Adopt Zoning Ordinance 15-04 approving Docket Z-15-03 (Griffith), amending the zoning district designation for parcel 117-05-191A to SR-174 from SR-43, pursuant to the request of the Applicant, Michelle Griffith.

APPLICATION FOR A REZONING
The Applicant has requested a rezoning from SR-43 (Single-Household Residential, one dwelling per 43,560-square feet) to SR-174 (Single-Household Residential, one dwelling per 4-acres).  The subject parcel totals approximately 5.60-acres in size.  The rezoning is intended to increase the lot area so the applicant may have the option to use the Owner-Builder Opt-Out Amendment for residential permits which requires a minimum four acre parcel. The subject parcel, 117-05-191A is located along S. Cochise Stronghold Road in Pearce, AZ. The Applicant is Michelle Griffith.
                   
I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Parcel Size:                                 5.60-Acres
Zoning:                                      SR-43 (Single Family Residential, one dwelling per acre)
Growth Area:                              Rural
Comprehensive Plan Designation:    D-Medium Density Residential
Area Plan:                                   Mid Sulphur Springs Valley Area Plan
Existing Uses:                                        None
Proposed Uses:                           Same
 
I. PLANNING AND ZONING COMMISSION
On Wednesday, April 8, 2015, the Planning and Zoning Commission voted 7-0 to forward this Docket to the Board of Supervisors with a recommendation of approval.  The motion included the conditions of approval recommended by staff.  One objection to this application was received so this Docket must be heard at a public meeting and cannot be placed on the consent agenda.
Zoning/Use of Surrounding Properties
 

Relation to Subject Parcel	Zoning District	Use of Property
North	SR-43	Single Family Home
South	SR-43	Vacant
East	SR-43	Vacant
West	RU-4	National Forest

 
II. PARCEL HISTORY
2014 – Permit issued to install residential septic system.
III. NATURE OF REQUEST
The Applicant is requesting a change of zoning from SR-43 (Single Family Residential, one dwelling per acre) to SR-174 (Single Family Residential, one dwelling per four acres). The applicant is not changing the existing size of the parcel but is requesting the rezoning to a less intensive zoning in order to have the option to use the Owner-Builder Opt-Out Amendment for residential permits which requires a minimum four acre parcel in RU, SM or SR zoned areas.  The existing SR-43 limit of one dwelling per acre would preclude the use of the Owner-Builder Opt-Out option.
IV. ANALYSIS OF IMPACTS
Mandatory Compliance
The subject property is in the Category D–Medium Density Residential area. 
Section 401.01.D identifies Category D as Rural Areas.
Section 402 of the Zoning Regulations allows SR-174 zoning in Rural catagories. 
Section 403.04.A identifies Rural (Category D) in part as characterized by a low rate of growth; unimproved roads and low density, large lot rural residential development.
The requested rezoning to SR-174 complies with the Category D characteristics as found in the Zoning regulations.
Compliance with Rezoning Criteria
Section 2208.03 of the Zoning Regulations provides a list of fifteen factors with which to evaluate Rezoning applications.  Staff uses these factors to help determine the suitability of a given request, whether to recommend approval and to determine what Conditions and/or Modifications may be needed. 
Ten of the fifteen factors apply to this request.  The project complies with nine of the ten factors.  The five remaining factors do not pertain to this application.
1.  Provides an Adequate Land Use/Concept Plan:  Not applicable
The request is not connected to any new construction. 
2. Compliance with the Applicable Site Development Standards: Complies
The property meets all site development standards in the SR-174 zoning district.  Other than minimum site area, there are no changes to site development standards from SR-43 to SR-174.
3. Adjacent Districts Remain Capable of Development: Complies
The proposed rezoning would not affect the development prospects of any neighboring property. 
4. Limitation on Creation of Nonconforming Uses: Complies
The proposal would not create any non-conforming land uses.
5.  Compatibility with Existing Development: Complies
The area is characterized by scattered low-density rural development and vacant land.  The parcel abuts the Coronado National Forest on the west and there are three other larger lots on the same west-side alignment, two with an existing single family residence in place.  This strip of larger lots along the National Forest boundary create a transition zone between the Coronado National Forest open space and the smaller lots east of the Forest boundary.
6. Rezoning to More Intense Districts: Not Applicable
This is a down-zoning from the more intensive one-dwelling-per-acre to a less intensive one-dwelling-per-four acre.
7.  Adequate Services and Infrastructure: Complies
The site is currently developed and served by all necessary infrastructure.  No changes are being proposed to the site.
8. Traffic Circulation Criteria: Complies
No new construction is proposed.
9. Development Along Major Streets: Not Applicable
The site takes access from minor, non county-maintained roads.
10.  Infill: Not Applicable
This Factor applies only for rezoning requests to GB, LI or HI.
11.  Unique Topographic Features: Complies
There are no exceptional topographic features warranting consideration on or near the site.
12.  Water Conservation: Complies
There is no construction proposed.  In addition, this downzone would reduce the intensity of development on the site to one dwelling from the five dwellings that could be allowed on the 5.60-acre parcel if it were split into one-acre parcels as are now in the greater portion of the Sunsites lots in the area.
13. Public Input: Complies
The Applicant was not required to complete the Citizen Review process, as the request is a decrease in intensity.  Staff posted the property on March 24, 2015, and published a legal notice in the Bisbee Observer on March 19, 2015.  The Department also mailed notices to property owners within 1,500-feet of the site.  To date, staff has received one letter in opposition to this request.
14.  Hazardous Materials: Not Applicable
No hazardous materials are proposed as part of the future residential development plan.
15. Compliance with Area Plan: Does Not Comply
The subject property is in the Mid-Sulphur Springs Valley Plan which designates this parcel as Medium Density Residential: lot sizes of 12,000-square feet to two-acres.  The requested rezoning, allowing only one dwelling per four acres is less intensive that the Plan designation. The parcel is currently 5.60 acres and will remain the same size.

