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Home My WebLink About91-295 . lvl~J 0 ~ t' / . 'li'iI'\.--': ;";;""1.,,,, Li-' 2 lliDEXErl ,..; "~ :::91- 60017 BK 1968 PG 17~ OFFICIAL RECORDS OF MOHAVE COUNTY AZ. *JOAN McCALL, MOHAVE COUNTY RECORDER* 11/05/91 3:00 P.M. PAGE 1 OF 6 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 Ne RESOLUTION NO. 91-295 A RESOLUTION SETTING FORTH THE REZONING OF A PORTION OF PARCEL 268, SECTION 10, TOWNSHIP 21 NORTH, RANGE 19 WEST, FROM: A-R/10A (AGRICULTURAL RESIDENTIAL/TEN ACRE MINIMUM LOT SIZE) ZONE, PROPOSED TO BE: (S-D)C-2H/15A (SPECIAL DEVELOPMENT HIGHWAY COMMERCIAL/FIFTEEN ACRE MINIMUM LOT SIZE) ZONE, LOCATED IN 'THE GOLDEN VALLEY AREA, MOlffiVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on November 4, 1991, a public hearing was conducted to determine whether approval should be granted to Paul Yang of West Los Angeles, California for a zone change from existing A-R/I0A (Agricultural Residential/Ten Acre Minimum Lot Size) zone to (S-D)C-2H/15A (Special Development Highway Commercial/Fifteen Acre Minimum Lot Size) zone, occupying the southeast corner of Highway 68 and Elgin Road in the Golden Valley area, and WHEREAS, Section 10 is located approximately nine and one- half (9.5) miles west of the junction of Highways 68 and 93 and is bisected by Highway 68. Section 10 is bounded by Chino Drive, Estrella .Road, Shipp Drive and Egar Road. The subject property is that portion of Parcel 268 lying south of Highway 68. Proposed access to the property from Highway 68 is via Elgin Road and perhaps Eloy Road as a secondary access, and Resolution No. 91-& . Page 2 PAGE 2 OF 6 BK 1968 PG 175 (FEE~91-60017) WHEREAS, review of floodplain map #040058-2300B indicates this area to be clear of a des ignated floodplain. The twenty (20+) acre site is currently vacant. Surrounding lan<.l uses consist of mostly vacant land. The proposed Ocotillo Shopping Center is located approximately seven hundred (700) feet to the east. The applicant desires to establish a commercial center on the north portion of the property. Initially the applicant suggested multifamily on the south portion but current proposal shows offices or small retail shops. The north and south portions of the lot are separated by an A.T.&T. easement. Elgin Road is a midsection line road and may be a likely location for access to this project. The improvement of Highway 68 at this location is in process and any crossover will need to be coordinated with the Arizona Department of Transportation, and WHEREAS, this proposal is located within the Golden Valley Improvement District #1 and the urban overlay/building code area. This request is in conformance with the Golden Valley Area Plan, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on October 9, 1991, the Commission recommended APPROVAL of the requested rezoning contingent upon the following conditions: 1. The applicant comply with all applicable provisions of Sections 25, 26, 27, and 31 of the Mohave County Zoning Regulations. In addition to compliance with Ordinance 87-1 (Dark Sky Ordinance). . Resolution NJlt91-295 2. NOTE: NOTE: Page 3 The ZONING PLAN be approved (Special Development/ General Frontage/ Fifteen Acres Minimum accordance with Section 19 of the Regulations. PAGE 3 OF 6 BK 1968 PG 176 (FEE~91-60017) for a ,(S-D)C-2H/15A Commercial Highway Lot Size) zone in Mohave County zoning THE FOLLOWING 4 ITEMS APPLY TO THE SPECIAL DEVELOPMENT ZONING REQUIREMENTS. 3. The owner accepts that whenever a "S-D" zone is granted, each phase of stage of development of building proposals shall be submitted to the planning staff, to be evaluated and compared with the approved zoning plan before any permits may be granted. 4 . Any significant change (as determined by the Planning Director _ appealable to the Planning Commission) in the approved zoning plan shall require a rehearing on the change before the Commission, with a final determination to be made by the Board. 5 . Staff will maintain the most current approved ZONING PLAN on file in the master zoning folder for reviews. 6 . The use of this property may not be changed by the owner/developer or subsequent owners as it is approved unless subsequently approved by the Board in accordance with Arizona Statutes Annotated, Title II, Chapter 6, Section 11-832. THE FOLLOWING 7 ITEMS APPLY TO THE PARCEL PLAT REQUIREMENT. 7. That portion of Parcel 268 lying south of the centerline of Highway 68 be combined from the existing four (4) parcels into one (1) parcel and this be done via parcel plat. 8. Submittal and recordation of a Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations. 9. The establishment of a minimum lot size based on the size of the parcel per the recorded Parcel Plat. 10. The Parcel Plat shall show any surface drainage or FEMA flood zones. 11. The parcel plat shall indicate the accurate location of the A.T.&T. easement which traverses this parcel. 