Yuma County Planning & Zoning Commission Meeting Public Notice

YUMA COUNTY PLANNING & ZONING COMMISSION MEETING PUBLIC NOTICE AND AGENDA

The Yuma County Planning & Zoning Commission meetings can also be viewed on the Yuma County Government Cable Channel 77.

DATE: Monday, February 25, 2013 TIME: 5:00 p.m. PLACE: Aldrich Auditorium, 2351 West 26th Street, Yuma, Arizona

MEMBERS: Martín Porchas, Dist. 1 Michael Henry, Vice Chairman, Dist. 3 Vacant, Dist. 1 Gary Black, Dist. 4 Max Bardo, Dist. 2 Vacant, Dist. 4 Paul White, Chairman, Dist. 2 Alicia Z. Aguirre, Dist. 5 Wayne Briggs, Dist. 3 John McKinley, Dist. 5

STAFF: Paul Melcher, Planning Director Maggie Castro, Planning Section Manager Chad Bahr, Planner II Juan Leal-Rubio, Planner II Javier Barraza, Planner II Fernando Villegas, Planner II Angelica Gomez, Office Spec.II

ADVISORS: Diana Gomez, Director, County Health District Joe Wehrle, County Tax Assessor Edward Feheley, Deputy County Attorney for Jon Smith, County Attorney Arturo Alvarez, Civil Engineer, Assistant for Roger Patterson, County Engineer

Note: A quorum of the Commission may gather for dinner prior to the beginning of the meeting and no legal action will be taken.

1. Call to Order the Regular Session of the Yuma County Planning & Zoning Commission and verify quorum.

2. Pledge of Allegiance.

3. Approval of Planning and Zoning Commission regular meeting minutes of January 28, 2013.

4. Rezoning Case No. 13-01: Wayne Eide, agent for South Mesa AZ L.L.C., requests the rezoning of a parcel 50.0 gross acres in size from Rural Area-10 acre minimum (RA-10) to Suburban Ranch-2 acre minimum (SR-2), Assessor’s Parcel Number 197-21-005, located on the east side of Araby Road/State Route 195 (SR-195) between County 13th Street and County 13½ Street, Yuma, Arizona.

5. Request for a Commission Initiative to amend the Yuma County Subdivision Regulations to include currency of the United States as a form of Assurance and Warranty and to include provisions regarding interest.

6. Request to initiate a minor amendment to Section 3.1 1 (specifically Maps 3 and 3.1) of the Land Use Element of the 2020 Comprehensive Plan.

7. Request for Commission Initiative to amend the Yuma County Comprehensive Building Code(s) pursuant to ARS §11-861.

8. Discussion of draft Renewable Energy Incentive District language.

9. Planning Commission review and approval of the Calendar Year 2012 Planning Division annual report.

10. Discussion by the Commission members and Planning Director of events attended, current events, and the schedule for future Planning Commission meetings.

11. Adjourn.

Note: For further information about this public hearing/meeting, please contact Paul Melcher, Planning Director, phone number (928) 817-5000; or e-mail [email protected] or TDD/TTY (Arizona Relay Service): call in 1-800-367-8939, call back 1-800-842-4681. Individuals with special accessibility needs should contact the individual indicated above before the hearing/meeting with special need requirements.

Note: The Commission may vote to hold an Executive Session for the purpose of obtaining legal advice from the Commission's attorney on any matter listed on the agenda, pursuant to A.R.S. §38-431(A)(3).

P&Z Commission Agenda 4. Meeting Date: 02/25/2013 Submitted For: Paul Melcher Submitted By: Juan Leal-Rubio Department: Planning & Zoning Division - DDS

Information 1. REQUESTED ACTION: Rezoning Case No. 13-01: Wayne Eide, agent for South Mesa AZ L.L.C., requests the rezoning of a parcel 50.0 gross acres in size from Rural Area-10 acre minimum (RA-10) to Suburban Ranch-2 acre minimum (SR-2), Assessor’s Parcel Number 197-21-005, located on the east side of Araby Road/State Route 195 (SR-195) between County 13th Street and County 13½ Street, Yuma, Arizona.

2. INTENT: The applicant intends to create a subdivision comprised of two-acre parcels for manufactured or site-built home sites.

3. For detailed analysis see attached staff report 4. STAFF'S RECOMMENDATION: Staff recommends approval of this request subject to the Performance Conditions and Schedule for Development in the attached staff report.

Staff Report to the Yuma County Planning and Zoning Commission

February 25, 2013

Rezoning Case No. 13-01

REQUEST: Rezone a parcel 50.0 gross acres in size from Rural Area-10 acre minimum (RA-10) to Suburban Ranch-2 acre minimum (SR-2), Assessor’s Parcel Number 197-21-005, located on the east side of Araby Road/State Route 195 (SR-195) between County 13th Street and County 13½ Street, Yuma, Arizona.

APPLICANT/AGENT: Wayne Eide, agent for South Mesa AZ L.L.C.

Application is within Supervisor District 2: Russell McCloud; Commissioners Paul White and Max Bardo. Staff report prepared by Juan Leal Rubio, Planner II.

DIRECTIONS: From the intersection of 32nd Street and State SR-195, travel south on SR-195 3 miles to the intersection of County 14th Street and turn east (left) onto County 14th Street. Travel approximately ¼ mile to the intersection of Mesa Dunes Road and turn north (left). Travel north on Mesa Dunes Road approximately ½ mile to County 13½ Street for approximately one-sixth of a mile (Mesa Dunes Road converts into Avenue 6¾E at the intersection of County 13½ Street). The subject property is located in the vicinity of County 13¼ Street and Avenue 6¾E. ______

INTENT:

The applicant intends to create two acre parcels for manufactured or site-built home sites.

SITE CONDITIONS:

The subject property is undeveloped land characterized as undisturbed open desert with a narrow sand trail running across the property in a north-south direction and passable only by all terrain vehicles.

Surrounding Zoning and Land Uses within the 300 foot radius: Parcels 3, 14 and 13 on the west side of SR-195 are zoned RA-10 and are vacant, open desert. Parcel 10 to the south is also zoned RA-10 and vacant, open desert. Parcels 6, 7 and 8 to the south are zoned Suburban Site Built-2 acre minimum (SSB-2) and contain site built homes. Parcel 9 to the south is zoned SSB-2 and is vacant. Parcel 9 and 10 located at the southeast corner of the intersection of the alignments of Avenue 6¾E and County 13¼ Street are zoned SR-2 and are vacant. Parcel 5 located approximately 330 feet to the east of the intersection of the alignments of Avenue 6¾E and County 13¼ Street is zoned RA-10 and has a site built home with horse corrals. Parcel 4 to the north and east of the subject property has a site built home located east of the eastern boundary of the subject parcel and the remaining land remains vacant, open desert. Lastly, Parcel 1 located at the southwest corner of the intersection of the alignments of Avenue 7E and County 13¼ Street is zoned Rural Area-5 acre minimum (RA-5) and is vacant. Rezoning Case No. 13-01 Page 2 of 5

The subject property is accessed from Avenue 6¾E, an unimproved sand road with portions of the road leading to the subject property having 30 feet of dedicated right-of-way and other portions having 60 feet of dedicated right-of-way.

The SR-2 zoning district is intended to low density residential development in semi-rural areas. Large minimum lot sizes are required so that agricultural land uses, as well as the keeping of a limited number of horses and farm animals, can occur without negatively affecting surrounding residential properties.

The subject property is located in the Yuma Mesa Planning Area of the 2020 Comprehensive Plan and is designated Rural Density Residential (R-RD). The R-RD land use designation supports residential uses and densities that are rural in nature. This designation allows for residential development that is compatible with surrounding agricultural uses and other areas and uses that are incompatible with urban style residential development; allows for residential development in conjunction with continued agricultural uses and the keeping of a limited number of horses and farm animals; and allows for residential development in areas that have insufficient infrastructure to support residential development at a greater density. The large parcel size required under the Rural Density Residential designation allows for a single parcel to contain both a septic tank and a well. Residential development can take the form of site-built homes or manufactured homes. The density allowed in the R-RD land use designation is 1 dwelling unit per 2 acres to 1 dwelling unit per 10 acres with minimum 2 acres parcels.

The subject property is located within the six-minute response time radius by Rural Metro Fire Department Station No. 4 located at 6740 East Highway 80, which is approximately 4.2 driving miles away from the property. The subject property is located outside of the ten-minute response time radius by the Yuma County Sheriff’s Department main office located at 141 South 3rd Avenue, which is approximately 13.0 driving miles.

The subject property is located within Yuma Union High School District No.70 and Yuma School District No.1. The Arizona School Facilities Board published an Average Daily Membership (ADM) yield factor based on Census 2010 data that can be used to calculate an approximation of student population generated by the proposed residential development. The ADM yield factor is a close equivalent to the number of district school students a house unit produces. In this area of Yuma County, the 25 residential lot development can potentially add six students to Yuma School District No. 1 and five students to Yuma Union High School District No. 70 at build-out according to the ADM yield factor.

The property is located in the Territory in the Vicinity of a Military Airport. The Barry M. Goldwater Range (BMGR) is approximately ½ mile to the south. The Marine Corps Air Station is recommending that a range disclosure statement be requested as a condition of the rezoning process, recognizing the noise, interference, and vibrations that may happen due to military activities in the BMGR.

