STAFF REPORT TO THE COMMISSION. April 7, Rezoning Case No

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1 STAFF REPORT TO THE COMMISSION April 7, 2014 REQUEST: Fridie Dickerson requests the rezoning of a parcel 5.0 gross acres in size from Rural Area-40 acre minimum (RA-40) to Rural Area-5 acre minimum (RA-5), Assessor s Parcel Number , and the rezoning of three parcels totaling gross acres in size from Rural Area-40 acre minimum (RA-40) to Suburban Ranch-4 acre minimum (SR-4), Assessor s Parcel Numbers , -043 and -044, located north of County 14th Street and west of Avenue 28E, Wellton, Arizona. APPLICANT: Fridie Dickerson, owner. The application is within Supervisor District 3, Supervisor Russ Clark. Planning Commissioners are Wayne Briggs and Michael Henry. Staff report prepared by Chad Bahr, Senior Planner. DIRECTIONS: From the intersection of Interstate 8 and Avenue 29E, travel south on Avenue 29E 2.7 miles. Turn west (right) onto County 14 th Street and travel approximately 1.2 miles. Three of the four subject parcels (Parcels 42, 43 & 44) will be on the north (right) side of County 14 th Street. To get to Parcel 021, continue west from the stopping point an additional 0.8 miles, then turn north (right) and travel 0.25 miles on Avenue 27E, then turn east (right) onto County 13¾ Street and travel 0.7 miles. The final subject parcel is located to the south of the alignment of County 13¾ Street. INTENT: The parcels are intended to be used for single-family residential development. The intent is to bring three of the four parcels into compliance with an appropriate zoning district because they are undersized for the current zoning district. SITE CONDITIONS: As depicted in Figure 1 below, the subject properties are four mostly level parcels consisting of 4.57, 4.57, 4.75 (Parcels 42, 43 and 44, respectively) and 5.0 (Parcel 21) acres in size located south of the Town of Wellton and north of Barry M. Goldwater Range. The parcels are undeveloped with no permit history for each. Vehicular access can be gained for Parcels 42, 43 and 44 from County 14 th Street, a paved road. The access for Parcel 21 would come from the north side of the parcel using County 13¾ Street, an unimproved dirt road.

2 Page 2 of Figure 1: Parcel and Zoning Map The subject properties each have their original RA-40 zoning classification. Parcel 21 was created in 1992, Parcel 42 was created in 1984 and Parcels 43 and 44 were created in Parcels 42, 43, & 44 are a part of Governmental Lot No. 4 in Section 24, Township 9 South, Range 19 West of the Gila & Salt River Base & Meridian and are smaller than five (5) acres because they are a part of survey subsection of said Governmental Lot No. 4 which is smaller than the standard 40-acre quarter-quarter area, thus, when they were created there was no way for them to be the normal 5-acre parcel. The owner desires to rezone each of these three parcels to make them conforming with zoning and thus, eligible to be developed for rural residential land use.

3 Page 3 of 6 The soil on the site consists of 100% Wellton loamy sand, a soil type of deep, well-drained, nearly level to gently sloping soil located on broad alluvial fans and terraces. The soil is slightly limited for urban development and for septic tank absorption fields. Surrounding Zoning and Land Uses: Parcels and 010 to the north were rezoned to Suburban Ranch-4 acre minimum (SR-4) with Rezoning Case No Parcel 9 is the location of a manufactured home and Parcel 10 is vacant. Parcel was rezoned to Rural Area-5 acre minimum (RA-5) with Rezoning Case No It is the location of a double-wide manufactured home. Parcels 19 and 20, created in 2005, are zoned RA-40 and are undeveloped. Parcel 18, which is located to the north of Parcel 44, was rezoned to SR-4 and RA-5 with Rezoning Case No It is the location of a manufactured home. Wellton Hills No. 2 Subdivision is located on the east side of Avenue 28E and is zoned Suburban Ranch-1 acre minimum (SR-1). Parcel 45, created in 1983, is zoned RA-40 and is the location of a manufactured home and agricultural shade structure. Parcels 39, 40 and 41 are zoned RA-5 and each has a site-built single family home upon them. They were rezoned in 1991 with Commission Initiative No Parcel 22 is zoned RA-40 and is the location of an older single-wide manufactured home upon it. Lastly, Parcel 4 located directly north of Parcel 21 is zoned RA-40 and is a jojoba farm remnant that appears to be not actively farmed today. Parcel to the south is the Barry M. Goldwater Range (BMGR). The purpose of the RA zoning district is to conserve and preserve farms, agricultural related resources, continued agricultural use and other open space land uses fostering orderly growth in rural areas. Agriculture uses, open space, recreational uses and single family homes either of site-built or manufactured housing construction all upon larger parcels are permitted in the RA district. The SR zoning district is intended to allow low density residential development in semi-rural areas. Single family homes either of site-built or manufactured housing construction are permitted in the SR district. The subject property is within the Dome Valley/Wellton Planning Area of the Yuma County 2020 Comprehensive Plan and is designated as Rural Density Residential (R-RD) which allows a maximum density of one (1) dwelling unit per two (2) acres and a lowest density of one (1) dwelling unit per ten (10) acres. The subject property is located within the Wellton School District No. 24. 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 housing unit produces. This rezoning would not result in more parcels, but if approved it would result in developable parcels from a residential perspective, thus four (4) new developable parcels. In this area of Yuma County, four residential parcels can potentially add 1.76 students (8 x.22) to the Wellton Elementary and Middle School and 1.04 students (8 x.13) to the Antelope Union High School at build-out according to the ADM yield factor. The nearest elementary and middle school is Wellton Elementary located at East San Jose Avenue and is located approximately 4.75 miles from the subject properties. The nearest high

