HomeMy WebLinkAbout96-244
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9636748 BK 2757 PG 299
OFFICIAL RECORDS OF MOHAVE COUNTY, {,
JOAN MC CALL, MOHAVE COUNTY RECORDEf
07/03/96 02:15P PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
RESOLUTION NO. 96-244
A RESOLUTION SETTING FORTH A REZONE OF GOVERNMENT LOT 2, IN SECTION 6,
TOWNSHIP 24 NORTH, RANGE 19 WEST, FROM A-R/36A (AGRICUL TURAL-RESIDENTlALI
THIRTY -SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/5A AND A-R/20A (AGRICUL TURAL-
RESIDENTIALIFIVE ACRE AND TWENTY ACRE MINIMUM LOT SIZE) ZONES, IN THE
MOHA VE COUNTY GENERAL AREA, MOHA VE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 1,
1996, a public hearing was conducted to determine whether approval should be granted to Rezone the above
described property as requested by the owner, Helen B. O'Neil, Jr., of Swarthmore, Pennsylvania, and
WHEREAS, this property is located west of Highway 93. The site is accessed west on Cottonwood
Road approximately one mile to Hughes Road, then north approximately three-quarters mile to an
IngresslEgress Easement, then west approximately one-fourth mile to the property located on the north side
of the road. The property is vacant and the surrounding land uses consist of mobile homes and vacant lots.
The terrain is flat with no significant drainage patterns crossing the property, and
WHEREAS, the applicant requests this zone change to allow residential development. The
applicant proposes to divide the 40-plus-acre parcel into three 5-acre parcels and one 25-plus-acre parcel.
The Mohave County General Plan designates this area as a Rural Development Area, and
WHEREAS, the Public Works Department is recommending that the developer dedicate to the
public 42 feet of roadway right-of-way along the east boundary and along the north boundary, 35 feet along
the west boundary, and 30 feet along the south boundary ofthis property. They also are recommending the
dedication of a 50-foot road right-of-way centered on the lot line between Govemment Lots 1 and 2. The
Planning and Zoning Department cannot support these recommendations because it is the Department's
opinion that said recommendations do not meet the rough proportionality test in the case of Dolan vs. the
City of Tigard Supreme Court decision, and
WHEREAS, a review ofFEMA FIRM Panel #040058-l950B indicates the parcel described to be
in Zone C, not in the FEMA Special Flood Hazard Area, and
WHEREAS, the following described Findings of Fact are for the above captioned item:
a. All notices have been advertised and posted according to regulations.
b. The proposed action and effect complies with the Mohave County General Plan.
c. The site is adequate for the action intended and the use is consistent with the surrounding
land uses and terrain.
RESOLUTION NO. 96-244
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BK 2757 PG 300 FEE~9636748
d. The neighboring area contains other like land uses similar to the above proposed action.
e. The site has legal access.
f. There are no significant environmental features affecting the site.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
June 12, 1996, the Commission recommended APPROVAL for a Rezone subject to the following:
Mohave County Public Works Department:
I. The Public Works Department recommends that the developer dedicate to the public 42 feet
of road right-of-way along the North boundary, 35 feet along the West boundary, and 30 feet
along the South boundary of the property. Public Works Department also recommends the
applicant dedicate a 25-foot roadway right-of-way on the East boundary of the property. In
addition, 20- foot radius curves need to be dedicated at all roadway intersections.
2. Public Works Department states that the eight-foot Public Utility Easements (PUEs) need
to be granted adjacent to all road rights-of-way.
Mohave County Planning and Zonin~ Department:
I. The three northern parcels will be rezoned A-R/5A and the southern parcel will be rezoned
A-R/20A (Agricultural-ResidentiallFive Acre andTwenty Acre Minimum Lot Size).
2. The submittal and recordation of a 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 grantings and dedications required by the Rezone resolution shall be shown on the
Parcel Plat and the dedications shall be accepted by the Board of Supervisors upon Parcel
Plat recordation.
4. Each parcel shall meet or exceed its respective acreage exclusive of roadways.
5. Each parcel shall have legal access.
6. The Parcel Plat shall show any surface drainage and FEMA flood zones.
7. 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.
8. The rezone shall not become effective until at least 30 days after final Board of Supervisors
approval for the change in classification, as per ARS ll-829E.
RESOLUTION NO. 96-244
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BK 2757 PG 301 FEE~9636748
9. 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 of Supervisors (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.
WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, June 16, 1996, and posted June 14, 1996, 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 Monday, July 1, 1996, APPROVED this Rezone as recommended by the Mohave County Planning and
Zoning Commission and outlined herein.
MOHA VE COUNTY BOARD OF SUPERVISORS
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S Standerfer, Chairman