HomeMy WebLinkAbout2010-04 ORDINANCE NO. 2010-04
AN ORDINANCE SETTING FORTH SECTION 19.1, REGULATIONS FOR PLANNED AREA
DEVELOPMENT OR "PAD" ZONE, AND AMENDING SECTION 12, ESTABLISHMENT OF
ZONES, AND SECTION 25, SETBACKS AND AREA REQUIREMENTS, OF THE MOHAVE
COUNTY ZONING ORDINANCE.
CREATE A NEW SECTION 19.1 OF THE MOHAVE COUNTY ZONING ORDINANCE AS
FOLLOWS:
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR "PAD" ZONE
A. General Provisions.
1. The Planned Area Development (PAD) Zone is intended to provide an alternative
zoning district to the conventional zoning and development approaches and
processes in Mohave County so that within the zone so designated the following
goals may be achieved:
a. to provide a mechanism for the County's development growth so that the
public health, safety and general welfare may be enhanced as areas of the
County are developed;
b. to encourage innovations in residential, commercial, and industrial
development to provide greater opportunities for better housing, recreation,
shopping, and employment for the citizens of the County;
c. to reflect changes in the technology and philosophy of land development;
d. to encourage more creative approaches to the utilization of land to
accomplish a more efficient, aesthetic and desirable development of
properties characterized by special features of geography, topography, size
or shape;
e. to establish development parameters for land uses, densities and intensities,
and design standards, while allowing final detailed site plans and parcel
descriptions to be deferred to the time of subdivision or site plan processing;
f. to assure both the County and property owner that the development
approved under a PAD may be carried out over an identified time period;
g. to provide a high standard of development that might not otherwise occur
with a standard subdivision or site plan project;
h. to promote and encourage the fulfillment of Policies 4.2, 20.8, and 33.4 of the
Mohave County General Plan: the use of clustering, innovative design
techniques, and flexibility in development projects in the unincorporated
areas of Mohave County;
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR "PAD" ZONE
(continued)
i. to permit and encourage unified planning to achieve a mix, variety, and
cohesive use of land uses and amenities for a Planned Area Development site.
2. PAD is a zone that may consist of multiple sub-zones. Sub-zones may include the
standard zoning classifications included in this Ordinance except: A (General), A-D
(Airport Development), R-TT (Single-Family Residential/Manufactured Homes and
Travel Trailers), S-D (Special Development), and M-X(Heavy Manufacturing).
3. PAD developments shall be twenty (20) acres or more in size, except that the Board
of Supervisors, after receiving a recommendation from the Planning and Zoning
Commission, may waive the minimum size of twenty (20) acres, if the applicant can
demonstrate that a waiver would be in the interest of the public and that one or
more of the following conditions exist:
a. unusual physical features of the property itself or of the surrounding area
are such that development under the standard provisions of this Ordinance
would not be adequate to conserve a physical or terrain feature of
importance to the neighborhood or community;
b. the property is adjacent to or across a street, road or alley from property
that has been developed under the provisions of this section and the new
PAD zoning of the property will contribute to the amenities of the area or is a
logical extension of the existing PAD zone;
c. the use of the PAD concept will encourage the use of otherwise un-
developable property; or
d. the use of the PAD concept will accommodate infill between compatibly
zoned properties that can not be developed with the use of other standard
zones in this Ordinance.
4. Where the division of land is proposed, the area initially designated as a PAD may
not be divided into more than five parcels except through the subdivision processes
in the Mohave County Land Division Regulations.
5. The land uses and design of the PAD shall be consistent with the Mohave County
General Plan and any applicable Area Plan.
6. The PAD may be comprised of a single parcel or multiple contiguous parcels. The
owners of all properties to be included in the PAD must consent in writing. A PAD
may not have any parcels within the boundaries of the PAD that are not a part of
the PAD development.
7. The PAD may include any development having more than one sub-zone. The PAD
shall consist of a compatible selection of sub-zones, groupings of buildings, parking
areas, circulation and open spaces, and shall be designed as an integrated unit in
such manner as to constitute a safe, efficient, and convenient development.
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR"PAD" ZONE
(continued)
8. Unless otherwise provided in the PAD, the defaults for setbacks and maximum
building heights will be those listed for the applicable sub-zones. An applicant may
propose alternative setbacks and maximum building heights, which may be
approved by the Board of Supervisors when those variations advance the themes or
objectives of the PAD and provide for the public health, safety, and welfare.
