Consent 6.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 10/11/2016
- Title:
- Z-16-03 (Oldfield) - A request to Amend the Zoning of Parcels 101-36-045, -046, -048A, & -049 to RU-4 from R-36
- Submitted By:
- Peter Gardner, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
No A/V Presentation
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-16-03 (Oldfield)
Information
Agenda Item Text:
Adopt Zoning Ordinance 16-05 approving Docket Z-16-03, amending the zoning district designation for parcels 101-36-045, -046, -048A, &-049 to RU-4 from R-36, pursuant to the request of Mr. Daniel Oldfield & Mrs. Jo Oldfield.
Background:
APPLICATION FOR A REZONING
The Applicant is requesting a rezoning from R-36 (Residential; one dwelling per 36,000 square feet) to RU-4 (Rural; one dwelling per 4 acres). The subject parcels are 10.51 acres in size. The request is to facilitate the use of the Owner-Builder Opt-Out Amendment.
The subject parcels, APN 101-36-045, -046, -048A, & -049, are located on at 5288 N. Lead Stra, east of Bisbee. The Applicants are Daniel & Jo Oldfield.
PLANNING AND ZONING COMMISSION
On Wednesday, September 14, 2016, the Planning and Zoning Commission voted 6-0 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: 10.51 acres
Current Zoning: R-36 (Residential; one dwelling per 36,000 square feet)
Proposed Zoning: RU-4 (Rural; one dwelling per 4 acres)
Growth Area: D – Rural Area
Plan Designation: Rural
Area Plan: None
Existing Uses: Single Family Rural Residential
Proposed Uses: Same
Zoning/Use of Surrounding Properties
II. PARCEL HISTORY
1925 – Barn built
1960 – Easy Acres Subdivision Platted
1965 – Single Family Residence, Septic System, and Accessory Buildings Built
2015 – Permit for additional Septic System Issued
III. NATURE OF REQUEST
The Applicants are requesting to amend the zoning of their five contiguous lots in the Easy Acres Subdivision from R-36 to RU-4. This will permit the use of the Owner-Builder Opt Out Amendment to the Cochise County Building Code.
The Easy Acres Subdivision was platted in 1960, 15 years prior to the adoption of Zoning in 1975. Lot sizes in the subdivision vary from 20,000 square feet to two acres, and all of the lots in the subdivision were zoned R-36. Since the subdivision was platted, a total of 14 homes have been built spread over hundreds of lots, indicating a rural type of development. The subject lots are among the largest in the subdivision, and the applicants own five lots, as well as the 120 acres to the south that is not part of the subdivision. The proposed Rural zoning would be more appropriate for the actual pattern of development.
The Applicant is requesting a rezoning from R-36 (Residential; one dwelling per 36,000 square feet) to RU-4 (Rural; one dwelling per 4 acres). The subject parcels are 10.51 acres in size. The request is to facilitate the use of the Owner-Builder Opt-Out Amendment.
The subject parcels, APN 101-36-045, -046, -048A, & -049, are located on at 5288 N. Lead Stra, east of Bisbee. The Applicants are Daniel & Jo Oldfield.
PLANNING AND ZONING COMMISSION
On Wednesday, September 14, 2016, the Planning and Zoning Commission voted 6-0 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: 10.51 acres
Current Zoning: R-36 (Residential; one dwelling per 36,000 square feet)
Proposed Zoning: RU-4 (Rural; one dwelling per 4 acres)
Growth Area: D – Rural Area
Plan Designation: Rural
Area Plan: None
Existing Uses: Single Family Rural Residential
Proposed Uses: Same
Zoning/Use of Surrounding Properties
| Relation to Subject Parcel | Zoning District | Use of Property |
| North | R-36 | Vacant |
| South | RU-4 | Vacant |
| East | R-36 | Vacant |
| West | RU-4 | State Land |
1925 – Barn built
1960 – Easy Acres Subdivision Platted
1965 – Single Family Residence, Septic System, and Accessory Buildings Built
2015 – Permit for additional Septic System Issued
III. NATURE OF REQUEST
The Applicants are requesting to amend the zoning of their five contiguous lots in the Easy Acres Subdivision from R-36 to RU-4. This will permit the use of the Owner-Builder Opt Out Amendment to the Cochise County Building Code.
The Easy Acres Subdivision was platted in 1960, 15 years prior to the adoption of Zoning in 1975. Lot sizes in the subdivision vary from 20,000 square feet to two acres, and all of the lots in the subdivision were zoned R-36. Since the subdivision was platted, a total of 14 homes have been built spread over hundreds of lots, indicating a rural type of development. The subject lots are among the largest in the subdivision, and the applicants own five lots, as well as the 120 acres to the south that is not part of the subdivision. The proposed Rural zoning would be more appropriate for the actual pattern of development.
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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 parcels will retain the existing R-36 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.