Adopt Zoning Ordinance 11-13 to approve Docket Z-11-06 that will amend certain zoning district boundaries in the vicinity of Benson, AZ, pursuant to the application of Easter Mountain, LLC, for parcel #124-01-013H from RU-4 to SR-2, subject to certain conditions as recommended by the Planning & Zoning Commission and further recommended amendments by staff.

MEMORANDUM

TO: Cochise County Board of Supervisors
Through: Michael J. Ortega, County Administrator
FROM: Beverly Wilson, Interim Planning Manager
For: Carlos De La Torre, Community Development Director
SUBJECT: Docket Z-11-06 (Easter Mountain Ranch)
DATE: October 13, 2011 for the October 25, 2011 Meeting

APPLICATION FOR A REZONING
This Docket is a request to rezone 556 acres from RU-4 to SR-2 to create subdivisions through the Cochise County Subdivision Regulations. The developer is proposing to develop this parcel by preserving 50% of the land as set aside specifically for open space. If developed as a conservation subdivision, the developer could propose a maximum of 371 dwellings under the SR-2 zoning, while a conventional subdivision plat would allow the developer to propose a maximum of 278 dwellings. The subject parcel (#124-01-013H), is located approximately 2 miles south of Interstate 10, just south of the existing J-Six community and Red Hawk Subdivision southwest of J-Six Ranch Road. The Applicant is Easter Mountain Ranch LLC, represented by Steve Lenihan.



I. PLANNING AND ZONING COMMISSION
On August 10, 2011, the Planning and Zoning Commission voted (5 – 1) to forward this Docket to the Board, with a recommendation of conditional approval. The Commission recommendation included the following conditions, as recommended by Staff:

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 or the approval of the rezoning may be deemed void; 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; and

3. The Applicant will submit a subdivision plat within one year, with a phasing plan for all future development. All construction to be completed within 10 years or a length of time as determined by the Board of Supervisors. If these conditions are not met, the Board of Supervisors may revert the zoning of any portions of the parcel that are not subdivided back to the RU-4 District; and

4. The Applicant will work with the Arizona Fish and Game, the National Forest Service, and Cochise County to develop Public Access through the parcel to the Public Lands, which surround portions of the eastern, southern, and western edges of this parcel, to be reflected on all future subdivision plats.


II. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING USES
Size: 556 Acres
Zoning: RU-4 (one dwelling per four acres)
Growth Area: Category D (Rural Growth Area)
Area Plan: None
Plan Designation: Rural
Existing Uses: Agricultural (grazing) Land
Proposed Uses and Zoning: SR-2 (one dwelling per two acres) for future subdivisions
Surrounding Zoning
Relation to
Subject Site Zoning District Use of Property


North RU-4 and SR-87 Undeveloped lands zoned RU-4 and owned by the Arizona State Land Trust and the 320-acre Red Hawk Subdivision, zoned SR-87.
South RU-4 Lands in their natural state included in the Coronado National Forest
East RU-4 Lands in their natural state included in the Coronado National Forest east of the southern portion of the Site. Lands developed as rural residential home sites east of the northern portion of the Site
West RH (Pima County/ 1 residence per 4.13 acres) Per Pima County memo and located within Pima County. Resource Transition & low intensity rural area.

III. PARCEL HISTORY
The property contains 1940s-era ranch structures including a ranch house. There is no permit history for the subject parcel.

IV. NATURE OF THE REQUEST
The Applicant seeks to change the zoning designation from RU-4 (Rural, one dwelling per four acres) to SR-2 (Single-household, one dwelling per two acres) to facilitate the development of residential subdivisions consisting of the following elements:
1. 556 acres separated into fourteen "neighborhoods” connected by a network of natural open space and trails. Each neighborhood would differ in size and offer a varied number of lots. The northern portion of the development would consist primarily of homes on one-acre lots; the southern portion would consist of homes on two-acre lots;
2. The overall density of the development would not exceed one home per 1.5 acres if the 34% density bonus for a conservation subdivision is applied or one home per 2 acres if a conservation subdivision is not used. The maximum number of dwelling units proposed in the development would be 371;
3. Fifty percent of the total land area is proposed to be conserved as natural open space, regardless of the subdivision option eventually chosen;
4. Maximum site coverage for each lot would be 25 percent, which is the maximum allowed by the Zoning Regulations. This will be enforced through the use of building envelopes noted on subdivision plats and as described in the CCRs;
5. Building heights of “principal structures” in the development would not exceed 30 feet above finished grade which is the maximum allowed by the Zoning Regulations;
6. The minimum setbacks from the property line or roadway would be 20 feet and the minimum distance between principal buildings would be 15 feet; and
7. The Applicant proposes to submit a subdivision plat for at least one of the Project neighborhoods within one year of rezoning approval.

