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HomeMy WebLinkAbout98-206 RESOLUTION NO. 98-206 A RESOLUTION SETTING FORTH A REZONE OF THE W~ SW¼ SE¼ SW¼ OF SECTION 31, EXCEPT THE SOUTH 50 FEET, IN TOWNSHIP 21 NORTH, RANGE 17 WEST, FROM A-R/10A (AGRICULTURAL-RESIDENTIAL/TEN ACRE MINIMUM LOT SIZE) ZONE TO C-2H (GENERAL COMMERCIAL HIGHWA¥ FRONTAGE) ZONE, IN THE GOLDEN VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 1, 1998, a public hearing was conducted to determine whether approval should be granted to Rezone the above- described property as requested by Tonya Martinez of Santa Cruz, New Mexico, and WHEREAS, this property is located on the north side of Shinarump Drive approximately one and one-quarter miles east of Bacobi Road. The site is accessed from State Highway 68 via south on Bacobi Road approximately four and one-half miles to Shinarump Drive, then east on Shinarump Drive approximately one and one-quarter miles to the site, located on the north side of Shinarump Drive. The property is vacant and the terrain is relatively flat, sloping slightly to the southwest. The surrounding land uses consist of vacant land and several single-family residences. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to C-2H (General Commercial Highway Frontage) to allow for storage units, RV and boat storage, and a possible convenience store. The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, C-2H (General Commercial Highway Frontage) is allowed along a county-defined arterial highway as noted in Mohave County Zoning Regulations, Section 21.1.A.2 (Regulations for General Commercial Highway Frontage or C-2H zone, Special Provisions). The eastem end of Shinarump Drive is paved from Aztec Road to its terminus at the McConnico Interchange on Interstate 40 and is considered a county arterial highway, and WHEREAS, a review of FEMA FIRM Panel #040058-2325B indicates the parcel described to be 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. RESOLUTION NO. 98-206 Page 2 d. The site has legal access. e. There are no significant environmental features affecting the site. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 13, 1998, the Commission reconunended DENIAL for a Rezone based upon the following: i. The opposition from the surrounding property owners. 2. This action constitutes spot zoning. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, May 16, 1998, and posted on May 15, 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, June 1, 1998, APPROVED this Rezone subject to the following conditions: 1. This property will be rezoned C-2H (General Commercial Highway Frontage). 2. 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. 3. The appropriate zoning, building, enviromnental, and floodplain permits will be obtained prior to construction. 4. 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. 5. If these conditions are not met within one year 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 (a~ter 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 ,xx~,x~??'~?~t~'ORevised~B~,~U/¢,; ~ Statutes Annotated, Title 11, Chapter 6,11-832. ~5~I~"<,-.~]~ c:>~ Jam~s R. Zabo~ky, Ch~ ~x