§ 26. REGULATIONS FOR PLANNED AREA DEVELOPMENT OR "PAD" ZONE.

A.

Purpose.

1.

The PAD zone is intended to provide an alternative zoning district to the conventional zoning and development approaches and processes in Mohave County, so that within the zone so designated the following may be achieved:

a.

to provide a mechanism for the County's development growth so that the public health, safety and general welfare may be enhanced as areas of the County are developed;

b.

to encourage innovations in residential, commercial, and industrial development to provide greater opportunities for better housing, recreation, shopping, and employment for the citizens of the County;

c.

to reflect changes in the technology and philosophy of land development;

d.

to encourage more creative approaches to the utilization of land to accomplish a more efficient, aesthetic and desirable development of properties characterized by special features of geography, topography, size or shape;

e.

to establish development parameters for land uses, densities and intensities, and design standards, while allowing final detailed site plans and parcel descriptions to be deferred to the time of subdivision or site plan processing;

f.

to assure both the County and property owner that the development approved under a PAD may be carried out over an identified time period;

g.

to provide a high standard of development that might not otherwise occur with a standard subdivision or site plan project;

h.

to promote and encourage the fulfillment of Policies 3.2, 21.8, and 35.4 of the Mohave County General Plan: the use of clustering, innovative design techniques and flexibility in development projects in the unincorporated areas of Mohave County;

i.

to permit and encourage unified planning to achieve a mix, variety, and cohesive use of land uses and amenities for a Planned Area Development site.

B.

General Requirements.

1.

PAD is a zone that may consist of multiple sub-zones. Sub-zones may include the standard zoning classifications included in this Ordinance except: A (General), A-D (Airport Development), R-RV (Single-Family Residential/Manufactured Homes and Recreational Vehicles), S-D (Special Development), and M-X (Heavy Manufacturing).

2.

PAD developments shall be twenty (20) acres or more in size, except that the Board of Supervisors, after receiving a recommendation from the Planning and Zoning Commission, may waive the minimum size of twenty (20) acres, if the applicant can demonstrate that a waiver would be in the interest of the public and that one or more of the following conditions exist:

a.

unusual physical features of the property itself or of the surrounding area are such that development under the standard provisions of this Ordinance would not be adequate to conserve a physical or terrain feature of importance to the neighborhood or community;

b.

the property is adjacent to or across a street, road or alley from property that has been developed under the provisions of this section and the new PAD zoning of the property will contribute to the amenities of the area or is a logical extension of the existing PAD zone;

c.

the use of the PAD concept will encourage the use of otherwise undevelopable property; or

d.

the use of the PAD concept will accommodate infill between compatibly zoned properties that cannot be developed with the use of other standard zones in this Ordinance.

3.

Where the division of land is proposed, the area initially designated as a PAD may not be divided into more than five parcels except through the subdivision processes in the Mohave County Land Division Regulations.

4.

The land uses and design of the PAD shall be consistent with the Mohave County General Plan and any applicable Area Plan.

5.

The PAD may be comprised of a single parcel or multiple contiguous parcels. The owners of all properties to be included in the PAD must consent in writing. A PAD may not have any parcels within the boundaries of the PAD that are not a part of the PAD development.

6.

The PAD may include any development having more than one sub-zone. The PAD shall consist of a compatible selection of sub-zones, groupings of buildings, parking areas, circulation and open spaces, and shall be designed as an integrated unit in such manner as to constitute a safe, efficient, and convenient development.

7.

Unless otherwise provided in the PAD, the defaults for setbacks and maximum building heights will be those listed for the applicable sub-zones. An applicant may propose alternative setbacks and maximum building heights, which may be approved by the Board of Supervisors when those variations advance the themes or objectives of the PAD and provide for the public health, safety, and welfare.

8.

Unless otherwise provided in the PAD, the defaults for uses permitted will be those listed for each sub-zone. An applicant may propose to eliminate uses that would be otherwise permitted. An applicant may propose to include additional uses not otherwise permitted in the sub-zone, which may be considered by the Board of Supervisors when those uses are substantially similar to otherwise allowed uses and inclusion of those uses will advance the themes or objectives of the PAD.

