Meeting Minutes-P&Z – Prescott October 8, 2008 Page 2 NEW BUSINESS 6. Use Permits; APN: 202-16-031, - 037A, HA# H8100 and 202-16-043, - 046; HA# H8097 THESE MINUTES CONTAIN NO PUBLIC COMMENT Owner/Applicant: Arizona Land, LLC Agent: Deborah Onstott Project Name: Silver Star Ranch @ Saddle Creek Request: Consideration of two Use Permits to allow for the installation of four entry identification signs, each three (3) square feet in size and six (6) feet in height, intended to identify the Silver Star Ranch at the Saddle Creek Ranch unsubdivided land filing, in an RCU-2A (Residential; Rural; 2 acre minimum) zoning district, approximately 5 miles south of the community of Hillside along the East side of Date Creek Rd. S31 T12N R06W G&SRB&M Staff: Amber Tyson Amber Tyson, Planner, opened the Staff presentation by showing the location of the subject unsubdivided land filing parcels and the surrounding RCU-2A (Residential; Rural; 2 acre minimum) zoning. She said that Silver Star Ranch is Phase 2 of Saddle Creek Ranch. The Silver Star Ranch development consists of 16 parcels, 36+ acres in size, with a deed restriction that allows three splits per parcel, along with a requirement that each parcel created as a result of that splitting, shall be a minimum of 10 acres. She said because the parcels created were 36+ acres in size, the development was considered to be an unsubdivided land filing that was exempt from County subdivision regulations. She said the signs proposed meet the County standards for a subdivision entry sign, but a Use Permit was required because the development was an unsubdivided land filing, rather than a subdivision. She presented a site plan showing the location of the proposed signs which would be within the 15 foot easement of each road. She said the applicants had notified the property owners within 300 ft. and staff had received no letters of support or opposition. She said in April 2006 a similar Use Permit was approved by the Board of Supervisors for two identification signs for Saddle Creek Ranch. She said at that time it was recommended that they apply for a 10 acre minimum lot size rezoning within 90 days of Board approval due to the CC&Rs of the Saddle Creek Ranch which would only allow for a minimum lot size of 10 acres. She concluded her presentation stating that there were stipulations being offered should the Commission choose to recommend approval. Chairman Garner opened the discussion to the Commission. Commissioner Reilly asked if they should make the same rezoning requirement as the previous Use Permit for signage. Ms. Tyson replied the Commission could make that stipulation, but CC&Rs could not be enforced by the County. Commissioner Province asked why should rezoning to 10 acres in the middle of 2 acre zoning be a requirement. Commissioner Barnert said that was common in the Williamson Valley area, most of them had CC&Rs with 10-12 acre minimums, CC&Rs could not be enforced by the County, but it might protect the land values. There being no further questions of staff, Chairman Garner opened the floor to public participation. Deborah Onstott, Agent, took the floor to answer any questions or provide additional information concerning the Application. Meeting Minutes-P&Z – Prescott October 8, 2008 Page 3 Chairman Garner asked if she had any concerns with the 10-acre rezoning requirement. Ms. Onstott replied they had no problem with the 10 acre requirement; however, two lots had already sold that could not be included. Ms. Tyson said they could be included if she had letters from the other property owners that stated they could be included in the 10-acre requirement. Commissioner Province asked if this had to be re-advertised for a rezoning. Ms. Tyson replied it would have to come before the Commission again as a separate application as this application was for signs and not a rezoning. There being no public comment, the floor was closed to public participation and returned to the Commission for further discussion and/or a motion. Commissioner Reilly made a motion to recommend approval of the Use Permits, HA# H8100 and HA# H8097, with the following Stipulations. Commissioner Stewart seconded the motion. 1. Use Permits to be approved on a permanent, transferable basis, with staff to be notified in writing prior to transfer. 2. Development to be in conformance with the letter of intent dated July 29, 2008 and site plan, dated 8/6/08 submitted with the Use Permit applications. 3. In the event the owner of the subject property files a claim under ARS Section 12-1134 regarding these Use Permits, these Use Permits shall be null and void. 4. *Applicant to apply for a rezoning for a 10 acre minimum lot size within 90 days of BOS approval. *Verbiage per the Commission The vote was unanimous. This item will be heard by the Board of Supervisors on November 3, 2008.