CRITICAL ISSUES:

The subject parcel is located within the Yuma PM10 Non-attainment Area. A non-attainment area describes a geographic area in which the level of specific airborne particulate matter exceeds federal air quality standards. Any future residential development will require paved roadways leading to and Rezoning Case No. 13-01 Page 3 of 5 within the subdivision which will help mitigate pollutants that could potentially be created by the traffic created by the residents.

The proposed 50.0 acre rezoning could potentially add 25 residential lots to a proposed future subdivision. Because the development would add residential lots in excess of 6 or more, all requirements of the Yuma County Subdivision Regulations, including the filing of a tentative map and recording of a final map, shall be met.

The average weekday vehicle trip generation per dwelling unit is 10 trips. With 25 residential lots, the average for the proposed subdivision, when built out, could be 250 trips (50% entering, 50% exiting) per the Institute of Transportation’s Engineer’s Trip Generation Manual.

The U. S. Department of Agriculture Important Farmland Map designates the subject area as “Other Lands”. Other lands is land that is not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.

ORDINANCES, CODES AND REGULATIONS THAT PERTAIN TO THE APPLICATION:

• Yuma County Zoning Ordinance • Yuma County Comprehensive Building Code • 2003 International Fire Code • Environmental Health Laws (ARS Titles 36 and 49) • All requirements of the Yuma County Flood Control District shall be met. • All requirements of the Yuma County Public Works Standards Volumes I, II and III shall be met.

SUMMATION NOTES:

SUPPORT STAFF SUMMARY: The application is on file along with the comments from Yuma County staff. The Yuma County Flood Control District and the Yuma County Environmental Health Section offered a no comment response. The Yuma County Engineering Division offered the following comment: "The dedication (of right-of-way) will be addressed at the tentative map submittal, therefore no right of way will be required for the rezoning case...". The Building Safety Division offered the following comment: "An approved water supply shall be provided for the subdivision to support manual firefighting operations. 2003 IFC 508.1."

LETTERS OF SUPPORT. OPPOSITION. AGENCY, MILITARY. SPECIAL INTEREST: On a memo dated, January 24, 2013, Paula L. Backs, representing the Marine Corps Air Station, offered the following comment: “This property is located between 1/2 and 1 mile from Barry M. Goldwater Range (BMGR). The Regional Development Plan shows this area for 2 acre minimum parcel size lots. It is required that a Range Disclosure Statement be recorded that recognizes the noise , interference, and vibrations that may happed due to military activities performed within the BMGR...”. On a memo Rezoning Case No. 13-01 Page 4 of 5 dated, January 22, 2013, Isabell Garcia, representing ADOT, offered the following comment: "SR 195 is a controlled-access facility and the granting of access to the highway shall not be permitted. The developer will need to plan for alternate ingress and egress to their development. The potential effects on County 14th Street and SR 195 warrant further study and ADOT is recommending that a Traffic Impact Analysis (TIA) be completed. The TIA would need to follow the study requirements found at http://www.azdot.gov/highways/traffic/PGP.asp under the link for section 240. ADOT would like to review and comment on the traffic impact analysis. In addition, possible developers are responsible for noise mitigation measures to protect the people on the property adjacent to SR 195." Various other agencies responded with a "no comment" response.

CITIZEN COMMENTS: On February 04, 2013, staff received an email from Cheryl L. Lauris who resides within a 300' radius of the subject property, at 6628 East County 13½ Street, expressing support of this proposal. Her comment reads: "We got a card at home in regards to the rezoning of 50.0 acres from 11-3/4 Street and 6-3/4 E, Yuma. My husband and I are both very supportive of this development and it could not be coming to a more perfect area than here & now! Please do not hesitate to include us as very favorable!"

DEVELOPMENT EVALUATION CHECKLIST: The Development Evaluation Checklist identifies the following Impact Categories: Conformance to Existing Plans; Land Use Compatibility; Natural Resources; Public Infrastructure; Natural Environmental Conditions; Manmade Environmental Conditions; and Health, Safety and Welfare. A point system is used to score whether a proposal should likely be approved or denied. Of a possible maximum score of 300, the total score for this proposal is 290. A score of 295 represents a high score, which indicates that this proposal should be approved because it is unlikely that this proposal would have a negative impact on land use or environmental and social welfare conditions in the vicinity of the subject area.

CHRONOLOGY:

01-14-13 Application received 02-01-13 Public notice mailed to properties within 300 feet of the request 02-01-13 Letter mailed informing applicant of item being placed on the Planning Commission’s public hearing agenda 02-04-13 Property posted for Planning Commission public hearing 02-06-13 Legal ad appears in the Yuma Sun for the Planning Commission’s public hearing 02-14-12 Staff report mailed to applicant and/or agent 02-25-13 Planning Commission's public hearing

RECOMMENDATION:

Staff recommends approval of this request based on: 1) The proposed use is compatible with surrounding zoning and land uses. Staff recommends attaching the following Performance Conditions and Schedule for Development:

Rezoning Case No. 13-01 Page 5 of 5

Performance Conditions.

1) The owner must provide an A.R.S. §12-1134 waiver within 60 days of approval by the Board of Supervisors.

2) The owner must record an avigation disclosure statement within 60 days of approval by the Board of Supervisors.

Schedule for Development.

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BOMBING RANGE

DEPARTMENT OF CASE NO: RZ13-01 DEVELOPMENT LOCATION: Vicinity of Co. 13-1/4 ST. & Ave 6-3/4 E SERVICES APN: 197-21-005 PLANNING & ZONING DIVISION 2351 W. 26TH STREET YUMA, AZ 85364 CASE PLANNER: J. Leal Rubio 300' BUFFER DATE DRAWN: 01/18/13 REVIEWED BY: J. Barraza SUBJECT PROPERTY µ ZONING FOR INFORMATION ONLY - NO LIABILITY ASSUMED SCALE: 1" = 1,000' MUNICIPALITY Yuma County 2020 Comprehensive Plan Development Evaluation Checklist

Case No.RZ13-01 Agent: Wayne Eide Parcel #: 197-21-005 Current Zoning: RA-10 Proposed Zoning: SR-2 Acreage 50

IMPACT CATEGORY I. YES NO SCORE CONFORMANCE TO EXISTING PLANS 1 The proposal is consistent with the Yuma County 2020 Comprehensive Plan, Joint Land Use Plan (JLUP), 25 0 25 area plans, and other applicable county, state, or regional plans. 2 The proposed project reduces open space or rural preservation areas identified in the Yuma County 2010 0 10 10 Comprehensive Plan. 3 The proposed use is consistent and compatible with overlay zoning districts applicable to the subject 10 0 10 parcel such as the Airport District, Gila Mountain, or Visual Corridor overlay zones.

IMPACT CATEGORY II. LAND USE COMPATIBILITY 4 The proposed use is the same or similar to the uses 25 0 25 in the surrounding vicinity. 5 The proposed density is the same or similar to the 25 0 25 existing density in the surrounding vicinity. 6 The location of the project is appropriate considering 25 0 25 proximity to existing transportation, shopping, services and employment.

IMPACT CATEGORY III. NATURAL RESOURCES 7 The project, or a part of the project is located within 0 10 10 the 100-year floodplain or floodway. 8 The subject parcel is located in an area of known high 0 5 5 groundwater or a surface water source is present 9 The project will result in the loss of prime and/or 0 15 15 unique farmland.

IMPACT CATEGORY IV. PUBLIC INFRASTRUCTURE 10 Adequate improvements to the existing transportation system are proposed (i.e., intersection improvements, road widening, turn lanes, etc.) to accommodate the 15 0 15 anticipated increase in traffic, or the development will not result in an increase in traffic.

[Path]RZ13-01 Devlpmnt Eval Chcklst.xls 11 Any public right-of-way necessary to accommodate the 5 0 5 development has been or is proposed to be dedicated. 12 A traffic impact study is either not required, or if required has been completed indicating the conclusions 5 0 5 and recommendations for improvements. 13 A public or private water system, or an on-site water 5 0 5 source, will adequately serve the proposed development

IMPACT CATEGORY V. NATURAL ENVIRONMENTAL CONDITIONS 14 The project site contains endangered or threatened animal or plant species, or contains ecologically 0 5 5 sensitive land. 15 The project site contains earthquake fault lines, fissures, cracks, sinkholes, craters, or is within an 0 5 5 earthquake liquefaction area. 16 Soils within the project area are stable and suitable for 5 0 5 the proposed development. 17 There are visual indications of previous slides, slumps or other soil problems (cracked walls and foundations, 0 5 5 tilted trees or fences, settling, flooding, etc.) in the project area. 18 The site contains slopes of 12% or greater. 0 5 5

IMPACT CATEGORY VI. MANMADE ENVIRONMENTAL CONDITIONS 19 The site contains fossils, artifacts, relics, monuments, 0 5 5 or structures of archaeological or cultural significance. 20 Given the existing noise and estimated future noise levels of the area, the site is appropriate for the 5 0 5 proposed activities and facilities. 21 The project will increase PM10 (particulate matter 10 microns or less diameter) or other air pollution levels 0 5 0 in the vicinity. 22 The proposed project will release emissions such as nitrates, sulfates, or organic carbons into the air, which 0 15 15 may reasonable be anticipated to causes or contribute to regional haze or impairment of visibility.