9.

Unless otherwise provided in the PAD, the provisions of Section 36 for Off-Street Parking apply. Alternative parking standards, including shared parking, may be approved by the Board of Supervisors when those variations advance the themes or objectives of the PAD and provide for the public health, safety, and welfare.

C.

PAD Concept Plan, and Submittal Requirements.

1.

The Developer shall attend a concept review meeting with the Department to present the Concept Plan. The concept review meeting shall, when possible, include representatives from the Development Services Department, the Public Works Department, the Flood Plain Division, the Environmental Health Division, and any other county department or other agency deemed appropriate by the Director, as well as representatives of the applicant. The PAD concept review meeting may be combined with a subdivision pre-application meeting, in which case the pre-application submittal will substitute for any of the items listed below to the extent that duplication may be avoided. Developers are encouraged to use formats that are compatible with the Mohave County Land Division Regulations so that duplication of effort may be reduced when preparing subsequent subdivision plats.

2.

The Concept Plan shall consist of a map and a narrative showing the intent of the project, and how the entire PAD will be developed, the order of plat development, and progression of each phase with tentative timelines, including:

a.

A list of sub-zones to be used throughout the development by phase and the criteria intended for each zoning designation.

b.

A map of the entire development describing the following:

1)

The boundary of the proposed PAD Zone.

2)

Approximate gross acreage.

3)

Proposed locations and area of each type of development, including the different types, densities of residential uses, intensities of commercial development, and the corresponding sub-zone for each land use.

4)

The general location of any known public uses such as, schools, parks, recreational facilities, and trails, within one-half (1/2) of a mile of the PAD boundary, or within any distance, if the PAD project will be at all reliant upon those facilities.

5)

The approximate location of proposed arterial and collector roads.

6)

General phasing boundaries, if phases are proposed.

c.

A description of the topographic character of the land included in the PAD.

d.

A conceptual or preliminary drainage plan.

e.

A tentative infrastructure development plan interfacing all phases and proposed land uses, with expected development timelines, and the general location of roads, utilities, wastewater treatment, and water supply facilities.

f.

A description of how environmental aspects will be protected and blended into the project, and how the development will promote and conserve energy uses and resources.

g.

Any proposed development agreement and a procedure to amend.

h.

A statement that the development at the proposed location, and the development standards to be followed or maintained, will neither be detrimental to the public health, safety, or welfare of the public, nor materially injurious to properties, land uses, and improvements in the adjacent areas or vicinity, and shall conform to the Mohave County General Plan and any applicable Area Plan.

3.

For projects that contain eighty (80) acres or more or that include a M (General Manufacturing sub-zone), the project applicant is responsible for holding at least one informal community meeting within the County, as near the project location as is practicable, to inform the public about the proposed project. The project applicant will provide public notice of the community meeting through written letter, by first-class mail, to owners of property within one-half (1/2) mile, electronic notification to persons who have placed their names on a notification list maintained by the Department, and by publication in a newspaper of general circulation in the community affected. The meeting may be held before the project application is deemed complete, and must be held a minimum of four weeks before the meeting at which the Commission hears the project proposal. The applicant will provide the Department a copy of the attendance list from the meeting and any written comments received by the applicant no more than five business days after the information meeting, to be provided to the Commission in advance of the Commission hearing. A copy of written comments received by the applicant will be provided to the Department as soon as practicable after receipt.

4.

When the Concept Plan has been reviewed by the Department, the developer may proceed with the PAD application.

D.

PAD Application, Approval and Amendments.

1.

An application for a PAD is a rezoning request and shall be submitted and attached to the official Rezone application form provided by the Development Services Department. In addition, each application for approval of a PAD shall be accompanied by appropriate fees as set by resolution of the Board of Supervisors and by such information required by this ordinance and as deemed necessary by the Director, including at least the following:

a.

A complete Application for Rezone, including all required attachments.

b.

Ten (10) copies of the Concept Plan, as it may have been amended during the concept review process.

2.

The Planning and Zoning Commission may recommend approval of the application, approval of the application with conditions, denial of the application, or continue consideration of the application if the Commission determines that additional information or review is required.

