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Williams winery faces zoning hurdles before wine sales can begin

Louie and Ann Serna stand next to wine casks at Wagon Wheel Winery. The two hope to sell wine at the location but the location of their winery is not zoned accordingly. Ryan Williams/WGCN

Louie and Ann Serna stand next to wine casks at Wagon Wheel Winery. The two hope to sell wine at the location but the location of their winery is not zoned accordingly. Ryan Williams/WGCN

WILLIAMS, Ariz. - Ann Serna of the Wagon Wheel Winery has more than 400 cases of wine that are currently being made or that are all ready to serve to customers. But with her property not fitting in to any of the county's zoning guidelines, Serna is unable to sell any of it.

The Wagon Wheel Winery is located about eight miles east of Williams at 7545 E. Old Route 66. In the summer of 2013 Ann and her husband Louie planted about 1,200 grapevines that are able to withstand conditions at a higher altitude, including freezing temperatures.

While those grapes won't be ready to use for about four years, the Sernas bought grapes from southern Arizona and California to turn into wine, with the hopes of opening this spring. However, after getting a liquor license from the state, the Sernas said they were shocked to discover that the county's zoning ordinance does not recognize wineries.

"I'm looking at hurdles from here to heck," Ann said. "The actual opening of the winery is going to be on hold until me and the county can come to an agreement of what needs to be done."

The Wagon Wheel Winery is in the county's general zone, which allows for the sale of products raised on the premises. However, the zone does not allow for importing grapes from other farms, processing grapes or opening a tasting room, according to Planning and Zoning manager Jeanne Trupiano.

"The use moves from the sale of products raised on the premises to the production and sale of a beverage that exceeds the permitted definition," she said. "Therefore, the Coconino County Zoning Ordinance sees the growing and selling of the grapes from the property a permitted use but the production, aka distilling, storing and packing, a commercial use."

Processing the grapes would require that the winery meet other standards as well with the environmental quality division. If the Sernas use one of their private wells to make wine to sell to the public, the water would need to meet certain requirements. In addition, the Sernas might have to upgrade their wastewater system to handle the waste that wine making produces.

"There are lots of things that are a little different than just raising an animal or growing corn and selling it," Trupiano said.

Other counties in the state have designations for farm wineries that allow for the growth and production of grapes. The winery can then apply for different permits for other uses such as tasting rooms. Some counties require wineries to use a certain percentage of their own grapes compared to the grapes they import from other areas.

Coconino County has been looking into the zoning rules other counties have for wineries, according to County Planner Kate Morley.

"We just don't have the climate for most people to grow grapes," she said. "It's not something we see like they see down in Cochise County or Yavapai County."

The Sernas acknowledged that their zoning request was a unique one.

"We're pretty much pioneers of this push because there's no one to go to in this country that has (a winery at) 7,000 feet," Louie said.

Options

One way the Sernas could move forward with their winery plans would be to amend the Parks Area Plan. The plan currently doesn't allow for commercial use where the Wagon Wheel is located at the Pittman Valley interchange. The Sernas would need to go through a public hearing process with Parks area residents about any potential plan amendments. The Planning and Zoning Commission and the Board of Supervisors would also need to approve any plan amendments.

Meanwhile, the Coconino County Planning and Zoning Division is currently updating its zoning ordinance, which may include a new use for agritourism. The agritourism classification would apply to properties that have a primary agricultural use and a secondary tourism use within the general zone and agricultural residential zone.

Although the agritourism designation is still in development, it could include uses like ranchers offering horseback rides, farmers putting on harvest festivals, or dude ranches opening a bed and breakfast.

"Depending on what the winery wants to do, they may or may not fit this definition," Morley said. "They'd have to be growing a significant amount of grapes on site to be able to fit the definition. If most of it is importing grapes and it's really just a tiny amount of grapes grown on site, they may not fit this definition."

Morley said planners left the agritourism definition broad so people could be creative with it. However, she said Wagon Wheel representatives could propose a definition that works for their intended use if the current one does not.

"I can drive a general definition that applies to many people, but if you're really looking for a definition of some use that's going to suit just you like a winery... I can't really push that through on their behalf because then it looks like I'm playing favorites for one business," Morley said.

The Planning and Zoning department is currently collecting public comments for the agritourism designation under the Community Agriculture draft amendment to the zoning ordinance. After the planners incorporate the public comments, the amendment will go in front of the Planning and Zoning Commission, which will make a recommendation to the Board of Supervisors, who will have the final vote. It is expected to be complete in mid to late summer of this year. More information is available at http://www.coconino.az.gov/DocumentCenter/View/8708.

Coconino County Supervisor Matt Ryan said the county is trying to help the Sernas, but that in cases like these property owners and county officials need to go through the appropriate process.

"We're trying to come up with remedies but they take a while," he said. "The part that a lot of people grumble about is how slow government works, but part of the reason for that happening, particularly when it comes to zoning, is that we need to have public involvement associated with it. If we don't go through public process there's potential conflict with community."

He added that although zoning conflicts can be frustrating, the ordinance is in place to protect property owners.

"When you go to do something you don't know all the processes, and I think they're going through a discovery associated with that," he said.


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