HomeMy WebLinkAbout08/06/2007 Item 009 RESOLUTION NO. 2007-356 A RESOLUTION SETTING FORTH A REZONE OF A PORTION OF PARCEL 5, ROLLING HILLS ESTATES, OF THE SOUTH 356.4 FEET OF THE NORTH 880.11 FEET, IN THE E 1/2 SW 1/4 NW 1/4 OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 19 WEST, FROM A-R/36A (AGRICULTURAL-RESIDENTIALffHIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/5A (AGRICUL TURAL-RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONE, IN THE GOLDEN V ALLEY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 6, 2007, a public hearing was conducted to determine whether approval should be granted to Rezone the above-described property as requested by Frank McCafferty of Urban Interests, of Golden Valley, Arizona, representing Richard Moeller of Vail, Arizona, and WHEREAS, this property is located east of Egar Road between Zuni Drive and Chinle Drive. The site is accessed from State Highway 68, via Egar Road to Zuni Drive to Guthrie Road, then north on Guthrie Road to Todilto Drive, then east on Todilto Drive to an unnamed road, then north on the unnamed road approximately 440 feet to the property located on the north side. The property is vacant land. The terrain is flat, generally sloping to the southwest. The surrounding land uses consist of vacant land and widely scattered single-family residences. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) to allow compliance of a residential parcel. The size of this parcel is approximately 5.40 acres. The Mohave County General Plan and the Golden Valley Area Plan designates this area as a Rural Development Area, and WHEREAS, the County Assessor's Office provides that the above-described property was created on December 14, 1994. The parent parcel for this property is APN: 339-25-005. Both this parcel and the above-described parcel were created from a 200-plus-acre parent parcel, APN: 339-04- 042, and WHEREAS, the applicant has incurred significant expenses creating legal and physical access along Guthrie Road, Todilto Drive, and the eastern portion of Parcel 339-25-027, and 9 RESOLUTION NO. 2007-356 PAGE 2 WHEREAS, according to the Water Improvement District there were ten water allocations dedicated to the original Parcel 339-04-042, being a portion of the SW 1/4 and SW 1/4 NW 1/4 of Section 28, Township 22 North, Range 19 West. The Department also advises that it is the responsibility of the current property owners to assign the ten (10) water allocations. During this process all property owners shall sign and notarize a form provided by the Mohave County Improvement District. All petitions to pressurize Zone H shall reach 51 percent before any water is serviced to Guthrie Drive. The applicant shall file a new petition requesting the establishment of water services to this parcel. The Department also advises there is no water currently available to this property, and WHEREAS, the site is within the Golden Valley Fire District. The site is served by the Golden Valley Improvement District water system, but not a sewer system. The site is not served by electric power or telephone service. Guthrie Road and Todilto Drive are not paved, and are not on the County's road maintenance system, and WHEREAS, the Mohave County General Plan states that the location of development has a significant impact on the demands for public facilities and services, the costs of infrastructure construction and the cost-effectiveness of public service provision. A sprawling, low density development pattern is more costly to serve than is a compact pattern. Development within areas that are already adequately served reduces the need for expensive extensions of facilities to new areas. For these reasons, the land use plan for a community has important implications for the quality and cost of public services available to its residents. A Rural Development Area is an area where residents presently enjoy a rural lifestyle, wide open spaces and few neighbors. Most of the land in Mohave County is included in this area type. Properties in these areas are generally at least five (5) acres in size, and many are much larger than this, and WHEREAS, Policy 11.7 of the General Plan states that Mohave County shall only approve requests for rezoning, special permits, the division of land, other new development proposals or public projects that are consistent with the Land Use Diagrams, the policies contained in the Land Use Element and the other Elements of this General Plan, as