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MOHAVE COUNTY PLANNING AND ZONING COMMISSION

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<strong>MOHAVE</strong> <strong>COUNTY</strong> <strong>PLANNING</strong> <strong>AND</strong> <strong>ZONING</strong> <strong>COMMISSION</strong>November 12, 2009REGULAR MEETING MINUTESMEMBERS PRESENTEarl Hamlyn, Chairman Mehdi Azarmi Carl Flusche, Vice ChairmanBill Abbott Sue Donahue Kristal Gibson, via telephone conference callRick Sherwood Joseph Morabito Ken WhiteSTAFF PRESENTChristine BallardJohn MontgomeryNicholas Hont, P.E.Rosevelt ArellanoJon OrtmanJodie VanceKevin DavidsonWendy CunninghamCindy MatthewsAmber McGuireKarl TaylorGreg Vandevier, Public WorksBob Taylor, Chief Civil Deputy County AttorneyGUESTS PRESENTConnie Cox Elizabeth Barnett Mark ShaverGerald Hurley Mercedes Stout Tom ChristopherJanette Hurley William Adas Chuck T.Jim Kanelos John Alton Sid CranstonCall to Order: Chairman Hamlyn called the meeting to order at 10:00 a.m.Pledge of AllegianceAnnouncementsChairman Hamlyn announced that Commissioner Gibson would be attending via a conference call.Roll CallApproval of MinutesCommissioner Morabito made the motion to approve the meeting minutes from October 14, 2009;Commissioner Donahue seconded. Motion carried unanimously.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 2 of 10REGULAR AGENDA FOR PUBLIC HEARING1. Evaluation of a request to NAME FIVE (5) NEW ROADS located in the unincorporatedareas of Mohave County, as outlined below, Mohave County, Arizona:a. SPRING VALLEY WAY: New road name shown on Parcel Plats Book 32, Pages 38-38A in Spring Valley Ranches, Unit One, Section 25, Township 23 North, Range 14West, (Intersecting with Spring Valley Drive) in the Mohave County General Area,Mohave County, Arizona.b. HUNTER COURT: New road name shown on Parcel Plats Book 32, Pages 11-11A inSpring Valley Ranches, Unit One, Section 26, Township 23 North, Range 14 West,(Intersecting with Tree Line Drive) in the Mohave County General Area, MohaveCounty, Arizona.c. T BAR J ROAD: New road name shown on Parcel Plats Book 31, Page 76 in SpringValley Ranches, Unit One, Section 35, Township 23 North, Range 14 West, (Intersectingwith Pine Valley Drive) in the Mohave County General Area, Mohave County, Arizona.d. PINE CONE WAY: New road name shown on Parcel Plats Book 12, Page 86 in SpringValley Ranches, Unit One, Section 35, Township 23 North, Range 14 West, (Intersectingwith Pine Valley Drive) in the Mohave County General Area, Mohave County, Arizona.e. GREEN TREE WAY: New road name shown on Parcel Plats Book 31, Page 68 inSpring Valley Ranches, Unit Two, Section 11, Township 22 North, Range 14 West,(Intersecting with Green Tree Lane) in the Mohave County General Area, MohaveCounty, Arizona.Cindy Matthews read staff’s recommendation for approval. All conditions were standard.No one spoke in favor of or in opposition to this item.Commissioner Azarmi made the motion to approve per staff’s recommendation; CommissionerFlusche seconded. Motion carried unanimously.ARIZONA STRIP AREA2. Evaluation of a request for a REZONE of a portion of Parcel 1, as shown on Parcel Plats Book12, Page 88, in Government Lot 3, Section 5, Township 40 North, Range 15 West, from A-R/2A(Agricultural-Residential/Two Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Arizona Strip Area (west of CountyHighway 91 and north of Old Pioneer Road), Mohave County, Arizona.John Montgomery read staff’s recommendation for approval. All conditions were standard.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Azarmi asked the Health Department if the septic system had been analyzed. No onewas present from Environmental Health. Commissioner Azarmi asked staff if the proximity of theseptic system was acceptable. Mr. Montgomery stated that there was an existing residence with anexisting septic system and he understood that generally one-acre parcels accommodated the septicsystems.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 3 of 10Commissioner Azarmi made the motion to approve per staff’s recommendation; CommissionerAbbott seconded. Motion carried unanimously.3. Evaluation of a request for an AMENDMENT TO BOS RESOLUTION NO. 2008-371 settingforth a Rezone of a portion of the SW 1/4 NW 1/4 NW 1/4 of Section 33, Township 41 North,Range 15 West, from A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone to R-1/20M (Single-Family Residential/Twenty Thousand Square Foot Minimum Lot Size) zone, inthe Arizona Strip Area (north of Zion Boulevard between County Highway 91 and ArizonaAvenue), Mohave County, Arizona.Rosevelt Arellano read staff’s recommendation for approval. The Mohave County Planning and ZoningCommission heard this item at its regular meeting on September 9, 2009 and voted to continue the itemfor 60 days to allow the applicant time to meet with staff to resolve any issues. As of this date theapplicant amended the proposal and submitted a will-serve letter from the local sewer provider.