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  Public Hearing     3. A.    
Regular BOS Meeting
Meeting Date: 08/20/2018  
Submitted For: Scott Buzan
Submitted By: Scott Buzan, Community Development Division Director
Department: Community Development Division: Planning and Zoning

Information
Request/Subject
Adopt Resolution 18-08-04 to adopt the Gila County Subdivision Regulations (by reference).
Background Information
The purpose of the Gila County Subdivision Regulations is to provide for the health, safety, general welfare and the harmonious development of Gila County; secure adequate traffic circulation through properties having optimum utility and livability; secure adequate provisions for water supply and distribution, drainage, and flood control for schools, recreation and other public purposes; promote conveyance of land by accurate legal description; and establish procedures which will achieve a basis of mutual understanding and equitable relationships between public and private interests.  These Regulations were adopted on September 24, 2002 and last amended on May 26, 2009.

The Planning and Zoning Commission at its June 21, 2018, meeting voted unanimously to recommend approval to replace the Gila County Subdivision Regulations.
Evaluation
After a 10 year absence in Gila County, interest in the development of subdivisions has returned.  After completing the approval process for a new 18-lot subdivision, it became apparent the current Subdivision Regulations needed to be re-evaluated and updated to better promote development, reflect current conditions, and take into account the qualifications of the developer.

Two changes made by staff were: 1) Upon the recommendation of the Planning and Zoning Commission, the Board of Supervisors may approve one access point for a subdivision with less than 25 lots; and 2) the removal of the small subdivision section. 

Two access points will always be preferred; however, by allowing one access point from the normally required two access points, developers will be able to develop smaller subdivisions in areas where two access points are not obtainable due to topography or it would be financially unfeasible or there is an unwillingness of a neighboring land owner to allow access through their property.  The National Forest Service is an example of this type of land owner.  In evaluating the maximum number of lots to allow one access point, staff referred to the 2018 International Fire Code Appendix D, Section D107.1 where one approved fire apparatus access road is allowed in developments of one or two-family dwellings where the number of dwelling units (houses) is 30 or less.  Staff chose to be more conservative where the number of dwelling units would less than 25 lots.  During the pre-development meeting, the developer will be informed of the minimum width of the access road if only one access point is to be requested. 

Staff chose to remove the Small Subdivision section of the Regulations due to its ineffectiveness in expediting the subdivision process.  Not requiring a preliminary plat review only complicates matters when the Final Draft Plat is submitted. Allowing staff the opportunity and time to review a preliminary plat and interact with the developer to correct any issues should expedite the approval of the Final Draft Plat.
Conclusion
It is imperative that regulations and ordinances be reviewed on a regular basis and be updated if warranted. The subdivision approval process in Gila County could use just such an update which will provide the developer more options.

Development of vacant land within the County is a win-win scenario.  By allowing one access point for a small subdivision when two is not obtainable, will allow the development of more homes on tracts of land that would otherwise be limited to just a small number of houses or possibly remain vacant.  

Giving staff time to review and interact with developers earlier in the subdivision approval process will help eliminate last minute issues and delays while providing better customer service.

As there are numerous changes that are being made to the Gila County Subdivision Regulations, it is easier to submit a completely revised document for the Board's consideration of approval and to request the Board to repeal previously adopted Gila County Subdivision Regulations No. 81502; Resolutions Nos. 02-09-09, 09-03-09 and 09-05-03; and all subsequent Subdivision Regulations amendments. 
Recommendation
Staff and the Planning and Zoning Commission recommend approval of the revised Gila County Subdivision Regulations.
Suggested Motion
Convene a public hearing to hear citizens who may wish to comment on the Gila County Subdivision Regulations; and adopt Resolution No. 18-08-04, which allows the adoption of the Gila County Subdivision Regulations (by reference) and repeals previously adopted Gila County Subdivision Regulations No. 81502; related Resolutions Nos. 02-09-09, 09-03-09 and 09-05-03; and all subsequent amendments to the Subdivision Regulations.  (Scott Buzan)

Attachments
Resolution No. 18-08-04
Subdivision Regulation 08-20-18
Subdivision Regulations with redlines 08-20-18
Subdivision Regulations amended 04-28-09
Resolution No. 09-05-03
Resolution No. 09-03-09
Resolution 02-09-09
Affidavit of Posting
Public Notice Posting

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