9. Unless otherwise provided in the PAD, the defaults for uses permitted will be those
listed for each sub-zone. An applicant may propose to eliminate uses that would be
otherwise permitted. An applicant may propose to include additional uses not
otherwise permitted in the sub-zone, which may be considered by the Board of
Supervisors when those uses are substantially similar to otherwise allowed uses and
inclusion of those uses will advance the themes or objectives of the PAD.
10. Unless otherwise provided in the PAD, the provisions of Section 26 for Off-Street
Parking apply. Alternative parking standards, including shared parking, may be
approved by the Board of Supervisors when those variations advance the themes or
objectives of the PAD and provide for the public health, safety, and welfare.
11. Any required minor General Plan or Area Plan amendment shall be approved prior
to, or concurrently with, the PAD application.
B. PAD Concept Plan, and Submittal Requirements.
1. The Developer shall attend a concept review meeting with the Department to
present the Concept Plan. The concept review meeting shall,when possible, include
representatives from the Development Services Department, the Public Works
Department, the Flood Plain Division, the Environmental Health Division, and any
other county department or other agency deemed appropriate by the Director, as
well as representatives of the applicant. The PAD concept review meeting may be
combined with a subdivision pre-application meeting, in which case the pre-
application submittal will substitute for any of the items listed below to the extent
that duplication may be avoided. Developers are encouraged to use formats that are
compatible with the Mohave County Land Division Regulations so that duplication
of effort may be reduced when preparing subsequent subdivision plats.
2. The Concept Plan shall consist of a map and a narrative showing the intent of the
project, and how the entire PAD will be developed, the order of plat development,
and progression of each phase with tentative timelines, including:
a. A list of sub-zones to be used throughout the development by phase and the
criteria intended for each zoning designation.
b. A map of the entire development describing the following:
1) The boundary of the proposed PAD Zone.
•
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR "PAD" ZONE
(continued)
2) Approximate gross acreage.
3) Proposed locations and area of each type of development, including
the different types, densities of residential uses, intensities of
commercial development, and the corresponding sub-zone for each
land use.
4) The general location of any known public uses such as, schools, parks,
recreational facilities, and trails, within one-half(1/2) of a mile of the
PAD boundary, or within any distance, if the PAD project will be at
all reliant upon those facilities.
5) The approximate location of proposed arterial and collector roads.
6) General phasing boundaries, if phases are proposed.
c. A description of the topographic character of the land included in the PAD.
d. A conceptual or preliminary drainage plan.
e. A tentative infrastructure development plan interfacing all phases and
proposed land uses, with expected development timelines, and the general
location of roads, utilities,wastewater treatment, and water supply facilities.
f. A description of how environmental aspects will be protected and blended
into the project, and how the development will promote and conserve energy
uses and resources.
g. Any proposed development agreement and a procedure to amend.
h. A statement that the development at the proposed location, and the
development standards to be followed or maintained, will neither be
detrimental to the public health, safety, or welfare of the public, nor
materially injurious to properties, land uses, and improvements in the
adjacent areas or vicinity, and shall conform to the Mohave County General
Plan and any applicable Area Plan.
3. Information meeting. For projects that contain eighty (80) acres or more or that
include a M (General Manufacturing sub-zone), the project applicant is responsible
for holding at least one informal community meeting within the County, as near the
project location as is practicable, to inform the public about the proposed project.
The project applicant will provide public notice of the community meeting through
written letter, by first-class mail, to owners of property within one-half (1/2) mile,
electronic notification to persons who have placed their names on a notification list
maintained by the Department, and by publication in a newspaper of general
circulation in the community affected. The meeting may be held before the project
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR"PAD" ZONE
(continued)
application is deemed complete, and must be held a minimum of four weeks before
the meeting at which the Commission hears the project proposal. The applicant will
provide the Department a copy of the attendance list from the meeting and any
written comments received by the applicant no more than five business days after
the information meeting, to be provided to the Commission in advance of the
Commission hearing. A copy of written comments received by the applicant will be
provided to the Department as soon as practicable after receipt.
4. When the Concept Plan has been approved by the Department, the developer may
proceed with the PAD application.
