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Home My WebLink About94-362 5'.:~.. i.t." ,1JP .. -~,~ . . 5 rnn G MICROFILMEll ~94- rxE9 :1269 l:IK 2499 PG &7: OFfICIAL REtORDS Of nOHAVE COUNTY Al. *JOAH McCALL, MOHAVE COUNTY RECORDE~~ 12/08/94 11:30 A.H. PAGE i OF 5 HOHAVE COUNTY BOARD OF SUPERVISORS RECORDING fEE 0.00 He RESOLUTION NO. 94-362 A RESOLUTION aMENDING ARTICLES II AND III or THE MORAVE COUNTY SUBDIVISION REGULATIONS TO PROVIDE FOR COUNTY REVIEW OF MINOR LAND DIVISIONS IN ACCORDANCE WITH A.R.S. 11-809 WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on October 4, 1994, a public hearing was conducted to determine whether Articles II and III of the MohaNe County Subdivision Regulations should be amended. and WHEREAS, the 1994 Arizona 8tate Legislature adopted 8BI088 which amended the definition of subdivision from a division of three or fewer lots to a diVision of five or fewer lots, and WHEREAS, 8BI088 amended A.R.8. 11-806 to allow counties to adopt ordinances and regulations for staff review of minor land divisions to determine compliance with minimum applicable zoning requirements and legal access, and WHEREAS, 8BI088 allows subdividers to create deficient lots that do not comply with minimum applicable zoning requirements and/or have legal access only if those deficiencies are noted on the deed, and WHEREAS, minor land divisions that create lots that do not meet minimum applicable zoning requirements cannot receive a building permit without rezoning and complying with Environmental Health requirements, and WHEREAS, it County to allow disclosure, and is not in the best interest of consumers or Mohave the creation of deficient lots without accurate WHEREAS, the Mohave County Planning and Zoning Oepartment is the best entity to determine compliance with minimum applicable zoning requirements, and Public Works, Cartography and Planning and Zoning are best able to determine the provision of legal access, and WHEREAS, the Planning and Zoning Commission held a public hearing on August 10, 1994, where the item was continued to the August 25, 1994, meeting and then continued to the September 14, 1994, meeting, and " . .. " i....; . 5 873 (FEE~94-71269l .AGE: :2 OF BK 24'9 PG RESOLUTXON NO, 94-362 Page 2 WHEREAS, at a public hearing on September 14, 1994, the Mohave County Planning and Zoning Commission recommended amending the Mohave County Subdivision Regulations by adding the following (language to be added is in bold letters): 1. To Article II, Section 2.2 Words and Terms Defined: Leaal Access: A permanent ingress/egress easement or dedicated right-of-way which runs witb the land and provides access from any particular parcel to an e~d8ting public, county or state roadway to a two-wheel drive motor vehicle. A title report stating that the lot or parcel to be divided has legal access may be 8ubmi tted to demonstrate leaal access. Easements granted or rigbts-of-way dedicated legal access to lots or parcels created by tbe division shall meet the following standards: to provide minor land 1. For minor land divisions that create three lots or less of 20,000 square feet or less, granted easements or dedicated rights-of-way shall be a min~um of 15 feet in width. 2. For minor land divisions tbat create more than three lots or create lots greater than 20,000 square feet, granted easements or dedicated rigbts-of-way sball be a minimum of 30 feet in widtb, whether located entirely on one property or split between adjoining property. Additionally, legal access does not include such rights-of- way provided only by means of recorded or unrecorded contracts of sale: and leaal access does not include rights- of-passage where access is required over property of otbers, wbere no easement or rights-of-way exist as legally available for access to the currently dividing property. 2. To Article III, Application and Procedure and Approval Process, add Section 3.l6A as follows: 3.16A ~inor Land Divisions 3,16A-1 f!JrDose Xn order to ensure that the minor division of land complies with minimum applicable zoning regulations, has legal access and does not constitute a subdivision, it is necessary to establish a ministerial review of all minor land divisions. Xn no way is it intended by this Article to prohibitor prevent the minor division of land as autborized and permitted by Arizona State Law and Mohave COunty Zoning and Subdivision Regulations. >~ '.r ... . ;5 OF " 249' P6 874 (fEEt94-7i269) eG\t ilK RESOLUTION NO. 94-362 Page 3 3.16A-2 ADDl1Cabili tv The provisions of this Article shall apply to llIinor land divisions of property (as specified by A.R.B. 11-809) located within the unincorporated territory of Mohave County and which do not require a rezone. ' 3.16A-3 Permit Aoolication