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HomeMy WebLinkAbout95-270 ~ ... f}~~ . . , 'NDEXEeJ.. MICROFILMED RESOLUTION NO. 95-270 A RESOLUTION SETTING FORTH A REZONE OF THE Sv, SW'l.'. NW'l.'. SW'l.'. OF SECTION 17 AND A PORTION OF THE SW'l.'. SW'l.'. OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 19 WEST, FROM A-R/36A (AGRIcULTURAL-RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/4A (AGRIcULTURAL-RESIDENTIALIFOUR ACRE MINIMUM LOT SIZE) ZONE, IN THE LAKE HA V ASU CITY AREA, MORAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 7, 1995, a public hearing was conducted to determine whether approval should be granted for a Rezone for the above described property as requested by Clarence and Ilse Eberling of Lake Havasu City, Arizona being represented by David Steven McLaughlin of Northwest Surveying, Inc., and WHEREAS, the property is located southeast of the Lake Havasu Heights, Tract 1029, subdivision. This land is accessed from Highway 95 via east on Lake Havasu Heights Road to Rancho Vista Drive, then south on Rancho Vista Drive to an Ingress & Egress and Public Utilities Easement (I&E and PUE) to the site. The site is located approximately one-half mile south of the Rancho Vista Drive and Coronado Road intersection. The site is located on the east side of the I&E and PUE, and WHEREAS, the site is vacant and is rolling terrain sloping to the southwest. There are no significant drainage patterns that cross the property. The surrounding property is vacant, and WHEREAS, the property owner proposes this rezone in order to bring his property into compliance with the Mohave County Zoning Regulations so as to be able to put a residence on his property. The property was split by deed into non-complying lots before the General Plan was approved. There are several five-acre splits in the area. After the roads have been removed from the gross acreage the lot will net less than five acres. The Mohave County General Plan designates this to be a rural area, and WHEREAS, review ofFEMA FIRM Panel #040058-3000B indicates that this parcel lies within Zone C, not in FEMA Special Flood Hazard Area. A Floodplain Use Permit is not required, and WHEREAS, the Mohave County Public Works Department recommends the denial of this Rezone based upon the lack of legal access to this parcel, and WHEREAS, the Planning and Zoning Department originally recommended denial of this rezone based on the following: the Mohave County General Plan designates this to be a rural area, five-acre minimum lot size and the lack oflegal access. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on June 14, 1995, the Commission recommended APPROVAL for a Rezone subject to the following: ... . . Pf\GE 2 OF 2 ~.Ii 1605 PG 270 FEB95041234 RESOLUTION NO. 95-270 Page 2 I, This parcel will be rezoned A-R/4A (Agricultural-ResidentiallFour-Acre Minimum Lot Size). 2. The submittal and recordation ofa Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations and 102.04-B of the Standard Specifications and Details is required. 3. The parcel shall have legal access, this shall be provided prior to issuance of permits. 4. The Parcel Plat shall show any surface drainage and FEMA flood zones. 5. The appropriate zoning, building, environmental and floodplain permits will be obtained prior to any development. These permits will not be issued until Parcel Plat recordation. 6. 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. 7. 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 \'1ith Arizona Revised Statutes Annotated, Title II, Chapter 6,11-832. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, June 18, 1995, and posted June 16, 1995, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. WHEREAS, this item was postponed at the Board of Supervisors meeting on July 5, 1995. The notice of hearing was republished in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, July 23, 1995, and reposted July 21, 1995, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. MOHA VE COUNTY BOARD OF SUPERVISORS ~ ' ~ ., Pat olt, ChaIrman