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Morabito made the motion to approve per staff’s recommendation; CommissionerSherwood seconded. Motion carried unanimously.GOLDEN VALLEY AREA4. Evaluation of a request for a REZONE of the NE 1/4 and the north 70 feet of the SE 1/4 ofParcel 184, as shown on Record of Survey Book 1, Page 46, in Section 26, Township 21 North,Range 18 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone toA-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Golden ValleyArea (south of Bolsa Drive between Bacobi Road and Aztec Road), Mohave County, Arizona.John Montgomery read staff’s recommendation for approval. There was an e-mail received from aneighbor who was objecting based upon a misunderstanding of the item.No one spoke in favor of or in opposition to this item. The applicant was not present.Commissioner Abbott clarified with staff that the neighbor’s e-mail was in objection to the currentzoning. Mr. Montgomery replied yes, and stated that it was a misunderstanding.Commissioner Abbott made the motion to approve per staff’s recommendation; CommissionerAzarmi seconded. Motion carried unanimously.5. Evaluation of a request for a REZONE of the S 1/2 of Lot 15, Block L, GOLDEN SAGERANCHOS, Unit 66, in Section 3, Township 21 North, Range 19 West, from A-R/2A(Agricultural-Residential/Two Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Golden Valley Area (east side of ElfridaRoad between Chino Drive and Burro Drive), Mohave County, Arizona.John Montgomery read staff’s recommendation for approval. All conditions were standard.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 4 of 10No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Donahue made the motion to approve per staff’s recommendation; CommissionerGibson seconded. Motion carried unanimously.<strong>MOHAVE</strong> <strong>COUNTY</strong> GENERAL AREA6. Evaluation of a request for a REZONE of the SE 1/4 SE 1/4 of Section 15, Township 14 North,Range 13 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size)zone to A-R/8A (Agricultural-Residential/Eight Acre Minimum Lot Size) zone, in the MohaveCounty General Area (west of Signal Road and approximately 2 miles north of the Signal Roadand 17 Mile Road intersection), Mohave County, Arizona.Rosevelt Arellano read staff’s recommendation for approval. All conditions were standard. There wasone letter in support received for this item.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Abbott asked staff why a Proposition 207 waiver was included in the packet. BobTaylor, Mohave County Chief Civil Deputy County Attorney, stated that, generally, staff required theapplicant to submit the waiver form if requesting any change to the land use regulations. Mr. Taylorstated that under Proposition 207, if there were any changes in the land use regulations that applied afterthe property owner acquired the property and it devalued the property, the property owner could have apotential claim for compensation. Commissioner Abbott stated that he understood Proposition 207 butwas not sure why it was included in the packet. Chris Ballard, Planning and Zoning DivisionalManager, stated that the Proposition 207 waivers were completed on most applications and was onlyincluded in the packet if there was a chance that what the applicant was requesting would result in adiminution of value. Ms. Ballard stated that in this instance it was an oversight that the waiver wasincluded in the packet.Commissioner Morabito asked staff if this was a 40-acre parcel being split into four eight-acre parcels.Mr. Arellano replied yes and explained that when the application was submitted the department onlylooked at the net acres. Since the approval of five acres gross, the applicant had the potential to dividethe property into five parcels.Commissioner Flusche stated that in the past when lots were subdivided, a drawing of the split wasincluded in the packet and asked why it was no longer required. Mr. Arellano stated that staff did notinclude a drawing for this particular item because the drawings were subject to change during the parcelplat stage and the applicant did not include a drawing in this case.Commissioner Morabito made the motion to approve per staff’s recommendation; CommissionerAzarmi seconded. Motion carried unanimously.7. Evaluation of a request for a REZONE of Parcel 13-7, MOUNTAIN VISTA RANCHES, PhaseI, in Section 13, Township 24 North, Range 15 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/6A and A-R/8A (Agricultural-Residential/Six and Eight Acre Minimum Lot Size) zones, in the Mohave County General Area(west of Antares Road and north of Country Road), Mohave County, Arizona.