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MOHAVE COUNTY PLANNING AND ZONING COMMISSION
February 9, 2011
REGULAR MEETING MINUTES


MEMBERS PRESENT

Carl Flusche, Chairman

STAFF PRESENT

Nicholas S. Hont, P.E.

Bob Taylor, Chief Civil Deputy County Attorney
Tim Walsh, Public Works
Maryann Roche, Environmental Health

GUESTS PRESENT
David Young

Call to Order: Chairman Flusche called the meeting to order at 10:00 a.m.

Pledge of Allegiance
Roll Call
Announcements
Approval of Minutes
Commissioner Gibson made the motion to approve the regular meeting minutes from January 12,
2011 and the special meeting minutes from January 26, 2011; Commissioner Sherwood seconded.
Motion carried unanimously.

Mohave County Planning & Zoning Commission Meeting Minutes CONSENT AGENDA
Evaluation of a request for an EXTENSION OF TIME FOR A REZONE of the W 1/2 of
Section 18, Township 25 North, Range 19 West, from an A-R/36A (Agricultural-
Residential/Thirty-Six Acre Minimum Lot Size) zone to a C-2 (General Commercial) zone, in
the Dolan Springs portion of the Mohave County General Area (east of State Highway 93
between Seventh Street and Fifth Street), Mohave County, Arizona. Arizona Land Quest for
Nevada Commerce Bank 326-01-011 RA
Evaluation of a request for an EXTENSION OF TIME FOR A REZONE of a portion of the
NE 1/4 of Section 25, Township 27 North, Range 21 West, from an A (General) zone to C-2
(General Commercial) and C-2H (General Commercial Highway Frontage) zones, in the White
Hills portion of the Mohave County General Area (north of White Hills Road and east of State
Highway 93), Mohave County, Arizona. Arizona Land Quest for Nevada Commerce Bank APN
317-49-054, 055, 056, and 317-49-029 RA
Evaluation of a request for an EXTENSION OF TIME FOR A ZONING USE PERMIT on a
portion of the S 1/2 of Section 4, Township 16 North, Range 13 West, for a recreational vehicle
park in A-R and A-R/36A (Agricultural-Residential/One and Thirty-Six Acre Minimum Lot
Size) zones, in the Mohave County General Area (west of U.S. Highway 93, approximately three
and one-half (3 1/2) miles north of Wikieup), Mohave County, Arizona. Fountain Vista APN
203-03-012 JM
Commissioner Sherwood requested to pull items 1A and 1B from the consent agenda. Commissioner
Gibson asked Commissioner Sherwood for comments regarding the pulling of items 1A and 1B.
Commissioner Sherwood asked if there were any speakers for items 1A or 1B. Chairman Flusche
replied no. Commissioner Sherwood asked if the applicant was present. Chairman Flusche replied that
the applicant had contacted him and advised he would not be present. Commissioner Sherwood stated
that he would like to acknowledge the letter received that claimed this project looked to be a speculative
project only. He added that he would like to see the items approved for one year instead of two.
Commissioner Azarmi stated that due to the state of the economy he did not see anything changing
within one year. He added that the two-year request was consistent with other similar requests and he
thought it was a valid request. Commissioner Sherwood stated that the Commission typically allowed
two to three extensions and he would like to give the surrounding home owners a chance to review and
be heard each year. Commissioner Azarmi stated that even if this was a speculative project just to be up
for sale he was not sure why that should matter. He added that this was a valid zoning for the parcel and
why should the staff and Commission be put through more work to have this come back in one year.
Commissioner Gibson added that she was also concerned that the Commission had been typically
approving two-year extensions and she felt they should continue to allow everyone the same opportunity
during the harsh economic times. Commissioner Sherwood replied that he withdrew his request to pull
items 1A and 1B.
Commissioner Azarmi made the motion to approve the consent agenda; Commissioner Sherwood
seconded. Motion carried unanimously.