V. ANALYSIS OF IMPACTS
Section 2208.03.A of the Cochise County Zoning Regulations lists fifteen (15) factors used to evaluate the appropriateness of a rezoning application. The Planning and Zoning Commission and the Board of Supervisors shall consider these in deciding whether to approve or deny a rezoning. Twelve of the fifteen factors are applicable to this rezoning request, and the request complies with eleven of these factors (one with conditions) and does not comply with one of the factors.

Mandatory Compliance.
The subject property lies within a Category “D”—Rural Growth Area and is considered a “Rural” land use designation area. Section 402 of the County Zoning Regulations permits owners of property lying within “Rural” land use areas to request a rezoning to SR-2.

1. Provides an adequate Land Use/Concept Plan: Complies

The Applicant has provided sufficient information to comply with this requirement. The Applicant has stated that at least one subdivision plat will be submitted within one year. If the rezoning is approved, a reasonable condition of rezoning is to require a phasing plan to be submitted with the first subdivision plat and approved by the County for all 14 neighborhoods proposed. While this is not a master development plan (MDP), the MDP section of the Zoning Regulations sets a precedent for applying a schedule of 5-years for development unless otherwise approved by the Board for large-scale developments such as this proposal. Staff recommends a 10-year schedule for build-out, due to the current economic conditions.

2. Compliance with Applicable Site Development Standards: Complies

The proposed lot sizes are large enough to comply with site development standards.

3. Creation of Districts Capable of Development: Complies.

Adjoining parcels can continue to meet site development standards such as setbacks.

4. Limitation on Creation of Nonconforming Uses: Complies.

This rezoning will not result in non-conforming uses, as the site is vacant, with unused residential and ranching structures.

5. Compatibility with Existing Development: Complies.

The developers are proposing, “to create an innovative and sustainable development that ensures the rural nature of the site and the surrounding properties are protected.” Since their previous rezoning effort, the developers have added provisions to this plan that include open space preservation, water conservation measures, water harvesting, recreational amenities, protection of dark skies, green building methods, solar power, and cultural and historical amenities. In addition, this request includes a 50’ open space buffer along the east and northern boundaries of the parcel to allow a more natural transition from surrounding lower density neighbors. Furthermore, the lots adjoining this buffer space are proposed to be larger, again, to provide a smoother transition from the larger neighboring properties to the higher-density lots proposed as part of this project. During the subdivision platting process, the ‘clustering’ of homes into distinct neighborhoods with open space between will also enhance the transition.

Rural zoning districts are created “to achieve the purpose of preserving the agricultural character of the area, provide adequate space for people, to provide recreational support services that are compatible with rural living; and to protect the quality of the natural environment,” per the Cochise County Zoning Regulations, Section 601. The proposed project would meet all of these requirements even in a more densely populated zone through the preservation of 50% open space.

In addition, restrictions will be placed on building envelope size, impervious surfaces will be minimized, environmentally sensitive lands will be preserved--including wash corridors, floodplains, and hillsides with slopes greater than 30 percent, significant wildlife areas and corridors, and significant stands of unspoiled vegetation. The natural topography of this parcel will also assure that a rural appearance and viewshed is maintained, as much of the development will not be visible from the surrounding lands. The long east west portion of the property, located in the center of the planned development, is in a valley, secluded from nearby properties. Through clearly delineated guidelines, the proposed zoning district will bear a logical relationship to the surrounding districts.

6. Rezoning to More Intense Districts: Does Not Comply

The adjacent zoning is largely RU-4 requiring minimum 4-acre lots unless developed as a conservation subdivision with 50% open space allowing an average lot size of 3-acres. Although there is SR-87 zoning to the north, its development is limited to lot sizes of approximately 3-acres. The adjacent National Forest is unlikely to be developed. The area to the east is zoned RU-4 and developed with a variety of lot sizes from four-acres and larger. Given that the surrounding area is developed in conformance with the existing zoning, it is difficult to argue that this development as proposed provides a reasonable buffer between zoning districts or is an extension of a similar district with similar densities. The area to the west (in Pima County) is zoned Resource Transition & low intensity rural, maximum density .3 residences per acre (RAC) which equates to one house per 3 acres.

