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HomeMy WebLinkAbout92-097 , /1 :-0 'Q]d7 BEING RE-RECORDED TO .CO~RECT ACRE SIZE . MINIMUM LOT SIDE ON P 3 CONDITION 3 lC , fNDEW t) ~]:C;{OFi!.Mm ~ [3] RESOLUTION NO. 92-97 A RESOLUTION SETTING FORTH THE REZONING OF A PORTION OF THE W~ E~ NE~ SE~ SECTION 23, TOWNSHIP 19 NORTH, RANGE 22 WEST, FROM: A-R (AGRICULTURAL RESIDENTIAL) ZONE, PROPOSED TO BE: (S-D)R-M/SA (SPECIAL DEVELOPMENT/MULTIPLE FAMILY RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONE, LOCATED IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 6, 1992, a public hearing was conducted to determine whether approval should be granted to C. 1 T. Langstraat of Bullhead City, Arizona, for a zone change from existing A-R (Agricultural Residential) zone to (S-D)R-M/SA (Special Development/Multiple Family Residential/Five Acre Minimum Lot Size) zone, located on Aztec Road three hundred (300') feet west of Mountain View Road in the South Mohave Valley area, and WHEREAS, Section 23 is located one (1) mile south of Bullhead City's southernmost border and is bounded by Highway 95, Camp Mohave Road, Mountain View Road and EI Rodeo Road. The site is accessed from Highway 95 via Aztec Road east approximately eight-tenths (.8) mile on the south side of the road. Aztec Road 5 is currently paved to the half section road, Calle Del Media, and ~ INDEXEtI M1CROF1LM.W. 21 092- 26932 BK 2053 PG 247 . j OFFICIAL RECORDS OF MOHAVE COUNTY AZ. ~ *JOAN McCALL. MOHAVE COUNTY RECORDER* 05/19/92 3=00 p.n. PAGE 1 OF 8 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 Ne . p~ 2 OF 8 BK 2032 PG 111 (FEE~92-18000) Resolution No. 92-97 Page 2 WHEREAS, review of floodplain map :/I:040058-2445C indicates portions of this parcel are within a designated floodplain. The site is currently vacant. Surrounding land uses consist of vacant land to the east and west with the homes to the north. The EI Rodeo Drain traverses the southern half of this parcel. The applicant is proposing one hundred twenty-six (126) units in six (6) buildings on this approximately ten (10) acre parcel. Because of the EI Rodeo Drain the usable area is approximately 7.78 acres. The resulting density is approximately sixteen (16) uni ts per acre. The applicant stated his intention to dedicate this property to the Mohave Community College and subsequently f..... '") . : L.,o:! establish a nonprofit corporation to run the apartment complex. He also indicated his desire is to have these units be for senior citizens, and WHEREAS, at the public hearing before the Mohave County Planning and zoning Commission on March 11, 1992, the Commission recommended a conditional APPROVAL of the requested rezoning with the applicant understanding and accepting the following conditions: 1. The applicant comply with all applicable provisions of Sections 25, 26, 27, and 31 of the Mohave County Zoning Regulations. Compliance with Section 27. P (Site Plan Requirements) and Ordinance 87-1 (Dark Sky Ordinance) is also required. 2. Lots/Units within this parcel will not be for sale unless or until they have been approved as subdivided parcels by the Mohave County Board of Supervisors and have met all requirements of the State of Arizona. PAGE 2 OF 8 BK 2053 PG 248 (FEE~92-26932) . pi 30F BK 2032 PG 8 112 (FEE~92-18000) Resolution No. 92-97 Page 3 *Five 3. That the ZONING PLAN be approved for a (S-D) R-M/5A (Special Development/Mul tiple-Residential /Fe'd~ * Acre Minimum Lot Size) zone in accordance with Section 19 of the Mohave County Zoning Regulations. NOTE:THE FOLLOWING 4 ITEMS APPLY TO THE SPECIAL DEVELOPMENT ZONING REQUIREMENTS. 4. 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. 5. Any significant change (as determined by the Planning Director - appealable to the Planning the approved zoning plan shall require the change before the Commission, determination to be made by the Board. Commission) in a rehearing on with a final 6. Staff will maintain the most current approved ZONING PLAN on file in the master zoning folder for reviews. r-;l I 1 -; i "i ,,-') 7. 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. ] ~ j I 'j I I I j I NOTE:THE FOLLOWING ITEMS APPLY TO PARCEL PLAT REQUIREMENTS. 8. J 9. ~ 10. 