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HomeMy WebLinkAbout98-069 RECORDING FEE RESOLUTION NO. 98-69 A RESOLUTION SETTING FORTH A REZONE OF THE NE¼ NW¼ NE¼ OF SECTION 27, EXCEPT THE NORTH 160 FEET OF THE WEST 187.31 FEET, IN TOWNSHIP 16 NORTH, RANGE 13 WEST, FROM A (GENERAL) ZONE TO A-R/2A AND A-R/4A (AGRICULTURAL- RESIDENTIAL/TWO ACRE AND FOUR ACRE MINIMUM LOT SIZE) ZONES, IN THE MOHAVE COUNTY GENERAL 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 approval should be granted to Rezone the above-described property as requested by Howard D. and Patricia A. Boggs of Wikieup, Arizona, and WHEREAS, this property is located approximately one-quarter mile east of U.S. Highway 93 on Chicken Springs Road. The site is accessed from U.S. Highway 93 via east on Chicken Springs Road approximately one-quarter mile to the property, which is located on the south side of Chicken Springs Road. The property is vacant. The terrain is relatively flat and slopes slightly toward the southeast. The surrounding land uses consist of vacant parcels and a few widely scattered single-family residences. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow for residential development. A five- acre minimum lot size is required in the A (General) zone; and Section 13.A. 1 of the Mohave County Zoning Ordinance requires rezoning for lot splits within an A (General) zone. The applicant proposes to divide the approximately 9.33-acre parcel into two 2-plus-acre parcels and one approximately 4.4-acre parcel. The Mohave County General Plan designates this area as a Rural Development Area and as an Outlying Community, and WHEREAS, a review of FEMA FIRM Panel #040058-2913B indicates the parcel described to be in Zone AS, in the Special Flood Hazard Area, and WHEREAS, the Mohave County Public Works Department objects to the proposed rezone based upon lack of legal access to the subject property, 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 land uses similar to the above-proposed action. RESOLUTION NO. 98-69 Page 2 e. There are no significant environmental features affecting the site except the Special Flood Hazard Area noted above. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on January 14, 1998, the Commission recommended APPROVAL for a Rezone subject to the following: 1. The southern two parcels will be rezoned A-R/2A (Agricultural-Residential/Two Acre Minimum Lot Size) and the northern parcel will be rezoned A-PJ4A (Agricultural- Residential/Four 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 30 feet adjoining the west boundary of the property shall be granted to the public as an Ingress & Egress (I&E) and Public Utility Easement (PUE). 4. All 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. The applicant must demonstrate legal access to the site. 7. The applicable flood zone(s) shall be noted on the Parcel Plat. 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. ! 6 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 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. RESOLUTION NO. 98-69 Page 3 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 January 16, 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, February 2, i998, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST: Carol S. Anderson, Chairman