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:093- 57573 BK 2293 PG 69
OFFICIAL RECORDS OF MOHAVE COUNTY AZ.
*JOAN ~oCALL, MOHAVE COUNTY RECORDER*
10/08/93 1:1~ P.M. PAGE 1 OF 2
HOHAVE COUNTY 80ARD OF SUPERVISORS
RECORDING FEE 0.00 He
RESOLUTION NO. 93-280
A RESOLUTION SETTING FORTH A REZONE ON LOT 10, RIO VISTA RANCHES,
TRACT 1229, FROM A-R (AGRICULTURAL-RESIDENTIAL/ONE ACRE MINIMUM
LOT SIZE) ZONE TO R-1 (SINGLE FAMILY RESIDENTIAL) ZONE, SOUTH OF
EL RODEO ROAD AND SOUTH OF THE EL RODEO DRAINAGE CHANNEL IN THE
SOUTH MORAVE VALLEY AREA.
WHEREAS, at the regular meeting of the Mohave County Board
of Supervisors held on October 4, 1993, a public hearing was
conducted to determine whether approval should be granted for a
zone change on the above described property to owner Sharon
Porter of Fort Mohave, Arizona, and
WHEREAS, the site is located at the southeast corner of
pandero Road and Calle Del Media in South Mohave valley. Access
F~ is via Hwy. 95, thence east on EI Rodeo Road approximately one-
f'~::'~ half mile, thence north on Calle Del Media approximately one-
~~~ third mile to the site~s southwest corner, and
WHEREAS, review of Floodplain Map #00458-2445C indicates
this parcel is within Zone AO, an area of 100-year shallow
flooding where depths are between one and three feet.
Development within an AO designation requires a Floodplain Use
Permit, and
WHEREAS, the site is currently in violation of County zoning
regulations with two residential structures on one lot. All lots
within the Rio Vista Ranches Subdivision have maintained a one-
acre minimum with the exception of the splits from Lot 43. Lot
43, originally 3.12 acres, was split by deed in 1990 into three
(Lots 43A, 43B and 43C) one-acre lots. In 1991 the County
acquired a portion of land from the rear of each lot to'
accommodate the EI Rodeo drainage channel. Surrounding land uses
consist of residential development. West of the subject property
is the proposed Courtney Greens Subdivision Phase IV, zoned R-l
(Single Family Residential) per P&ZC Resolution No. 86-11, and
,
WHEREAS, the subject property is within the South Mohave
Valley Area Plan and carries an A-R land use designation (per
P&ZC Resolution No. 79-144). Existing zoning on the subject
property as part of the Rio Vista Subdivision is A-R
p~,~ (Agriculture-Residential/One Acre Minimum Lot Size) per P&ZC
.":"'j Resolution Nos. 68-69 and 68-135. Rio Vista Ranches Subdivision
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Tract 1229 was recorded March 16, 1976, and
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RESOLUTION NO. 93-280
Page 2
WHEREAS, Staff is concerned about the potential this
evaluation might have for establishing a precedent which would
allow the County to override private CC&Rs. The Rio Vista
Ranches, Tract 1229, Declaration of Convenants, Conditions and
Restrictions under "Use Regulations Item 5. Subdivision of Lots",
states the following: "No lot or parcel of land except Lots 41-
44 shall be further subdivided except where divided to increase
the size of the adjoining lot." As proposed this rezone request
would create a split of a one-plus acre lot into two 20,OOO-plus
square foot lots thereby violating the subdivision's CC&Rs, and
WHEREAS, at the public hearing before the Mohave County
Planning and Zoning Commission on September 8, 1993, the
Commission recommended DENIAL of the zone change and resultant
lot split based on the following:
1. The request is not in conformance with the South Mohave
Area Plan.
2. The request would constitute spot zoning.
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WHEREAS, the notice of hearing was published in the Kingman
Daily Miner, a newspaper of general circulation in Kingman,
Mohave County, Arizona, September 19, 1993, and posted September
17, 1993, 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 October 4, 1993, denied this zone
change, as recommended by the Mohave County Planning and Zoning
Commission and outlined herein.
ATTEST:
OF SUPERVISORS
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BK 2293 PG 7Q (FEE.93-~3)
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