Mohave County Planning & Zoning Commission Meeting Minutes REGULAR AGENDA

ARIZONA STRIP AREA
2.
Evaluation of a request for a REZONE of Parcel F, BEAVER DAM ESTATES, Tract 3034A, in
Section 5, Township 40 North, Range 15 West, from an A-R/2A (Agricultural-Residential/Two
Acre Minimum Lot Size) zone to an M (General Manufacturing) zone for a wastewater treatment
plant, in the Arizona Strip Area (east of Highway 91 and northeast of Beaver Dam Drive),
Mohave County, Arizona. Virgin River APN 402-81-054 JM

John Montgomery read staff’s recommendation for approval. All conditions were standard. The
applicant was not present.
There was one petition of objection with 13 signatures received. There was one speaker in opposition.
David Young, representative of the Beaver Dam Estates Home Owners Association, stated that the
Home Owners Association (HOA) was in opposition to the item because in 2008 they were advised that
the district would be relocating the plant and now they have found out that they would not be relocating.
He added that the environmental assessment done by their engineering firm in 2005 clearly showed
intent to move the plant. He stated that the plant was on a hill overlooking four parcels that had already
been overrun by flooding and runoff from the existing site. He noted that now was the time to address
the issues of the plant and not allow them to expand. He explained that the district had never been in
compliance since it was built and the two floods and other runoffs from this site were major concerns for
the homeowners. He added that the most concerning part was that the district had owed Sunrise
Engineering $300,000 for the past three years. He stated that Sunrise asked them to include that
information into the petition because a lawsuit was going to be filed soon and the financial responsibility
was going to fall on the homeowners. Chairman Flusche asked if anyone had spoken with the County
Health department about these concerns. Mr. Young replied that the HOA had spoken with the Arizona
Department of Environmental Quality (ADEQ) and they seemed to be in favor of the expansion because
they expected it to make the plant compliant; but, the HOA did not see how keeping it on the side of a
hill, increasing the chance for runoffs, was a good idea. He added that they had questioned whether
certificates for discharge from the Environmental Protection Agency (EPA) and ADEQ aquifer
discharge permits had been properly obtained but they had not heard anything yet.
Chairman Flusche asked for input from the health department. Mary Anne Roche replied that after the
flood an ADEQ representative inspected the plant and ADEQ was working hard to bring it back into
compliance as well as pushing for a new plant. She added that the process was taking a while because
there was no longer a north regional office so everyone had to come out of Phoenix. Chairman Flusche
asked if ADEQ had come out with a list of the compliance issues. Ms. Roche replied that a letter would
have been sent to the wastewater treatment director Bill Evans and then Mohave County Environmental
Health would receive copies, but the department had not received anything yet. She added that the
department had also requested information directly from ADEQ concerning the plant and they were
advised a compliance letter would be sent. Chairman Flusche asked if she knew what kind of
wastewater treatment plant was being proposed. Ms. Roche replied no, they did not receive any of the
review material.
Mohave County Planning & Zoning Commission Meeting Minutes February 9, 2011 Page 4 of 9 Mr. Young stated that the district had received loans and grants but the homeowners did not have faith in that district or board. He added that he knew of four properties that had been affected by contamination and during the flood the runoff was cascading. Commissioner Azarmi asked if the subdivision nearest the plant was connected to sewer or was on septic systems. Mr. Young replied that they were connected to sewer. He noted that connecting to sewer was a provision of the HOA and that was one of the reasons he purchased in that subdivision. Commissioner Azarmi stated that the plant had to have been in compliance at some point to be in operation and asked for more information from staff. Mr. Hont replied that the wastewater treatment plant was under the jurisdiction of ADEQ, not the County. Commissioner Azarmi stated that if the plant was in operation they would have to be in compliance from ADEQ. Mr. Hont replied that the plant was in operation and had a permit from ADEQ. Commissioner Azarmi asked if the information about relocation was a commitment or just a rumor. Mr. Young replied that there were alternative sites available and the homeowners did not agree with them expanding the existing site. Chairman Flusche replied that moving a wastewater treatment plant was very expensive and time consuming and asked who ran the plant. Ms. Roche replied that the Virgin River Wastewater Treatment plant was directed by Bill Evans and he had a certified person that ran the plant. Chairman Flusche asked if they had all the approvals from ADEQ. Ms. Roche replied yes. Commissioner Azarmi advised Mr. Young that most of his concerns needed to be brought up to ADEQ and explained that the Commission was only able to review the land use application and make recommendations to the Board of Supervisors. Mr. Young replied that ADEQ had been copied on everything the Commission received and ADEQ had advised that the plant was not in compliance. Chairman Flusche stated that he was hearing conflicting reports on whether the plant was in compliance. Ms. Roche said that when ADEQ went up to the plant after the flood the plant was found to be out of compliance in many areas and a compliance letter was in the works to address the issues. Chairman Flusche asked if the plant was in compliance prior to the flood. Ms. Roche replied yes, as far as they knew. Commissioner Donahue asked if the plant was in a flood plain and was subject to flooding. Mr. Hont replied that the treatment plant was not in a flood plain and he did not believe the plant had been flooded. Chairman Flusche asked if there was a timeline for bringing the plant back into compliance. Ms. Roche replied that the Environmental Health Department had not received anything yet with that information. Commissioner Pozenel stated that there seemed to be some confusion on whether the plant flooded or not. Ms. Roche replied that the plant itself did not flood but there was a pump closer to the river that received damage and was leaking sewage but that had been taken care of already. Mr. Hont added that the pumping station was on the other side of the river and nowhere close to the location of this item. Commissioner Donahue asked if anyone knew why the plant was planning to relocate to begin with and why they had since changed their mind. Mr. Montgomery replied that he did not have any direct history but the response letter received from the district did state they were reviewing several different locations but the question was probably better asked of the applicant. Commissioner Gibson stated that she was not comfortable with the applicant not being present. Mr. Montgomery advised that the applicant was advised that it was a good idea to be present. Mohave County Planning & Zoning Commission Meeting Minutes February 9, 2011
Page 5 of 9
Commissioner Morabito made the motion to continue for 60 days; Commissioner Pozenel
seconded. Motion carried unanimously.
SOUTH MOHAVE VALLEY AREA
Evaluation of a request for a ZONING USE PERMIT on Lot 6, Block 1, PERRY ACRES,
Tract No. 4007, in Section 13, Township 18 North, Range 22 West, for a secondary residence in
an A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the South Mohave
Valley Area (approximately one mile east of State Highway 95, between Jerome Avenue and
Ann Road), Mohave County, Arizona. Proctor APN 225-43-006 RA