3.

After receiving a recommendation from the Commission, the Board of Supervisors may approve the application, approve the application with conditions, deny the application, or continue consideration of the application if the Board determines that additional information or review is required.

4.

Major amendments to the PAD shall be processed as a Modification of Conditions of Approval. Minor amendments may be administratively approved by the Director. For the purposes of this Section, major amendments are defined as follows:

a.

A change in uses permitted, setbacks, and maximum building heights for an individual sub-zone.

b.

A change in area of an individual sub-zone of 10% or more.

c.

A substantial change in alignment or classification of collector and arterial roads.

d.

Any change of a sub-zone 300 feet or nearer to an exterior boundary of the PAD.

e.

Any change determined by the Development Services Director to warrant review by the Board of Supervisors.

5.

Minor amendments may be processed as follows:

a.

The original PAD applicant or its successors in interest may file a written request for an administrative minor amendment with the Director.

b.

If the Director determines that the request is not major, as defined above, the request will be routed for comment to any affected County departments or other agencies.

c.

Upon receipt of comments, or no later than fifteen (15) working days, the Director will determine whether to approve, approve with conditions, or deny the requested change.

d.

If the requested change is approved, a letter of approval will be mailed to the applicant with a copy filed for public record. If the requested change is denied, the applicant may request review by the Planning and Zoning Commission, which shall be processed as a Modification of Conditions of Approval, and the fee for the administrative review will be credited toward the fee for Modification of Conditions of Approval.

6.

If the project is a subdivision, the Final Plat for the first phase must be submitted within two (2) years after the Board of Supervisors effective approval date of the PAD. If the PAD is for a non-subdivided property, a site plan must be submitted within two (2) years after the Board of Supervisors effective approval date of the PAD.

7.

If Final Plats for an approved PAD Development Plan project have been seventy-five percent (75%) completed and recorded within ten (10) years, or as extended by the Board of Supervisors, all zoning designations for the remaining twenty-five percent (25%) of the project are automatically in effect.

E.

Use Regulations.

1.

The developer of a PAD shall make a reasonable attempt to place the densities and intensities of use that are most compatible with current or proposed surrounding property uses at the exterior boundary lines of the PAD. The unmodified building setbacks of the designated sub-zone apply at all exterior boundary lines of the PAD and at the interface of contiguous sub-zones.

2.

Buildings located on slopes exceeding twenty percent (20%) are permitted an extra story on the downhill side, provided the building height does not exceed the maximum height allowed for the sub-zone as provided in this ordinance.

3.

The use of PAD zoning and the other allowances specially provided for by this Ordinance shall not be detrimental to natural terrain, hillsides, forests, wildlife habitat, scenic or other similarly valued property. PAD developments and their appurtenant structures and facilities shall be designed to allow planned development while promoting and preserving these resource assets.

4.

Open space shall comprise at least fifteen percent (15%) of the total area of the residential portion of planned developments, not to include: building footprint sites, streets, alleys, other public rights-of-way, driveways, parking areas, storage areas, or loading areas. Land occupied by recreational structures or uses may be counted as part of the required open space.

5.

All or any part of the required open space may be reserved for use in common by the residents or commercial-industrial property owners of the planned development, as is, or for uses as proposed in the Agreement, excluding residential-commercial or commercial-industrial purposes. To fulfill the open space requirements of zoning designations, land uses approved for the PAD, set-aside parcels, and other like uses, open space uses may include: fire breaks in potential wildfire areas, hiking trails, bicycle trails, parks, natural terrain, drainage easements, parcels integrated into a planned trail and park system, public golf courses, voluntarily donated public school sites or other voluntarily donated public facilities, community halls, picnic areas, environmental protection areas, wildlife preservation, riparian areas, recreation, arboretums. The County shall retain discretion over determinations as to which features and amenities will be considered to meet the open space requirements.

6.

Areas permanently reserved for common open space uses may be reserved for the use and enjoyment of the property owners and residents only. Areas and open space provided for public purposes will be available to everyone. Perpetual maintenance of all common areas and appurtenances shall be determined and administered by a Property Owners Association for the PAD.