HomeMy WebLinkAbout97-366
~.-
.
.
lNOEXED AA1CROFILMI:U
9766434 BK 3002 PG 405
OFFICIAL RECORDS OF MOHAVE COUNTY, A:
JOAN MC CALL, MOHAVE COUNTY RECORDER
12/09i97 03:59P PAGE 1 OF 3
MOHAVE COUHTY WARD OF SUPERVISORS
RECORDIHG FEE 0.00
RESOLUTION NO. 97-366
A RESOLUTION SETTING FORTH A REZONE OF THE SWv. OF SECTION 13, EXCLUDING
THE STATE HIGHWAY 95 RIGHT-OF-WAY, IN TOWNSHIP 16 NORTH, RANGE 20 WEST,
FROM A-R/I0A (AGRICUL TURAL-RESIDENTIALrrEN ACRE MINIMUM LOT SIZE) ZONE
TO C-2H (GENERAL COMMERCIAL HIGHWAY FRONT AGE) ZONE, IN THE LAKE HA V ASU
CITY AREA, MOHA VE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December
I, 1997, a public hearing was conducted to determine whether approval should be granted to Rezone the
above-described property as requested by the 1-40 Investors, LLC, of Scottsdale, Arizona, being represented
by William T. Miller, Inc., of Lake Havasu City, Arizona, and
WHEREAS, this property is located south ofInterstate 40 at its intersection with State Highway 95,
The site is accessed directly from State Highway 95. The property is vacant and the terrain is gently rolling
hills, generally sloping to the southwest. The surrounding land uses consist ofInterstate 40 to the north and
the remaining land is vacant. There are no significant drainage patterns, and
WHEREAS, the applicant requests this zone change of 160.28 gross acres minus the State Highway
95 right-of-way (approximately 13.5 acres) to allow for constructing a travel center facility. The Mohave
County General Plan designates this area as a Rural Development Area, and
WHEREAS, a review ofFEMA FIRM Panel #040058-2970B indicates the parcel described to be
in Zone AO, in the Special Flood Hazard Area, and
WHEREAS, this item was first considered by the Planning and Zoning Commission on August 13,
1997, and was recommended for APPROVAL by a unanimous vote. The Board of Supervisors, at their
meeting on September 2, 1997, DENIED this request for rezoning due to the large amount of acreage being
rezoned. At their meeting on October 6, 1997, the Board of Supervisors reconsidered their decision and
referred this item back to the Planning and Zoning Commission for their review with a smaller portion of
this property to be rezoned. The applicant reduced the previously requested acreage of361.66 gross acres
to 160.28 gross acres minus the State Highway 95 right-of-way, 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.
c. The site is adequate for the action intended and the use is consistent with the surrounding
land uses and terrain.
.
.
PAGE 2 OF 3
BK 3002 PG 406 FEE~9766434
RESOLUTION NO. 97-366
Page 2
d. The neighboring area contains other proposed 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.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
November 12, 1997, the Commission recommended APPROVAL for a Rezone subject to the following:
1. This property will be rezoned C-2H (General Commercial Highway Frontage).
2. 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.
3. The applicant will contact and obtain a permit from the Arizona Department of
Transportation (ADOT) for the method of accessing State Highway 95.
4. 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.
5. That a 42-foot road right-of-way along the west and south boundaries of this property shall
be dedicated to the public and accepted by the Mohave County Board of Supervisors. In
addition, 20-foot radius curves are required at all dedicated roadway intersection points;
except for intersections of county rights-of-way with State Highway 95, where 45-foot radius
curves are required.
6. The eight feet adjoining to all rights-of-way shall be granted to the public as a Public Utility
Easement (PUE).
7. 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.
8. Each parcel shall meet or exceed its respective acreage exclusive of roadways.
9. Each parcel shall have legal access.
10. The applicable flood zone(s) shall be noted on the Parcel Plat.
11. 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.
.
.
.
PAGE 3 OF 3
BK 3002 PG 407 FEE*9766434
RESOLUTION NO. 97-366
Page 3
12. 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.
13. If the required 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 not
recorded within one year of Board of Supervisors approval, this rezone approval will be void.
All other conditions are to be 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 schedu1e 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, November IS, 1997, and posted on November 14,1997,
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, December I, 1997, APPROVED this Rezone as recommended by the Mohave County Planning
and Zoning Commission and outlined herein.
MOHA VE COUNTY BOARD OF SUPERVISORS
t'JAA/d ~/~ /
Carol S. Anderson, Chairman