Action 12.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 05/23/2017
- Title:
- Z-17-01 (Bussius) - A request to Amend the Zoning of Parcel 404-02-379 to RU-4 from RU-2
- Submitted By:
- Peter Gardner, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
No A/V Presentation
PowerPoint
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Peter Gardner
TITLE
of PRESENTER:
of PRESENTER:
Planner I
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Z-17-01 (Bussius)
Information
Agenda Item Text:
Adopt Zoning Ordinance 17-02 approving Docket Z-17-01, amending the zoning district designation for parcel 404-02-379 to RU-4 from RU-2, pursuant to the request of Mr. Michael Bussius.
Background:
APPLICATION FOR A REZONING
The Applicant is requesting a rezoning from RU-2 (Rural; one dwelling per 2 acres) to RU-4 (Rural; one dwelling per 4 acres). The subject parcel is 5 acres in size. The request is to facilitate the use of the Owner-Builder Opt-Out Amendment.
The subject parcel, APN 404-02-379, is located on N. Zuni Ave, east of McNeal. The Applicant is Michael Bussius.
PLANNING AND ZONING COMMISSION
On Wednesday, May 10, 2017, 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. No objections were received from any member of the public, therefore the Board does not need to hold a public hearing.
I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Parcel Size: 5.00 acres
Current Zoning: RU-2 (Rural; one dwelling per 2 acres)
Proposed Zoning: RU-4 (Rural; one dwelling per 4 acres)
Growth Area: D – Rural Area
Plan Designation: Rural
Area Plan: None
Existing Uses: None
Proposed Uses: Single Family Residential
Zoning/Use of Surrounding Properties
II. PARCEL HISTORY
1971 – Desert Sky Subdivision Platted
1975 – Zoning Established
III. NATURE OF REQUEST
The Applicant is requesting to amend the zoning of his five-acre parcel in the Desert Sky Subdivision from RU-2 to RU-4. This will permit the use of the Owner-Builder Opt Out Amendment to the Cochise County Building Code.
The Desert Sky Subdivision was platted in 1971, four years prior to the adoption of zoning in 1975. As platted, the lot sizes are either 2.6 acres or 5 acres, causing the subdivision to be zoned RU-2 in 1975, with the intention of all lots being in conformance with the zoning designation. Both prior to and after the zoning was enacted, many of the lots were split, leaving lots of 5 acres, 2.6 acres, 2.5 acres, and 1.3 acres. There are currently four homes spread over the subdivision, built between 1984 and 2014. The 2014 home underwent the same request to downzone from RU-2 to RU-4 to use the Owner Builder Opt-Out Amendment in 2014, along with another nearby lot, which has not yet applied for a building permit. Other than the decreased density, all site development standards, including minimum setbacks, maximum height, maximum site coverage, and permitted uses, are identical from the RU-2 and RU-4 designations.
The Applicant is requesting a rezoning from RU-2 (Rural; one dwelling per 2 acres) to RU-4 (Rural; one dwelling per 4 acres). The subject parcel is 5 acres in size. The request is to facilitate the use of the Owner-Builder Opt-Out Amendment.
The subject parcel, APN 404-02-379, is located on N. Zuni Ave, east of McNeal. The Applicant is Michael Bussius.
PLANNING AND ZONING COMMISSION
On Wednesday, May 10, 2017, 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. No objections were received from any member of the public, therefore the Board does not need to hold a public hearing.
I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES
Parcel Size: 5.00 acres
Current Zoning: RU-2 (Rural; one dwelling per 2 acres)
Proposed Zoning: RU-4 (Rural; one dwelling per 4 acres)
Growth Area: D – Rural Area
Plan Designation: Rural
Area Plan: None
Existing Uses: None
Proposed Uses: Single Family Residential
Zoning/Use of Surrounding Properties
| Relation to Subject Parcel | Zoning District | Use of Property |
| North | RU-2 | Vacant |
| South | RU-2 | Vacant |
| East | Non-Maintained Road RU-2 |
N. Zuni Ave/Vacant |
| West | RU-2 | Vacant |
II. PARCEL HISTORY
1971 – Desert Sky Subdivision Platted
1975 – Zoning Established
III. NATURE OF REQUEST
The Applicant is requesting to amend the zoning of his five-acre parcel in the Desert Sky Subdivision from RU-2 to RU-4. This will permit the use of the Owner-Builder Opt Out Amendment to the Cochise County Building Code.
The Desert Sky Subdivision was platted in 1971, four years prior to the adoption of zoning in 1975. As platted, the lot sizes are either 2.6 acres or 5 acres, causing the subdivision to be zoned RU-2 in 1975, with the intention of all lots being in conformance with the zoning designation. Both prior to and after the zoning was enacted, many of the lots were split, leaving lots of 5 acres, 2.6 acres, 2.5 acres, and 1.3 acres. There are currently four homes spread over the subdivision, built between 1984 and 2014. The 2014 home underwent the same request to downzone from RU-2 to RU-4 to use the Owner Builder Opt-Out Amendment in 2014, along with another nearby lot, which has not yet applied for a building permit. Other than the decreased density, all site development standards, including minimum setbacks, maximum height, maximum site coverage, and permitted uses, are identical from the RU-2 and RU-4 designations.
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Department's Next Steps (if approved):
Planning staff will take a copy of the recorded ordinance to GIS to amend the County Zoning Maps to reflect the action.
Impact of NOT Approving/Alternatives:
If the Board does not approve the Zoning Ordinance, the subject parcel will retain the existing RU-2 zoning designation.
To BOS Staff: Document Disposition/Follow-Up:
After the Chair signs the Zoning Ordinance, Board staff should send a recorded copy of the same to the Planning Department for our records.