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 5 of 10Rosevelt Arellano read staff’s recommendation for approval. All conditions were standardNo one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Abbott made the motion to approve per staff’s recommendation; CommissionerSherwood seconded. Motion carried unanimously.8. Evaluation of a request for a REZONE of Parcel 3034, STAGECOACH TRAILS AT SANTAFE RANCH, Unit 19, in Section 32, Township 17 North, Range 17 West, from A-R/36A(Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/8A and A-R/17A(Agricultural-Residential/Eight and Seventeen Acre Minimum Lot Size) zones, in the Yuccaportion of the Mohave County General Area (south of Knox Drive between Calabasas Road andCherry Road), Mohave County, Arizona.John Montgomery read staff’s recommendation for approval. All conditions were standard.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Abbott stated that he would like to have the parcel plat included in the packet on allitems.Commissioner Flusche made the motion to approve per staff’s recommendation; CommissionerDonahue seconded. Motion carried unanimously.9. Evaluation of a request for a RECREATIONAL VEHICLE PARK PLAN and PETITIONOF EXCEPTION for the Hidden Oasis RV Park, Phase II, located in a portion of the SW 1/4NW 1/4 of Section 22, Township 16 North, Range 13 West, in the Mohave County General Area(west of State Highway 93 and north of Chicken Springs Road), Mohave County, Arizona.Rosevelt Arellano read staff’s recommendation for approval. All conditions were standard.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Sherwood asked staff if a letter was on file from the adjacent property owner stating thatthis was all right and referred to item one of the petition of exception. Mr. Arellano stated that theproject engineer submitted a letter to staff during the review process and would have the applicantclarify that.Commissioner Sherwood asked if the neighboring property owner confirmed that it was all right that hewould not have the property screened. Sid Cranston, Done Right Engineering representing theapplicant, stated that it was confirmed and that Phase I to the south was already completed.Chairman Hamlyn asked the applicant if he had a copy of the letter from the adjacent property owner.Mr. Cranston replied yes. Chairman Hamlyn asked if he would get a copy to staff. Mr. Cranston repliedyes.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 6 of 10Commissioner Sherwood made the motion to approve per staff’s recommendation with the letterfrom the project engineer to be included; Commissioner Azarmi seconded. Motion carriedunanimously.10. Evaluation of a request for a RECREATIONAL VEHICLE PARK PLAN for the GrandCanyon RV Park, located in a portion of the SW 1/4 SW 1/4 of SECTION 13, lying east of StateHighway 93, in Township 27 North, Range 21 West, in the Mohave County General Area (eastof State Highway 93 approximately 1.70 miles north of White Hills Road), Mohave County,Arizona.Rosevelt Arellano read staff’s recommendation for approval. All conditions were standard.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Flusche asked what the current use of the property was. Mr. Arellano stated that thisportion of the property had a non-conforming RV park but due to the expansion of the park a revisedpark plan was required. Commissioner Flusche asked if all of the property would be in compliance. Mr.Arellano stated that if the applicant left the property as is, it would not be required but due to the 100percent expansion, the non-conforming status would be lost.Commissioner Flusche made the motion to approve per staff’s recommendation; CommissionerSherwood seconded. Motion carried unanimously.11. Evaluation of a request for a <strong>ZONING</strong> USE PERMIT on a portion of Lot 71, GATEWAYACRES, Tract 10, lying west of U.S. Highway 93, in Section 19, Township 25 North, Range 19West, for a wastewater treatment plant in a proposed C-2H (General Commercial HighwayFrontage) zone, in the Dolan Springs portion of the Mohave County General Area (west of U.S.Highway 93 and north of Pierce Ferry Road), Mohave County, Arizona.Rosevelt Arellano read staff’s recommendation for approval. All conditions were standard.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Sherwood asked staff if the application provided was confused with item 12. Mr.Arellano stated that the applications were mixed up and that it would be corrected. CommissionerSherwood asked why items 11 and 12 could not be combined as one project. Mr. Arellano stated thatthe items carried their own merit during development and that a wastewater treatment plant wassignificantly different from a water storage tank.Commissioner Sherwood made the motion to approve per staff’s recommendation with theunderstanding that the application would be corrected with item 12; Commissioner Abbottseconded. Motion carried unanimously.12. Evaluation of a request for a <strong>ZONING</strong> USE PERMIT on a portion of Lot 74, GATEWAYACRES, Tract 10, lying west of U.S. Highway 93, in Section 19, Township 25 North, Range 19West, for a water-storage tank in a proposed C-2H (General Commercial Highway Frontage)zone, in the Dolan Springs portion of the Mohave County General Area (west of U.S. Highway93 and north of Pierce Ferry Road), Mohave County, Arizona.