 V. MODIFICATIONS TO DEVELOPMENT STANDARDS
None required or requested.
VI. PUBLIC COMMENT
The Planning Department mailed notices to neighboring property owners within 1,500-feet of the subject property.  Staff posted the property on March 24, 2015, and published a legal notice in the Bisbee Observer on March 19, 2015.  In response to applicant and County mailings, the Planning Department received one letter in support of this request and one letter in opposition.
VII.   SUMMARY AND CONCLUSION
This request is for a rezoning to lower the maximum density of the site from one home per acre to one home per four acres in order for the applicant to be able to use the Owner-Builder Opt-Out Amendment for residential construction.  While the request does not comply with the Mid-Sulphur Springs Valley Community Plan, the request is in keeping with the intent of the Plan by providing low density and the parcel, as it exists, is similar to the other existing larger lots that create a transition between the Coronado National Forest and the higher density lots to the east.  Approval of the rezoning would allow the applicant to use the Owner-Builder Opt-Out Amendment for residential construction.  If the request is not approved, the applicant will still have a 5.60 acre site, but will be required to use the standard building permit process including all building inspections as required by the Cochise County Building Department adopted Building Code.
Factors in Favor of Approving the Special Use

1. The request complies with nine of the ten applicable Rezoning factors used by staff to analyze this request;
2. Cochise County encourages down-zoning of Rural properties to lower densities in order to protect Rural Character; and
3. The Owner-Builder Opt-Out provision has been approved by the Board of Supervisors as an optional building option for residential construction.
4. Staff has received one letter of support of this application.

Factor Against Allowing the Special Use

1. The request does not comply with one of the ten applicable rezoning factors used by Staff to analyze this request; and
2. Staff has received one letter in opposition to this request.

VIII. RECOMMENDATION
Based on the factors in favor of approval, Staff recommends forwarding the docket to the Board of Supervisors with a recommendation of Conditional Approval, subject to the following Conditions:
 

1. The Applicant shall provide the County with a signed Acceptance of Conditions and a Waiver of Claims form arising from ARS Section 12-1134 signed by the property owner of the subject property within thirty (30) days of Board of Supervisors approval of the rezoning; and
2. It is the Applicants' responsibility to obtain any additional permits, or meet any additional conditions, that may be applicable to the proposed use pursuant to other federal, state, or local laws or regulations.

IX. ATTACHMENTS

1. Application
2. Location map
3. Support and opposition letters

Planning staff will take a copy of the recorded ordinance to GIS to amend the County Zoning Maps to reflect this action.

If the Board does not approve the Zoning Ordinance, the subject parcel will retain the current SR-43 zoning designation.

After the Chair signs the zoning ordinance, Board Staff should send a recorded copy of the same to the Planning Department for our files.