With 50% open space, the overall inconspicuousness of the smaller lots obscured by mountains, limited building envelopes, a 50’ transitional buffer zone, and the requirements for native plant species as screening and landscaping will aid in making the higher densities transition to the existing low-density development. Nevertheless, the Applicant proposes to double the density allowed under existing RU-4 zoning (186 units if developed as a conservation subdivision). Therefore, this development does not appear compatible with existing 3-acre and larger development in the surrounding area and the adjacent National Forest lands.

7. Adequate Services and Infrastructure: Complies

Water and Sewer: The proposed lots are large enough to accommodate septic systems and potable water service will be provided by Empirita Water Company.

The Applicant included a copy dated March 27, 2007 of the Arizona Department of Water Resources (ADWR) Determination of Physical Water Adequacy for the Empirita Water Company serving this development. Also provided was the September 2008 Arizona Corporation Commission’s approval of the service area expansion to include all phases of Redhawk and the J-6 Ranch (see Attachment E).

Fire Protection: Chief Bernal of the Mescal Fire District provided comments (see Attachment F). His concerns will be addressed at the Tentative Plat Submittal phase where all requirements of the Cochise County Subdivision Regulations must be met by the Applicant.

In the original 2007 rezoning request, the Forest Service raised a wildfire concern and suggested that "Fire Wise" roof and building construction and defensible space concepts be employed. The current proposal includes a requirement in the proposed Design Guidelines for flat concrete tiles on all pitched roofs. Concrete is listed on the “Fire Wise” website as being fire safe. Additionally, provisions for maintenance of open spaces, to include mowing a reasonable defensible space along perimeter of the parcel will be included in the CC & R’s as well as noted on the plats of each final platted subdivision.

On-site Roads: As part of the subdivision process, all on-site roads will be constructed to County standards, but as this is a proposed gated community, the roads will remain private.

Off-site roads: The Applicant re-submitted the 2007 Traffic Impact Analysis (TIA), which has been reviewed by the County Transportation Planner (Attachment G). Cochise County will require an updated TIA at the time of submittal of a Tentative Plat. This TIA will be submitted by the County to the Arizona Department of Transportation (ADOT) at that time for their review. Specific issues that will need to be fully articulated within the revised TIA include:

• Integrate the revised pedestrian and equestrian access concepts into the proposed rezoning and into the TIA;
• Development of a traffic circulation and access management plan if access to the Coronado National Forest will be provided through this proposed development;
• Resolve access issues to properties east of the site which may include dedicating sufficient right-of-way and constructing to County design standards a short portion of the J-Six Ranch Road extension so that currently existing private access roads are not restricted;
• Include narrative, modeling and diagrams, as appropriate, to meet the current TIA requirements within the subdivision regulations.

8. Traffic Circulation Criteria: May comply with conditions.

Road Circulation: As indicated above, access to properties east of this parcel via J-6 Road will be addressed in an updated TIA at the Subdivision Tentative Platting stage of development.

National Forest Access: Both the United States Forest Service (USFS) and the Arizona Game and Fish Department (AGFD) were contacted for comment on this docket. As with the 2007 docket, they do not take a position for or against a rezoning; however, both agencies raised concerns about public land access. Although the proposed development includes provisions to “establish a public and equestrian trail easement on the western end of J-6 Ranch to facilitate public access to the Coronado National Forest, (page IV-11, Attachment B), it is uncertain how “public” this access would be, as the proposed project is a gated community. Additionally, this proposed site would require a State Lands Right-of-Way permit. An additional proposal was offered on July 26, 2011, by Easter Mountain LLC (Attachment H) to include a parking facility on their property. If pedestrian and equestrian access will be open to the public, issues of vehicular access to the National Forest, liability and location of parking remain.

George McKay, of the Access, Lands, and Boundary Management Division of the USFS, has stated that the National Forest Service will not permit exclusive access for the future J-6 property owners adjoining the public lands. A copy of a written proposal from the USFS to the Applicants was received on September 27, 2011 (Attachment H). In this proposal, the USFS, along with AGFD, is proposing to provide all necessary services and materials to create a new public access within the proposed 50’ buffer along the east side of this parcel, at the end of J-6 Road. Their documentation indicates that this public access road will consist of two tire tracks for high clearance vehicles only, and that the issues of public parking and liability for the public will then fall on the shoulders of the USFS, removing them from future Home Owner’s Association decisions thus creating an ability for all of the public to use and enjoy the public lands. In addition, letters of support for public vehicular access to the Whetstone Mountains were received from the Southern Arizona Hiking Club, the Arizona Wildlife Federation, the Huachuca Hiking Club, Cochise Trails Association, the Arizona Fish and Game, and five private individuals (Attachment I).