IMPACT CATEGORY VII. HEALTH, SAFETY, AND WELFARE 23 Physical access to the site is traversable by a two- 15 0 15 wheel drive passenger motor vehicle. 24 Access to or within the site is via a non-paved surface (which increases the amount of particulates such as 0 10 10 soot or dust in the air). 25 Response time for emergency vehicles (Rural/Metro ambulance and fire) is 6 minutes or less, and 10 10 0 5 minutes or less for law enforcement (Sheriff's Dept.).

[Path]RZ13-01 Devlpmnt Eval Chcklst.xls 26 A legal public right of vehicular ingress and egress 10 0 10 exists to and from the parcel. 27 The proposed land use is an allowed use according to the Yuma County Zoning Ordinance Airport District 10 0 10 Land Use Matrix. 28 Elementary, middle, and high schools serving the subject property will be able to accommodate any 10 0 10 projected enrollment increases within existing capacities.

TOTAL SCORE 290

MAX POSSIBLE SCORE 300

HIGH SCORE MODERATE SCORE LOW SCORE

Total score is 275 to 300. Total score is 250 to 274. Total score is 249 or less

A score falling in this A score falling in this A score falling in this category represents a category represents a category represents a proposal that likely should proposal that likely proposal that likely should be be approved. contains some redeeming denied. qualities but is lacking in The proposal is likely to be one or more areas. The proposal likely does not in compliance with adopted comply with several adopted land use plans, policies, Proposals within this score land use policies, goals, or and objectives, has good range typically should be objectives, may not have access, and is compatible more carefully considered. physical or legal access, or with surrounding development. may not be compatible with surrounding development.

Approved by:JLR Date: 02/01/13

[Path]RZ13-01 Devlpmnt Eval Chcklst.xls

From: Craig Sellers To: Juan Leal Rubio Subject: RE: RZ13-01 RFC Date: Tuesday, January 22, 2013 12:48:08 PM

No comment

Please review and get back to me with comments.

Thank you.

Juan Leal Rubio Planner II 928-817-5176

From: Richard J. Stacks To: Juan Leal Rubio Subject: RE: RZ13-01 RFC Date: Tuesday, January 22, 2013 10:21:50 AM

No Comment for this Re-Zoning case.

Rick Stacks, R.S. Environmental Programs Manager Office: (928)-817-5084 Cell: (928)-941-2373

Please review and get back to me with comments.

Thank you.

Juan Leal Rubio Planner II 928-817-5176

YUMA COUNTY Planning & Zoning Division REQUEST FOR COMMENTS

January 18, 2013

CASE NUMBER: Rezoning Case No. 13-01

PROJECT DESCRIPTION: Wayne Eide, acting as an agent for South Mesa AZ L.L.C., requests the rezoning of a parcel 50.0 gross acres in size from Rural Area-10 acre minimum (RA-10) to Suburban Ranch-2 acre minimum (SR-2), Assessor’s Parcel Number 197-21-005, located immediately west and north of the intersection of County 13-1/4 Street and Avenue 6-3/4E, Yuma, Arizona.

PROJECT SUMMARY: The applicant intends to rezone the subject property to SR-2 to allow residential lots on two acre parcels.

PUBLIC HEARING: Tentatively scheduled for 2/25/13.

COMMENTS DUE: ASAP

Please provide a determination of compliance or complete the comments section below and return or forward your comments to me. For additional information, please contact me at (928)817- 5176.

Thank you,

Juan Leal Rubio Case Planner Planner II

Attachments: Prelim. Case Map

____COMMENT _X__NO COMMENT

DATE:_1/24/13 __NAME:__Gen Grosse, Corporate Account Manager______

AGENCY/DIVISION:___Yuma County Airport Authority______

RETURN TO: Juan Leal Rubio 2351 West 26th Street Yuma, Arizona 85364 Fax: (928)817-5157 [email protected]

YUMA COUNTY Planning & Zoning Division REQUEST FOR COMMENTS

January 18, 2013

CASE NUMBER: Rezoning Case No. 13-01

PROJECT SUMMARY: The applicant intends to rezone the subject property to SR-2 to allow residential lots on two acre parcels.

PUBLIC HEARING: Tentatively scheduled for 2/25/13.

COMMENTS DUE: ASAP

Please provide a determination of compliance or complete the comments section below and return or forward your comments to me. For additional information, please contact me at (928)817-5176.

Thank you,

Juan Leal Rubio Case Planner Planner II

Attachments: Prelim. Case Map

_X COMMENT ____NO COMMENT

SR 195 is a controlled-access facility and the granting of access to the highway shall not be permitted. The developer will need to plan for alternate ingress and egress to their development. The potential effects on County 14th Street and SR 195 warrant further study and ADOT is recommending that a Traffic Impact Analysis (TIA) be completed. The TIA would need to follow the study requirements found at http://www.azdot.gov/highways/traffic/PGP.asp under the link for section 240. ADOT would like to review and comment on the traffic impact analysis. In addition, possible developers are responsible for noise mitigation measures to protect the people on the property adjacent to SR 195.

DATE:_____1/22/13______NAME:_Isabell Garcia ______

AGENCY/DIVISION:_ADOT Yuma District______

RETURN TO: Juan Leal Rubio 2351 West 26th Street Yuma, Arizona 85364 Fax: (928)817-5157 [email protected] From: Sharon Williams To: Juan Leal Rubio Subject: RE: RZ13-01 RFC Date: Tuesday, January 22, 2013 9:58:00 AM

No comment from San Luis. I also received your Test message last week.

Sharon E. Williams "The only constant is change, continuing change, inevitable change." Isaac Asimov (1920-1992)

Please review and get back to me with comments.

Thank you.

Juan Leal Rubio Planner II 928-817-5176

From: [email protected] To: Juan Leal Rubio Subject: Re: RZ13-01 RFC Date: Monday, January 21, 2013 7:51:55 AM

January 18, 2013

CASE NUMBER: Rezoning Case No. 13-01

PROJECT SUMMARY: The applicant intends to rezone the subject property to SR-2 to allow residential lots on two acre parcels.

PUBLIC HEARING: Tentatively scheduled for 2/25/13.

COMMENTS DUE: ASAP

Please provide a determination of compliance or complete the comments section below and return or forward your comments to me. For additional information, please contact me at (928)817-5176.

Thank you,

Juan Leal Rubio Case Planner Planner II

Attachments: Prelim. Case Map

____COMMENT __X__NO COMMENT

DATE:_1/21/13______NAME:_Orrin Hoppe______

AGENCY/DIVISION:__Unit B Irrigation District______

RETURN TO: Juan Leal Rubio 2351 West 26th Street Yuma, Arizona 85364 Fax: (928)817 -5157 [email protected] -----Original Message----- From: Juan Leal Rubio To: Angelica.bharat ; Anne.camacho ; boklee ; dan.hann ; Wellton ; BKnowles ; rjsm09 ; Bfenske ; bruce.heckman ; carmenj ; charles.gulden ; Charles.ruerup ; chuck.wullenjohn ; cdidway ; Doug.Bowman ; Edmund.Ramirez ; agui2400 ; Gen ; george.t.fischbach ; gramirez ; pkoury ; IGarcia ; Jgarrison ; Robert.gutierrez2 ; Jeff_humphrey ; jennifer.albers ; jcabrera ; jreiffenberger ; jcampa ; jstarkey ; JTHeidrich ; Kenneth.Epperley ; lance.toyofuku ; lucyshipp ; matthew.d.williamson2 ; mstraub ; rluna ; paula.backs ; rmolenar ; Sewilliams ; Rick.rohrick ; Steven.terry ; uirrigatio ; lnoel ; tdavis ; ttyree ; trushin ; yid ; Pmorgan ; abadone ; Cgutierrez ; Richard J. Stacks ; Pat Headington ; John Savicky ; Craig Sellers ; Amy Darlinton ; Arturo Alvarez Sent: Fri, Jan 18, 2013 4:35 pm Subject: RZ13-01 RFC

Please review and get back to me with comments.

Thank you.

Juan Leal Rubio Planner II 928-817-5176

From: Williamson, Matthew D CIV (US) To: Juan Leal Rubio Cc: Bharat, Angelica S CIV (US) Subject: FW: RZ13-01 RFC Date: Tuesday, January 22, 2013 6:50:35 AM Attachments: REQUESTFORCOMMENTRZ1301.doc RZ13-01.pdf

Sir,

USAG Yuma has no comment.

Thanks,

Matt Williamson Community Planner Directorate of Public Works US Army Garrison Yuma 928-328-2048

Please review and get back to me with comments.

Thank you.

Juan Leal Rubio

Planner II From: Pat Morgan To: Juan Leal Rubio Subject: RE: RZ13-01 RFC Date: Monday, January 28, 2013 10:30:21 AM

Sorry I thought I marked to NO COMMENT LINE. Pat

From: Juan Leal Rubio [mailto:[email protected]] Sent: Friday, January 25, 2013 09:23 AM To: Pat Morgan Subject: RE: RZ13-01 RFC

Did you mean to comment on this? I see no response.

Please let me know.

Thanks.

From: Pat Morgan [mailto:[email protected]] Sent: Tuesday, January 22, 2013 10:27 AM To: Juan Leal Rubio Subject: RE: RZ13-01 RFC

Please review and get back to me with comments.

Thank you.