further set forth in the County's Development Regulations, and WHEREAS, Policy 11.8 of the General Plan states that a residential proposal's density shall be considered consistent with the applicable Land Use Diagram if the average gross density of the entire project is within the range of the land use category for the property. Mohave County may approve projects at any density within this range, if consistent with zoning regulations; the category does not ensure approval at the maximum density. The actual density approved will take into consideration the policies found in the other elements of the General Plan. Land within a Hoodway should be excluded from density calculations. Floodway fringe lands may be included in the calculation if development can be appropriately engineered, and WHEREAS, Policy 11.9 of the General Plan provides that within a residential land use category's density range, several factors should be considered in reviewing and approving individual development proposals, including the effect on the County's ability to achieve other General Plan goals and policies, including the creation of a safe and eflicient roadway network and provision for sufficient areas to place a home site, well head and septic system outside of the FEMA I DO-year flood hazard area, and RESOLUTION NO. 2007-356 PAGE 3 WHEREAS, Policy 13.4 of the General Plan provides that when determining the maximum density of rural development, the county shall consider the availability of services, access to the properties, natural resources and environmental constraints on the property, and the cumulative impacts of development within the Rural Development Area, and WHEREAS, Policy 29.7 of the General Plan provides that parcels created, via the rezone process, that are between one (1) and ten (10) acres in size, shall have sufficient areas to place a home site, well head and septic system in a flood-free zone, and WHEREAS, Policy 51.4 of the General Plan provides that streets and native material roadways shall be designed to provide safe access for vehicles normally accessing developed parcels and for emergency and service vehicles, and WHEREAS, Policy 54.7 of the General Plan provides that the County should not promote exurban residential development through its rezoning process when site adjacent roadways are not maintained, and WHEREAS, Policy 57.4 of the General Plan provides that the County shall limit the increase in housing density, via the rezone process, outside of fire districts and in areas where roadways are substandard, and WHEREAS, A review of FEMA FIRM Panel #040058-2120D indicates the parcel described to be partly in Zone A, in the Special Flood Hazard Area and partly in Zone C, not in the Special Flood Hazard Area, and WHEREAS, the following described Findings of Fact are for the above-captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the ~Johave County General Plan and the Golden Valley Area Plan c. The site is adequate for the action intended and the use is compatible with the surrounding land uses and terrain. d. The neighboring area contains other land uses similar to the above-proposed action. e. The site has legal and physical access (via deed). f. There are no known significant environmental features affecting the site, except the noted Special Flood Hazard Area.' g. The Water Improvement District advises there were ten (10) water allocations dedicated to the original parcel 339-04-042, being a portion of the SW 1/4 and SW 1/4 NW 1/4 of Section 28, Township 22 North, Range 19 West. The Department also advises that it is the responsibility of the current property owners to assign the ten (10) water allocations. h. The County Assessor's Office provides that the above-described property was created on December 14, 1994. 1. The parent parcel for the above-described property is APN: 339-25-005. Notably, this parent parcel and the above-described property are descendants from the 200-plus-acre parent parcel 339-04-042. RESOLUTION NO. 2007-356 PAGE 4 J. The applicant has incurred significant expenses creating legal and physical access along Guthrie Road, Todilto Drive, and the eastern portion of Parcel 339-25-027. k. The approval of this Rezone would allow compliance of a 5-plus-acre parcel. