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HomeMy WebLinkAbout93-268 ,. "" "fNTJEXtJJ :::93- 52084 BK 2280 PG 367 OFFICIAL RECORDS OF MOHAVE COUNTY AI. *jOAH ngCALLr MOHAVE COUHTY RECOROER* 09/1~/9~ 1:00 P.M. PAGE 1 OF 3 MOHAVE COut~TY BOARD OF SUPERVISORS RECORDING FEE 0.00 He 11CRORLMtD '00 o . #3 RESOLUTION NO.93-268 A RESOLUTION SETTING FORTH A REZONE ON A PORTION OF PARCEL 246 OF STOCKTON HILL RANCHES UNIT 8 FROM A-R/10A (AGRICULTURAL- RESIDENTIAL/TEN ACRE MINIMUM LOT SIZE) ZONE, PROPOSED TO BE A- R/5A (AGRICULTURAL-RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONES, IN SECTION 36, TOWNSHIP 23 NORTH, RANGE 17 WEST, LOCATED APPROXIMATELY ONE (1) MILE EAST OF STOCKTON HILL ROAD AND ONE- QUARTER (.25) MILE NORTH OF JANE AVENUE IN THE LONG MOUNTAIN AREA OF MOHAVE COUNTY. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on September 7, 1993, a public hearing was conducted to determine whether approval should be granted for a zone change for the above described property owned by Matthew L. and Karin L. Dolph of San Francisco, California, and WHEREAS, the subject property is wi thin the Long Mountain Area plan, and WHEREAS, the proposed zone change covers that portion of Parcel 246 located approximately within the E~, excepting therefrom the W~ of the NE~. Access is from Stockton Hill Road, thence east on Jane Avenue approximately three-quarter mile, thence north on Parker Avenue approximately one-half mile, thence east on Ruthe Avenue approximately one-quarter mile to the site's northwest corner, and WHEREAS, contiguous and within the site's north, east and south boundary are 100-foot roadway and utility easements. Per the county's road width hierarchy, Ruthe Avenue to the north should be a 70-foot right-of-way, Longee Street and Deloris Avenue to the east and south should be 60-foot rights-of-way unless topographical features have been used to determine other applicable widths, and WHEREAS, Arizona Revised Statutes 28-1907, Extinguishment of Easements, states: "If a city or county owns no title to a roadway but holds right-of-way easements only, such easements may be extinguished by the governing body's resolution." This statement will be used to extinguish the portion of the roadway remaining from the roadway dedication to County standards. Only the roadway portion of the easement is being extinguished; the utility portion will remain, thereby making it unnecessary to grant an additional public utility easement of eight feet outside the right-of-way, as is typical, and . . RESOLUTION NO. 93-268 Page 2 PAGE 2 OF :I BK 2280 PG 368 (FEE~93-S20S4) WHEREAS, utilities are near the site and approximately 10 residences are within a visible radius; the remaining land is vacant. The majority of the northern portion is flat with the exception of two minor washes running from east to west. The southeast corner of the site drops off into a larger off-site wash, and WHEREAS, review of Floodplain Map #040058-2155B indicates this parcel to be within Zone C, an area of minimal flooding, and WHEREAS, the subject property is not within an Urban/Building Overlay Zone. This rezone proposal conforms to the Long Mountain Area Plan, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 11, 1993, the Commission recommended APPROVAL of the zone change and resultant lot split subject to the following: 1. The two parcels be zoned A-R/5A (Agricul tural- Residential/Five Acre Minimum Lot Size). 2. Submittal and recordation of a Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations. 3. The two parcels will meet or exceed five acres exclusive of road easements or rights-of-way. 4. Each parcel shall have legal access. 5. That the Board of Supervisors accept the dedication of a 35-foot right-of-way on Ruthe Avenue, 30-foot rights- of-way on Longee Street and Deloris Avenue, and two 20- foot radius curves at the northeast and southeast corners of the subject property. This shall be approved through the recording of the resolution authorizing the zone change, and that the dedication be shown via an acceptance statement and identified on the Parcel Plat. 6. The extinguishment of the remaining 15 feet of roadway easement on Ruthe Avenue and the remaining 20 feet of roadway easements on Longee Street and Deloris Avenue. This shall be identified on the Parcel Plat. 7. The Parcel Plat shall show any surface drainage and FEMA flood zones. ., . . RESOLUTION NO. 93-268 Page 3 PAGE 3 OF :3 BK 2280 PG 369 (FEE~93-520g~) 8. That appropriate zoning/building/environmental permits be obtained prior to any development. These permits will not be issued until Parcel Plat recordation. 9. The rezone shall not become effective for 30 days after final Board of Supervisors approval for the change in classification, as per ARS 11-829E. 10. If these conditions are not met within one year this approval will be void. If at the expiration of this period the property has not been improved to meet 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. This action is in accordance with Arizona Revised Statutes Annotated , Title 11, Chapter 6, 11-832. NOW THEREFORE BE IT RESOLVED, the notice 0 f hearing was published in the Kingman Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, August 19, 1993, and posted August 23, 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 Tuesday, September 7, 1993, approved this zone change as recommended by the Mohave County Planning and zoning Commission and outlined herein. SUPERVISORS ~