YUMA COUNTY Plann ing & Zoning Division REQUEST FOR COMMENTS

January 18, 2013

CASE NUMBER: Rezoning Case No. 13-01

PROJECT SUMMARY: The applicant intends to rezone the subject property to SR-2 to allow residential lots on two acre parcels.

PUBLIC HEARING: Tentatively scheduled for 2/25/13.

COMMENTS DUE: ASAP

Please provide a determination of compliance or complete the comments section below and return or forward your comments to me. For additional information, please contact me at (928)817- 5176.

Thank you,

Juan Leal Rubio Case Planner Planner II

Attachments: Prelim. Case Map

____COMMENT _X___NO COMMENT

DATE:____1/22/2013______NAME:___Mark S. Teuscher, Senior Transportation Planner_____

AGENCY/DIVISION:_____YMPO______

RETURN TO: Juan Leal Rubio 2351 West 26th Street Yuma, Arizona 85364 Fax: (928)817-5157 [email protected] From: Cheryl L. Lauris To: Juan Leal Rubio Subject: Rezoning 50.0 gross Acres Date: Monday, February 04, 2013 12:25:59 PM

Dear Mr. Rubio We got a card at home in regards to the rezoning of 50.0 acres from 11-3/4 Street and 6-3/4 E, Yuma. My husband and I are both very sup portative of this development and it could not be coming to a more perfect area than here & now! Please do not hesitate to include us as very favorable!

Sincerely, Cheryl Lauris Lauris Construction, Inc 4531 E. 30Th Place Yuma, Az 85365 Ph: 928*341*9500 [email protected] Residentual Address: 6628 E. County 13 1/2 Street PrintThe newspapers of Arizona make public notices from their printed pages available electronically in a single database for the benefit of the public. This enhances the legislative intent of public notice - keeping a free and independent public informed about activities of their government and business activities that may affect them. Importantly, Public Notices now are in one place on the web (www.PublicNoticeAds.com), not scattered among thousands of government web pages.

County: Yuma Printed In: Sun (Yuma), The Printed On: 2013/02/06

NOTICE OF PUBLIC HEARING

The Yuma County Planning and Zoning Commission will hold a public hearing on Monday, February 25, 2013, at 5:00 p.m. in the Aldrich Auditorium in the Department of Development Services Building, 2351 West 26th Street (west entrance), Yuma, Arizona to consider the following item:

Rezoning Case No. 13-01: Wayne Eide, agent for South Mesa AZ L.L.C., requests the rezoning of a parcel 50.0 gross acres in size from Rural Area-10 acre minimum (RA-10) to Suburban Ranch-2 acre minimum (SR-2), Assessor's Parcel Number 197-21-005, located on the east side of Araby Road/State Route 195 (SR-195) between County 13th Street and County 13 1/2 Street, Yuma, Arizona.

For further information about this hearing, please contact the Yuma County Planning & Zoning Division, 2351 West 26th Street, Yuma, Arizona (928) 817-5000, or TDD (Arizona Relay Service), call in 1-800-367-8939, call back 1-800-842-4681. Handicapped individuals with special accessibility needs should contact the County at the number above at least 2 working days prior to the hearing with special need requirements. Daily February 6, 2013 - 1100641

Public Notice ID: 19866789

P&Z Public Notice.txt[02/06/2013 2:14:03 PM]

P&Z Commission Agenda 5. Meeting Date: 02/25/2013 Submitted For: Paul Melcher Submitted By: Fernando Villegas Department: Planning & Zoning Division - DDS

Information 1. REQUESTED ACTION: Request for a Commission Initiative to amend the Yuma County Subdivision Regulations to include currency of the United States as a form of Assurance and Warranty and to include provisions regarding interest.

2. INTENT: This is a proposed text amendment to the Yuma County Subdivision Regulations to include currency of the United States as a form of assurance and warranty. The Board of Supervisors approved Commission Initiative No. 12-08 (CI12-08) on December 3, 2012 to include County Trust Agreements as a form of assurance and warranty. With the approval CI12-08, cash and currency of the United States was removed from the Subdivision Regulations as a form of assurance. During the approval, the Board of Supervisors asked staff to reintroduce currency of the United States as an alternative form of assurance and to include provisions regarding interest.

3. For detailed analysis see attached staff report 4. STAFF'S RECOMMENDATION: Staff recommends that the Planning Commission initiate a text amendment to the Yuma County Subdivision Regulations as presented.

M E M O R A N D U M

TO: Yuma County Planning & Zoning Commission

FROM: Fernando Villegas, Planner II

THRU: Maggie Castro, Manager, Planning Section

RE: Request for a Commission Initiative to amend the Yuma County Subdivision Regulations to include currency of the United States as a form of Assurance and Warranty and to include provisions regarding interest.

DATE: February 5, 2013

This is a proposed text amendment to the Yuma County Subdivision Regulations to include currency of the United States as a form of assurance and warranty. The Board of Supervisors approved Commission Initiative No. 12-08 (CI12-08) on December 3, 2012 to include County Trust Agreements as a form of assurance and warranty. With the approval CI12-08, cash and currency of the United States was removed from the Subdivision Regulations as a form of assurance. During the approval, the Board of Supervisors asked staff to reintroduce currency of the United States as an alternative form of assurance and to include provisions regarding interest.

The proposed changes are shown below. Text that is in strikethrough format is intended to be deleted and text in BOLD CAPS format is proposed new text to be added.

Proposed changes:

Section 8.5--Form of Assurances and Warranty for the Subdivision Improvements

A. Assurances and warranties shall be in the form of CURRENCY OF THE UNITED STATES, performance bonds, irrevocable Letters of Credit or a Certificate of Deposit in accordance with the Arizona Administrative Code, Title 4, Chapter 28.

B. All assurances and warranties will be reviewed by the County Attorney's Office who will advise the County Engineer as to their adequacy. Any assurance and warranty determined to be inadequate shall not be accepted.

Page 2 of 2 Request for Commission Initiative

C. Assurances and warranties IN THE FORM OF PERFORMANCE BONDS, IRREVOCABLE LETTERS OF CREDIT OR A CERTIFICATE OF DEPOSIT will be accepted only if: 1. Made by or through a financial institution, insurance company or surety company, each which must be regulated AND LICENSED by the State of Arizona to provide such assurances or warranties.

2. SHALL NOT EXPIRE UNLESS THE COUNTY ENGINEER RECEIVES NOTIFICATION SIXTY DAYS PRIOR OF THEIR EXPIRATION.

D. Assurances and warranties, shall not expire unless the County Engineer receives notification sixty days prior of their expiration.

D. DEPOSITS TO YUMA COUNTY IN CURRENCY OF THE UNITED STATES WILL NOT ACRUE INTEREST TO THE BENEFIT OF THE DEPOSITOR.

STAFF RECOMMENDATION:

Staff recommends that the Planning Commission initiate a text amendment to the Yuma County Subdivision Regulations as presented

P&Z Commission Agenda 6. Meeting Date: 02/25/2013 Submitted For: Paul Melcher Submitted By: Juan Leal-Rubio Department: Planning & Zoning Division - DDS

Information 1. REQUESTED ACTION: Request to initiate a minor amendment to Section 3.1 1 (specifically Maps 3 and 3.1) of the Land Use Element of the 2020 Comprehensive Plan.

2. INTENT: The Office of the Arizona Attorney General is recommending that these changes take place in order for them to recognize the Yuma County 2020 Comprehensive Plan as being in compliance with the requirements of Arizona Revised Statutes (ARS), Title 28, Chapter 25, Article 7 (ARS §28-8481). The maps are being amended to reflect the appropriate restrictions on residential development within High Noise and Accident Potential Zones.

3. For detailed analysis see attached staff report 4. STAFF'S RECOMMENDATION: Staff recommends the Planning Commission initiate a minor amendment to amend the Yuma County 2020 Comprehensive Plan as presented.

M E M O R A N D U M

TO: Yuma County Planning and Zoning Commission

FROM: Juan Leal Rubio, Planner II

RE: Request to initiate a minor amendment to Section 3.1 of the Land Use Element of the Yuma County 2020 Comprehensive Plan.

DATE: February 14, 2012

This is a request to amend Section 3.1 (specifically Maps 3 and 3.1) of the Land Use Element of the 2020 Comprehensive Plan. The maps are being amended to reflect the appropriate restrictions on residential development within High Noise and Accident Potential Zones.

The Office of the Arizona Attorney General is recommending that these changes take place in order for them to recognize the Yuma County 2020 Comprehensive Plan as being in compliance with the requirements of Arizona Revised Statutes (ARS), Title 28, Chapter 25, Article 7 (ARS §28-8481). ARS 28-8461(9)(c) states as follows: "High noise or accident potential zone" means any property located in the following zones: (c) For Yuma marine corps air station and Laguna army airfield in Yuma county and Libby army airfield in Cochise county, within the noise contours established by the most recent air installation compatible use zone report recognized by the military airport and political subdivisions in that county or the report of a cooperative land use planning effort among affected political subdivisions and the military airport recognized by the military airport and political subdivisions in that county, including the arrival and departure corridor that is the accident potential zone one and accident potential zone two plus the land area described as follows: starting two hundred feet from the end points of the main runways and at a width of three thousand feet and symmetrical about a centerline between the runways extending outward to a point thirty thousand feet from the point of beginning. The outer width is seventeen thousand five hundred feet.