C. PAD Application,Approval and Amendments.
1. An application for a PAD 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 PAD 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, including at least the following:
a. A complete Application for Rezone, including all required attachments.
b. Ten (10) copies of the Concept Plan, as it may have been amended during the
concept review process.
2. The Planning and Zoning Commission may recommend approval of the application,
approval of the application with conditions, denial of the application, or continue
consideration of the application if the Commission determines that additional
information or review is required.
3. After receiving a recommendation from the Commission, the Board of Supervisors
may approve the application, approve the application with conditions, deny the
application, or continue consideration of the application if the Board determines
that additional information or review is required.
4. Major amendments to the PAD shall be processed as a Modification of Conditions
of Approval. Minor amendments may be administratively approved by the
Director. For the purposes of this Section, major amendments are defined as
follows:
a. A change in uses permitted, setbacks, and maximum building heights for an
individual sub-zone.
b. A change in area of an individual sub-zone of 10% or more.
c. A substantial change in alignment or classification of collector and arterial
roads.
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR "PAD" ZONE
(continued)
d. Any change of a sub-zone 300 feet or nearer to an exterior boundary of the
PAD.
e. Any change determined by the Development Services Director to warrant
review by the Board of Supervisors.
5. Minor amendments may be processed as follows:
a. The original PAD applicant or its successors in interest may file a written
request for an administrative minor amendment with the Director.
b. If the Director determines that the request is not major, as defined above, the
request will be routed for comment to any affected County departments or
other agencies.
c. Upon receipt of comments, or no later than fifteen (15) working days, the
Director will determine whether to approve, approve with conditions, or
deny the requested change.
d. If the requested change is approved, a letter of approval will be mailed to the
applicant with a copy filed for public record. If the requested change is
denied, the applicant may request review by the Planning and Zoning
Commission, which shall be processed as a Modification of Conditions of
Approval, and the fee for the administrative review will be credited toward
the fee for Modification of Conditions of Approval.
6. If the project is a subdivision, the Final Plat for the first phase must be submitted
within two (2) years after the Board of Supervisors effective approval date of the
PAD. If the PAD is for a non-subdivided property, a site plan must be submitted
within two (2) years after the Board of Supervisors effective approval date of the
PAD.
7. If Final Plats for an approved PAD Development Plan project have been seventy-
five percent (75%) completed and recorded within ten (10) years, or as extended by
the Board of Supervisors, all zoning designations for the remaining twenty-five
percent(25%) of the project are automatically in effect.
D. Use Regulations.
1. The developer of a PAD shall make a reasonable attempt to place the densities and
intensities of use that are most compatible with current or proposed surrounding
property uses at the exterior boundary lines of the PAD. The unmodified building
setbacks of the designated sub-zone apply at all exterior boundary lines of the PAD
and at the interface of contiguous sub-zones.
SECTION 19.1 REGULATIONS FOR PLANNED AREA DEVELOPMENT OR "PAD" ZONE
(continued)
2. Buildings located on slopes exceeding twenty percent (20%) are permitted an extra
story on the downhill side, provided the building height does not exceed the
maximum height allowed for the sub-zone as provided in this ordinance.
3. The use of PAD zoning and the other allowances specially provided for by this
Ordinance, shall not be detrimental to natural terrain, hillsides, forests, wildlife
habitat, scenic or other similarly valued property. PAD developments and their
appurtenant structures and facilities shall be designed to allow planned
development while promoting and preserving these resource assets.
4. Open space shall comprise at least fifteen percent (15%) of the total area of the
residential portion of planned developments, not to include: building footprint sites,
streets, alleys, other public rights-of-way, driveways, parking areas, storage areas,
or loading areas. Land occupied by recreational structures or uses may be counted
as part of the required open space.
5. All or any part of the required open space may be reserved for use in common by
the residents or commercial-industrial property owners of the planned development,
as is, or for uses as proposed in the Agreement, excluding residential-commercial or
commercial-industrial purposes. To fulfill the open space requirements of zoning
designations, land uses approved for the PAD, set-aside parcels, and other like uses,
open space uses may include: fire breaks in potential wildfire areas, hiking trails,
bicycle trails, parks, natural terrain, drainage easements, parcels integrated into a
planned trail and park system, public golf courses, voluntarily donated public
school sites or other voluntarily donated public facilities, community halls, picnic
areas, environmental protection areas, wildlife preservation, riparian areas,
recreation, arboretums. The County shall retain discretion over determinations as
to which features and amenities will be considered to meet the open space
requirements.
