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HomeMy WebLinkAbout97-012 ~ ~. ~ . . INDEXED MlCRORLMEli . ~. 97011 73 ~.K 2841 F'G 343 OFFICIAL RECORDS OF MOHAVE COUNTY, ( JOAN MC CALl., MOHAVE COUNTY RECORDEI 01108197 03:47P PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-12 A RESOLUTION SETTING FORTH A REZONE OF THE Elf, SEV. SEV. OF SECTION 3, TOWNSHIP 20 NORTH, RANGE 14 WEST, FROM A-R/36A (AGRICUL TURAL-RESIDENTIALI THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/5A (AGRICULTURAL- RESIDENTIALIFIVE ACRE MINIMUM LOT SIZE) ZONE, 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 January 6, 1997, a public hearing was conducted to determine whether approval should be granted to Rezone the above described property as requested by Gilbert J. Rutz of Phoenix, Arizona, and WHEREAS, this property is located east of Kingman, south ofInterstate Highway 40, and west of US Highway 93. The site is accessed from US Highway 93 via northwest on old US Highway 93 (Mohave County Highway 193) approximately five miles to the east boundary of the property. The property is vacant. The terrain is gently rolling hills, sloping to the east. The surrounding land uses consist of vacant parcels. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow for development. The applicant proposes to divide the 19.61-gross-acre parcel into three 5-net-acre parcels. The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, a review ofFEMA FIRM Panel #040058-2375B indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, there are no other splits oflots dO....'Il to this size in this area. This split is inconsistent with the area and sets a precedent. The Planning and Zoning Department recommends that this property be rezoned to an acreage to allow the property to meet zoning, 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. 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. . . PAGE 2 OF 3 BK 2841 PG 344 FEE~9701173 RESOLUTION NO. 97-12 Page 2 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on December II, 1996, the Commission recommended APPROVAL for a Rezone subject to the following: 1. These parcels will be rezoned A-R/5A (AgricuItural-residentiallFive 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 Board of Supervisors accepts the dedication of the 42 feet along the eastern and southern boundaries as road rights-of-way or an alternative dedication as approved by the Mohave County Pubic Works Engineer. In addition, 20-foot radius curves are required at all dedicated roadway intersection points. 4. All rights-of-way dedicated and public easements granted on the Parcel Plat will be accepted by the Board of Supervisors upon Parcel Plat recordation. 5. Each parcel shall meet or exceed its respective acreage exclusive of roadways. 6. Each parcel shall have legal access. 7. The Parcel Plat shall show any surface drainage and FEMA flood zones. 8. 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. 9. 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 11-829E. 10. If the required parcel plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations and I02.04-B of the Standard Specifications and Details is not recorded within one year of Board of Supervisors approval, this rezone approval will be void. All other conditions are to met upon the development of the property. Before the approval is declared void 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 Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, December 21, 1996, and posted December 20, 1996, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. ... ,. '" . . PAGE 3 OF 3 BK 2841 PG 345 FEE~9701173 RESOLUTION NO. 97-]2 Page 3 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, January 6, 1997, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ATT~~\\1I\lUlI/1II'~I//',.. ~~,~t.flV/S{l, . ~S~ ~LI ~;:o... II ~ ~./.an~~ Carol S. Anderson, Chairman