Draft resolution to defeat the 'Matrix'

Locally, the Realtor Association has been involved in a debate over the county using a set of guidelines (that was never authorized by the County Supervisors) for splitting parcels. It's generically called the 'Matrix' around these parts (not to be confused with the excellent blog called Matrix -- check that out -- you will like).

Our Associaiton is doing the best we can to defeat the matrix as it is written. Read more about the recent history here.

Here is the new draft resolution that will be presented to the county supervisors for consideration.

RESOLUTION NO. 2006-XXX

A RESOLUTION SETTING FORTH AN AMENDMENT TO PORTIONS OF THE MOHAVE COUNTY LAND DIVISION REGULATIONS. AS AMENDED. FOR THE UNINCORPORATED PARTS OF MOHAVE COUNTY. ARIZONA.

WHEREAS, at a meeting of the Mohave County Board of Supervisors held on XXXXXX, a public hearing was conducted to consider whether proposed amendments to the Mohave County Land Division Regulations should be approved, and,

WHEREAS, this amendment adds numerous provisions of the Land Division Regulations to meet A.R.S 11-809 of the Growing Smarter ACT, and

WHEREAS, this amendment compliments the public disclosure land affidavit for minor land divisions as required by A.R.S 33-422;and

WHEREAS, the notice of hearing was published in The Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, XXXXXX, and posted on XXXXXXX, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. .

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors, at their special meeting on XXXX, Month DAY YEAR, APPROVED the attached Mohave County Ordinance No. 2006-xxx, an amendment to the Mohave County Land Division Regulations as outlined herein.

MOHAVE COUNTY BOARD OF SUPERVISORS

Pete Byers, Chairman

Barbara Bracken, Clerk

Chapter 7 MINOR LAND DIVISIONS

Ministerial Review – Parcel Plats

7.00 Minor Land Divisions

A. Purpose

To ensure that minor division of lands comply with applicable zoning regulations, have legal and physical access, necessary and appropriate utility easements and does not constitute a subdivision, it is necessary to establish an administrative review of all minor land divisions. This Section is intended to comply with the Growing Smarter and Growing Smarter Plus legislation adopted in 1998 and 2000, respectively.

B. Applicability

The provisions of this Section shall apply to land divisions of property located within the unincorporated territory of Mohave County.

C. Permit Required

No parcel of land may be divided into five or fewer separate parcels of land, any of which is ten acres or less, either by recordation of a contract of sale or deed of conveyance or by requesting a split of a tax assessor parcel unless a Land Division Permit, approved by the Director or designee, has first been issued.

D. Filing of Application

Any applicant proposing a land division as described in Section shall file a Land Division Permit application with the Director. Said application shall include a legal description of the existing parcel and legal descriptions of proposed parcels including access and utility easements.

The application shall include a survey map with dimensions showing existing and future parcel lines and all easements. The map shall be of a size and format acceptable to the County Recorder; i.e., 8-1/2 x 11, 8-1/2 x 14, or 18 x 24. The legal descriptions and the map shall be prepared by a registered professional land surveyor. This requirement may be waived by the Director in areas where aliquot parts are used and are deemed adequate.

E. Action of the Director

Upon receipt of a complete application, the Director shall approve or deny the Land Division Permit within 30 days. Approval shall be based on meeting all of the following findings:

1. The lots, parcels or fractional interests each meet the minimum applicable county zoning requirements of the applicable zoning designation.

2. The applicant provides a standard preliminary title report or other acceptable document that demonstrates legal access to the lots, parcels or fractional interests.

3. The applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.

4. The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.

5. Identify topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions to the eventual issuance of a building or use permit. These constraints, requirements or limitations may be as noted by the applicant or through county staff review, but there shall be no requirement for independent studies.

The County may not require a public hearing on a Land Division Permit application. The County may not deny a Land Division Permit application that meets the requirements of this Section or where the deficiencies are noticed in the deed(s). If review of the request is not completed within 30 days of receipt of a complete application, the land division shall be deemed approved.

F. Denial of Building Permit

An application to split a parcel of land that does not comply with one or more these items shall still be approved if the applicant provides an acknowledgment that is signed by the applicant and that confirms that no building or use permit will be issued by the County until the lot, parcel or fractional interest has met these requirements.

G. Waivers; Deficiencies Noted in Deed

Land divisions may be accomplished where the resulting parcels do not meet minimum county zoning requirements, where there is no legal access, or where the legal access does not allow access by emergency vehicles; however, such deficiencies are required to be noted in the deed(s).

F. Recordation of Land Division Permit

After approval of a Land Division Permit, it shall be recorded at the County Recorder’s Office along with any attached supplementary information. Recordation must occur within six months of approval by the Community Development Department, or approval shall lapse and become void. Digital submission of land division survey maps is required, if the maps are prepared by a surveyor.

H. Noticing of Access or Zoning Deficiencies

Deficiencies defined in this Section must be noticed in the deed(s), said noticing shall consist of a detailed description of the deficiency. For zoning deficiencies, the applicable Zoning and Development Code section(s) and the nature of the deficiencies shall be included.

I. Removal of Deficiencies from the Deed

If zoning or access deficiencies are corrected it shall be the responsibility of the property owner to remove the deficiencies, subject to review and approval by the Director prior to recordation.

J. Acting in Concert

It shall be unlawful for a person or group of persons acting in concert to attempt to avoid the provisions of this ordinance or subdivision laws of the State of Arizona by acting in concert to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances. This prohibition may be enforced by the County Attorney’s Office or the Arizona Department of Real Estate, or both, pursuant to A.R.S. Title 32, Chapter 20.

ADOPTED ___ DAY OF October, 2006.

The county gets the final say (like they are looking for) on handing out building permits and the ability to put disclosures directly written on the property deed to shelter themselves from certainl legal matters. Yet the landowners still get to split their property to perhaps increase value (or to give it away to the in-laws). This resolution is a total win-win for the landowners and the county. The Board of Directors of the KGVAR have this resolution and are deciding whether or not to support it. I hope to get that support so as an Association we can take it to the public for their support.

This should be a no brainer and I'm asking landowners for support on this resolution to adopt the Arizona Revised Statutes 11-809 (Growing Smarter) legislation for the better of Mohave County.