As described above, the area within the arrival and departure corridor lying outside the 65 dB noise zone is part of the High Noise and Accident Potential Zone (HNAPZ) and is subject to the same restrictions required in the 65 dB noise zone. The HNAPZ includes the areas within the 65 dB noise zone, 70 dB noise zone, and 75+ dB noise zone. The arrival and departure corridor is depicted on Maps 3 and 3.1 in the two trapezoids labeled "Arrival & Departure Corridor." The maps need to be revised to change the labeling shown on each map from "Arrival & Departure Corridor" to "High Noise or Accident Potential Zone" with the following footnote: "Single family residential development is restricted pursuant to the Comprehensive Plan, Land Use Element." The Land Use Element states as follows:

It is the position of the Attorney General that pursuant to A.R.S. § 28-8481(F) and (P) and Attorney General Opinion No. I08-003, no new residential development within a high noise or accident potential zone is allowed unless the subject property had a building permit issued, had a residence constructed, or was approved for residential development under the terms and conditions of a development plan prior to December 31, 2004. Land that was zoned, but upon which one of the above criteria was not met prior to December 31, 2004, is not exempt from the requirements of A.R.S. § 28-8481 and thus Yuma County will not approve any new residential construction within these zones.

The proposed changes are shown below in the accompanying maps.

THIS MAP TO BE REMOVED

Map 3: MCAS-Yuma Regulatory Aras THIS MAP TO BE REMOVED

Map 3.1: Noise Exposure and Compatibility Overlay Map 3: MCAS-Yuma Regulatory Aras

Map 3.1: Noise Exposure and Compatibility Overlay

Recommendation:

Staff recommends the Planning Commission initiate a minor amendment to amend the Yuma County 2020 Comprehensive Plan as presented.

P&Z Commission Agenda 7. Meeting Date: 02/25/2013 Submitted For: Paul Melcher Submitted By: Maggie Castro Department: Planning & Zoning Division - DDS

Information 1. REQUESTED ACTION: Request for Commission Initiative to amend the Yuma County Comprehensive Building Code(s) pursuant to ARS §11-861.

2. INTENT: Arizona Revised Statutes §11-861-Adoption of codes by reference; limitations; method of adoption: A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures, except that the board may authorize that areas zoned rural or unclassified may be exempt from the provisions of the code adopted. Such codes may be adopted by reference after notice and hearings before the county planning and zoning commission and board of supervisors as provided in this chapter for amendments to the zoning ordinance of the county. B. The board of supervisors may adopt a fire prevention code in the unincorporated areas of the county in which a fire district has not adopted a nationally recognized fire code pursuant to section 48-805. Any fire code adopted by a board of supervisors pursuant to this subsection shall remain in effect until a fire district is established and adopts a code applicable within the boundaries of the district. C. For the purpose of this article, codes authorized by subsections A and B of this section shall be limited to the following: 1. Any building, electrical, plumbing or mechanical code that has been adopted by any national organization or association that is organized and conducted for the purpose of developing codes or that has been adopted by the largest city in that county. If the board of supervisors adopts a city code, it shall adopt, within ninety days after receiving a written notification of a change to the city code, the same change or shall terminate the adopted city code. 2. Any fire prevention code that has been adopted by a national organization or association organized or conducted for the purpose of developing fire prevention codes and that is as stringent as the state fire code adopted pursuant to section 41-2146.

3. For detailed analysis see attached staff report 4. STAFF'S RECOMMENDATION: Staff recommends the Planning Commission initiate a Commission Initiative to adopt the building code(s) that the City of Yuma adopt.

STAFF REPORT TO THE COMMISSION

February 14, 2013

Request for Commission Initiative

REQUEST: Request for Commission Initiative to amend the Yuma County Comprehensive Building Code(s) pursuant to ARS §11-861.

APPLICANT: Patrick Headington, Chief Building Official

______

INTENT:

The Chief Building Official requests the Planning & Zoning Commission begin an Initiative to amend the Yuma County Comprehensive Building Safety Code pursuant to ARS §11-861.

DESCRIPTION:

The City of Yuma is adopting new building codes with some minor amendments. In order to meet the requirements of the State of Arizona Revised Statute §11-861, the county must amend the existing Yuma County Comprehensive Building Safety Code.

P&Z Commission Agenda 8. Meeting Date: 02/25/2013 Submitted For: Paul Melcher Submitted By: Paul Melcher Department: Planning & Zoning Division - DDS

Information 1. REQUESTED ACTION: Discussion of draft Renewable Energy Incentive District language.

2. INTENT: The overall intent of this request is to establish in the Yuma County 2020 Comprehensive Plan renewable energy incentive district maps and incentives and amend the Yuma County Zoning Ordinance to allow specific renewable energy development by right with said incentive districts in accordance with (ARS §11-254.07).

The purpose of having the item on the agenda is to review with the Commission the two new concepts included in the draft language. The first concept relates to expedited rezoning requests and what that concept means. The second concept relates to Major Amendments in a renewable energy incentive district. The language pertaining to these concepts is included in the attached staff report. After the meeting and having received any comments from the Commission, staff will proceed with a request for a Commission Initiative to establish the district.

3. For detailed analysis see attached staff report 4. STAFF'S RECOMMENDATION: There is not a staff recommendation for this item.

M E M O R A N D U M

TO: Planning & Zoning Commission

FROM: Paul Melcher, Planning Director

DATE: February 25, 2013

SUBJECT: Discussion related to the renewable energy incentive district Yuma County Zoning Ordinance text amendment and 2020 Comprehensive Plan Minor Amendment.

The intent of this request is to establish in the Yuma County 2020 Comprehensive Plan renewable energy incentive district maps and incentives and amend the Yuma County Zoning Ordinance to allow specific renewable energy development by right within said incentive districts.

Section One: Yuma County Zoning Ordinance Text Amendment

Section 202.00 Definitions:

UTILITY SCALE SOLAR ENERGY GENERATING FACILITY: AN ENERGY GENERATION FACILITY COMPRISED OF ONE OR MORE FREESTANDING, GROUND-MOUNTED DEVICES THAT CAPTURE SOLAR ENERGY AND CONVERT IT TO ELECTRICAL ENERGY FOR USE IN LOCATIONS OTHER THAN WHERE IT IS GENERATED WITH THE PRIMARY PURPOSE OF WHOLESALE OR RETAIL SALES OF GENERATED ELECTRICITY.

RENEWABLE ENERGY INCENTIVE DISTRICT (REID): A DISTRICT ESTABLISHED BY THE BOARD OF SUPERVISORS PURSUANT TO A.R.S. §11- 254.07 FOR THE PURPOSES OF PROMOTING RENEWABLE ENERGY DEVELOPMENT.

PROPOSED NEW SECTION:

SECTION 1117.00 – UTILITY SCALE SOLAR ENERGY FACILITIES UTILITY SCALE SOLAR ENERGY GENERATING FACILITIES SHALL COMPLY WITH THE FOLLOWING:

Renewable Energy Incentive District Page 2

A. SHALL BE ALLOWED BY RIGHT ON PROPERTIES ZONED RA, LI, HI, OR II IF LOCATED WITHIN AN AREA DESIGNATED IN THE COMPREHENSIVE PLAN AS A RENEWABLE ENERGY INCENTIVE DISTRICT. B. SHALL EMPLOY ONLY PHOTOVOLTAIC OR OTHER TECHNOLOGY THAT DOES NOT USE ANY MORE WATER THAN WOULD BE USED BY A PHOTOVOLTAIC SYSTEM. C. SHALL NOT BE LOCATED IN AN AREA CLASSIFIED BY THE YUMA COUNTY COMPREHENSIVE PLAN AS VALLEY AGRICULTURAL LAND. D. SHALL NOT BE LOCATED IN AN AREA CLASSIFIED BY THE YUMA COUNTY COMPREHENSIVE PLAN AS A VISUAL CORRIDOR. E. SHALL NOT BE LOCATED CLOSER THAN 300 FEET FROM RESIDENTIAL STRUCTURES EXISTING AT THE TIME OF SITE ESTABLISHMENT. F. SHALL NOT BE LOCATED CLOSER THAN 300 FEET FROM THE EDGES OF THE FLOW CHANNEL OR STREAMBED OF A NAMED WASH OR CLOSER THAN 300 FEET FROM AN AREA DESIGNATED AS FLOOD HAZARD AREA A ACCORDING TO FEDERAL EMERGENCY MANAGEMENT MAPS. G. IN ACCORDANCE WITH YUMA COUNTY PUBLIC WORKS STANDARDS VOLUME I, SECTION 7.3 GUIDELINES FOR TRAFFIC STUDIES, A TRAFFIC STUDY WILL BE REQUIRED. ALL IMPROVEMENTS REQUIRED BY THE TRAFFIC STUDY SHALL BE COMPLETED PRIOR TO CONSTRUCTION OF THE FACILITY. H. ACCESS ALONG PUBLIC RIGHTS-OF-WAY SHALL BE IN ACCORDANCE WITH PUBLIC WORKS STANDARDS VOLUME I, SECTION 7.2.8 DRIVEWAY/CURB CUTS. I. A TRAFFIC MANAGEMENT PLAN SHALL BE PREPARED TO MITIGATE CONSTRUCTION EFFORTS PRIOR TO CONSTRUCTION. J. THE OWNER/OPERATOR SHALL MAINTAIN AND MAKE AVAILABLE TO YUMA COUNTY CURRENT COPIES OF ALL PERMITS AND NOTICES FROM SUBMISSIONS TO ANY FEDERAL, STATE, OR LOCAL REGULATORY AUTHORITY. K. SOLAR GENERATING FACILITIES SHALL BE ENCLOSED BY A PERIMETER FENCING AT LEAST SIX (6) FEET IN HEIGHT.