11. As the applicant is separating the uses of the twenty acre parcel he owns, the west half being the subject of this approval, the Planning Commission is recommending the following: Submittal and recordation of a Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations. This parcel shall meet or exceed five (5) acres exclusive of road easements or rights-of-way. The establishment of a minimum lot size based on the size of the parcel per the recorded Parcel Plat. The Parcel Plat shall show any surface drainage or FEMA flood zones. In addition, the parcel plat shall show the location of the EI Rodeo Drain and El Paso Gas Line Easement. PAGE 3 OF 8 BK 2053 PG 2~9 (FEE~92-26932) . . PAGE + OF 8 BK 2032 PG 113 (FEE~92-18000) Resolution No. 92-97 Page 4 12. The Board of Supervisors accept the DEDICATION of a thirty-five (35') foot right-of-way along the north boundary being Aztec Road, forty-two (42') foot right- of-way along the east boundary being Mountain View Road and twenty (20') foot radii at the corner of these right-of-ways. The granting of eight (8') foot PUEs contiguous to the north and east boundary of this property is also required. This shall be approved through the recording of the resolution authorizing this zone change, and that the dedication/granting statements and dedication/granting be shown on the Parcel Plat. 13. No building/zoning/environmental permits issued until after Parcel Plat recordation. shall be At the request of Roger Esquerra, cartographer, the Planning Commission recommends Final Plat and Parcel Plat boundaries be a triple wide line as the 1/8" blue line border obscures dimensions on prints. ( ~'l NOTE:THE FOLLOWING REQUIREMENTS. 3 ITEMS APPLY TO ENVIRONMENTAL I -: \..-..." 14. Arizona Department of Water Resources approves the water supply and distribution system. 15. Arizona Department of Environmental Quality approves the quantity and quality of the water supply. 16. Arizona Department of Environmental Quality approves the use and design of the sewage treatment facility for this development. NOTE:THE FOLLOWING REQUIREMENTS. ITEMS APPLY TO TRANSPORTATION 17. A one (1') foot vehicle non-access easement and physical barrier a minimum of six (6') feet in height shall be provided on the perimeter of the multifamily development fronting Aztec Road except approved entrance points. 18. Adequate parking shall be implemented in accordance with the Mohave County Zoning Ordinance. 19. The applicant shall pave the driveway access and parking in accordance with Mohave County Standard Specification #171, or better. PAGE 4 OF 8 BK 2053 PG 250 CFEEt92-26932) . pi 5 OF 8 BK 2032 PG 11~ (FEEt92-18000> Resolution No. 92-97 Page 5 20. That the owner/developer shall obtain right-of-way for and pave Aztec Road as it is contiguous to this property and to the nearest paved road. This may be accomplished in phases as approved by the Planning and Zoning Commission and Board. The paving of the aforementioned roads shall be placed on the center line of roadway right-of-ways in a width and design as approved by the County Engineer and in accordance with Mohave County Standard Specification #171, or better. 21. Aztec Road shall have approved protective pads to assure the integrity of the EI Paso Gas Transmission Line. The owner/developer shall provide staff with an approved design for this crossing points from EI Paso Gas Company. Any armoring required, due to the direction of drainage or the installation of infrastructure that would have to cross the transmission line shall also have the design approval of the EI Paso Gas Company. r' I 22. Traffic enhancement costs as required by Mohave County Road Department at the intersection of project roads and Aztec Road, both in design and construction and signage, will be the responsibility of the owner/developer and are a condition of approval for this development. This will also apply to off premises traffic signage as required by the County Engineer for the approaches to and from the development. These are one time costs only. I.....,., 23. Street name and regulatory signs will be installed in accordance with the recommendation of the design engineer and approval of the Mohave County Engineer. 