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on July 11,2007, the Commission recommended APPROVAL for a Rezone subject to the following: 1. This property \vill be rezoned A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size). No new parcels shall be created with this rezone. ') The applicant shall file a new petition with the Golden Valley Improvement District to .... establish water services to this parcel. In addition, all petitions to pressurize Zone H shall reach 51 percent before any water services are provided to this portion of Guthrie Drive. 3. The submittal and recordation of a Parcel Plat prepared in accordance with Chapter 7, Minor Land Divisions, of the Mohave County Land Division Regulations, and 102.01-03 of the Standard Specifications and Details is required. 4. The gross acreage of the parent parcel(s) and the total acreage of the resulting proposed parcels may differ, as the number of parcels, their configuration, and the possibility of the need for roadway easements and/or dedications will not ultimately be known until the approval and recordation of a parcel plat for this property. 5. Roadway rights-of-way/easements shall be dedicated/granted as necessary to provide legal access to all parcels. Said rights-of-way/easements may be public or private. Any rights-of-way/easements dedicated/granted to the County shall be accepted by the Board of Supervisors. Mohave County Public Works will review the right-of-way/easement requirements with the Surveyor of Record prior to or during the Parcel Plat submittal. 6. All public easements granted and rights-of-way dedicated on the Parcel Plat will be accepted by the Board of Supervisors upon Parcel Plat recordation. 7. Each parcel shall meet or exceed its respective acreage exclusive of roadways. 8. Each parcel shall have legal access. 9. The applicable flood zone(s) shall be noted on the Parcel Plat. 10. All wastewater disposal systems must meet all current applicable State laws and/or local policies/ordinances. Depending on the type of facilities that are eventually built on these parcels and the amount of sewage flow, an alternative system may need to be designed. 11. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. The permits will not be issued until Parcel Plat recordation. RESOLUTION NO. 2007-356 PAGE 5 12. The Rezone shall not become effective until at least thirty (30) days aHer linal approval of the change in classification by the Board of Supervisors, as per ARS ll-829E. 13. If the required Parcel Plat prepared in accordance with Chapter 7, Minor Land Divisions, of the Mohave County Land Division Regulations and 102.01-03 of the Standard Specifications and Details is not recorded within one (1) year of Board of Supervisors approval, this rezone approval will be void. All other conditions are to be met upon the development of the property. Before the approval is declared void, the Board of Supervisors (after notification by registered mail to the owner and the applicant who requested the rezoning) shall schedule a public hearing to grant an extension, determine compliance with the schedule for development, or cause the property to revert to its former zoning classification. This action is in accordance with Arizona Revised Statutes Annotated, Title 11, Chapter 6. 11-832. WHEREAS, the notice of hearing was published in The Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on July 22, 2007 and was posted on July 20, 2007, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, August 6, 2007, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST Pete Byers, Chairm,m Barbara Bracken, Clerk 18. Evaluation of a request for a REZONE of a portion of Parcel 5, ROLLING HILLS ESTATES, of the south 356.4 feet of the north 880.11 feet, in the E 1/2 SW 1/4 NW 1/4 of Section 28, Township 22 North, Range 19 West, from A-R/36A ( Agricultural- Residen tiaUTh irty -six Acre Minimum Lot Size) zone to A-R/5A ( Agricultural- ResidentialIFive Acre Minimum Lot Size) zone, in the Golden Valley Area, Mohave County, Arizona. This evaluation is to determine whether approval should be granted to Rezone the above- described property as requested by Frank McCafferty of Urban Interests, of Golden Valley, Arizona, representing Richard Moeller of Vail, Arizona. This property is located east of Egar Road between Zuni Drive and Chinle Drive. The site is accessed from State Highway 68, via Egar Road to Zuni Drive to Guthrie Road, then north on Guthrie Road to Todilto Drive, then east on Todilto Drive to an unnamed road, then north on the unnamed road approximately 440 feet to the property located on the north side. The property is vacant land. The terrain is flat, generally