L. THE MANUFACTURER’S OR INSTALLER’S IDENTIFICATION AND APPROPRIATE WARNING SIGNAGE SHALL BE POSTED AT THE SITE IN A CLEAR, VISIBLE MANNER.

Renewable Energy Incentive District Page 3

M. SHALL HAVE A TRANSITIONAL BUFFER YARD OF 50 FEET IN DEPTH AND SCREENED WITH TYPE B – BROKEN SCREEN COMPOSED OF EITHER: 1. ONE (1) CANOPY TREE PER FORTY (40) LINEAL FEET OF BUFFER YARD; 2. ONE (1) UNDER STORY TREE PER THIRTY (30) LINEAL FEET OF BUFFER YARD; 3. ONE (1) SHRUB PER SIX (6) LINEAL FEET OF BUFFER YARD; OR 4. ANY COMBINATION OF THE ABOVE; 5. ANY OTHER SCREENING THAT MEETS OR EXCEEDS THE DEGREE OF SCREENING ACHIEVED BY THE ABOVE. 6. THE BROKEN SCREEN IS INTENDED TO CREATE THE IMPRESSION OF SPATIAL SEPARATION BETWEENUSES WITHOUT NECESSARILY ELIMINATING VISUALCONTACT BETWEEN THE SPACES.

N. SOLAR GENERATING EQUIPMENT AND ALL ASSOCIATED BUILDINGS SHALL MEET ALL DEVELOPMENT STANDARDS FOR THE ZONING DISTRICT.

O. SHOULD THE PROJECT NOT BE CONSTRUCTED FOR OR ACQUIRED BY AN ARIZONA PUBLIC UTILITY, THE APPLICANT SHALL MAINTAIN A BOND IN THE AMOUNT OF THE FULL DECOMMISSIONING COST AT THE END OF THE ANTICIPATED LIFE OF THE PROJECT, NET OF SALVAGE VALUE, AS ESTIMATED BY A PROFESSIONAL ENGINEER REGISTERED IN THE STATE OF ARIZONA. SAID BOND SHALL BE REVIEWED AND APPROVED AS TO FORM, SUBSTANCE AND AMOUNT BY THE COUNTY ENGINEER. THE ENGINEER’S ESTIMATE OF DECOMMISSIONING COSTS SHALL BE RENEWED NO LESS THAN EVERY FIVE YEARS BY A PROFESSIONAL ENGINEER REGISTERED IN THE STATE OF ARIZONA, AND A COPY OF EACH RENEWED ESTIMATE SHALL BE PROVIDED TO THE COUNTY ENGINEER FOR REVIEW AND APPROVAL. THE DECOMMISSIONING BOND SHALL BE ADJUSTED IN ACCORDANCE WITH THE RENEWED COST ESTIMATE WITHIN 30 DAYS AFTER APPROVAL BY THE COUNTY ENGINEER. THE SUP HOLDER SHALL PROVIDE PROOF THAT THE BOND IS IN PLACE PRIOR TO COMMENCEMENT OF CONSTRUCTION. P. THE OWNER/OPERATOR SHALL EMPLOY A CHIEF SAFETY PROFESSIONAL AND PROVIDE A 24 HOUR EMERGENCY CONTACT PHONE NUMBER SHOULD THE PROPERTY NOT BE ACQUIRED AND MAINTAINED BY AN ARIZONA PUBLIC UTILITY. Q. THE DEVELOPER OR PROPERTY OWNER SHALL REQUEST A LETTER FROM THE ARIZONA GAME AND FISH DEPARTMENT TO Renewable Energy Incentive District Page 4

DETERMINE ANY POSSIBLE IMPACTS TO THREATENED OR ENDANGERED SPECIES. A COPY OF THE FINDINGS MUST BE PRESENTED TO THE DEPARTMENT OF DEVELOPMENT SERVICES. THE DEVELOPER SHALL PROVIDE THE DEPARTMENT OF DEVELOPMENT SERVICES WITH A MITIGATION PLAN APPROVED BY THE ARIZONA GAME AND FISH DEPARTMENT PRIOR TO DEVELOPMENT.

R. A LIGHTING PLAN SHALL BE PREPARED THAT DOCUMENTS HOW LIGHTING WILL BE DESIGNED AND INSTALLED TO MINIMIZE NIGHT-SKY IMPACTS DURING FACILITY CONSTRUCTION AND OPERATIONS PHASESLIGHTS IN HIGH-ILLUMINATION AREAS NOT OCCUPIED ON A CONTINUOUS BASIS SHALL BE SWITCHES, TIMER SWITCHES, OR MOTION DETECTORS SO THAT THE LIGHTS OPERATE ONLY WHEN THE AREA IS OCCUPIED. WHEREVER FEASIBLE, CONSISTENT WITH SAFETY AND SECURITY, LIGHTING SHALL BE KEPT OFF WHEN NOT IN USE. THE LIGHTING PLAN SHALL INCLUDE A PROCESS FOR PROMPTLY ADDRESSING AND MITIGATING COMPLAINTS ABOUT POTENTIAL LIGHTING IMPACTS.

S. SOLAR FACILITIES SHALL BE SITED AND DESIGNED PROPERLY TO ELIMINATE GLINTING AND GLARE EFFECTS ON ROADWAYS USERS, NEARBY RESIDENCES, COMMERCIAL AREAS OR OTHER HIGHLY SENSITIVE VIEWING LOCATIONS, OR REDUCE IT TO THE LOWEST ACHIEVABLE LEVELS. A STUDY TO ASSESS ACCURATELY AND TO QUANTIFY POTENTIAL GLINTING AND GLARE EFFECTS AND TO DETERMINE POTENTIAL HEALTH, SAFETY, AND VISUAL IMPACTS ASSOCIATED WITH GLINTING AND GLARE EFFECTS SHALL BE CONDUCTED BY QUALIFIED INDIVIDUALS USING APPROPRIATE AND COMMONLY ACCEPTED SOFTWARE PROCEDURES. THE STUDY RESULTS MUST BE MADE AVAILABLE TO THE YUMA COUNTY DEPARTMENT OF DEVELOPMENT SERVICES (DDS) IN ADVANCE OF PROJECT APPROVAL. IF THE PROJECT DESIGN IS CHANGED DURING THE SITING AND DESIGN PROCESS SUCH THAT SUBSTANTIAL CHANGES TO GLINTING AND GLARE EFFECTS MAY OCCUR, GLINTING AND GLARE EFFECTS SHALL BE RECALCULATED, AND THE STUDY RESULTS MADE AVAILABLE TO DDS.

T. MULTIPLE COLOR CAMOUFLAGE TECHNOLOGY APPLICATIONS SHALL BE CONSIDERED FOR PROJECTS WITHIN SENSITIVE VIEWSHEDS AND WITH VISIBILITY DISTANCE BETWEEN 0.25 AND 2 MILES. BUREAU OF LAND MANAGMENT GUIDANCE ON THE USE Renewable Energy Incentive District Page 5

OF COLOR TO MITIGATE VISUAL IMPACTS SHALL BE CONSULTED.

U. FINAL APPROVAL OF A UTILITY SCALE SOLAR ENERGY GENERATING FACILITY PURSUANT TO THIS SECTION WILL BE BASED ON A SITE PLAN SUBMITTED BY THE PROPERTY OWNER OR AGENT SHOWING THAT THE PROPOSED FACILITY COMPLIES WITH THE REQUIREMENTS OF THE YUMA COUNTY ZONING ORDINANCE. PLANNING DIRECTOR APPROVAL OF THE SITE PLAN IS REQUIRED PRIOR TO THE DEPARTMENT OF DEVELOPMENT SERVICES ISSUING PERMITS FOR DEVELOPMENT. ANY CHANGE FROM AN APPROVED SITE PLAN WILL REQUIRE APPROVAL BY THE PLANNING DIRECTOR.

Section Two: REID District Incentive Plan and Maps

Arizona Revised Statutes (ARS) §11- 254.07

Based on comments received from both the Board and Commission, staff is presenting three (3) areas in Yuma County to designate as renewable energy incentive districts pursuant to ARS §11-254.07 (see below).