Furthermore, the Cochise County Policies regarding Federal Government Lands, approved by the Board of Supervisors on July 26, 2011, states in Section D. Public Access, RS2477 Roads:

1. Access across and to public lands is critical to the use, management, and development of those lands and adjoining private lands.

It is Staff’s recommendation that as a Condition of Approval, the developer be required to provide a legal means of public multi-purpose access through this parcel to the public lands (Condition #4). The proposed development is surrounded by public lands on portions of the eastern, southern, and western edges. This access shall be reflected on future subdivision plats.

9. Development Along Major Streets: Not Applicable.
The property does not access any major roadway.
10. Infill: Not applicable as it applies to non-residential zoning.
11. Unique Topographic Features: Complies.
The Development Capability Report, provided by the Applicant, indicates preservation of washes, slopes over 30%, and environmentally sensitive vegetation and wildlife corridors. These areas will be more specifically delineated during the platting process and will be included in the 50% open space calculation.

12. Water Conservation: Complies

The following Comprehensive Plan polices apply to this development.

1. Major developments shall indicate the design features that will be incorporated into the development to:
(a) Minimize overall water use through water conservation measures such as drought-tolerant landscaping, low-flow fixtures, re-use, water harvesting, deed restrictions and other water conservation methods.
(b) Address accelerated run-off due to construction and impervious surfaces.
(c) Conserve and enhance recharge through methods such as the use of detention basins, protection of open space and minimizing disturbance of soils and other methods.

This proposal includes Sustainability Standards and Design Guidelines to be incorporated by reference into the CCR’s of all future subdivisions at final platting. These documents will ensure that all future residents of the J6 Ranch development will include water conservation as an integral aspect of building and landscaping. Individual wells will be prohibited, the use of native and drought tolerant vegetation will be encouraged, as will gray water use, rainwater harvesting, and drip irrigation. Other water restrictions include: water conserving plumbing fixtures will be required; education on water conservation methods through “water wise’ type publications as part of the sales contracts to home buyers; timers on irrigation systems will be required; passive rainwater harvesting will be required with basins, berms, and swales directing rainwater to existing and new vegetation; requiring hot water recirculation systems; promoting stormwater recharge for each lot; using temporary irrigation for native plants until established; and limiting the use of turf to enclosed rear yards and common areas. Additionally, the subdivision will be utilizing a water company, which the County has supported in the past, as a method to reduce water use. Conditions addressing water conservation were also attached to past re-zoning requests, mainly in the Babocomari area north of Sierra Vista. The Sustainability Standards provided by the Applicant for J-6 Ranch not only include, but exceed those past conditions and Staff is recommending they be a part of any future subdivision (see Condition #5).
13. Public Input: Complies.
The Applicant conducted a Citizen Review Process, and held a formal neighborhood meeting on May 7, 2011, at the Benson Campus of Cochise College. Invitations to this meeting were sent to over 600 property owners within three miles of the parcel; 21 people attended. The comments and concerns expressed by the participants at this meeting included questions regarding the following: 50% open space, the size of the footprint of proposed homes, fencing, total number of homes proposed, access for pedestrian/equestrian pathways, if there would be gates, if the homes would be custom, how design standards would be enforced, the number of wells and where water was coming from, timeline for the project, the content of the Sustainability Plan and the CC&R’s, if firebreaks for insurance when building near a National Forest were included, if fire hydrants are included in the plan and what will be done for your neighbors to the north if their wells draw down. Questions continued regarding whether the Forest Service would have access to the forest, if that access to the National Forest would be dedicated to the US or County, if parking would available, what the actual road access to that point would be, if a road exists or would be created, and if the road would cross state lands. Further questions included whether the development is within the boundaries of the Fire District, if the mausoleum is still on the property, if swimming pools would be permitted, where the location of the well is, if there is any information about when lots would sell, what the increased traffic would do to the J-6 Ranch Road at I-10, if the restrictions on the fences allowed has been done in other states, and if any animals other than domestic, such as horses, would be allowed on these properties.