A. Any persons dividing land in Mahave County into five or fewer lots of less than 36 acres, parcels, or fractional interest shall submit an application for a minor land division report to the Planning and Zoning Department. The application shall include a Parcel Plat, as defined in Article 3.16 of these regulations, of the existing parcel, prepared by a registered land surveyor, sbowing the divisions into parcels and the legal access to all of the parcels. B. The applicant shall submit four copies of the Parcel Plat folded to a maxilllUlll of 9" x 12" to fit within a file folder. C. MinilllUlll lot size for lots will be determined by existing zoning, including Environmental Health Department requirements for septic and leach system and water supply. 3.16A-4 Action bv Planning Director The Director of Planning shall review the presented information and shall in writing, within 30 days, approve or deny the minor land division. A denial can only be based on one of the following findings: 1. The parcels resulting from the land division are not in cOIllpliance with the minilllUDl applicable County zoning requirements. 2. The parcels resulting from the land division do not have legal aCcess. 3. The land division would result in a subdivision as defined in A.R.S. 32-2101. If review of the request is not completed within 30 days of receipt of the request, the land division shall be deemed approved. ~.... - '.' '. -.... . .AGE ilK ~ nt 5 2499 PG 875 (FEE~94-71269) RESOLUTION NO. 94-362 Page 4 3.16A-5 Prohibi~ed Ac~ion bv the Coun~v A. The County _y no~ deny approval of eny land division tha~ mee~s the requiremen~. of A.R.S. 11-809 or where non-compliance with minimum zoning regula~ions or legal access have been no~iced in the deed. B. The County may no~ require a public hearing on a reques~ ~o divide five or fewer lots, parcels, or fractional in~eres~s. 3.16A-6 ADDeals If ~he Planning Direc~or denies approval of ~he minor land division, the owner or agent may appeal ~e decision ~o ~he Planning and Zoning Commission and ~e Board of Supervisors. Deadlines for ac~ion contained in ~is section do not apply ~o appeals. The appeal sball be placed on ~e agenda for the next regular mee~ing of the Commission or Board. 3.16A-7 Waivers A. Purpose and Au~hority: The purpose of ~is section is to gran~ autbori ty to the Director of Planning end Zoning ~o take action on requests for minor waivers to the zoning requirements. This au~bority applies to ~e considera~ion of minor land divisions only. B. Permit~ed Waivers: The Director of Planning end Zoning may approve waivers to allow ~e creation of a lo~ ~a~ is no more ~han .03 of an acre or 1\' (whichever is greater) below the required minimum lo~ size. This waiver shall apply only to areas that are zoned for a minimum lot size of one acre or more. The approval of Environmental Heal~h is required prior to the gran~ing of this waive>:. C. Application: An application for a waiver must be filed wi th the Director of Planning and Zoning on a form prescribed by the Director. The application must be accompanied by ~he following: 1. Name and address of ~he applicant. 2. Address and legal description of ~he property. 3. S~a~ement of the precise nature of ~he waiver being requested. ....., ~ ......... -'J-''- . . PAGE: 5 OF BK 2f99 PG :; 876 (FEE~9f-71269) Page 5 RESOLUTION NO. 94-362 D. Findings: In approving a waiver request, the Director of Planning and Zoning shall make a finding that the request complies with Section 3.16A-7B. E. Appeals: If the Director of Planning and Zoning denies a request for a waiver, the appllcant may apply for an appeal before the Board of Supervisors. Deadlines for action contained in this section do not apply to appeals. The appeal shall be placed on the agenda for the next regular meeting of the Board. 3.16A-8 ConsDiracv to Subdivide It shall be unlawful for a person or group of persons acting in concert to attempt to avoid the provisions of this regulation or the subdivision laws of the State of Arizona by acting in concert to divide a parcel of land into six or more lots, or sell or lease six or more lots by using a series of owners or conveyances. This prohibition may be enforced by the County Attorney's Office or the Arizona Depart.ent of Real Estate, or both, pursuant to A.R.S. Title 32, Chapter 20. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, September 18, 1994, and posted September 16, 1994, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regu1ar meeting on Tuesday, October 4, 1994, APPROVED this amendment to the Mohave County Subdivision Regulations as recommended by the MOhave County P1anning and Zoning Commission and outline" herein. MORAVE COUNTY BOARD OF SUPERVISORS ATTEST: ~, e.. {J)ILhL Jo C. Ward, Chairman