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Home My WebLink About98-414'~~ ~IICRORLMED ~ ~-~ ~, ~ gK PG ~~ OFFICIAL RECORDS OF ~']HAVE CO!JNTY, AZ !rlAN tlC (:AIL, MOHAVE COUNTY RECORDER 1~,~.?, !~% (G:17P PAGE 1 OF ~ -~ t!OHAVE COONTY BOARD OF SUPERVISORS RF'CORDING FEE O~O0 RESOLUTION NO. 98-414 A RESOLUTION SETTING FORTH A REZONE OF ALL OF SECTION 19 LYING WEST OF INTERSTATE 40, EXCLUDING LOT 141, LAZY Y-U RANCH, PHASE IV AND THE ARIZONA STATE TRUST LAND, AND SECTIONS 30 AND 31 LYING WEST OF INTERSTATE 40, TOWNSHIP 20 NORTH, RANGE 17 WEST; ALL OF SECTION 6 LYING WEST OF INTERSTATE 40 AND ALL OF SECTION 7 LYING WEST OF THE BNSF RAILROAD, TOWNSHIP 19 NORTH, RANGE 17 WEST; ALL OF SECTION 10, EXCLUDING THE S~ SE¼ SE¼ NE¼ NE¼, THE N½ NE¼ NE¼ SE¼ SE¼, THE N½ NW¼ NW¼ SW¼ SW¼, AND THE S½ SW¼ SW¼ NW¼ NW¼ OF SECTION 10; SECTION 15, EXCLUDING THE NW¼ NW¼ OF SECTION 15; AND SECTION 16, TOWNSHIP 19 NORTH, RANGE 18 WEST, FROM A-R/36A (AGRICULTURAL-RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO M-X (HEAVY MANUFACTURING) ZONE, IN THE GRIFFITH ROAD PORTION OF THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on December 21, 1998, a public hearing was conducted to determine whether approval should be granted to Rezone the above-described property as requested by the Mohave County Economic Development Authority, Inc., of Kingman, Arizona, representing the property owners: Western Progress Company of Litchfield Park, Arizona, First American Title Insurance Company, Trusts 7794 and 4446, of Phoenix, Arizona, and June D. Jarvis of Santa Monica, California, and WHEREAS, these properties are located west of the Interstate 40/Griffith Road intersection and along both sides of Interstate 40 north of Griffith Road. Both sites are accessed from Interstate 40 via west on Griffith Road. Sections 10, 15, excluding the NW¼ NW¼ of Section 15, and 16 are accessed from Interstate 40 via west on Griffith Road to Apache Road, then north on Apache Road to Yucca Drive, then west on Yucca Drive to Section 10, located on the north side. Sections 15 and 16 are located on the south side, approximately three miles west of the Griffith Interchange. Sections 19, 30, 31, 6, and 7 are accessed from Interstate 40 via west on Griffith Road to Apache Road, then north on Apache Road approximately one-quarter mile to the southwest comer of the property. The property is vacant and the terrain is relatively flat, sloping slightly to the southwest. The surrounding land uses consist of vacant land, a few scattered single-family residences along Sections 10 and 15, and the Praxair plant at the Griffith Interchange. There are several minor washes crossing all the sections from the north to the south and a major wash crossing Section 6 from the north to the south. In addition, there are two gas lines crossing Section 19 from the southwest comer to the northeast comer, and WHEREAS, the applicant requests this zone change to allow for future industrial development. The Mohave County General Plan designates this area as an Urban Development Area/Heavy Industrial, and RESOLUTION NO. 98-414 Page 2 WHEREAS, the Bureau of Land Management (BLM) manages property within the area proposed for rezoning. They have written to the Department asking that their properties be omitted. Further, the Burlington Northern Santa Fe Railroad (BNSF) and the State of Arizona own property within the rezone, but have not given the county expressed written permission to rezone the property. ARS § 11.829.F states: "The Legislature finds that a rezoning of land that changes the zoning or the zoning classification of land or reduces the value of the land, is a matter of statewide concern and such a change in zoning that is initiated by the governing body or zoning body shall not be made without the expressed written consent of the property owner. The county shall not adopt any change in a classification to circumvent the purpose of this subsection." Since ARS § 11.829.F allows only the property owner to rezone the property, the BLM, BNSF, and State of Arizona properties can only be included by county initiative. Without expressed written consent, Mohave County is legally prohibited from rezoning. The BLM, BNSF, and State of Arizona properties must be omitted from the rezone, mad WHEREAS, Sections 10, 15, and 16 of this request were presented to the Planning and Zoning Commission at their regular meeting on August 12, 1998. This portion of the request was continued by the Commission for further evaluation and has been incorporated hereto. This action was scheduled for the Planning and Zoning Commission meeting on September 9, 1998, but was continued by staff due to problems with the accompanying General Plan Amendment, and WHEREAS, NOTE: Sections 12 and 13, and the north half of Section 14, Township 19 North, Range 18 West is currently zoned M-X, for a total of 1,546.08 acres, and is vacant, and WHEREAS, a review of FEMA FIRM Panel #040058-2325B and #040058-2500B indicates that a portion of the parcels described are in Zone A, in the Special Flood Hazard Area, and that a portion of the parcels described are in Zone C, not in the FEMA Special Flood Hazard Area, 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. 