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HomeMy WebLinkAbout2007-05 0 ORDINANCE NO. 2007—05 AN ORDINANCE SETTING FORTH AN AMENDMENT OF CHAPTER 3.11.F.1, FINAL PLAT, OF THE MOHAVE COUNTY LAND DIVISION REGULATIONS TO CHANGE THE METHOD OF DETERMINING THE VALUE OF THE TITLE INSURANCE POLICY Section 1: Amend Chapter 3.11.F.1 of the Mohave County Land Division Regulations as follows: Replace Chapter 3.11.F.1.b of the Mohave County Land Division Regulations, (items to be deleted are struck; items to be added are bolded): dedicated and/or upon which granting(,) of easement(s) i9/are issuing. Vi.lua sh111 =ith'r .19^n a . . . . . . . - - _ - - - - - - - • • • ffifenssat' • . -• •- • - •• ._ .. .• - . - - - .. • • . • . r a - .. . . . - • . . - . .. The value of the Title Insurance Policy shall be determined by one of the following methods: 1) If the property was purchased within three (3) years of the submission of the preliminary plat, then the value to be used for the Title Insurance Policy shall be the purchase price divided by the number of gross acres, and then times the number of acres to be dedicated and/or granted to Mohave County as determined by the project engineer. 2) If the property was purchased over 3 years before the submission of the preliminary plat, the value to be used for the Title Insurance Policy shall be the assessed full cash value as it appears on the latest County Assessor's Property Rolls divided by the number of gross acres, and then times the number of acres to be dedicated and/or granted to Mohave County as determined by the project engineer. The Title Policy coverage amount shall be increased up to the maximum insurance for the premium paid, if greater than the amount of the valuation. An updated copy must be submitted (at the request of the Planning Director) within thirty (30) working days prior to final plat recordation. 1111111111111 1311 111111 1111 IIII 11111111111 111 111111 IIII 1111 PAGE: 1 of 5 FEE a 2007081195 . .69 B : 6956 P : 92 : OFFICIAL RECORDS OF MOHAVE COUNTY JOAN MCCALL, COUNTY RECORDER Vaal/ 09/14/2007 10:53 AM Fee: $0.00 DOC TYPE: GRES PAID BY:MOHAVE CTY BD OF SUPERVISORS RESOLUTION 2007-439 A RESOLUTION SETTING FORTH AN AMENDMENT OF CHAPTER 3.11.F.1, FINAL PLAT, OF THE MOHAVE COUNTY LAND DIVISION REGULATIONS TO CHANGE THE METHOD OF DETERMINING THE VALUE OF THE TITLE INSURANCE POLICY WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on September 4. 2007, a public hearing was conducted to determine whether approval should be granted for an amendment to Section 3.11.F.1 of the Mohave County Land Division Regulations as requested by the Mohave County Planning and Zoning Department, and WHEREAS, the Mohave County I and Division Regulations require that developers maintain a Title Insurance Policy on the property being transferred to Mohave County for roadways and similar infrastructure, and WHEREAS, the method of calculating the value of the property to be transferred to Mohave County is based either on a pro rata value, based upon the proposed selling price of the developed lots as evidenced by the information provided by the applicant to the Arizona Department of Real Estate, or an appraisal completed by an Arizona certified appraiser, and WHEREAS, the use of the value of the "developed lot" as reported to the Arizona Department of Real Estate includes subdivision improvements such as extension of utilities and roads, and the improvements added to the lot for the end user such as house, garage, and the like, and WHEREAS, the current method of calculation can add a significant cost to the development, and other, less costly methods, still provide the County with adequate protection, 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 amendment will reduce confusion for the Department and the applicant, and expense for the applicant where fully improved lots are offered as the final product. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 8, 2007, the Commission recommended APPROVAL for the Amendment to the Mohave County Zoning Ordinance, and WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County. Arizona, on August 19, 2007, and was posted on August 17, 2007, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 2007-439 PAGE 2 NOW THEREFORE BE IT RESOLVED, that the Mohave County Planning and Zoning Commission, at their regular meeting on Tuesday, September 4, 2007, adopted Mohave County Ordinance No. 2007-05 to APPROVE an Amendment to Chapter 3.11.F.1, Final Plat, of the Mohave County Land Division Regulations. OHAVE COUNTY BOARD OF SUPERVISORS ATTEST 4. 