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HomeMy WebLinkAbout98-053 OFFICIAl,. RECgRDS OF MOHA.¥E ..!O¢~N PI(: C~qLI..~ MOHA~VE MOHAVE COUNTY BOARD OF RECORDING FEE 0,00 RESOLUTION NO. 98-53 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME FOR A REZONE AND POSSIBLE REVERSION TO PREVIOUS ZONE OF LOTS 11 AND 12, RIO PALMAS, UNIT 1, IN SECTION 14, TOWNSHIP 19 NORTH, RANGE 22 WEST, FROM A-R (AGRICULTURAL- RESIDENTIAL) ZONE TO C-MO/lA (COMMERCIAL-MANUFACTURING/OPEN LOT STORAGE/ONE ACRE 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 February 2, 1998, a public hearing was conducted to determine whether an Extension of Time for a Rezone should be granted for the above-described property as requested by Jack and Sharon Ehrhardt of Kingman, Arizona, and WHEREAS, this property is located south of the Bullhead City Limits, west of State Highway 95, and south of Sterling Road. The site is accessed from State Highway 95 via west on Sterling Road to the site, located on the south side approximately 500 feet west of State Highway 95. The property is vacant and slopes slightly to the southwest. There are no significant drainage patterns, and WHEREAS, this property was conditionally approved for a rezone to C-MO/lA by the Mohave County Board of Supervisors on May 4, 1992, via BOS Resolution No. 92-134. It was first extended on August 2, 1993, with BOS Resolution No. 93-213. It was extended the second time with BOS Resolution No. 94-256 on August 8, 1994. A third Extension of Time was granted via BOS Resolution No. 95-223 on August 7, 1995. BOS Resolution No. 95-223 expired on May 4, 1996, with the applicant not applying for another Extension of Time. The Mohave County General Plan designates this area as an Urban Development Area and Exhibit VI.18, Mohave Valley Detailed Land Use Diagram, further designates this area as General Commercial (GC), and WHEREAS, a letter was sent to the owner on September 4, 1997, notifying them that the approval of their rezoning had expired and an Extension of Time was required. The property owners requested a meeting with Thomas Aragon, Zoning Manager, Mohave County Planning and Zoning Department, as stated in their letter dated September 24, 1997. In their letter dated October 1, 1997, the property owners requested that the property be designated General Commercial (GC), as per the Mohave County General Plan, and not revert back to its agricultural designation. The property owners requested a hearing with the Mohave County Planning and Zoning Commission, and ,r:'AiSE 2 OF 3 3029 Pti 239 F'EE¢98006224 RESOLUTION NO. 98-53 Page 2 WHEREAS, during his meeting with Thomas Aragon, Mr. Ehrhardt requested that his rezone action be placed on hold until the E1 Paso Gas line is installed along Sterling Road. On December 29, 1997, information was received from the E1 Paso Gas Company that the pipeline was installed in the fall of 1997 mad is in operation at this time, and WHEREAS, the property owner has not accomplished any of the conditions of approval as required by BOS Resolution No. 92-134, and WHEREAS, this will be the fourth and fifth Extensions of Time for this property, and WHEREAS, a review of FEMA FIRM Panel #040058-2435D indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, this rezo~fing request seems to be premature due to the limited access on Sterling Road and that Sterling Road presently does not have access onto State Highway 95, 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 site has legal access. e. There are no significant environmental features affecting the site. f. This request DOES NOT COMPLY with the Extension of Time Policy. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on January 14, 1998, the Commission reconm~ended DENIAL for an Extension of Time for a Rezone and that the zoning of these parcels revert to A-R (Agricultural-Residential) based upon the following: 1. This request does not comply with the Extension of Time Policy and none of the conditions of approval of BOS Resolution No. 92-134 have been accomplished to this date. 2. This rezoning request seems to be premature due to the limited access on Sterling Road and that Sterling Road presently does not have access onto State Highway 95. 3. BOS Resolution Nos. 92-134, 93-213, 94-256, and 95-223 be scheduled for Rescission. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, January 17, 1998, and posted on January 16, 1998, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 98-53 Page 3 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, February 2, 1998, DENIED this Extension of Time for a Rezone and the zoning of these parcels will revert to A-R (Agricultural-Residential) as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ~~'~Xv'~ Carol S. Anderson, Chairman