The Planning Department mailed a legal notice to property owners within 1,500 feet of the Site, posted notices at the Site, and published a legal notice in the Arizona Range News. At the Planning and Zoning Commission hearing on August 10, 2011, three speakers from the National Forest Service voiced their concern over public vehicular access to the Whetstone Mountains along with two representatives from the Arizona Game and Fish. The Arizona Wildlife Federation and the Cochise Trail Association also asked for consideration of public vehicular access to the Whetstone Mountains (Attachment I). Six adjoining property owners voiced their support for this development along with support from the University of Arizona Technical Park and the Southern Arizona Economic Group from Benson. To date, 22 letters of support have been received and are attached. (Attachment J).

Pima County Development Services submitted their comments on this rezoning, and Ray Carroll, Pima County Supervisor, has submitted a request (Attachment K) that the Sustainability Plan and CC&R’s outlining the Applicant’s concessions be made a part of the zoning ordinance. A memorandum outlining concerns of the J-6/ Mescal Community Development Organization (CDO) was received prior to the August Commission meeting (Attachment L). At the hearing on August 10, 2011, nine property owners spoke against this development along with the J6/Mescal Community Development Organization, who presented the Commission with 94 individual signed protest letters (Attachment M). The J-6 CDO has submitted additional petitions signed since the Commission meeting in August. At the time of this memo, 192 nearby parcel owners in Cochise County are protesting this rezoning, as well as 205 nearby Pima County residents (Attachment N).

14. Hazardous Materials: Not applicable

15. Compliance with Applicable Area Plan, Master Development Plan or Comprehensive Plan Policies: Complies This proposal complies with the policies of the Comprehensive Plan regarding rural areas. The characteristics of sparse population and home sites, larger lot sizes, grazing, and large expanses of public lands with undeveloped recreational resources describes the area located south of I-10 to the Whetstone Mountains. With the 50% open space proposal along with transitional zones of native landscape placed between the surrounding lands and this proposed development, the intent of these policies will be met.
If Staff’s recommendation that as a Condition of Approval, a legal means of public access to the National Forest be granted through this parcel, this proposal will fulfill the policies of Cochise County regarding Public Lands under the Comprehensive Plan.
Additional Concerns
In the 2007 proposed rezoning, there were many concerns expressed by various Departments and Agencies. Most of the issues are addressed in this new proposal with the addition of a Sustainability Plan and revised Development and Design Guidelines, which will be included by reference in the CCRs. However, a vital issue remains unresolved—multi-purpose access, including access for emergency service vehicles, to the National Forest. Therefore, this issue has been included in the Staff’s recommended listing of Conditions (Condition #4).
VI. SUMMARY
A goal for the Environment and Land use element of the Cochise County Strategic Plan, 2011 – 2015, states that the intent of the County is “…to preserve and enhance the rural nature of Cochise County by encouraging open space and wise use of water and other natural resources to sustain and enhance the local economy.”

Objective 2 of this same Strategic Plan is to “Safeguard and enhance our open spaces and other natural resources to preserve the County’s rural character.” This plan suggests that a way to encourage open space is “Support for planned development that provides for the preservation of open space and viewscapes.”

The proposed rezoning presents a development that has been professionally designed to preserve a pristine natural setting filled with abundant native plant biomes, and to restore one of the last remaining ranch houses in Southeast Arizona. The Applicants have taken this proposal back to the ‘drawing board’, with many previous issues and concerns regarding wildlife habitat, water conservation, limiting fire risks, and neighborhood interaction and access resolved. While doubling the density seems counter-intuitive, the thoughtful treatment of each facet of the planned development will create a community that will respect the land, the wildlife, and the native plants. Innovative building methods promoting green building concepts, encouraging solar power use, and mandating water conservation, gray water use, and rainwater harvesting will represent the first development of its kind in Cochise County. Creating a conservation subdivision under the County Subdivision Regulations will encourage clustering of homes, promote open spaces, and develop the J6 Ranch as a compatible neighbor to the surrounding areas.

Factors in Favor of Approval

1. This proposal meets the Mandatory Compliance for rezoning from an RU-4 to an SR-2 in a Rural Area.

2. The proposal complies with 11 of the 12 applicable rezoning evaluation factors, which include: the requirements for a Land Use/Concept Plan; the proposed large lot sizes will comply with site development standards; it will allow adjacent districts to develop; it will not create any non-conforming uses; it can provide adequate services and infrastructure; it will preserve the functions of the adjoining streets; it will preserve unique topographical features; it will promote water conservation; and complies with the Comprehensive Plan policies.