sloping to the southwest. The surrounding land uses consist of vacant land and widely scattered single-family residences. There are no significant drainage patterns. The applicant requests this zone change to A-RJ5A (Agricultural-Residential/Five Acre Minimum Lot Size) to allow compliance of a residential parcel. The size of this parcel is approximately 5.40 acres. The Mohave County General Plan and the Golden Valley Area Plan designates this area as a Rural Development Area. The County Assessor's Office provides that the above-described property was created on December 14, 1994. The parent parcel for this property is APN: 339-25-005. Both this parcel and the above-described parcel were created from a 200-plus-acre parent parcel, APN: 339-04- 042. The applicant has incurred significant expenses creating legal and physical access along Guthrie Road, Todilto Drive, and the eastern portion of Parcel 339-25-027. According to the Water Improvement District there were ten water allocations dedicated to the original Parcel 339-04-042, being a portion of the SW 1/4 and SW 1/4 NW 1/4 of Section 28, Township 22 North, Range 19 West. The Department also advises that it is the responsibility of the current property owners to assign the ten (10) water allocations. During this process all property owners shall sign and notarize a form provided by the Mohave County Improvement District. All petitions to pressurize Zone H shall reach 51 percent before any water is serviced to Guthrie Drive. The applicant shall tile a new petition requesting thc establishment of water services to this parcel. The Department also advises there is no water currently available to this propert}.. The site is within the Golden Valley Fire District. The site is served by the Golden VaHey Improvement District water system, but not a sev,'er system. The site is not served by electric power or telephone service. Guthrie Road and TodiIto Drive are not paved, and arc not on the County's road maintenance system. The Mohave County General Plan states that the location of development has a significant impact on the demands for public facilities and services, the costs of infrastructure construction and the cost-effectiveness of public service provision. A sprawling, low density development pattern is more costly to serve than is a compact pattern. Development within areas that are already adequately served reduces the need for expensive extensions of facilities to new areas. For these reasons, the land use plan for a community has important implications for the quality and cost of public services available to its residents. A Rural Development Area is an area where residents presently enjoy a rural lifestyle, '!vide open spaces and few neighbors. Most of the land in Mohave County is included in this area type. Properties in these areas are generally at least five (5) acres in size, and many are much larger than this. Policy 11.7 of the General Plan states that Mohave County shall only approve requests for rezoning, special permits, the division of land, other new development proposals or public projects that are consistent with the Land Use Diagrams, the policies contained in the Land Use Element and the other Elements of this General Plan, as further set forth in the County's Development Regulations. Policy 11.8 of the General Plan states that a residential proposal's density shall be considered consistent with the. applicable Land Use Diagram if the average gross density of the entire project is within the range of the land use category for the property. Mohave County may approve projects at any density within this range, if consistent with zoning regulations; the category does not ensure approval at the maximum density. The actual density approved will take into consideration the policies found in the other elements of the General Plan. Land within a floodway should be excluded from density calculations. Floodway fringe lands may be included in the calculation if development can be appropriately engineered. Policy 11.9 of the General Plan provides that within a residential land use category's density range, several factors should be considered in reviewing and approving individual development proposals, including the effect on the County's ability to achieve other General Plan goals and policies, including the creation of a safe and eflicient roadway network and provision for suilicient areas to place a home site, well head and septic system outside