24. All streets within the development will be constructed and paved with asphaltic concrete in accordance with Mohave County Engineering Standard Specification # 171 or better, the streets will include curb and gutter on the interior streets. All parking will conform to the design that is in conformance with the Mohave County Zoning Regulations as approved by the Mohave County Engineer taking into account the S-D (Special Development) zoning as outlined in Section 19-B of the Mohave County zoning Regulations. 25. All street centerline monuments pAGt11 Sttf s183.ked and monumented in accordance with MohaVe ~~~ Q59i~~~~) Standard Specification No. 102. 6t.J1>Sl fl.. ;.5"1 , . . . PAGE 6 OF BK 2032 PG 8 115 (FEE~92-18000) Resolution No. 92-97 Page 6 NOTE:THE FOLLOWING ITEMS APPLY TO GENERAL REQUIREMENTS. 26. The water system will provide adequate flows for fire protection. Fire hydrants conforming to the minimum County Standards shall be provided and located no more than five hundred (500') feet apart and/or such standards as acceptable and prescribed by the Mojave Mesa Fire Department. 27. The owner/developer shall, through sound engineering practices, develop a drainage plan and cause the drainage related improvements to be completed as recommended by the project engineer and approved by the County Engineer (and other government agency(s) as required) as well as address drainage flowing through the site as well as those created on the site so as to not adversely affect downstream property owners. 28. The project design will allow for adequate PUE I s to extend underground electric and telephone services to each structure or facility site in accordance with Arizona Corporation Commission Regulations as well as other essential utility services such as water, sewer and fire flow. 29. As a condition of approval due to the magnitude of this project, the owner/developer is responsible for the completion of these site improvements to insure the proper health, safety, and welfare standards are completed and shall provide an assurance for all required development improvements as outlined in Article V of the Mohave County Subdivision Regulations or as approved by the Board. 30. A buffer, in the form of a six (6') foot block wall shall be required along the entire boundary where multifamily & residential uses and zoning abut except approved entrance points. (Commission would consider an engineered design to assure lot protection and non- access in lieu of a block wall.) 31. That appropriate zoning/building/environmental permits be obtained. 32. The county has previously amended and approved up to 16 dwelling units (d.u.) per acre for R-M (Multiple- Residential) projects with amenities. The Planning Commission is of the opinion the applicants request for higher density should be approved if the applicant can PAGE 6 OF 8 BK 2053 PG 2~2 (FEE~92-26932) . ~ 7 OF 8 BK 2032 PG 116 (FEE~2-18000) Resolution No. 92-97 Page 7 match the high standards set forth by the previous, precedent setting cases such as: - locked R-V parking - laundry facilities - recreational facilities other than pools - pool with proper fencing and limited access The lack of amenity provisions should revert the requested d.u. density to the 8 d.u. per acre density as set by ordinance. 33. 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. If crushed rock is used then the soil shall be maintained in a weed free condition. (~, 34. 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 May 6, 1992, as per ARS 11-829E. 35. I f these conditions are not met wi thin one (1) year this approval shall be void. If 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. j 1 1 I WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on March 22, 1992, and in the Mohave Valley Daily News, and posted March 20, 1992 as required by Arizona Revised Statutes, and the Mohave County Zoning Regulations. PAGE 7 OF 8 BK 2053 PG 253 (FEE~92-26932) r~.! i i~U '. -' ~ r , . . . . Resolution No. 92-97 PAGE 8 OF 8 BK 2032 PG 117 (FEE~92-18000) Page 8 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, April 6, 1992 approved this change in zoning as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS 01~ r//~/;/ aA/ Lois J. Hubbara, Chairman PAGE 8 OF 8 BK 2053 P6 254 (FEEI92-26932)