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Home My WebLink About2010-02 f e ORDINANCE NO. 2010-02 AN ORDINANCE SETTING FORTH SECTION 20.1, REGULATIONS FOR RESIDENTIAL CLUSTER OVERLAY OR "R-CL" ZONE, OF THE MOHAVE COUNTY ZONING ORDINANCE. CREATE A NEW SECTION 12.2 OF THE MOHAVE COUNTY ZONING ORDINANCE AS FOLLOWS: SECTION 12.2 REGULATIONS FOR RESIDENTIAL CLUSTER OVERLAY OR "R-CL" ZONE A. General Provisions. 1. Purpose. The residential cluster overlay district is intended to promote flexibility in residential development without compromising the development potential of the underlying zoning district, or changing the character of adjacent neighborhoods. The cluster standards are also intended to allow development of properties while protecting community resources, including but not limited to: steep slopes, wetlands, stream corridors, scenic vistas, parks, and trails. These provisions are not intended to infer public ownership or use. Cluster developments should group residential units in one or more areas to reduce the amount of impervious surfaces and length of utility installations. 2. Applicability. The residential cluster overlay district is an overlay zone that is applied over the base zoning district. The cluster regulations apply to areas shown on the zoning map with the cluster overlay designation. The cluster overlay district may be applied to R-E, or A-R zones. 3. Application. An application for a residential cluster overlay district is a rezoning request and shall be submitted and attached to the official Rezone application form provided by the Development Services Department. In addition, each application for approval of a cluster overlay zone shall be accompanied by appropriate fees as set by resolution of the Board of Supervisors and by such information required by this ordinance and as deemed necessary by the Director. B. Development Standards. 1. Minimum Lot Area. Lots that do not meet the standard minimum size for the base zone may be created when a separate parcel or parcels are created for permanent open space to offset the density created by the cluster, as provided below. For purposes of determining compliance with minimum lot size, the area of a lot shall be added to an aliquot portion of the area of the permanent open space parcel(s), and that total shall meet or exceed the standard minimum lot size of the base zone for that lot. The area of any rights-of-way or easements for ingress and egress shall not be included in the calculation of the area of lots or parcels. 2. Setbacks and Lot Coverage Requirements. Setbacks and lot coverage requirements for the base zone, as provided in Section 25, shall apply unless alternative standards are approved with the approval of the cluster overlay. Alternative standards shall provide for the public health, safety, and welfare, and further the purpose of the cluster overlay. 3. If lots will not be provided with a central water or sewer system, the applicant shall provide a statement from the Mohave County Environmental Health Division, or the Arizona Department of Environmental Quality, that the proposed location and design of on-site wells and wastewater treatment systems comply with state and county environmental health regulations. C. Permitted Uses. The uses allowed within the cluster overlay district outside the permanent open space are determined by the underlying zoning district with the following exception: 1. On sites greater than 50 acres, a single area of up to 2 acres may be developed with neighborhood commercial or office uses with a Zoning Use Permit. The maximum total building footprint of commercial or office uses shall be 10,000 square feet. Commercial uses shall be limited to restaurants with no drive-through service and convenience-oriented uses to serve the neighborhood. D. Open Space Requirements. Cluster developments must provide a minimum of 20 percent (20%) of the site as permanent open space. Open space in a Cluster overlay district shall be designated in the following priority order: 1. The first priority for open space designation is the protection of natural features, environmentally sensitive areas, fire breaks in potential wildfire areas, and scenic resources of the site, such as: streams; lakes; ponds; significant wetlands and riparian areas; intermittent streams; natural drainage patterns and areas; slopes greater than 25 percent; mature woodlands and forested areas; and wildlife habitat corridors. 2. The second priority for open space designation is to locate open space so that there is continuity of adjacent open space corridors or parkways, a network of interconnected open space corridors is created, there is a buffer between neighborhoods, or view sheds are preserved. 3. The third priority for open space designation is to incorporate public parks, trails, or open space. 4. The fourth priority for open space designation is the creation of private parks and trails that may be connected to public streets, parks, trails, or open space to be maintained by the entity identified under the following Section E. E. Permanent Open Space Creation. Permanent open space will be set aside, protected, and managed in one or more of the following ways: 1. Portions of individual lots subject to a open space easement; or 2. Common ownership by residents of the development; or 3. Third party non-profit organization whose primary purpose is to hold or manage the open space; or 4. Dedicated to Mohave County, if the county agrees to accept ownership of and to maintain the space. F. Use of Permanent Open Space. 1. Open space that is to be preserved under this section may be used for drainage improvements or such other utility improvement as may be necessary for development of the lots. 2. All covenants, easements, and dedications shall prohibit the future development and alteration of any reserved open space, except for recreational purposes that may be approved by the Development Services Director. 3. Areas set aside for permanent open space shall be designated as parcels on the Final Plat and shall not be further subdivided. 4. Any conveyance to a homeowners association or third party non-profit organization shall be subject to restrictive covenants and easements reviewed by the Development Services Director and recorded at the time the subdivision plat for the project area is recorded. • 1111 Ei liTI rEWArII,4 I k, 111 II FEE #2010002045 OFFICIAL RECORDS OF MOHAVE COUNTY CAROL MEIER, ' COUNTY RECORDER ..114111 '�,� 01/12/2010 03:36 PM PAGE: 1 of 5 RESOLUTION NO. 2010-011 A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE NO. 2010-02, AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE CREATING A NEW SECTION 12.2, REGULATIONS FOR RESIDENTIAL CLUSTER OVERLAY OR"R-CL" ZONE WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on January 11, 2010, a public hearing was conducted to determine whether approval should be granted to create a new Section 12.2 of the Mohave County Zoning Ordinance providing regulations for a Residential Cluster overlay or "R-CL" Zone as requested by the Mohave County Development Services Department, and WHEREAS, the new proposed Section 12.2 is intended to provide a zone that allows lots that do not meet the standard minimum size for the base zone when a separate parcel or parcels are created for permanent open space to offset the density created by the cluster grouping of residential units. The total density for the development must comply with the density requirement of the General Plan. By clustering the residential units the development may reduce the amount of impervious surfaces and length of utility installations, and WHEREAS, this proposal was reviewed by the Subdivision Review Committee and received a positive recommendation, and WHEREAS, the proposed new and amended provisions are contained in the attached Mohave County Ordinance No. 2010-02. The language to be added has been bolded, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on December 9, 2009, the Commission recommended APPROVAL of an Amendment to the Mohave County Zoning Ordinance creating a new Section 12.2, Regulations for Residential Cluster overlay or "R-CL" Zone, as outlined in the attached Mohave County Ordinance No. 2010-02, RESOLUTION NO. 2010-011 PAGE 2 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, January 11, 2010, ADOPTED Mohave County Ordinance No. 2010-02, creating a new Section 12.2, Regulations for Residential Cluster overlay or "R-CL" Zone, of the Mohave County Zoning Ordinance as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST ? Z"e-7)1 Tom Sockwell, C airman �V�R �y/i� Barbara Bracken, Clerk yQ 0 4, • �� ' ". - .M j.1 S'O'S .r= *_Win;-.,,.: �• C'7.�' ;,,ARlZOO