12. The Board of Supervisors accept the abandonment of the existing fifty (50') foot roadway easements along the west, east and south boundaries of this parcel to be replaced by the dedication of a thirty-five (35') foot right-of-way and eight (8') foot PUE along the west and Resoluti.NO. 91-295 . Page 4 south boundaries and a thirty (30') foot right-of-way and eight (8') foot PUE along the east boundary of this parcel. In addition, dedication of a one hundred (100') foot right-of-way along the north boundary of this parcel. In addition, twenty (20') foot radii at all corners of this parcel. This shall be approved through the recording of the resolution authorizing this zone change, and that the dedication statement and dedication be shown on the Parcel Plat. 13. No building/zoning/environmental permits issued until after Parcel Plat recordation. shall be NOTE: THE FOLLOWING 5 ITEMS APPLY TO TRANSPORTATION RELATED REQUIREMENTS. 14. Adequate parking shall be implemented in accordance with the Mohave County Zoning Ordinance. 15. A one (1') foot vehicle non-access easement shall be established along the north boundary of this parcel contiguous to Highway 68' s southern right-of-way. A six (6') foot block wall shall be required along this easement. (The Planning Commission, through it's staff, would consider an engineered design to assure lot protection and non-access in lieu of a block wall.) 16. The applicant shall pave all driveway access and parking in accordance with Mohave County Standard Specification #171, or better. 17. The owner/developer shall pave Elgin Road, Mahone Drive and Eloy Road as they are contiguous to this property. The paving of the aforementioned roads shall be in accordance with Mohave County Standards 101.10A or better and shall be placed on the center line of roadway right-of-ways in a width and design as approved by the County Engineer and coordination with ADOT for access to Highway 68. 18. The applicant obtain required ADOT permits for access to Highway 68. 19. If the applicant desires to establish a median crossover it is strongly suggested that contact with ADOT be established before completion of current Highway 68 improvements. NOTE: THE FOLLOWING REQUIREMENTS. 3 ITEMS APPLY TO ENVIRONMENTAL 20. Arizona Department of Environmental Quality approves the water supply and distribution system. 21. Arizona Department of Environmental Quality approves the quantity and quality of the water supply. PAGE 4 OF 6 BK 1968 PG 177 (FEE091-60017) Resolution N~91-295 . Page 5 PAGE 5 OF 6 BK 1968 PG 178 (FEE~91-60017) 22. Arizona Department of Environmental Quality approves the use and design of the sewage treatment facility for this development. NOTE: THE FOLLOWING ITEMS APPLY TO GENERAL REQUIREMENTS. 23. A buffer, in the form of a six (6') foot block wall shall be required along the entire boundary where commercial uses and zoning abut residential zones except approved entrance points. (The Planning Commission, through it's staff, would consider an engineered design to assure lot protection and non- access in lieu of a block wall.) 24. Any open lot storage must be related to or be an accessory to the primary business. The storage area shall be covered with a dust-proof surface. If crushed rock is used for the dust-proof surface then the soil shall be maintained in a weed free condition. Any open lot storage shall be completely enclosed by a view- obscuring fence which extends two (2') feet above the highest item to be stored, with a minimum of six (6') feet and a maximum of eight (8') feet in height. Fencing shall display no advertising. 25. Any remainder of the lot not used for development shall be maintained free of debris and the vegetation controlled to minimize potential fire hazards. Grasses /weeds shall be cut regularly to assure less than eight (8") inches of growth. 26. The applicant shall coordinate development with the A.T.&T. easement and said easement shall be retained as open space. 27. That appropriate zoning/building/environmental permits be obtained. 28. The rezone shall not become effective for at least thirty (30) days after final approval of the change in classification by the Board of Supervisors. Being December 4, 1991, as per ARS 11-829E. 29. I f these conditions are not met wi thin one (1) year this approval shall be void. I f at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the Board after notification by registered mail to the owner and applicant who requested the rezoning shall schedule a public hearing to grant an extension, determine compliance with the schedule for development or cause the property to revert to its former zoning classification in accordance with Arizona Revised Statutes Annotated, Title 11, Chapter 6, 11-832. . .f Resolution NO, 91~5 . Page 6 . ~ PAGE 6 OF 6 BK 1968 PG 179 (FEE~91-60017) WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on October 20, 1991, and posted October 18, 1991 as required by Arizona Revised Statutes, and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, November 4, 1991 approved this change in zoning as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MORAVE COUNTY BOARD OF SUPERVISORS ATTEST: ~~ ;;J ~~/~-1 Lois J. Hubbarcl{v~:i~an " k