of the FEMA 100-year flood hazard area. Policy 13.4 of the General Plan provides that when determining the maximum density of rural development, the county shall consider the availability of services, access to the properties, natural resources and environmental constraints on the property, and the cumulative impacts of development within the Rural Development Area. Policy 29.7 of the General Plan provides that parcels created, via the rezone process, that are between one (1) and ten (10) acres in size, shall have sufficient areas to place a home site, well head and septic system in a flood-free zone. Policy 51.4 of the General Plan provides that streets and native material roadways shall be designed to provide safe access for vehicles normally accessing developed parcels and lor emergency and service vehicles. Policy 54.7 of the General Plan provides that the County should not promote exurban residential development through its rezoning process when site adjacent roadways are not maintained. Policy 57.4 of the General Plan provides that the County shall limit the increase in housing density, via the rezone process, outside of fire districts and in areas where roadways are substandard. A review of FEMA fIRM Panel #040058-21200 indicates the parcel described to be partly in Zone A, in the Special Flood Hazard Area and partly in Zone C, not in the Special Flood Hazard Area. FINDINGS OF FACT: The following described Findings of Fact arc for the above-captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan and the Golden Valley Area Plan c. The site is adequate for the action intended and the use is compatible with the surrounding land uses and terrain. d. The neighboring area contains other land uses similar to the above-proposed action. e. The site has legal and physical access (via deed). f. There are no known significant environmental features affecting the site, except the noted Special Flood Hazard Area.' g. The Water Improvement District advises there were ten (10) water allocations dedicated to the original parcel 339-04-042, being a portion of the SW 1/4 and SW 1/4 NW 1/4 of Section 28, Township 22 North, Range 19 West. The Department also advises that it is the responsibility of the current property owners to assign the ten (10) water allocations. h. The County Assessor's Office provides that the above-described property was created on December 14, 1994. 1- The parent parcel for the above-described property is APN: 339-25-005. Notably, this parent parcel and the above-described property are descendants from the 200-plus-acre parent parcel 339-04-042. J. The applicant has incurred significant expenses creating legal and physical access along Guthrie Road, Todilto Drive, and the eastern portion of Parcel 339-25-027. k. The approval of this Rezone would allow compliance of a 5-plus-acre parcel. STAFF RECOMMENDATION: Staff recommends APPROVAL for the proposed Rezone subject to the following: 1. This property will be rezoned A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size). No new parcels shall be created with this rezone. 2. The applicant shall file a new petition with the Golden Valley Improvement District to establish water services to this parcel. In addition, all petitions to pressurize Zone H shall reach 51 percent before any water services are provided to this portion of Guthrie Drive. 3. The submittal and recordation of a Parcel Plat prepared in accordance with Chapter 7, Minor Land Divisions, of the Mohave County Land Division Regulations, and 102.01-03 of the Standard Specifications and Details is required. 4. The gross acreage of the parent parcel(s) and the total acreage of the resulting proposed parcels may differ, as the number of parcels, their configuration, and the possibility of the need for roadwav easements and/or dedications will not ultimately be known until the approval and recordation of a parcel plat for this property. 5. Roadway rights-of-way/easements shall be dedicated/granted as necessary to provide legal access to all parcels. Said rights-of-way/easements may be public or private. Any rights-of-way/easements dedicated/granted to the County shall be accepted by the Board of Supervisors. Mohave County Public Works will review the right-of-way/easement requirements with the Surveyor of Record prior to or during the Parcel Plat submittal. 6. All public easements granted and rights-of-way dedicated on the Parcel Plat will be accepted by the Board of Supervisors upon Parcel Plat recordation. 