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HomeMy WebLinkAbout98-252 INDEXED ¢~0,4-1,¢-,-75 BK 3122 PG 825 OFFICIAL RECORDS OF I~OHAVE COUNTY'~ RZ ,JOAN KC CALL~ MOHAVE COUNTY RECORDER rlOHAVE COUNTY ~OARD OF SUPERVISORS ~ RECORDIHG FEE 0.00 RESOLUTION NO. 98-252 A RESOLUTION SETTING FORTH A REZONE OF PARCEL 28, WINDMILL RANCH, PHASE ONE, UNIT 1, IN SECTION 16, TOWNSHIP 19 NORTH, RANGE 13 WEST, FROM A-R/36A (AGRICULTURAL-RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO C-2/ 5A (GENERAL COMMERCIAL/FIVE ACRE MINIMUM LOT SIZE) AND A-R/25A (AGRICULTURAL-RESIDENTIAL/TWENTY-FIVE ACRE MINIMUM LOT SIZE) ZONE, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting o£ the Mohave County Board of Supervisors held on July 13, 1998, a public hearing was coaducted to determine whether approval should be granted to Rezone the above- described property as requested by Arizona Land and Ranches, Inc., of Prescott, Arizona, being represented by Mohave Engineering Associates, Inc., of Kingman, Arizona, and WHEREAS, this property is located south of Interstate 40 and west of US Highway 93. The site is accessed from Interstate 40 via south on US Highway 93 approximately 9.6 miles to the site, on the west side of the highway at approximately milepost 100.9. The property is vacant and the terrain is gently rolling hills, generally sloping to the southeast. The surrounding land uses consist of vacant rangeland. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow for the construction of a sales office. The applicant proposes to divide the approximately 40.87-acre parcel into one approximately 7.35-acre parcel, which is the east 300 feet of Parcel 28 along US Highway 93, to be zoned C-2/5A (General Commercial/Five Acre Minimum Lot Size). The remaining approximately 33.52-acre parcel is proposed to be zoned A-R/25A (Agricultural-Residential/Twenty-Five Acre Minimum Lot Size). The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, a review of FEMA FIRM Panel #040058-2550B indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, NOTE: There are not any roadway dedications requested by the Mohave County Public Works Departmen~ due to the fact that the access within this subdivision has been designated by the applicant as private roadways. Mohave County is not responsible for liability issues related to the access roads and is not committed to any maintenance responsibilities for these roads, 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. F'AGE 2 OF ~ BK 3122 PG 826 RESOLUTION NO. 98-252 Page 2 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. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on June 10, 1998, the Commission recommended APPROVAL for a Rezone subject to the following: 1. The approximately 7.35-acre parcel, which is the east 300 feet of Parcel 28 along US Highway 93, will be rezoned to C-2/5A (General Commercial/Five Acre Minimum Lot Size). The remaining approximately 33.52-acre parcel will be rezoned to A-R/25A (Agricultural-Residential/Twenty-Five Acre Minimum Lot Size) as shown on Exhibit "A." 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 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. 4. All rights-of-way dedicated and 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. 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 3.16 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. PA6E ,3 JIF ~ BK ~122 P6 827 FEE~?80~l~75 RESOLUTION NO. 98-252 Page 3 WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, June 27, 1998, and posted on June 26, 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, July 13, 1998, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY OARD OF SUPERVISORS SITE PLAN ]~MAP TO ACCOMPANY AN APPLICATION FOR REZONE OF PARCEL 28, ¢~'WINDMILL RANCH, SITUATE IN SECTION 16, T 19 N, R 13W OF THE GILA AND SALT RIVER MERIDIAN, MOHAVE COUNTY, ARIZONA EXHIBIT "A" PAGE 4 OF .4 BK 3122 PG 828 FEE.~98041475 PARCEL 27 I INGRESS. EG~SS ~ , UTILITY LAmeNTS PARCEL 28 A 25 ACRES MINIMUM 5 AC ~Q~STED ZONING - AR MIN PARCEL 37 REQUESTING THE REZONE OF THE EAST 300 FEET OF PARCEL 28. WINDMILL RANCH-PHASE ONE, UNIT 1 AS RECORDED ON A RECORD OF SURVEY ON APRIL ~'2. 1998 AT FEE No. 98-23045. EXHIBIT "A" PREPARED FOR: ARIZONA LAND AND RANCHES. INC. PREPARED BY: MOHAVE ENGINEERING ASSOC. INC, 405 E BEALE STREET, KINGMAN, AZ 86401 520-7'53-262?