Rosevelt Arellano read staff’s recommendation for approval. All conditions were standard. The
applicant was present.

There were no letters or speakers in opposition or support of this item.

Commissioner Azarmi made the motion to approve per staff recommendation; Commissioner
Morabito seconded. Motion carried unanimously.
MOHAVE COUNTY GENERAL AREA

4.
Evaluation of a request for a ZONING USE PERMIT on Parcel 3239, STAGECOACH
TRAILS AT SANTA FE RANCH, Unit 19, in Section 8, Township 16 North, Range 17 West,
for a secondary residence in an A-R/36A (Agricultural-Residential/Thirty-Six Acre Minimum
Lot Size) zone, in the Dutch Flat portion of the Mohave County General Area (northwest corner
of Fireside Drive and Wild Bill Road), Mohave County, Arizona. Vreeken APN 242-09-013 JM

John Montgomery read staff’s recommendation for approval. All conditions were standard. The
applicant was present.
There were no letters or speakers in opposition or support of this item.
Commissioner Pozenel made the motion to approve per staff recommendation; Commissioner
Donahue seconded. Motion carried unanimously.

5.
Evaluation of a request for a ZONING USE PERMIT on Parcel 8-C, as shown on Record of
Survey Book 24, Page 8, a portion of Parcel 8, CEDAR HILLS RANCHES, Unit 2, in Sections
29 and 30, Township 21 North, Range 14 West, for a secondary residence in an A-R/10A
(Agricultural-Residential/Ten Acre Minimum Lot Size) zone, in the Mohave County General
Area (west of Blake Ranch Road at the corner of Saddle Drive and Dally Drive), Mohave
County, Arizona. Sommers APN 354-38-008B JM
John Montgomery read staff’s recommendation for approval. All conditions were standard. The applicant was not present. There were no speakers in opposition or support of this item. One letter of concern was received. Mohave County Planning & Zoning Commission Meeting Minutes February 9, 2011
Page 6 of 9
Chairman Flusche asked if the applicant lived on the property. Mr. Montgomery replied that he was not
sure if the property was occupied but there were currently two residences constructed on the property.
Commissioner Azarmi asked if this application was to bring the existing secondary residence into
compliance. Mr. Montgomery replied yes. Commissioner Azarmi asked how the building permits were
approved. Mr. Montgomery replied that the secondary residence was built without a building permit.
He added that the secondary residence was built by a prior owner and the current owner had applied for
an as-built building permit.
Commissioner Azarmi made the motion to approve per staff recommendation; Commissioner
Donahue seconded. Motion carried unanimously.