4 Page 4 of 6 school facility is Antelope Union High School located at 9168 South Avenue 36E and is located approximately 12 miles from the subject properties. The subject properties are not located within the 6-minute emergency response time of the Rural Metro Fire Department. They are approximately six miles from the Wellton Fire Department located at East Los Angeles Avenue in Wellton. They are located within the 10-minute sheriff response time area. This response would come from the Yuma County Sheriff Substation Number 5 located at South Dome Street in Wellton and is approximately 5.5 miles from the subject properties. The subject properties are located within three miles of the Barry M. Goldwater Range (BMGR), but not in the high noise and accident potential zone (HNAPZ) of the military airport. The subject properties are not located in the PM 10 non-attainment area, so that is a positive developmental aspect to this case. A non-attainment area describes a geographic area in which the level of specific airborne particulate matter exceeds federal air quality standards. Access to Parcel 21 would be via a dirt road. Approval of this request could potentially generate an additional 40 vehicle trips per day according to the Institute of Transportation Trip Generation Manual. The additional vehicle trips per day would result in additional dust on East County 13 3/4 Street unless that road was eventually paved. The property is not located in a designated flood plain. CRITICAL ISSUES: The nearness of the parcels to the BMGR is a concern. Additionally, three of the four parcels are less than five acres in size and normally MCAS objects to resulting parcel sizes that are less than five acres in this area of the County. The situation is unique because of the Governmental Lot No. 4 quarter-sectional size disparity cited above. MCAS in this case is not objecting because of this size issue as long as it is understood by the parties involved the parcels under application here would not be able to be divided further. Another concern is the drainage from the BMGR to Avenues 27E and 28E. The applicant/owner is aware of the issue, but is has been a long-term problem apparently in the area (see below). There are no public water or sewer lines in the vicinity. The properties will have to be served by individual wells and septic systems upon development. Local soil conditions are somewhat limiting for septic field development, but not near as limiting as in other parts of the County. 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) Yuma County Flood Control District Public Works Standards

5 Page 5 of 6 SUMMARY NOTES: Support Staff Summary: The Yuma County Engineering Division, Flood Control Division, Building Safety Division, Environmental Health Division and Zoning Enforcement Division all find this request satisfactory. Letters of Support, Opposition, Agency, Military, Special Interest: The application is on file. Either memos, s or letter responses are on file from the following entities: Building Safety Section, Environment Programs Section (DDS), Engineering and Flood Control Division (DDS), the Wellton-Mohawk Irrigation and Drainage District, the Marine Corps Air Station-Yuma (MCAS), and the Town of Wellton. The details to some of the responses are seen below: a. From Elston Grubaugh, General Manager of the Wellton-Mohawk Irrigation and Drainage District, received February 25, 2014: He stated they serve power to the area and they have existing power lines adjacent to Parcels 21, 42, 43 and 44. They do not see an issue with supplying power to these parcels. He also notes that flooding has occurred along County 14th Street in the Wellton Hills No. 2 Subdivision. He stated this flooding is due to the cross country flow from the Goldwater Range. b. From Arturo Alvarez, Yuma County Land Development Engineer, received February 28, 2014: "The owner to dedicate 25' along County 13 3/4 Street..." c. From Paula Backs, Community Liaison Specialist, Community Planning and Liaison Office, Marine Corps Air Station - Yuma (MCAS), received : She stated that, "...MCAS does not object to the approval of the property to RA-5 and SR-4, as long as, the parcels are not split further in the future." They are also requiring a range disclosure statement to be recorded by the owner because of the activities from the Barry M. Goldwater Range. d. From Craig Sellers, Yuma County Deputy County Engineer/Senior Flood Control Engineer, received February 25, 2014: He stated the area has overland drainage from the Range. The impact to the subject properties is not known. The Wellton Hills No. 2 Subdivision is identified in the Flood Control District Annual Needs Assessment Report. Citizen Comments: As of April 7, 2014, no responses had been received from the public regarding this request. Development Evaluation Checklist (DEC): The DEC 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 264. A score of 275 to 300 represents a high score and a score in this range represents a proposal that likely should be approved. The proposal is likely to be in compliance with adopted land use plans, policies and objectives and is compatible with surrounding development. A score from 250 to 274 is a moderate score and a score falling within this range represents a proposal that

6 Page 6 of 6 likely contains some redeeming values, but is lacking in one or more areas. A low score is 249 or less and a represents a proposal that likely should not be approved. The DEC score is less than 300 due primarily to the following points: 1) The PROPOSED use is not the same or similar to all surrounding land uses, and 2) The parcels are not located within the 6-minute time emergency fire response ring. CHRONOLOGY: Application received Public notice mailed to properties within 300 feet of the request, the City of Yuma, and all relevant agencies/stakeholders Letter mailed informing applicant of item being placed on the Planning Commission s public hearing agenda Property posted for the Planning Commission s public hearing Legal ad appears in the Yuma Sun for the Planning Commission s public hearing Staff report mailed or ed to applicant and/or agent Planning Commission s public hearing RECOMMENDATION: Staff recommends approval of this request subject to the following Performance Condition: Performance Condition. 1. The owner or applicant shall record the following disclosure statements/instruments within 60-days of Board of Supervisors approval of RZ13-08 and submit them to the Department of Development Services: a. An A.R.S waiver. b. A range disclosure statement. c. An agricultural disclosure statement. d. Dedicate 25 feet along the entire north property line of Parcel for County 13¾ Street.