6. Areas permanently reserved for common open space uses may be reserved for the
use and enjoyment of the property owners and residents only. Areas and open
space provided for public purposes will be available to everyone. Perpetual
maintenance of all common areas and appurtenances shall be determined and
administered by a Property Owners Association for the PAD.
•
Section 12 ESTABLISHMENT OF ZONES
A. Zones. In order to classify and segregate the uses of land and buildings, the following zones are
hereby established:
A General
A-D Airport Development Zone
A-R Agricultural Residential
R-E Residential-Recreation
R-1 Single Family Residential
R-2 Single Family Medium Density/Multi-Family Low Density
R-MH Residential Manufactured Homes
R-TT Residential-Manufactured Home and Travel Trailers
R-M Multiple-Family Residential
R-M-2 Multiple Family Residential 2
R-O Single Family Residential/Manufactured Homes Prohibited
R-O/A SFR/Manufactured Homes Prohibited/Limited Animal Privileges
R-CL Residential Cluster Overlay
S-D Special Development
PAD Planned Area Development
C-1 Neighborhood Commercial
COR Commercial Office Residential
C-2 General Commercial
C-2H Highway Commercial
C-RE Commercial Recreation
C-M Commercial Manufacturing
C-MO Commercial Manufacturing-Open Lot Storage
M General Manufacturing
M-X Heavy Manufacturing
R-P Regional Parks
C-P Community Parks
N-P Neighborhood Parks
E Energy Overlay
Section 25 SETBACKS AND AREA REQUIREMENTS (continued)
A. Specific Requirements
MINIMUM MAXIMUM MINIMUM SETBACKS FROM PROPERTY LINE
ZONE LOT AREA (HEIGHT) FRONT SIDE REAR
�\ 5 Acre (30') 20' 5' 25' a
A-I) ` 1 Acre (60') 25' 5' 15' a
(100') 25' 25' 25' g
A-R 1 Acre (30') 20' 5' 25' a
R-E 20,000 (30') 20' 5' 25' a
C-RE 20,000 (45') 20' ' 25' a
R-O 6.000 (30') 20' 5' 25' a
R-0/A 1 Acre (30') 20' 5' 50' a
R-1 6,000 (30') 20' 5' 25'a
R-2 4,000 s ft per (40') 20' 5. h 15'
Dwelling Unit
R-TT e (30') 20' 5' 10' `'
R-MH 6,000 (30') 20' 5' 10' ''
R-M 6,000 (40') 20' 5' 15' "
R-M-2 2,700 sq ft per (40') 20' 5•'' 15
Dwelling Unit
C-1 6,000 (45') 20' 0' 15' f'
COR 6,000 (45')l 20' 0' 15-I'
C-2 6,000 (45') 20' 0' 15' b
C-2H` 1 Acre (45') 20' 0' 15' b
C-M` 1 Acre (60') 20' 0' 15' ''
C-MO ` 1 Acre (60') 20' 0' 15' b
M 1 Acre (120') 20' 0' 0'
M-X 1 Acre f 0' 0' 0'
S-D TO BE DETERMINED WITH APPROVAL OF DESIGN d
Reserved "1'O BE DETERMINED WITH APPROVAL OF DESIGN'
PAD
R-CL TO BE DETERMINED WITH APPROVAL OF DESIGNS
Section 25 SETBACKS AND AREA REQUIREMENTS (continued)
a A 10-foot rear yard setback is allowed in conjunction with a mobile home. See also sections
27.F.6, 27.F.7 and 27.G.
b No setback to a dedicated alley twenty (20) feet or wider, five (5) feet otherwise. Fifteen (15)
feet to property line without any alley.
c A 10,000 square-foot minimum lot size is allowable in a C-2H, C-M, A-D or C-MO zone, when
the property is serviced by a public, franchised water supply.
d The intent of this provision is to encourage flexibility of design that will enable the developer to
take advantage of the most desirable site areas of the parcel in question, without being restricted
to specific lot sizes and densities, as long as the overall densities of the entire tract conform to
their minimum zone requirements. See Section 19 of this Ordinance (Regulations for Special
Development).
e See Section 16.B.3 of the Zoning Regulations.
f Setbacks shall comply with Section 24.D, and height restrictions shall comply with Section 24.E.
g Buildings from 61' to 100' in height, or portions above 60' in height, shall have 25' setbacks for
front, side and rear yards. Buildings may be stepped with any portion over 60' being 25' or more
from property lines.
h Except zero-lot line/single family attached projects may have a 0' setback along common walls
and a 10' setback for side yard not along a common wall.
i.