7. Each parcel shall meet or exceed its respective acreage exclusive of roadways. 8. Each parcel shall have legal access. 9. The applicable Hood zone(s) shall be noted on the Parcel Plat. 10. All wastewater disposal systems must meet all current applicable State laws and/or local policies/ordinances. Depending on the type of facilities that arc eventually built on these parcels and the amount of sewage flow, an alternative system may need to be designed. 11. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. The permits will not be issued until Parcel Plat recordation. ] 2. The Rezone shall not become effective until at least thirty (30) days after final approval of the change in classification by the Board of Supervisors, as per ARS 11-829E. 13. If the required Parcel Plat prepared in accordance with Chapter 7, Minor Land Divisions, of the Mohavc County Land Division Regulations and 102.01-03 of the Standard Specifications and Details is not recorded within one (1) year of Board of Supervisors approval, this rezone approval will be void. All other conditions are to be met upon the development of the property. Before the approval is declared void, the Board of Supervisors (after notification by registered mail to the owner and the applicant who requested the rezoning) shall schedule a public hearing to grant an extension, determine compliance with the schedule for development, or cause the property to revert to its former zoning classification. This action is in accordance with Arizona Revised Statutes Annotated, Title 11, Chapter 6,11-832. Mohave County Planning and Zoning Commission P.O. Box 7000 Kingman Arizona 86402-7000 APPLICA TION FOR A REZONE D'ear Sir: l(~ f,c/r;d (J1~IIeR- hereby request the rezoning of: ,/f{J 356. t IUrA 't/,e- ~ '/I!I. 'oR:I/..lVtJst; cful9llT~al dC3eriptiol'l of subject prgpe~')5.e7i.?V' Assessor's Parcel Number (APN) 331 -:J-E; -- aOry From: fl-1<-..s6 Proposed to be: 171<-5 (Current Zoning) (Proposed Zoning) For the purpose of: _&~jp 17im"i' Res lo/6VUYi ! (Propos a use of Property) and request that the Board of Supervisors set this matter for public hearing following evaluation by the Planning and Zoning Commission. Present use of property: 1/"../fTAA/"{: Zoning /)1< -26 Owner: (prOOfreqUired*)-f!~~~ ~. ~'v(1t~1 Owner: (address)/9J35' <7 ~ W ~ . , ~{tt.JI' rl.-J; Phone:--1-.>2o~. TLZ -91.c)3 Property owner concurs: &~~"j( y~~ (Owner's Signature Required) SUB\1IT TE!\ (10) COPIES OF 8 1/2 X 11 SITE PLAN AND DR.\. WING WITH TEN (10) COPIES OF THIS FORM (TO BE FILLED IN IF O\VNER AND APPLICANT DIFFERENT) Applicant's interest in the property fJO;Jf - ~B'V-t:- ~ ~~ tfPH//t/L?/Z Applicant: .~A/k 1l7CC-t:;~IZZY'-- Up.6/J/V'.J:N7el'<esq Address: 7/P- S ~vt:A. /3.os~Ae ~eI GdlckA/ ~/k7 City: ~tk../U;/t/ State: /12.... Zip gb'If/5 Phone: Urf-!!6{;-WI3 .ONE (I) PROOF OF OWNERSHIP: Recorded Warranty or Joint Tenancy Deed; a Quit Claim Deed is not acceptable. !' .,~. .". "..r":~ _ _.. ".., ..." .n ""..,._.,. Date submitted Received by: . . Fee Receipt No.: Ten (10) Copies Received: .:. . Application: Other: Sketch: -':-, 1 -; ?[iC;i ;, j~ J! ~g:;;:_:~~~:.:~ -- .. - . ? --~~..... -", .~... :~.~;:':::::I".~::::':':';-~.::.::": 4 Proposed Rezone of an Existing 5+ Acre Parcel the South 356.4' of the North 880 . 11 ' of the E 1/2. SW 1/4. NW 1/4. being a Portion of Parcel 5. Rolling Hills Estates. located in Section 28. Township 22 North. Range 19 West. Mohave Count y. Arizona 339-25- 339-25- 038 038 339-25-009 ff)("~T/"".J 5. 'f I'ICff.J? fH!.ce/ el'>~ /1;<-56 W W (,Q Subject I ru 01 Propert~ I w 0 w"'U ru lOW w 339-25-007 I"'"'J NO OlCO I I--' 0 I rum - GJ 30' IE,-\ c & PUE I rn rt'" -o"'U P",d.,R,..J fO'i!. I to :r (l) J -OW AR-5 I-prllu.~ J "'"'J)>- 1-'- ruo:o Parcel 58 CD CD co I PP 28/68 JJ .........1--'01 0 IJ 0l(Jl (l) 0 CD)>- D. 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I ~ 0 . - .. . ~L----..J- ~-- 'I.I/)~"'IPP D~ ",___ 0:: _ S Sections 28 and 29 T 22 N, R 19 W Zoning Map Section 28 ALL ZONING Section 29; ! 3 A-R/36A .. .. ........... . ..... I i I 3 EXCEPT AS . .................. I I 339-25-435 NOTED . . - - .---- 3 ~ 'I -> ...- :-:-:-: 339~25'()38 l Subject , ..... .. .4 . Property 39-25.c21 ~..._ ... r' I .......... I ---~_. I 33 - . .. A R/2A .. ......... . .. 339-2S.c09 .............. _ , . . . .. .. .. - 339-25"J26 .._-.-~~~i~r;~~~ _ A-R/8A - , . . - . . ! . . . . - . I i - - . . . . 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