3. The development has been included in the service area of the Empirita Water Company by the Arizona Corporation Commission and a “Assured Water Supply Certificate” by the Arizona Department of Water Resources.

4. The parcel will be developed under the Cochise County Subdivision Regulations, which will guide all on-site and off-site impacts.

5. The Applicant conducted a Citizen Review Process by holding a public meeting and included the questions posed and the answers given in the Development Capability Report. In addition, Staff has received 22 letters in support.

Factors Against Approval

1. A doubling of density may be considered incompatible with surrounding development.

2. The issue of public multi-purpose access to Forest Service Lands has not been resolved.

3. Petitions against this proposal were received from the J6/Mescal CDO with 192 signatures of nearby parcel owners and an additional 105 signatures from nearby Pima County parcel owners.

VII. RECOMMENDATION
At the Planning and Zoning Commission meeting on August 10, 2011, 94 petitions were submitted to the Chairman, previously unseen by Staff. Many of those petitions, along with the Arizona Wildlife Federation, the Cochise Trails Association, and several private individuals offered their support for Public vehicular access to the Whetstone Mountains, which requires a legal means of crossing the Applicant’s parcel which is surrounded by Public lands on portions of the eastern, southern and western boundaries.

Based on the Factors in Favor of Approval, Staff recommended that Docket Z-11-06 be conditionally approved, 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 or the approval of the rezoning may be deemed void; 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; and

3. The Applicant will submit a subdivision plat within one year, with a phasing plan for all future development. All construction to be completed within 10 years or a length of time as determined by the Board of Supervisors. If these conditions are not met, the Board of Supervisors may revert the zoning of any portions of the parcel that are not subdivided back to the RU-4 District; and

4. The Applicant will work with the Arizona Fish and Game, the National Forest Service, and Cochise County to develop Public Access through the parcel to the Public Lands, which surround portions of the eastern, southern, and western edges of this parcel, to be reflected on all future subdivision plats.

After the August Commission meeting, Staff re-evaluated these conditions, based on analysis of the information distributed at that meeting and additional input from the Applicant, the Public, and internal review staff. Staff is offering these amended conditions for your consideration:

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 or the approval of the rezoning may be deemed void; 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; and

3. The Applicant will submit a subdivision plat within one year from the date of approval, with a phasing plan for all future development. All subdivision plats will reflect 50% open space and the use of building envelopes. All construction will be completed within 10 years or a length of time as determined by the Board of Supervisors. If these conditions are not met, the Board of Supervisors may revert the zoning of any portions of the parcel that are not subdivided back to the RU-4 District; and

4. Prior to submitting the first subdivision plat, the Applicant must provide either on-site or off-site multi-purpose (vehicular, pedestrian, equestrian, etc) legal access to federal lands. If access to the federal land is provided on-site, it will be reflected on all future subdivision plats.

5. The Applicant shall adhere to the Declaration of Covenants, Conditions, Restrictions, and Easements for J-6 Ranch, dated June,2011 and the Sustainability Plan, dated September, 2011, both prepared by the Planning Center and attached as Exhibit B to the Zoning Ordinance


Sample Motion: Mr. Chairman, I move to conditionally approve Docket Z-11-06, to change the zoning district from RU-4 to SR-2, based on the Factors in Favor of approval as findings of fact, with the conditions of approval recommended by the Planning and Zoning Commission.

OR

Sample Motion: Mr. Chairman, I move to conditionally approve Docket Z-11-06 to change the zoning district from RU-4 to SR-2, based on the Factors in Favor of approval as findings of fact, with the conditions of approval as amended by Staff.

VIII. ATTACHMENTS
A. Rezoning Application
B. Development Capability Report
C. Location Map
D. Citizen Review Notification
E. Certificate of Need and Necessity
F. Mescal/J6 Fire District’s Memo
G. Transportation Planner’s Memo
H. Public Access to the Whetstone Mountains
I. Public Comments: Supporting Access to the Whetstones
J. Public Comments: Supporting the rezoning action
K. Pima County Comments
L. J-6/Mescal CDO Packet
M. Public Comments: Protest Letters from August Commission Meeting
N. Public Comments: Petitions submitted for the Board

If approved, the Chairman will sign and the Ordinance will be recorded with a new zoning district classification for parcel #124-01-013H, from an RU-4 district to a SR-2 district.

The zoning district classification will remain RU-4.

After the Ordinance is signed and recorded, send a copy to Planner.