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 Areas. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on October 14, 1998, the Commission recommended APPROVAL for a Rezone subject to the following: F'~GE ~ [iF' 4 7222 F'(; 5~I FEE:::9~078287 RESOLUTION NO. 98-414 Page 3 1. All of Section 19 lying west of Interstate 40, excluding Lot 141, LAZY Y-U RANCH PHASE IV and the Arizona State Trust Land; Sections 30 and 31 lying west of Interstate 40, Township 20 North, Range 17 West; all of Section 6 lying west of Interstate 40 and all of Section 7 lying west of the BNSF Railroad, Township 19 North, Range 17 West; all of Section 10, excluding the S½ SE¼ SE¼ NE¼ NE¼, the N½ NE¼ NE¼ SE¼ SE¼, the N½ NW¼ NW¼ SW¼ SW¼, and the S½ SW¼ SW¼ NW¼ NW¼ of Section 10; Section 15, excluding the NW¼ NW¼ of Section 15; and Section 16, Township 19 North, Range 18 West, will be rezoned M-X (Heavy Manufacturing). 2. That the existing 40-foot roadway easements known as Navajo Drive, Sacramento Road, and Ramada Road, shall be dedicated to the public and accepted by the Mohave County Board of Supervisors as road rights-of-way. An additional 10 feet of road right-of-way to Navajo Drive, Sacramento Road, Ramada Road, and Sonoita Drive, to make a total width of 50 feet, shall be dedicated to the public and accepted by the Mohave County Board of Supervisors. Also, that a 50-foot road right-of-way along the north and south boundaries of Section 16, and along the west and east boundaries of Section 15, shall be dedicated to the public and accepted by the Mohave County Board of Supervisors. Also, that a 50-foot road right-of- way along all the boundaries of Sections 19, 30, and 3 i, Township 20 North, Range 17 West and Sections 6 and 7, Township 19 North, Range 17 West, 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. This may be accomplished via separate instrument. Also, frontage roads shall be provided along Interstate 40, if necessary, per Arizona Department of Transportation (ADOT) specifications. Similar rights- of-way, radius curves, and Public Utility Easements are required. 3. There will be a 500-foot open space buffer along the boundaries of those sections that bound with residential areas. The maximum noise level for the residential areas adjoining the proposed area to be rezoned shall not be greater than 60 dBA as shown on Extfibit V.6: Maximum Noise Levels for Various Land Uses, Mohave County General Plan, page 49. 4. All projects require the submittal and approval of environmental assessments with the potential for significant air pollutant discharges including, but not limited to, manufacturing or other industrial developments as shown in Air Quality Goals and Policies No. 2.4, Resource Conservation, Mohave County General Plan, Page 32. 5. The applicant shall comply with All applicable provisions of the Mohave County Zoning Regulations. Upon development Section 27.P (Site Plan Requirements) must be completed and approved prior to approval of permits and before establishing the use. In addition, the applicant shall provide right-of-way, road, and drainage improvements as required by the Mohave County Engineer prior to site plan approval. 6. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. ~,t~:. ~':2:;;2 ?fi '~:~? -- RESOLUTION NO. 98-414 Page 4 7. The rezone shall 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. 8. If these conditions are not met within FIVE YEARS 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 Aimotated, 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 2, 1998, and posted on December 4, 1998, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations, and WHEREAS, the Board of Supervisors considered the comments received at their December 21, 1998 meeting.- NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, December 21, 1998, APPROVED this Rezone as outlined herein and as amended below: Condition Number 3 shall read: 3. There will be a 300-foot buffer measuring from the residential property line along the boundaries of those sections that bound with residential areas to mitigate noise and vibration. Parking areas, landscaping, utility easements and similar uses that do not produce noticeable noise and vibration may be placed within the 300-foot buffer. Except for temporary construction, safety relief systems or transportation systems, the maximum noise level for the residential areas adjoining the proposed area to be rezoned shall not be greater than 65 dBA as measures from the residential property line. MOH~PERVISORS