Board approve Docket R-12-02 as proposed.

If the Board of Supervisors approves Docket R-12-02, the County will amend the language in the Zoning Regulations regulating agricultural uses.

The County would continue to regulate agricultural uses per the existing Regulations.

Please send one RECORDED copy of the Zoning Ordinance to the Planning Department.