The dictionary definition of a subdivision is: a portion of land divided into lots for real-estate development. When asked, people often define ANY subdivision as "a bunch of tightly clustered lots with houses on top of each other; developments with no acreage and too many people." However, not all subdivisions are the same, particularly when differentiating between a subdivision developed within a city and one developed in the unincorporated county.
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The County Planning Department definition depends on how the parcels are split. The subdivision process applies when a property owner splits a parcel into more than five parcels, any one of which is smaller than thirty-six acres.
County Subdivisions are regulated and approved by the County Planning Department. The purpose of the Subdivision Regulations is to implement the Comprehensive Plan Goals of promoting orderly growth, providing for adequate roads, utilities, water and wastewater treatment, ensuring that structures are not built in areas subject to flooding and ensuring an accurate legal description when dividing a large parcel into smaller lots for sale.
The other option for dividing land in the county is lot splitting where a property can be split up to five times by a single owner and up to five times by each subsequent owner. Arizona State law regarding lot splits allows the following:
ˆ A 360-acre parcel can be broken into ten 36-acre parcels so long as each lot is 36-acres or larger
ˆ Each 36-acre parcel can be split 5 more times by subsequent owners if they meet the minimum lot size for zoning
ˆ No one owner can split more than 5 times
All of this can be done without any oversight or regulation by the County.
This last sentence about lack of County control may sound appealing to some. However, let's put the concept of lot splits into practice by dividing up Mr. John Smith's property of 400 acres.
Mr. Smith wants to start dividing his property through sales and conveyances. The easiest is to split his 400 acres into 10, 40-acre parcels. This, by State law, only requires a record of survey and an abbreviated public report to be filed with the Department of Real Estate. Now his property has been split among ten separate property owners to do with what they want.
According to State law, each of these 10 owners can now split his or her property up to five times and no one can say otherwise, so they do. To recap, that is one 40-acre parcel split five times into 8-acre parcels, times the ten owners. Do you need a calculator yet to add up the parcels?
Now, because these parcels exist in an area zoned RU-4, as is about 90% of Cochise County, the owners of each of the newly split 8-acre parcels decide to split their parcel one more time into two 4-acre parcels. Keep in mind, these are all different owners, different lots, and different lot designs. That is 100 lots, each with its own home, its own septic system, and its own well.
These are unplanned developments which often create the following obstacles to residents in the area:
€ Overloaded pumping with individual wells;
€ Inadequate roads that create problems for utility vehicles, emergency responders and the residents themselves;
€ Flooded and often washed-out driveways and roads;
€ Too much burden on schools or the sheriff not keeping up demand with the growth in population;
€ Conflicts between legal access and physical access.
€ Increase in property taxes for ALL residents to account for these extra services.
On the flip side are planned subdivisions which can provide the basic provisions that most land purchasers expect: adequate roads, flood protections, water availability and fast response by emergency and law enforcement agencies. And County subdivisions do not mean one size fits all.
There is a conservation subdivision density bonus which allows a slightly higher density in exchange for 50% of a property being set aside as conservation area that cannot be developed. There are minor subdivisions of 27 or less that include a density bonus if connected to a paved road. Both of these subdivision options allow for flexible lot sizes and more innovative designs.
So, a subdivision means a planned development option that can provide attractive, safe areas to live for people who want to get away from the urban life. There are several types of subdivisions, including the conservation subdivision, that have been created throughout the county. If you would like to learn more about the benefits of county subdivisions, contact the Cochise County Planning Department at 520-432-9240 or visit their website at www.cochisecounty.com.





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