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Home My WebLink About97-005 . ~fr'" :' W1 . . INDEXED MtCROALMID 970 1 1 66 BK 2841 PG 325 OFFICIAL RECORDS OF MOHAVE COUNTY, JOAN MC CALL, MOHAVE COUNTY RECORDE' 01/08/97 03:44P PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 97-5 A RESOLUTION SETTING FORTH A REZONE OF LOTS 4 AND 5, BLOCK 1, MOUNTAIN VIEW RANCHES, TRACT 4003-C, IN SECTION 5, TOWNSHIP 18 NORTH, RANGE 21 WEST, FROM A-R/5A (AGRICULTURAL-RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONE TO C-MO/5A (COMMERCIAL-MANUFACTURING/OPEN LOT STORAGE/FIVE ACRE MINIMUM LOT SIZE) ZONE, IN THE SOUTH MORA VE VALLEY AREA, MORAVE 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 Karen K. Goldsberry of Fort Mohave, Arizona, and WHEREAS, this property is located south of Bullhead City and east of State Highway 95 on Boundary Cone Road. The site is accessed from State Highway 95 via east on Boundary Cone Road to Ashley Street, then south on Ashley Street to Bradley Way, then east on Bradley Way to the site, located on the southwest comer of Bradley Drive and Bradley Way. Lot 4 has a single family residence and a garage on it. The north half of Lot 5 has a single family residence, a materiel building and a wood shop on it. The south half of Lot 5 is vacant. The terrain is relatively flat, sloping slightly to the west The surrounding land uses consist of vacant land, a welding and repair shop to the north, an established recreational vehicle park and a planned recreational park to the east, and several single family residences. There are no significant drainage pattems, and WHEREAS, the applicant requests this zone change to allow for the sale of decorative rock; for the manufacture and sale of precast concrete fence; a warehouse; and the storage of machinery and equipment. The Mohave County General Plan designates this area as an Urban Development Area. The South Mohave Valley Area Plan designates this as a commercial area, and WHEREAS, a review of FEMA FIRM Panel #040058-2445C indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, the Mohave County Public Works Department requests that the developer be made aware of the following information: The Engineer of Record for the subdivision in which this project is located stated on the plat as a statement of flood hazard that no building shall occur in the area designated on the final plat as Flood Prone Areas. Even though not in an area of I OO-year flooding, portions of these lots are within an area designated by the Engineer as Flood Prone and are not to be built upon. In addition, the Engineer of Record provided building sites and elevations for these lots. These elevations were to be used as a recommended minimum elevation for building pads outside the designated Flood Prone area, and '" . . . PAGE 2 OF 3 BK 2841 PG 326 FEE~9701166 RESOLUTION NO. 97-5 Page 2 WHEREAS, the Engineer also stated that no use, structure, obstruction or development shall be allowed which will adversely affect the capacity of any channel or natural floodway or tributary thereto, whether designated or not, and under no circumstances shall any use whatsoever be allowed in those areas designated as flood prone, with the exception of access to and from building sites as long as said access does not in any way reduce the carrying capacity of the flood prone area, and WHEREAS, the Engineer went on further to say that he shall not be responsible for any flood damage resulting from any alteration or modification of the designated building site locations and/or elevations and for any reduction in the carrying capacity or realignment of any channel or natural floodway, and WHEREAS, as stated, these lots are not designated on FIRM maps as areas within the 100-year flood zone. These statements make the developer aware of the potential flooding problems that may exist on his lot in accordance with the subdivisions's engineering study, as performed and presented by the Engineer of Record. The choice of building location is solely that of the developer's and Mohave County assumes no responsibility, legal or otherwise, for any flooding problems that may occur on this site, 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 the effect complies with the Mohave County General Plan and the South Mohave Valley Area 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, except for the noted Special Flood Hazard Area as designated by the Engineer of Record for this subdivision. 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: L These lots will be rezoned CoMO/SA (Commercial-Manufacturing/Open Lot Storage/Five Acre Minimum Lot Size). 2. The applicant will provide a solid view-obscuring fence around the open lot storage portion of this property. 3. The applicant shall comply with all applicable provisions of the Mohave County Zoning Regulations. Section 27.P (Site Plan Requirements) must be completed and approved prior to approval of permits. If this development creates any additional impervious areas, a Limited Drainage Report is required. '" , . . PAGE 3 OF 3 BK 2841 PG 327 FEE~9701166 . RESOLUTION NO. 97-5 Page 3 4. Any work within the public right-of-way will require a right-of-way permit from the Mohave County Public Works' Engineering Department (Attn. Sam Elters). 5. The appropriate zoning, building, environmental and floodplain permits will be obtained Prior to construction. " MOHA VE COUNTY BOARD OF SUPERVISORS 6. The rezone shaH not become effective until at least 30 days after final approval of the change in classification by the Board of Supervisors, 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 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. 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. ...n\~~\1II!!1"c" A~~~\! .' $\';;:' . ~L~ ~~ ~" iJ! ;:0 gg ill == ;a '" '" '" \,* .. ..... ~ A -~.,-.. .', ~~ '1 R I Z C' ." .' .,,<;~;' --' W/f/fllllllllir'j\\\...... ~/a~~ Carol S. Anderson, Chairman