11-254.07. Renewable energy incentive districts; definition A. The board of supervisors may designate a renewable energy incentive district in any unincorporated area of the county if all of the following apply: 1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the board of supervisors deems suitable for renewable energy equipment, that are appropriate sizes for the construction and operation of renewable energy equipment. The board of supervisors may designate large portions of unincorporated county land or noncontiguous portions of land as a renewable energy incentive district or districts. 2. The proposed district is located within an area of the county so that the construction and operation of renewable energy equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy equipment including: (a) The ability to adequately buffer the district from surrounding incompatible uses. (b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands. (c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors. (d) Compatibility with commercial and military air space requirements. 3. The board of supervisors has evaluated the extent to which the proposed district is consistent with the existing county comprehensive plan and has Renewable Energy Incentive District Page 6

determined that the proposed district does not conflict with the plan. The board of supervisors may determine that the district is not a major amendment to the county comprehensive plan pursuant to section 11-805. B. Before establishing a renewable energy incentive district, the board of supervisors shall: 1. Identify the boundaries of the proposed district. 2. Notify the owners of private property in the proposed district, property managers of federal and state land in the proposed district and adjacent property owners by first class mail sent to the addresses on the most recent tax roll. The notice shall be mailed at least fifteen days before the hearing held to adopt the energy incentive plan. C. If the board of supervisors establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy equipment in the district. The plan may include: 1. Expedited zoning or rezoning procedures. 2. Expedited processing of plans, proposals and permits. 3. Waivers or abatement of county zoning fees, processing fees, and county improvement district fees and assessments for development activities. 4. Waiver or abatement of development standards and procedural requirements. D. For the purposes of this section, "renewable energy equipment" has the same meaning prescribed in section 42-14155.

As part of the district incentives, the Board must include a renewable energy incentive plan pursuant to subsection C above. As a result, staff is proposing that Yuma County offer an expedited zoning request process for those property owners desirous of rezoning a property to be eligible for “by-right” development of utility scale solar projects as described in Section One. In short, staff can reduce the rezoning case review time as an administrative function while still meeting statutory property posting and notice requirements. This will be described in the minor amendment to the Yuma County 2020 Comprehensive Plan Energy Element under Section 10.4 Alternative Renewable Energy Sources as follows:

The subsection titled Renewable Energy Sources: will become item A to read, A. Renewable Energy Sources, including removing the colon at the end of the section title. An item B will be added to read, B. Renewable Energy Incentive District.

In addition, the following text will be inserted under this section:

In order to encourage the construction and operation of renewable energy equipment in the district in accordance with the Yuma County Zoning Ordinance, the Board of Supervisors has adopted an incentive plan that includes the expedited processing of rezoning cases when a property owner or agent is rezoning a property to a Rural Area, Light Industrial, Heavy Industrial, or Intensive Industrial zoning designation.

Renewable Energy Incentive District Page 7

In addition, rezoning requests in a REID do not trigger a major amendment unless the request involves the loss of any land designated as Sensitive Areas and Resource Lands and/or Loss of any land designated Open Space and Recreational Resource Lands.

In addition to the text aspect of the amendment, the following maps will be added to the section.

Renewable Energy Incentive District Area 1

Renewable Energy Incentive District Page 8

Renewable Energy Incentive District Area 2

Renewable Energy Incentive District Page 9

Renewable Energy Incentive District Area 3

P&Z Commission Agenda 9. Meeting Date: 02/25/2013 Submitted For: Paul Melcher Submitted By: Paul Melcher Department: Planning & Zoning Division - DDS

Information 1. REQUESTED ACTION: Planning Commission review and approval of the Calendar Year 2012 Planning Division annual report.

2. INTENT: The purpose of the annual report is to meet reporting requirements pursuant to Section 5(B) of the Planning and Zoning Commission (Commission) bylaws. This section requires that the Commission send a report annually to the Board of Supervisors summarizing its activities. As a result, this report contains the activity summaries of the Commission and the Planning Division for Calendar Year (CY) 2012.

The intent of this item is to have the Planning Commission review the document to determine if there is additional information the Commission wants to present so that staff can amend the report prior to it going to the Board of Supervisors for review.

3. For detailed analysis see attached staff report 4. STAFF'S RECOMMENDATION: Staff recommends that the Planning Commission review the draft 2012 Annual Report and recommend changes as needed.

M E M O R A N D U M

TO: Planning and Zoning Commission

FROM: Maggie Castro, Planning Manager

SUBJECT: Planning and Zoning Activities for Calendar Year 2012

DATE: February 25, 2013

The purpose of the annual report is to meet reporting requirements pursuant to Section 5(B) of the Planning and Zoning Commission (Commission) bylaws. This section requires that the Commission send a report annually to the Board of Supervisors summarizing its activities. As a result, this report contains the activity summaries of the Commission and the Planning Division for Calendar Year (CY) 2012. For ease of review, the report is divided into two sections: the Planning Section and the Zoning Enforcement Section. Zoning Enforcement activities are included in the report since the Commission recommends and the Board of Supervisors approves the rules and regulations contained in the Zoning Ordinance, and it will be useful to each entity to see what enforcement activity is generated from these regulations.

Section One: Planning Section

The Planning Section processed seven (7) Commission Initiatives, 17 land division permits, ten (10) minor amendments, 11 rezoning requests, 18 special use permit requests, one (1) tentative map application, two (2) temporary special use permits, seven (7) temporary use permits requests and 11 variance requests.

The Planning Commission reviewed eight (8) rezoning cases, 14 special use permit cases, seven (7) Commission Initiatives for text amendments to regulatory documents, one (1) Commission Initiative to rezone nine parcels, three (3) minor amendments to the Comprehensive Plan for changes of land use designations, two (2) minor amendments for text amendments to the Comprehensive Plan, two (2) tentative maps, and two (2) requests for modifications from the Subdivision Regulations. The Board of Adjustment reviewed 12 variance cases that dealt with requests for relief from Zoning Ordinance requirements. There was one (1) appeal of the Planning Director’s interpretation of the Zoning Ordinance in relation to signs/billboards with the Board of Adjustment upholding the Director’s interpretation.

Page 2 of 8 2011 Planning and Zoning Activities The Board of Supervisors reviewed eight (8) rezoning cases, 16 special use permit cases, one (1) subdivision final plat, two requests for modifications from the Subdivision Regulations, seven (7) commission initiatives for text amendments to regulatory documents, one (1) commission initiative to rezone nine parcels, three (3) minor amendments to the Comprehensive Plan for changes of land use designation, and one (1) minor amendment for a text amendment to the Comprehensive Plan.

A total of 64.67 acres were rezoned by the Board of Supervisors as follows:

Acreage Rezoned to: 22.74 Residential (SSB, SR, R-2, R-1-20) 29.39 Heavy Industrial (HI-1) 8.14 Commercial (C-2) 2.05 Planned Development (PD) 2.35 Transportation, Communications and Utilities (TCU)

In all, the Board of Supervisors approved 27 cases as follows: Eight (8) rezoning cases, 15 special use permit cases, one (1) Commission Initiative to rezone nine (9) parcels, and three (3) minor amendments for changes to a land use designation. The table below lists the number of cases (rezoning, special use permit, Commission Initiative, minor amendment) approved by the Board of Supervisors in each planning area.

Number of Cases Approved Planning Area 5 Northwest Yuma Planning Are 5 Foothills Planning Area 5 Yuma Valley Regional Planning Area 4 Gila Valley Planning Area 4 Yuma Mesa Planning Area 1 Martinez Lake Planning Area 1 Dome Valley/Wellton Planning Area 1 Dateland/East County Planning Area 1 City of San Luis General Plan

Reversions of Zoning, Extension of time to comply with the Schedule for Development, and Revocations of Special Use Permits

The Board of Supervisors approved 11 extensions of time to comply with the Schedule for Development and reverted the zoning of ten (10) previously approved cases. Additionally, the Board made a determination that one (1) Special Use Permit expired.

Major Amendments

There were no major amendments received for calendar year 2012.

Page 3 of 8 2011 Planning and Zoning Activities

Zoning Ordinance/Comprehensive Plan/Subdivision Regulation Text Amendments

The Board of Supervisors approved the following text amendments to the Zoning Ordinance and Comprehensive Plan:

Text amendment to Section 403.02 to remove paragraph B in its entirety. Deleting paragraph B brought the Zoning Ordinance into compliance with Arizona Revised CI12-02 Statutes §11-816. The change clarified the language to avoid conflict between the Zoning Ordinance and the statutory provision that does not require a vote by majority of the Board of Adjustment to approve an action. Text amendment to Sections 202.00, 310.00, 311.00, 601.03(X) and (Y), 602.03(D) and (E), 603.03(D) and (E), 604.03(M) and (O), and 607.03(D) and (E) CI12-01 to replace the terms Second Dwelling Unit, Guest House, and Residential Guest Quarters with the term Accessory Dwelling Unit. Text amendment to Section 909.00 to ensure compliance with Americans with CI12-03 Disabilities Act (ADA) guidelines for parking spaces for handicapped persons. Text amendment to Section 1115 regarding the regulation of Wireless CI12-04 Communication Facilities (WCFs), including design, concealment, and disguise of new WCFs, and incorporating language regulating Distributed Antenna Systems.

The Board of Supervisors approved the following text amendment to the Comprehensive Plan:

A text amendment to Section 3.1 (specifically the subsection captioned Marine Corps Air Station-Yuma) of the Land Use Element to reflect appropriate 2012-MA-03 restrictions of residential development within High Noise and Accident Potential Zones.

The Yuma County Board of Supervisors approved the following text amendment to the Yuma County Subdivision Regulations:

Text amendment to the Subdivision Regulations to add Section 8.6 to include County Trust Agreements as a form of assurance and warranty for subdivision CI12-08 improvements and to allow Yuma County to revert a subdivision to acreage when improvements are not completed by the subdivider.