Resepied, The intent of this provision is to encourage flexibility of design that will enable
the developer to take advantage of the most desirable site areas of the parcel in question,
without being restricted to specific lot sizes and densities, as long as the overall densities of
the entire tract conform to their minimum zone requirements. Section 19.1 Regulations for
Planned Area Development or "PAD" Zone. Within commercial sub-zones building height
up to sixty (60) feet may be approved.
j. The intent of this provision is to encourage flexibility of design that will enable the developer to
take advantage of the most desirable site areas of the parcel in question, without being restricted
to specific lot sizes and densities, as long as the overall densities of the entire tract conform to
their minimum zone requirements. See Section 12.2 of this Ordinance (Regulations for
Residential Cluster Overlay).
k. Generally a minimum of 2 stories. See Section 20.1.
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FEE #2010016149
OFFICIAL RECORD :rtiS
OF MOHAVE COUNTY 1
CAROL MEIER,
COUNTY RECORDER
03/17/2010 04:23 PM Fee: $0.0
PAGE: 1 of 12
RESOLUTION NO. 2010-045
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE
NO. 2010-04, AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE
CREATING A NEW SECTION 19.1, REGULATIONS FOR PLANNED AREA
DEVELOPMENT OR "PAD" ZONE, AND AMEND SECTION 12, ESTABLISHMENT OF
ZONES,AND SECTION 25, SETBACKS AND AREA REQUIREMENTS.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March
1, 2010, a public hearing was conducted to determine whether approval should be granted to amend the
Mohave County Zoning Ordinance, creating a new Section 19.1, providing regulations for Planned Area
Development or"PAD" zone, and amend Section 12, Establishment of Zones, and Section 25, Setbacks
and Area Requirements as requested by the Mohave County Development Services Department, and
WHEREAS, the Planned Area Development (PAD) Zone is a concept that has been used in
other jurisdictions. It is intended to provide an alternative zoning district to the conventional zoning and
development approaches and processes currently provided in the Mohave County Zoning Ordinance.
The conventional zones that are currently in the Ordinance will remain available for developers that can
achieve their intended plans under the conventional zones, and
WHEREAS, the primary purpose of the PAD Zone is to allow some flexibility in the
development of larger parcels where changing circumstances may necessitate some internal adjustment
of the placement or mix of zones. Minor changes, as defined in the proposal, within the area designated
as a PAD, may be made administratively. Major changes would require an amendment to be considered
through the standard zoning process, and
WHEREAS, the proposal includes a concept review prior to submitting the Rezone proposal to
allow the applicant and Department staff to discuss the project and determine if adjustments to the
proposal may be necessary. This concept review may be combined with a subdivision pre-application
meeting to avoid duplication of effort. After the concept review, the application follows the standard
rezoning procedures, and
WHEREAS, the PAD zone would consist of sub-zones based on the conventional zones in the
Ordinance, with an initial layout of the sub-zones based on the applicant's plan. The precise location of
the sub-zones is fixed with the filing of final plats. Changes from the original layout within 300 feet of
the external boundaries of the PAD will require amendment through standard processes because they
would possibly affect property owners within the statutory notification radius for a Rezone. Other
internal changes that are not classified as minor would also require amendment through standard
processes. However, the minor changes could be approved by an administrative process, and
RESOLUTION NO. 2010-045 PAGE 2
WHEREAS, the PAD zone may be used in conjunction with the COR (Commercial-Office-
Residential) Zone and the Residential Cluster Overlay zone, which are intended to complement each
other, 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. 2010-04. The language to be added has been bolded and the language to be
removed has been struck, and
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular
meeting on Monday, March 1, 2010, ADOPTED Mohave County Ordinance No. 2010-04 creating a
new Section 19.1, providing regulations for Planned Area Development or "PAD" zone, and amending
Section 12, Establishment of Zones, and Section 25, Setbacks and Area Requirements, 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 Ir lG'
% i1 C V " '.
Tom Sockwell,Chairman
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Barbara Bracken, Clerk .,
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