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HomeMy WebLinkAbout98-437 .iOAN MO CALL, MOHAVE COUNTY F:Ee:r!~'nrP 12/08/1998 D3:33P PAGE i OF J~ ~iOHAVE COUNTY BOARD OF SUF'ERVI'3ORS RECORDING FEE 0.00 RESOLUTION NO. 98-437 A RESOLUTION SETTING FORTH THE ACCEPTANCE OF THE DEVELOPMENT AGREEMENT FOR PARCEL 37 AND AN AMENDMENT TO BOS RESOLUTION NO. 98-119 SETTING FORTH A REZONE OF PARCEL 37, IN THE NE¼ NW¼ OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 18 WEST, FROM A-R/10A (AGRICULTURAL-RESIDENTIAL/ TEN ACRE MINIMUM LOT SIZE) ZONE TO C-2 (GENERAL COMMERCIAL) ZONE, IN THE GOLDEN VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 7, 1998, a public hearing was conducted to determine whether to Accept the Development Agreement for Parcel 37, and an Amendment to BOS Resolution No. 98-119, setting forth a Rezone, should be granted for the above-described property as requested by Jeffrey A. Goldberg, Attorney-at-Law, of Kingman, Arizona, representing the owners, Tommie Recco and Priscilla Moker Robertson of Moline, Illinois, and WHEREAS, the language to be added has been bolded. Language to be deleted has been strdck, and WHEREAS, this property is located north of State Highway 68 between Aztec Road and Adobe Road. The site is accessed from State Highway 68 via north on Aztec Road to the site, located on the southwest comer of Aztec Road and Chino Drive. The property is vacant and the ten'ain is relatively flat, sloping slightly to the southwest. The surrounding land uses consist of vacant land and a few scattered single-family residences. There are no significant drainage patterns, and WHEREAS, the applicants request this Amendment to BOS Resolution No. 98-119, approving a Rezone, to incorporate the completion date of July 1, 1999, for off-site improvements and the completion date of March 21, 2001, for the completion of the on-site improvements to Phase 1, as set forth in the Development Agreement, and WHEREAS, the Mohave County General Plan designates tlfis area as an Urban Development Area and the Sacramento Valley Area Plan designates this area as Commercial, and WHEREAS, a review of FEMA FIRM Panel #040058-2325B indicates the parcel described to be in Zone A, in the Special Flood Hazard Area, and WHEREAS, the following described Findings of Fact are for the above-captioned item: RE$OLIJ~ION NO. ~-4~? Page 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 and the Sacramento Valley Area Plan. c. The site is adequate for the action intended and the use is consistent with the surrounding terrain. d. The site has legal access. e. There are no significant environmental features affecting the site, except the noted Special Flood Hazard Area. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 12, 1998, the Commission recommended APPROVAL for the ACCEPTANCE OF THE DEVELOPMENT AGREEMENT for Parcel 37 and the APPROVAL of the proposed Amendment to BOS Resolution No. 98-119 setting forth a Rezone subject to the following: 1. This property will be rezoned C-2 (General Commercial). 2. That the existing 50-foot roadway easements known as Aztec Road and Chino Drive, and the 30-foot roadway easements known as Arivaca Road and Supai Drive shall be dedicated to the public and accepted by the Mohave County Board of Supervisors as road rights-of- way. In addition, 20-foot radius curves are required at all dedicated roadway intersection points. 3. The eight feet adjoining to all rights-of-way shall be granted to the public as a Public Utility Easement (PUE). 4. All dedications and grantings may be accomplished via separate instruments. 5. That the applicant shall design and construct Aztec Road from State Highway 68 to Chino Drive and Chino Drive to the northwest corner of the property in accordance with Mohave County Standard Specifications for a paved roadway with 2" of Asphaltic Concrete over 6" of Aggregate Base Course. Each compacted to 95% maximum density as tested in accordance with AASHTO T-99 and T-191 or ASTM D-2922 and D-3017, 95% of the maximum by the 75 Blow Method of ASTM D- 1559. Should the developer propose phasing the above improvements, the developer will submit a phasing program for this development. The developer will enter into an agreement with Mohave County as to the implementation of those improvements. The phasing plan and any development agreement shall be approved by the Board of Supervisors upon recommendation from the Planning and Zoning Commission. 6. The parking lot shall be paved per the Mohave County Standard Specification for Chip and Seal. RESOLUTION NO. 98-437 Page 3 7. 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 and before establishing the use. 8. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. 9. 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 I 1-829E. 10. If the conditions and the timetable as set forth in the Development Agreement are not met within one year by the deadline of the Development Agreement, this approval will be void. If at t~,c cxplration o£thi3 pc~od the deadline of the Development Agreement, 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 Annotated, Title 11, Chapter 6, 11-832. However, nothing to the contrary withstanding, insofar as the Developer completes the initial off-site improvements on or before July 1, 1999, the deadline for completion of the on-site improvements to Phase 1 is extended to March 21, 2001, as outlined in the Development Agreement. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general cimulation in Kingman, Mohave County, Arizona, November 18, 1998, and posted on November 20, 1998, as required by Arizona Revised Statutes and the Mohave Comity Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, December 7, 1998, ACCEPTED the DEVELOPMENT AGREEMENT for Parcel 37 and APPROVED the proposed Amendment to BOS Resolution No. 98-119, as recommended by the Mohave County Planning and Zoning Commission and outlined herein. ATTEST: MOH~ ~UPERVISORS Jame a