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 7 of 10Rosevelt Arellano read staff’s recommendation for approval. The applicant had received furtherdirection from the fire department regarding condition number two for the number and sizes of thestorage tanks required for the development.No one spoke in favor of or in opposition to this item. The applicant was present.Commissioner Abbott made the motion to approve per staff’s recommendation; CommissionerSherwood seconded. Motion carried unanimously.OTHER13. Evaluation of a request to AMEND THE <strong>MOHAVE</strong> <strong>COUNTY</strong> <strong>ZONING</strong> ORDINANCECREATING A NEW SECTION 19.1, REGULATIONS FOR PLANNED AREADEVELOPMENT OR “PAD” ZONE.John Montgomery read staff’s recommendation for approval.Jim Kanelos stated that he was only able to read the draft version and would have liked to read the entiredocument. Mr. Kanelos commended staff for their hard work in putting the draft together.Commissioner Azarmi stated that he appreciated the hard work of staff. He also wanted to showappreciation for the hard work put together for the SRC and stated that it was now completed.Commissioner Flusche concurred with Commissioner Azarmi. He stated that he had read through thedraft a couple of times and needed more time to study it and suggested that the item be continued untilthe next meeting.Commissioner Azarmi clarified with Commissioner Flusche that he would like to continue items 13, 14,15, and 16. Commissioner Flusche replied yes.Commissioner Flusche made the motion to continue the item for 30 days; Commissioner Azarmiseconded. Motion carried unanimously.14. Evaluation of a request to AMEND THE <strong>MOHAVE</strong> <strong>COUNTY</strong> <strong>ZONING</strong> ORDINANCECREATING A NEW SECTION 20.1, REGULATIONS FOR COMMERCIAL-OFFICE-RESIDENTIAL OR “COR” ZONE.John Montgomery read staff’s recommendation for approval.No one spoke in favor of or in opposition to this item. The applicant was present.Chairman Hamlyn called Jim Kanelos to the podium because he completed a request to speak form;however, he declined to speak since the item was going to be continued.Commissioner Flusche made the motion to continue the item for 30 days; Commissioner Azarmiseconded. Motion carried unanimously.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 8 of 1015. Evaluation of a request to AMEND THE <strong>MOHAVE</strong> <strong>COUNTY</strong> <strong>ZONING</strong> ORDINANCECREATING A NEW SECTION 12.2, REGULATIONS FOR RESIDENTIAL CLUSTEROVERLAY OR “R-CL” ZONE.John Montgomery read staff’s recommendation for approval.No one spoke in favor of or in opposition to this item.Chairman Hamlyn called Jim Kanelos to the podium because he completed a request to speak form;however, he declined to speak since the item was going to be continued.Commissioner Flusche made the motion to continue the item for 30 days, Commissioner Donahueseconded. Motion carried unanimously.16. Evaluation of a request to AMEND SECTION 12, ESTABLISHMENT OF ZONES,SECTION 12.1, ESTABLISHMENT OF URBAN-RURAL OVERLAY ZONES, SECTION25, SETBACKS <strong>AND</strong> AREA REQUIREMENTS, <strong>AND</strong> SECTIONS 27.R.3 <strong>AND</strong> 27.R.5GENERAL PROVISIONS, OF THE <strong>MOHAVE</strong> <strong>COUNTY</strong> <strong>ZONING</strong> ORDINANCE.John Montgomery read staff’s recommendation for approval. Mr. Montgomery noted that suggestedchanges should be sent in with enough time for the changes to be made before the next meeting.No one spoke in favor of or in opposition to this item.Chairman Hamlyn asked when the deadline would be. Mr. Montgomery replied one week to ten days.Commissioner Flusche agreed that ten days would be adequate. Ms. Ballard added that she wouldsupport one week rather than ten days due to the holidays.Commissioner Flusche made the motion to continue the item for 30 days; Commissioner Azarmiseconded. Motion carried unanimously.17. Acceptance of the Development Services Department’s RESPONSE TO PUBLICCOMMENTS given by individuals and agencies on the Major Amendments to the MohaveCounty General Plan as heard by the Planning and Zoning Commission at their September 9,September 16 and October 14, 2009, public meetings.Kevin Davidson read staff’s recommendation for approval.Jim Kanelos, Central Sacramento Valley resident, stated that he was unhappy with the way hiscomments were represented. Mr. Kanelos asked that his comments be re-done correctly.Ms. Ballard asked Mr. Kanelos for clarification of the differences between what he said and what wasgiven in the public record. Mr. Kanelos stated that he was more specific in his comments regardinggroundwater use for Albiasa and Hualapai Valley Solar.Chairman Hamlyn asked Mr. Kanelos if his comments were summarized or if he felt they were alteredaltogether. Mr. Kanelos stated that he would need to review the tapes.