Additional Information

The Board of Supervisors adopted the 2020 Comprehensive Plan on February 22, 2012. The Plan was written to fulfill mandates of the State and the Growing Smarter legislation. The Yuma County 2020 Comprehensive Plan provides an updated foundation for long term growth and development in the county. The Yuma County 2010 Comprehensive Plan was adopted by the Board of Supervisors December 10, 2001. Arizona Revised Statutes §11-805(M) states as follows: “A county comprehensive plan, with any amendments, is effective for up to ten Page 4 of 8 2011 Planning and Zoning Activities years from the date the plan was initially adopted or until the plan is readopted or a new plan is adopted pursuant to this subsection and becomes effective. On or before the tenth anniversary of the plan’s most recent adoption, the board shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new county plan as provided by this article.”

Planning & Zoning Commission Subcommittee meetings

The Commission appointed a subcommittee to discuss proposed amendments to the Yuma County Zoning Ordinance and prepare draft language to be presented to the full Commission. The subcommittee held one meeting on April 23, 2012. The topics discussed at the subcommittee meetings were Planning & Zoning Commission Bylaws and recommended amendments and possible amendments to Section 1115.00 of the Yuma County Zoning Ordinance pertaining to Wireless Communication Facilities.

5 Year Comparison of Activities:

Planning Section Activities 2008 2009 2010 2011 2012

Commission Initiative Cases 5 4 16 7 7 Land Division Permits 39 24 20 14 17 Major Amendment Cases 3 0 2 1 0 Minor Amendment Cases 11 9 4 5 10 Rezoning Cases 27 17 10 10 11 Special Use Cases 21 12 15 21 18 Subdivision Applications 7 2 1 0 1 Temporary Special Use Permits 3 3 4 0 2 Temporary Use Permits 10 9 9 9 7 Variance Cases 23 17 10 9 11 Total 149 97 91 76 84 Staffing Levels 2008 2009 2010 2011 2012 Planning Director 1 1 1 1 1 Planning Manager 2 1 1 1 1 Planner III 2 1 1 1 0 Planner II 6 5 5 4 4 Planner I 2 2 2 2 2 Total 13 10 10 9 8

Page 5 of 8 2011 Planning and Zoning Activities This table is designed to show a five-year comparison of the activity totals from CY08 through CY12. As one can see, the overall number of cases increased by nearly 11% from CY11 to CY12, with the most notable increases in activity occurring the in the number of Minor Amendment and Land Division applications processed. Furthermore, this table shows that activity levels have generally stabilized beginning in CY09 after significant declines from the peak activity years of CY2002-07.

Last year’s report detailed the Planning Divisions reductions in staff levels and its efforts to cross train the Planner IIs to handle both Long Range and Community Planning duties. By cross training the remaining Planner II positions, the Planning Director has not needed to fill the Planner III position. Even with reductions to the overall number in staff, the Planning Division continues to meet, and in several areas exceed, department service goals and objectives.

Section Two: Zoning Enforcement Section

The current Zoning Enforcement Section staffing consists of the Zoning Inspector and two Deputy Zoning Inspectors. The section enforces the Yuma County Zoning Ordinance and does so primarily on a reactive basis, but will act proactively in order to address an eminent threat to health, safety, or welfare. Estimates on the percentage of complaints received from a third party resulting in investigations are approximately 98%.

During CY12, section activities continued to be supportive of all of the divisions within the Department of Development Services. The major areas of involvement for the section included:

• Enforcement Activities • Training of Personnel • Assistance to DDS Divisions • Assistance to other Agencies • Public Education

Page 6 of 8 2011 Planning and Zoning Activities

Enforcement Activities per CY08-12

The following information is a recap of the enforcement activities:

Section Activities 2008 2009 2010 2011 2012

Total Complaints Received 1,665 1,086 1,257 575 566 Total Inspections Conducted 24,465 4,983 3,872 1,327 1,573 Unresolved (Open) Cases N/A 183 169 179 142 Resolved (Closed) Cases 1,572 1,211 1,282 576 605 Total Cases Initialized N/A 1,106 1,270 571 580 Investigative Ranking N/A 1,063 1,248 575 564 (Medium) Unfounded Complaints N/A 154 117 135 120 Initial Property Inspections N/A 1,000 1,155 500 563 Subsequent Inspections N/A 3,282 2,303 667 771 Total Violations N/A 11,547 5,455 1,617 2,238 Hearing Officer Cases 215 127 69 23 4 Referred Hearing Officer Cases 215 127 69 23 4 Resolved Staffing Levels 1 SDZI 1 SDZI 1 SDZI 1 SDZI 2 DZI 4 DZI 3 DZI 2 DZI 2 DZI

This table is designed to show a five-year comparison of the activities totals from CY08 through CY12.

In comparing CY11 and CY12 totals, one can see that activity levels appear to be leveling off after significant decreases from CY08 to CY10 based on a change in enforcement philosophy that eliminated the inspections of properties adjacent the primary property. Overall activity increased approximately 28% from CY11 to CY12, with the most notable increases occurring in both the Total and Subsequent Inspections Conducted categories.

Of note is the over 80% decrease in the number cases heard by the Hearing Officer from CY11 to CY12. This decrease is due in part to the Deputy Zoning Inspectors’ philosophy of encouraging voluntary compliance for those property owners in violation who show a good faith effort to abate the violation but need extensions to do so. The other factor contributing to this reduction is that there were fewer cases carried over from CY11 to CY12 as there were in CY10 to CY11.

Training Personnel

In October 2007, the Coalition of Arizona County Code Enforcement Officials (CACCEO) formed, with the membership comprised of county code enforcement official from throughout the state of Arizona. CACCEO works under the umbrella of the Association of Arizona County Page 7 of 8 2011 Planning and Zoning Activities Planning Directors (AACPD). In, 2011 CACCEO completed the statewide certification training program for code enforcement officers and deputy zoning inspectors.

This certification program is available for all enrollees, government employees or not, through CACCEO’s partnership with Arizona Western College (AWC). AWC hosts the online course while CACCEO members are responsible for maintaining and updating course content. To date, 29 people have earned a certificate.

Membership Structure of CACCEO and AACPD

CACCEO’s officers are as follows: President Paul Melcher, Yuma County; Vice-President Charles Hart, Maricopa County; and Secretary Margie Chapman, Gila County. The listed members include: Milton Ollerton, Apache County; Rick Corley, Cochise County; Steve Brown, Coconino County; Steve McGaughey, Graham County; Phillip Ronnerud, Greenlee County; Mike Baker, La Paz County; Christine Ballard, Mohave County; Trent Larson, Navajo County; Rick Bruster, Pima County; Paula Mullenix and Carrie Duncan, Pinal County; Angelika Ortiz, Santa Cruz County; and Steven Mauk and Kathleen McCaw, Yavapai County.

AACPD’s officer’s are as follows: President Arlan Colton, Pima County, Vice President Darren Gerrard, Maricopa County; and Secretary Paul Melcher, Yuma County. The listed members include: Mary Dahl, Santa Cruz County; Chris Ballard, Mohave County; Trent Larson, Navajo County; Phil Ronnerud, Greenlee County; Sue Pratt, Coconino County; Will Wright, Graham County; Mike Baker, La Paz County; Beverly Wilson, Cochise County; Steven Mauk, Yavapai County; and Bob Gould, Gila County.

The purpose of the association is to provide a forum for Arizona Planning Directors to discuss topics such as pending legislation that impacts planning and zoning, development trends, entity staffing levels and financial conditions, comprehensive plans, zoning ordinances, subdivision regulations, and other regulatory issues. The association currently meets on a quarterly basis or as frequently as needed when potential legislation impacting planning and zoning requires discussion and a support or opposition position taken.

Assistance to Other DDS Divisions

The Zoning Enforcement Section continues to work closely with the other divisions within Development Services. Examples of this interaction and support include working with the Engineering Division on taking photos of different areas related to rights-of-way usage and violations, investigating and prosecuting illegal subdivision activity, working with the Building Inspectors concerning alleged violations for illegal structures, substandard construction, and expired permits, and assisting Building Safety Division on several occasions with outreach programs at the Arizona Market Place, Western Arizona RVP, and Carver Park. The section is also working in conjunction with the Planning Section to create site plans for properties involved in the Avenue B/C Colonia Area sewer project

Assistance to Other Departments

Page 8 of 8 2011 Planning and Zoning Activities The section provided assistance to the Health Department, conducting inspections of hot dog stands, taco stands, and other food vendors to ensure that the proper health certificates were acquired to operate the business. On April 2012, Zoning Enforcement, Building Safety, and Flood Control conducted a joint inspection of the Fisher’s Landing Concessionaire’s lease, compiling a list of violations to send to the Arizona State Land Department, the property owner, in a effort to get the lessee to comply with county development regulations. In mid-September 2012, the section, in conjunction with Building Inspectors conducted a damage assessment in the Foothills Area due to the damage inflicted by the September 9, 2012 wind storm.

Public Education

The section conducted four Community Education programs. The Deputy Zoning Inspectors were involved in a number of cases in which inspectors met with property owners to discuss resolutions of problems. Specifically, the section presented a short class on Recreational Subdivision rules and regulations. In addition, staff provided outreach at the Family Housing Festival April 14, 2012 and for Foothills residents on violations and ways of achieving compliance. Finally, the Planning Director presented the findings of the hazard abatement property list project to the Board of Supervisors November 17, 2012.