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Home My WebLink About94-063 l/ l;~ ~ . . . #3 7~ IDOF1lMm rnorxED "'94- - 14932 BK 2370 PG 370 OffICIAL RECORDS OF' nOHAVE COUNTY AI. *JOAH ftGCAlL, noHAVE COUNTY RECORDER* 03/11/9+ 2:30 P.rt. PAGE 1 OF It HOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 Ne RESOLUTION NO. 94-63 A RESOLUTION SETTING FORTH AN AMENDMENT TO BOS RESOLUTION NO. 93- 365 WHICH SET FORTH A REZONE OF PARCEL 26 IN LAZY Y-U RANCH, PHASE I, SECTION 11, TOWNSHIP 20 NORTH, RANGE 16 WEST, FROM A- R/36A (AGRICULTURAL-RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/6A, A-R/10A AND A-R/19A. (AGRICULTURAL-RESIDENTIAL/SIX ACRE, TEN ACRE AND NINETEEN ACRE MINIMUM LOT SIZES) ZONE, LOCATED IN THE HUALAPAI MOUNTAIN PORTION OF THE MOHAVE COUNTY GENERAL AREA, MORAVE COUNTY, ARIZONA. WHEREAS, at the public hear:lng before the Mohave County Planning and Zoning Commission on November 10, 1993, the Commission did not specifically approve for recommendation the condi tion that required the appllcant to submit a letter of approval by the Arizona Department of Real Estate for this proposed parcel split. The applicant's surveyor/agent requested that this condition be removed from the resolution in keeping wi th the Commission's official action. New language is balded wi.th the old language struck. WHEREAS, at the ~F special meeting of the Mohave County Board of Supervisors held on Deoember 6, 1993 February 14" 1994, a public hearing was conducted to determine whether approval should be granted for an amendment of the resolution for a zone change on the above described property to owner Diane A. Cardin of Apple Valley, California, and WHEREAS, Lazy Y-U Ranch Phase I is the division of: three sections plus 80 acres into 50 parcels of 40 acres or more each. The developers plan to divide an additional six sections of land in the future. All roads are easements and as such do not create parcel divisions, according to the State Department of Real Estate office. The road designation is as follows: "Easements shown are perpetual in nature and are created for ingress/egress, drainage and public utility purposes for the benefit of each of the parcels and their owners and the public". The project attorneys recommended this wording to accommodate the public, and WHEREAS, the property is located southwest of the Kingman ci ty limits. Access is from Hualapai Mountain Road to Lazy Y-U Drive, then south on Tomahawk Drive to Buckboard Trail, then east to Saddletree Drive which traverses along the site's west property line, and . . . rAGE 2 OF ~ ~K 2310 PG 377 (FEE~94-1~952) RESOLUTION NO. 94-63 Page 2 WHEREAS, the applicant intends to provide access to the three parcels from Saddletree Way, north of the property, via a proposed 60-foot roadway and utility easement which will extend in a southerly direction. This road will begin within Parcel 23C; owner Seville Builders Inc. has already granted to the public a 60-foot ingress/egress dnd public utilities E!aSement thereby making the proposed access for Parcel 26 possible. The access road is in place; however, it is only one lane wide, and WHEREAS, the site is essent,ially the southwest side of a mountain whose peak is in Parcel 24 less than one mile away; however, parcels with steeper slopes have been successfully rezoned. Immediate land uses consist of two residential dwellings to the north and south; the remaining area is undeveloped. Electric is near if not already on-site, and WHEREAS, review of Floodplain Map #040058-2350C indicates that the property is within Zone C, an area of minimal flooding, and WHEREAS, the applicant desires to rezone the 39.73-acre site into three parcels with minimum lot sizes of 6, 10 and 19 acres. The applicant has already split one 40-acre parcel (parcel 7) within Phase I of the Lazy Y-U devE,lopment into subdivision sized parcels; Le., less than 36 acres. If the applicant were allowed to split another 40-acre parcel shE"! would be creating a total of six parcels/lots. State law only allows for three splits in any plan unless the applicant has gained subdivided lands status ~ Staff had no evidence that the applicant gained subdivision status and, therefore, recommendE!d denial of the rezone and resultant lot split, and WHEREAS, the subject property is not within an urban/Building Overlay Zone or part of an Area Plan, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 10, 1993, the Commission recommended APPROVAL for a zone change subject to the following conditions, with the olel language struck and 1:he new language BOLDED: -h-- That thc .J.pplic.J.nt: oubmit, ~1ith the P.J.rcel Plat a letter af approv.J.l from ~he ~rizona Departmont of Real Ect.J.te .:1::-0 cplit Parcc]~~ 1 ~. The western parcel be zoned A-R/17A (Agricultural- Residential/Sevent,een Acre Minimum Lot Size), the northeastern parcel be zoned A-R/IOA (Agricultural- Rl~S idential/Ten Acre Minimum Lot Size) and the southeastern pi'n:-cp 1 he zoned A-R/6A (Agricul tural-.- R,~sidential/Six l\(~Te Mi nirnum Lot Size). . . . RESOLUTION NO. 94-63 PAeE ~ Of 4 6K 2370 PG 318 (FEE.9~-1~952) Page 3 2 .3-. The centerline monumen1t:ation of the existing and proposed roads be surveyeld and set. 3 4. All proposed roads be constructed to minimum County Standards for dirt roads with respect to construction material and design grades. 4 &. Concurrence from the property owner to the north (Parcel 23) will need to be obtained for the proposed cul-de-sac connecting to Saddletree Way. 5 e. The proposed cul-de-sac have a minimum radius of 45 feet. 6 !l-. Any new ingress/egress easements shall also be public utility easements.. 7 8-. Submittal and recordation of a Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations. 8~. The three parcels will mE~et or exceed their respective acreage exclusive of road easements. 9 ~. Each parcel shall have legal access. 10 -l-l-. The Parcel Plat shall show any surface drainage and FEMA flood zones. 11 -1-2-. That appropriate zoning, building, environmental and floodplain permits be obtained prior to any development. These permits will not be issued until Parcel Plat recordation. 12 -1-.3-. 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. 13 -1-4. If these conditions are not met wi thin 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 ac::tion is in accordance with Arizona Revised Statues Annotated, Title 11, Chapter 6, 11-832. . . . RESOLUTION NO. 94-63 PAGE 4 Of 4 BK 2370 PG 379 I: FEEI94- 14952) Page 4 WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, January 30" 1994, and posted January 28, 1994, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, a1: their special meeting on Monday', February 14, 1994, APPROVED this resolution amendment as outlined herein. MORAVE COUNTY BOARD OF SUPERVISORS