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 9 of 10Commissioner Donahue stated that the comments were not verbatim and were only a summary. Ifverbatim comments were requested it would be provided by staff.Ms. Ballard suggested that Mr. Kanelos request a DVD of the meeting. Ms. Ballard also noted that thiswould go forward to the Board of Supervisors (BOS) and asked Mr. Kanelos to provide a writtenstatement of clarification to correct the record before the next BOS meeting.Chairman Hamlyn asked Mr. Kanelos if his name could be removed from this item if he was not inagreement with the statements. Mr. Kanelos replied no that he would just like it to be more specific.Commissioner Donahue asked Ms. Ballard if this item was time sensitive to get to the BOS because itwas concerning a major amendment. Ms. Ballard deferred the question to the County Attorney andstated that the public hearings were time sensitive but she was not sure about the response to publiccomments having the same deadline. Bob Taylor, Chief Civil Deputy County Attorney, stated that itwas time sensitive and that the public comments needed to be submitted along with the majoramendment items. Commissioner Donahue asked if it would be acceptable for Mr. Kanelos to attach aletter with his comments. Ms. Ballard replied yes it would be accepted by staff. Mr. Taylor added thatit would be legally acceptable. Mr. Taylor noted that what was proposed was a summary of theconcerns and that a verbatim list was not required, but that if Mr. Kanelos would like the BOS to havemore specific quotes he could submit those in writing to the staff. Commissioner Flusche added that hebelieved Mr. Kanelos would like a verbatim transcript attached to this document for the BOS. Mr.Kanelos agreed.Elizabeth Barnett, Cedar Hills resident, stated that the public input was summarized and inaccurate. Ms.Barnett read her comments into the record from the October 14, 2009 meeting.Commissioner Flusche suggested that Ms. Barnett talk with staff for a verbatim record of her commentsto be attached with this item before going to the BOS. Ms. Barnett agreed.Commissioner Flusche referred to paragraph 20B of this item regarding the Desert Hills Fire DistrictArea Plan and asked Mr. Davidson about the two or three parcels that were part of the Sterling AreaPlan. It had previously been discussed that the fire district would not go north of Interstate 40; however,it seemed that the state parcels were included. Mr. Davidson stated that the Desert Hills Fire DistrictArea Plan did not include the Sterling portion of the area plan but it did include additional fire districtlands north of I-40 that were not included in the Sterling Area Plan. Commissioner Flusche did notbelieve that the Desert Hills Fire District should handle anything north of I-40. Ms. Ballard stated thatthe process for putting together an area plan was different than expanding the boundary for the DesertHills Fire Department. Staff addressed the boundaries for the area plan that the residents wanted to bethe same as the fire department; however, some of the parcels were covered by the Sterling Area Planand were excluded. Ms. Ballard stated that the parcels would still be in the Desert Hills Fire district.Commissioner Flusche asked if Sterling could become part of the Golden Shores Fire District if theychose to. Ms. Ballard stated that she could not answer a question regarding the ability to switch firedistricts. Commissioner Flusche asked who controlled the boundaries for a fire district. Ms. Ballardreplied that it was the Board of Supervisors.


Mohave County Planning & Zoning CommissionMeeting MinutesNovember 12, 2009Page 10 of 10Commissioner Donahue made the motion to approve per staff’s recommendation with theaddition of the verbatim comments from Mr. Kanelos and Ms. Barnett; Commissioner Whiteseconded. Motion carried 8-1; Commissioner Morabito voted against the motion.18. Monthly Reports. None19. Commissioner CommentsCommissioner Sherwood asked staff if water issues could be addressed at an upcoming meetingregarding what the Commissioners can and cannot ask when it came to water. Commissioner Sherwoodasked what the relevance was regarding Policy 3.5 of the Mohave County General Plan.Ms. Ballard stated that the 2010 calendar would be proposed at the December meeting and explainedthat the only portion of the calendar that the Commission would adopt was the venue, the date andmeeting times.Commissioner Sherwood made the motion to adjourn; Commissioner Donahue seconded. Motioncarried unanimously.Meeting adjourned at 10:56 a.m.Respectfully submitted,Amber McGuire forJon J. OrtmanActing Planning and Zoning Commission Clerk

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