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HomeMy WebLinkAbout98-111 ~02C ~ B~ 3066 F'G OFFICIAL RECOROS OF ~OHAVE COUNT'f~ ,.lOAN ~C CALL~ ~OHAVE (:OUN!'Y RECORDER 04108198 02:13F' PAGE ~ OF MOHAVE COUNTY BOARD OF S ' , REBORDING FEE RESOLUTION NO. 98-111 A RESOLUTION SETTING FORTH A REZONE OF THE EAST 415 FEET OF THE N~ OF LOT 13, BLOCK B, FORT MOHAVE MESA RANCHOS, IN SECTION 26, TOWNSHIP 19 NORTH, RANGE 22 WEST, FROM A-R (AGRICULTURAL-RESIDENTIAL) ZONE TO R-1/40M (SINGLE FAMILY RESIDENTIAL/FORTY THOUSAND SQUARE FOOT MINIMUM LOT SIZE) ZONE, IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 6, 1998, a public hearing was conducted to determine whether approval should be granted to Rezone the above- described property as requested by William W. and Maria Alicia Allan of Fort Mojave, Arizona, and WHEREAS, this property is located east of State Highway 95 and between E1 Rodeo Road and Joy Lane. The site is accessed from State Highway 95 via east on Wagon Wheel Lane to Mountain View Road, then north on Mountain View Road approximately 210 feet to the site, on the left side of Mountain View Road. The property has a single-family residence and a guest house on it and the terrain is relatively flat, sloping slightly to the west toward the Colorado River. The surrounding land uses consist of vacant lots and single-family residences. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow the splitting of this property. The staff believes that R-1/40M (Single Family Residenlial/Forty Thousand Square Foot Minimum Lot Size) would be a more appropriate zoning and would still accomplish what the applicant desires. The Mohave County General Plan designates this area as an Urban Development 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, although within Bermuda Water District's service area, this property obtains water from a domestic well. A 40,000-square-foot lot is not large enough to support on-site water and septic systems, and WHEREAS, this item was first heard by the Plamfing and Zoning Commission on October 8, 1997, and was denied by unanimous vote due to opposition from surrounding property owners. At the Board of Supervisors meeting on November 3, 1997, the Board referred this item back to the Plamfing and Zoning Commission for further review. At the Planning and Zoning meeting on December 10, 1997, the Commission approved this item by unanimous vote after staff changed its recommendation to R-1/40M (Single Family Residential/Forty Thousand Square Foot Minimum Lot Size). At its meeting on January 5, 1998, the Board of Supervisors again referred this item back to the Planning and Zoning Commission after discovering that the surrounding property owners had not been properly notified, and PASE 2 OF )~ RESOLUTION NO. 98-111 Page 2 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 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 March 11, 1998, the Commission recommended APPROVAL for a Rezone subject to the following: 1. These parcels will be rezoned R-1/40M (Single Family Residential/Forty Thousand Square Foot Minimum Lot Size). The zoning violations on this property must be cleared before the zoning will become effective. 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 submission of a contract or agreement with Bermuda Water Company that ensures the lots created will be served with water 15om a public system. 4. All rights-of-way dedicated and public easements granted on the Parcel Plat will be accepted by the Board of Supervisors upon Pamel 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 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. F'~'.~fiE .~; OF S EE ....... L i.~,. RESOLUTION NO. 98-111 Page 3 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 mad 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, March 21, 1998, and posted on March 20, 1998, 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, April 6, 1998, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAYE COUNTY BOARD OF SUPERVISORS Carol S. Anderson, Chairman