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Docket Z-11-06 (Easter Mountain, LLC)A Request to Rezone 556 Acres

From RU-4 to SR-2

Cochise County Board of SupervisorsOctober 25, 2011

Z-11-06 (Easter Mountain, LLC) 556 acres – J6 Ranch 2 miles south J-6/ Mescal I-10 Interchange Request to rezone: RU-4 to SR-2

Proposed range of residential units after rezoning: 278 for residential subdivision371 if conservation subdivision option

This map shows the Applicant’s concept of 14 neighborhoods

50% will be preserved as Open Space

2.5 miles to Benson City Limit

Parcel # 124-01-013H

Interstate 10

South J-6 Road

Pima County

Line

State Land

Location Map

National Forest Service Lands

Support/Protest Map

LegendGreen: Public LandsBlue: Support (9,900 acres)Pink: Protest (725 acres)

J-6 Ranch

PimaCounty

PLUS:105

Parcel

Owners

in Pima

County

1 mile

2.25 miles

Public Comment

Protest against:

1.Potential for exclusive use of public lands2.Increased density3.Additional demand on groundwater4.Increased demands on infrastructure5.Potential for traffic congestion6.Noise and pollution7.Wildland/urban interface threats

Support for:

1.Organized/planned development instead of lot splits2.Stewardship of historical and beautiful area3.Water Company instead of wells4.Water conservation measures and recharge5.Economic Development6.Proper light restrictions7.Integration of Smart Growth Policies

Water RU-4 Zoning, 139 Lots

569.9 Ac-Ft/year (4.10 Ac-Ft per Well/Lot) 7,854 Ac-Ft/Year (Exempt Well, 35 gpm)

RU-2 Zoning, 278 Lots 91.7 Ac-Ft/year (0.33 Ac-Ft per lot)

RU-2 Zoning with Density Bonus, Conservation Subdivision, 371 Lots 122.4 Ac-Ft/Year (0.33 Ac-Ft per lot)

The calculated water usage/projections for the proposed RU-2 Zoning do not account for other water recharge and conservation measures that will be incorporated as part of this development as outlined in the Sustainability Plan, these water conservation strategies consists of:

Septic Tank Recharge Hot Water Re-circulating System No Evaporative Cooler Stormwater Recharge/Retention Basins

Empirita Water Company Assured Water Supply Certificate: 427 Ac-Ft per year

2008: 6.37 Ac-Ft (30 Customers, 0.26 Ac-Ft/year per account) 2009: 6.54 Ac-Ft (29 Customers, 0.22 Ac-Ft/year per account) 2010: 7.82 Ac-Ft (32 Customers, 0.21 Ac-Ft/year per account)

Access to the National Forest

•A major element of 2007 denial for rezoning by the Commission

•Access across and to public lands is critical to the use, management, and development of those lands and adjoining private lands (per Cochise County Comprehensive Plan)

•NFS and AZFG have proposed, in writing, an alternate access road in the 50’ buffer zone on the east side of the parcel

Staff Recommendation: Conditional Approval

Factors in Favor of Approval: Planning and Zoning Commission sent forward

with recommendation of conditional approval (5-1) August, 2011

Meets 11 of 12 Rezoning Criteria per Regulations

Bulk of surrounding Parcel Owners support

Factors in Favor of Denial: A doubling of density may be considered

incompatible with surrounding development The public access to the Forest Lands has not

been resolved 191 Parcel Owners in Cochise County and 105

Parcel Owners in Pima County Protest

Support/Protest Map

LegendGreen: Public LandsBlue: Support (9,900 acres)Pink: Protest (725 acres)

J-6 Ranch

PimaCounty

PLUS:105

Parcel

Owners

in Pima

County

1 mile

2.25 miles

P&Z Commission recommended Approval with the following

conditions: 1. The Applicant shall provide the County with a signed Acceptance of

Conditions and a Waiver of Claims form arising from ARS Section 12-1134 signed by the property owner of the subject property within thirty (30) days of Board of Supervisors approval of the rezoning or the approval of the rezoning may be deemed void; and

2. It is the Applicants' responsibility to obtain any additional permits, or meet any additional conditions, that may be applicable to the proposed use pursuant to other federal, state, or local laws or regulations; and

3. The Applicant will submit a subdivision plat within one year, with a phasing plan for all future development. All construction to be completed within 10 years or a length of time as determined by the Board of Supervisors. If these conditions are not met, the Board of Supervisors may revert the zoning of any portions of the parcel that are not subdivided back to the RU-4 District; and

4. The Applicant will work with the Arizona Fish and Game, the National Forest Service, and Cochise County to develop Public Access through the parcel to the Public Lands, which surround portions of the eastern, southern, and western edges of this parcel, to be reflected on all future subdivision plats.

Staff recommends Approval with the following amended conditions

1. The Applicant shall provide the County with a signed Acceptance of Conditions and a Waiver of Claims form arising from ARS Section 12-1134 signed by the property owner of the subject property within thirty (30) days of Board of Supervisors approval of the rezoning or the approval of the rezoning may be deemed void; and

2. It is the Applicants' responsibility to obtain any additional permits, or meet any additional conditions, that may be applicable to the proposed use pursuant to other federal, state, or local laws or regulations; and

3. The Applicant will submit a subdivision plat within one year from the date of approval, with a phasing plan for all future development. All subdivision plats will reflect a minimum of 50% open space and the use of building envelopes. All construction will be completed within 10 years or a length of time as determined by the Board of Supervisors. If these conditions are not met, the Board of Supervisors may revert the zoning of any portions of the parcel that are not subdivided back to the RU-4 District; and

4. Prior to submitting the first subdivision plat, the Applicant must demonstrate that either on-site or off-site multi-purpose (vehicular, pedestrian, equestrian, etc) legal access to adjacent federal lands has been provided.  If access is on-site, it will be reflected on all future subdivision plats; and

5. The Applicant shall adhere to the Declaration of Covenants, Conditions, Restrictions, and Easements for J-6 Ranch, dated June, 2011 and the Sustainability Plan, dated September, 2011, both prepared by the Planning Center and attached as Exhibit B to the Zoning Ordinance.