4 te_s Pete Byers, Chairman Barbara Bracken, Cleric:.-c u v C151 �oOos.cotm- ✓IOHA VE COUNTY PLANNING & ZONING DEPARTMENT o 1 o P.O.Box 7000 • Kingman,Arizona 86402-7000 3675 E.Highway 66,Suite A ♦ (928)757-0903 • FAX(928)757-3577 • w 1222 East Hancock Road • Bullhead City,Arizona 86442 • (928)758-0707 • FAX(928)758-0721 18 6 4 CHRISTINE BALLARD DIRECTOR MEMORANDUM To: Board of Supervisors Thru: Ron Walker, County Manager From: Christine Ballard, Director Date: September 3, 2007 Re: Proposed Increase in Fees As part of each budget process, the Department reviews its expected revenue in relation to expected expenditures and adjusts its fee schedule accordingly. As part of the process, the Department estimates the personnel necessary to complete the business of processing applications, reviewing development proposals and supporting the Planning and Zoning Commission and the Board of Supervisors in their efforts to assess, recommend and make decisions on land use issues. A summary of these calculations is attached to this memorandum. For FY (Fiscal Year) 2007 — 2008, the Department's expenditure vs. revenue picture is skewed. The anticipated revenue does not cover the anticipated costs, resulting in a proposal to increase fees. The attached amendment to Section 8, Fees, of the Mohave County Zoning Ordinance will accomplish the following: 1. Increase fees for rezones by approximately 20%. Also, the County is seeing proposals for specific zoning plans; we do not presently have a fee for these types of developments; therefore, a fee proposal is included. 2. Increase the fees for zoning use permits by $200. These permits cost nearly as much to process as rezones, but have traditionally cost the applicant much less. 3. Increase the cost of modification of previous approvals to one-half the cost of a new request. Again, these requests take slightly less time to process than new applications, but have traditionally cost the applicant much less. 4. Increase the cost of processing plan amendments proposed by developers. Minor amendments have similar costs to rezones, except the advertising requirements are more onerous. Major amendments cost significantly more. The staff time required to review and process major amendments is two to three times that required by a minor amendment or a rezone. Proposed Fee Increase August 22, 2007 Page 2 5. Increased fees for variances or other matters to be brought before the Board of Adjustments are proposed. These also take about as much time as a rezone application. Absorbing the cost of these requests when the Department was processing one or two per year was appropriate. However, this year the Department has processed 12 in the first six months of 2007. It is no longer appropriate to absorb the substantial portion of those costs. 6. The Department does not currently charge for site plan review, but the equivalent of one full- time planner is dedicated to the task. The purpose of the proposed fee is to capture the majority of the cost of processing. 7. Increase fees for zoning permits for manufactured homes by approximately 25%. 8. A number of miscellaneous fee increases are proposed for increases such as home occupations and travel trailer permits. 9. A substantial increase for sign permits is proposed. 10. The types of actions to which automation fees apply have been expanded. The Department has not proposed a fee increase for rezones and other zoning-related fees since 2000. During that period, the cost of processing and review of the included items has increased substantially—from labor to fuel. A question as to the increases in personnel has been raised. The number of rezone and zoning use applications has risen from 234 in 2001 to 543 per year in 2006, and the rezones are becoming more complicated. Plan Amendment requests have increased from 9 in 2001 to over 50 in 2006. Similar increases have been seen in subdivision activity. The increase in the number of office assistants, planning technicians and planners from 2001 to 2006 to cover the increase in activity is as follows: 2001 2006 • Planning technicians 1 3 • Planners 6 7 • Office Specialist/Office Assistant 1 2 The Department has eight planner positions it can fill; at present five are filled, with two of the five being assigned to subdivisions. The Department is actively trying to fill another two positions—one to assist the Planner II assigned to General Plan and Area Plans, and one to take over the site plan workload. The eighth position is being held vacant until the workload warrants filling it.