A. In addition to compliance with all other provisions of this chapter, severance and use of development rights shall be subject to the requirements of this chapter. Pima County shall not recognize or register attempts to complete severance or use of development rights that do not comply with the following conditions.
B. Conditions on severance in sending areas
1. Partial transfers of development rights
a. The owner of a sending property may sever some of the development rights from that sending property, provided that the owner identifies the portion of the sending property from which all development rights have been severed, and upon which no future development shall be permitted. In the case of a partial transfer of development rights:
The ratio of A/B must be greater than or equal to the ratio of C/D where:
A = the acreage of the sending property protected from development by restrictive covenant;
B = the total acreage of the sending property;
C = the total number of development rights severed; and
D = the total number of development rights that would have been available on the sending property if no part of it had been developed.
For example, if the owner of a sending property that has 10 development rights, and no development has occurred on the sending property, and the owner chooses to sever only four of those 10 development rights, the owner shall identify at least 40% of the of the sending property as the area from which all development rights have been severed. The restrictive covenant (or notice of anticipated restrictive covenant) required by section 18.92.060(C) shall be applied to the area identified, and no further development of that area shall be permitted.
b. Where the Pima County Code provides that more development rights are available for severance and transfer than for development on the sending property, the ratio of land from which all development rights are removed shall be completed as set forth in subsection a above. The amount of development rights available for development on the remainder of the property shall be calculated without regard to any additional development rights that may have been available for transfer. For example, if a property has 24 development rights available for development, but 30 available for transfer, and the owner chooses to transfer half of the available development rights, the owner may transfer 15 development rights, provided that 50% of the sending property is restricted from further development. On the remaining 50% of the land, the owner may use one half of the development rights that would have been available for development, or 12 development rights.
c. In the case of each transfer of development rights from a sending property that does not include all of the development rights available for severance and transfer, the lands protected from future development through the restrictive covenant shall be located contiguous to either (i) any lands on the same sending property previously protected from development or (ii) any lands on adjacent parcels previously protected from development, if possible. If these contiguity requirements would be required with more than one adjacent area, the owner shall only be required to comply with one of the contiguity requirements, and the owner shall determine which of the contiguity requirements shall apply. In order to ensure that contiguity requirements are met, the County may require the applicant for transferable development rights certificate(s) to provide a title insurance report regarding surrounding parcels of land. If the owner believes that it is not possible to comply with any of the contiguity requirements, the owner may appeal the applicability of the contiguity requirements to the sending property pursuant to section 18.92.100.
d. Land subject to a restrictive covenant must be maintained as undisturbed open space unless the land, at the time of development right severance, is in use as grazing or agricultural land, in which case these uses, and all related ancillary structures, may continue.
2. Rocking K South sending area: No more than 500 development rights may be transferred from the Rocking K South sending area, located south of Old Spanish Trail.
C. Conditions on use in receiving areas: All development applications incorporating the use of transferred development rights shall comply with all development standards and dedication requirements applicable to the most restrictive zone that (1) allows the proposed uses as permitted or conditional uses, and (2) has a maximum development density or intensity equal to or greater than the development density or intensity shown in the application. At the owner's option, if there is another less restrictive zone that would allow the same gross density as the proposed development (including development rights) but would allow smaller individual lots the proposed development may instead comply with the development standards provided that the development is reviewed, based on guidelines in the Pima County Transferable development rights Manual, and approved by the design review committee.
1. All receiving areas: Additional conditions applicable to all receiving areas include the following:
a. Dedication of right-of-way as determined necessary by the Pima County department of transportation.
b. Cultural resources conditions:
i. Prior to ground modifying activities, an on-the-ground archaeological and historic resources survey shall be conducted on the subject property, and submitted to Pima County for review.
ii. Cultural resources mitigation plan for any identified archaeological and historic sites on the subject property shall be submitted to Pima County at the time of, or prior to, the submittal of any tentative plan or development plan. All work shall be conducted by an archaeologist permitted by the Arizona State Museum, or a registered architect, as appropriate.
c. Flood control district conditions:
i. Portions of properties within FEMA floodways and the brawley and black wash flow corridors may not be used for developments utilizing development rights.
ii. Prior to submittal of a subdivision plat or development plan, the property owner shall meet with the Pima County flood control district to determine if the property to be developed in accordance with this chapter is affected by any regulatory floodplains, and if so, what measures or studies may be necessary.
iii. During review of the subdivision plat or development plan, the flood control district may require that the proposed development be redesigned, and if necessary, that the number of proposed residences be reduced.
2. Rural receiving areas: Developments utilizing development rights in biological rural receiving areas must dedicate at least fifty-five percent (55%) of the development as natural open space. All other rural receiving areas must dedicate at least thirty percent (30%) of the development as natural open space. This dedication may also count towards the satisfaction of other open space requirements.
3. Rocking K South vicinity receiving area: No more than 500 development rights can be transferred to the receiving areas adjacent to the Rocking K specific plan, located south of Old Spanish Trail.
D. Notwithstanding the requirements of section 18.92.040 and sections 18.92.050(A), (B) and (C), development rights for an approved, undeveloped golf course that has no approved, underlying uses or zoning within an adopted specific plan may be either converted to residential uses on the golf course property, transferred to land adjacent to the specific plan property if under the same ownership, or may be considered a sending property provided the following requirements are met:
1. The development rights for the approved golf course shall be calculated at 2.5 residences per acres.
2. The dwelling unit cap of the approved specific plan shall not be exceeded.
3. A restrictive covenant must be recorded on the golf course property indicating that the rights to construct a golf course have been severed from the property.
4. All other requirements of this chapter must be adhered to, except that the open space required under Section 18.92.050(B) need not be provided if dwelling units are transferred from the golf course area. A restrictive covenant, as required by Section 18.92.060(C), must be recorded indicating the number of dwelling units transferred from the golf course.
(Ord. 2007-7 § 1 (part), 2007)