6.
Evaluation of a request for an AMENDMENT TO BOS RESOLUTION NO 2008-094 setting
forth a Rezone of Parcel 29-5, MUSIC MOUNTAIN RANCHES, in Section 29, Township 24
North, Range 14 West, from an A-R/36A (Agricultural-Residential/Thirty-Six Acre Minimum
Lots Size) zone to an A-R/8A (Agricultural-Residential/Eight Acre Minimum Lot Size) zone in
the Mohave County General Area (east of Antares Road between Huntington Avenue and State
Highway 66), Mohave County, Arizona. Parola APN 313-61-050 JM

John Montgomery read staff’s recommendation for approval. All conditions were standard. The
applicant was not present.
There were no letters or speakers in opposition or support of this item.

Chairman Flusche asked why the condition was being removed. Mr. Montgomery replied that when the
item first came before the Commission the applicant believed there was a well on the site and had since
learned otherwise.
Commissioner Sherwood made the motion to approve per staff recommendation; Commissioner
Morabito seconded. Motion carried unanimously.
7.
Evaluation of a request to grant an extension, to determine compliance with the schedule for
development, or cause the property to revert to its former zoning classification as specified in
BOS RESOLUTION NO. 2008-316, which approved the Rezone of a portion of Section 19,
Township 28 North, Range 17 West, in the Mohave County General Area (both sides of Greggs
Hideout Road approximately one mile northwest of Pierce Ferry Road), Mohave County,
Arizona. Builders Capital APN 336-01-020 JM
John Montgomery read staff’s recommendation for rescission. All conditions were standard. There were no letters of opposition or support received for this item. There was one speaker in support of rescission. Mark Shaver, area resident, stated that since the solar project was not going forward he was in support of rescission. Mohave County Planning & Zoning Commission Meeting Minutes February 9, 2011
Page 7 of 9
Commissioner Azarmi made the motion to approve per staff recommendation; Commissioner
Gibson seconded. Motion carried unanimously.

8.
Evaluation of a request to grant an extension, to determine compliance with the schedule for
development, or cause the property to revert to its former zoning classification as specified in
BOS RESOLUTION NOs. 2007-478, 2008-338 and 2010-019, which approved the Rezone of
Lot 42, SUNWARD HO! RANCHES, ZAFIRO ACRES, in Section 5, Township 22 North,
Range 16 West, in the Mohave County General Area (south side of Calle Alamo between Bank
Street and Avenida Obregon), Mohave County, Arizona. Karibu APN 310-02-042 JM

John Montgomery read staff’s recommendation for continuation. Mr. Montgomery noted that a letter
had been received from the applicant advising that an application for an extension of time would be
submitted very soon.
There were no letters or speakers in opposition or support of this item.
Commissioner Morabito asked if the Commission was to recommend rescission and the applicant
submitted the extension of time request, could the Board just approve the extension of time instead of
having to bring it back in 30 days. Mr. Montgomery replied that the one problem with that was that an
extension of time required notification of the neighboring property owners so in order to have time for
that process a continuation would be needed.
Commissioner Azarmi made the motion to continue for 30 days; Commissioner Donahue
seconded. Motion carried unanimously.

OTHER
9.
Evaluation of a request to AMEND THE MOHAVE COUNTY ZONING ORDINANCE to
amend Section 13.1, Regulations for Airport Development or “A-D” Zone, Section 23,
Regulations for General Manufacturing or “M” Zone, and Section 24, Regulations for Heavy
Manufacturing or “M-X” Zone, of the Mohave County Zoning Ordinance.

John Montgomery read staff’s recommendation for approval. All conditions were standard.
There were no letters or speakers in opposition or support of this item.
Commissioner Gibson made the motion to approve per staff recommendation; Commissioner
White seconded. Motion carried unanimously.

