Adopt Zoning Ordinance 15-03 approving Docket Z-15-02, amending the zoning district designation for parcels 117-06-161A, -165, -072A, -177, -178, -179, & -180 to SR-174 from SR-43, pursuant to the request of Ms. Linda S. Blake.

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 parcels total approximately 14.18-acres in size. The rezoning is to facilitate the use of the Owner-Builder Opt-Out Amendment for remodel permits. The subject parcels, 117-06-161A, -165, -072A, -177, -178, -179, & -180, are located along S. Cochise Stronghold Road in Pearce, AZ. The Applicant is Linda S. Blake. I. PLANNING AND ZONING COMMISSION On Wednesday, March 11, 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. No objections were received from any member of the Public. I. DESCRIPTION OF SUBJECT PARCEL AND SURROUNDING LAND USES Parcel Size: 14.18 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: Single Family Residential Proposed Uses: Same Zoning/Use of Surrounding Properties Relation to Subject Parcel Zoning District Use of Property North SR-43 Vacant South SR-43 Vacant East SR-43 Vacant West RU-4 National Forest/Vacant Above: Location map. Dark red area is the home site, lighter red indicates all parcels. III. PARCEL HISTORY 1996 – Permit issued to construct home and accessory structures IV. 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) to allow utilization of the Owner Builder Opt-Out Amendment for remodel permits. V. ANALYSIS OF IMPACTS Mandatory Compliance The subject property lies within a Category D–Rural Area. Section 402 of the Zoning Regulations allows owners of property lying within Rural areas to seek an SR-174 zoning. Downzonings such as this are encouraged in the Rural Areas as well. 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 for a rezoning, as well as to determine what Conditions and/or Modifications may be needed. Ten of the fifteen factors apply to this request. The project, complies with nine those ten factors. The five remaining factors are not applicable to this application. 1. Provides an Adequate Land Use/Concept Plan: Not applicable The request is not connected to any new construction. The rezoning is requested for the purpose of applying for an Owner Builder Opt-Out remodel permit. 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 Rural development. All homes are located on parcels larger than one-acre. 6. Rezoning to More Intense Districts: Not Applicable This is a downzoning from one dwelling per acre to one dwelling per four-acres. 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 new major construction proposed. In addition, this downzone would limit potential development of the site to three homes from the 14 currently allowed. 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 February 23, 2015, and published a legal notice in the Bisbee Observer on February 19, 2015. The Department also mailed notices to property owners within 1,500-feet of the site. To date, staff has not received any statements for or against the 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 lies within the Mid-Sulphur Springs Valley Plan. In the Area Plan, this parcel is designated as Medium Density Residential, which the plan defines as lot sizes of 12,000-square feet to two-acres. While the proposed zoning does not match this designation, it does match the actual pattern of development in the area, where all existing homes sit on four or more acres. In addition, the subject site directly abuts the National Forest. Above: Blake Residence VI. MODIFICATIONS TO DEVELOPMENT STANDARDS None required or requested. VII. PUBLIC COMMENT The Planning Department mailed notices to neighboring property owners within 1,500-feet of the subject property. Staff posted the property on February 23, 2015 and published a legal notice in the Bisbee Observer on February 19, 2015. In response to applicant and County mailings, the Planning Department received no letters supporting or opposing this request. VIII. 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. While the request does not comply to the letter of the Mid-Sulphur Springs Valley Plan, Staff feels that the request complies with the ultimate intent of the Plan, as well as with the conditions on the ground. 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 downzoning of Rural properties with high permitted densities to protect Rural Character; and 3. No letters in opposition have been received. 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. IX. 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.

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 parcels 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 records.