10.
Evaluation of a request to AMEND THE MOHAVE COUNTY ZONING ORDINANCE to
amend Section 27.H, General Provisions, Fences, Hedges and Similar Structures, of the Mohave
County Zoning Ordinance.
John Montgomery read staff’s recommendation for approval. All conditions were standard. There were no letters or speakers in opposition or support of this item. Mohave County Planning & Zoning Commission Meeting Minutes February 9, 2011
Page 8 of 9
Commissioner Azarmi asked how someone could demonstrate that their block wall or view-obscuring
fence would not be a traffic hazard. Mr. Montgomery replied that any fence over four feet would
require a building permit and during the permit review process the County Engineer would determine if
there was any safety hazard. Commissioner Azarmi asked if the ordinance should be more specific on
how far the fence needed to be away from the right-of-way. Mr. Montgomery replied that the County
Engineer would make that specification. Commissioner Pozenel noted that section 1.d.3 did specify the
distance required. Ms. Ballard added that staff did not include some of those standards because this was
concerning industrial areas and the County Engineer would determine the final requirements during the
review process.
Commissioner Morabito asked if a permit would be required to make their existing four-foot fence
higher. Mr. Montgomery replied yes.
Commissioner Morabito made the motion to approve per staff recommendation; Commissioner
Donahue seconded. Motion carried unanimously.

11.
Evaluation of a request to AMEND THE MOHAVE COUNTY ZONING ORDINANCE to
amend Section 40.2, Amendments to the General Plan and Area Plans, of the Mohave County
Zoning Ordinance.
John Montgomery read staff’s recommendation for approval. All conditions were standard. There were no letters of opposition or support received for this item. Mark Shaver, area resident, requested the item be continued until after the Programmatic Environmental Impact Statement (PEIS) meeting being held in Las Vegas the following week. He explained that he had a copy of the National Environmental Policy Act (NEPA) guide and while the County linked land use on both private and public lands, neither NEPA nor PEIS treated them the same. He stated that he was hoping the Commission would consider continuing the item for 30 days to hear what the public comments were regarding renewable energy. Chairman Flusche replied that if an environmental impact statement was going to be required there would be a lead agency that would advise of everything needed and added that nothing would change with that if the Commission waited 30 days. Commissioner Azarmi noted that the Commission would make a recommendation to the Board of Supervisors and Mr. Shaver could get all the information he needed from the PEIS meeting and take it to the Board meeting. Mr. Shaver stated that Section 40.2 did not make a clear distinction between a Technical Advisory Committee (TAC) and a Citizen Advisory Committee (CAC) and he was hoping that could be changed. Chairman Flusche replied that did not apply to what was being proposed today. Commissioner Sherwood stated that he was a part of the minority report to the General Plan and while he agreed that the proposed changes were consistent with the General Plan rewrite, the changes were neither based on a unanimous approval by the Board of Supervisors nor considerate of the County’s welfare, so he would be voting no on this item. Mohave County Planning & Zoning Commission Meeting Minutes February 9, 2011
Page 9 of 9
Commissioner Pozenel noted that he agreed with Commissioner Sherwood. Chairman Flusche asked
him to be specific as to why he would be voting no. Commissioner Pozenel asked why the Chairman
stated that the citizen participation had nothing to do with the item before them when Section 5C dealt
directly with the citizen participation. He added that he was a part of the minority report as well and felt
that he needed to stay consistent with his voting so that was why he would also be voting no.
Mr. Montgomery noted that the proposal in front of the Commission today was a specific set of changes.
Anything that was not either bolded or struck was existing language. Any additional proposed changes
would have to be brought to a different meeting.
Commissioner Morabito made the motion to approve per staff recommendation; Commissioner
Gibson seconded. Motion carried 7-2; Commissioners Sherwood and Pozenel voted against the
motion.

12.
Evaluation of a request to AMEND THE MOHAVE COUNTY ZONING ORDINANCE to
amend Section 25, Setbacks and Area Requirements, of the Mohave County Zoning Ordinance.

John Montgomery read staff’s recommendation for approval. All conditions were standard.
There were no letters or speakers in opposition or support of this item.
Commissioner Pozenel made the motion to approve per staff recommendation; Commissioner
Donahue seconded. Motion carried unanimously.

Commissioner Gibson made the motion to adjourn; Commissioner Donahue seconded. Motion
carried unanimously.

Meeting adjourned at 11:12 a.m.
Respectfully submitted,
Jon Ortman, Planning and Zoning Commission Clerk

Source: http://legacy.co.mohave.az.us/deptfiles/DSD/minutes/020911PZCMtgMinutesApproved.pdf