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HomeMy WebLinkAbout98-307 RESOLUTION NO. 98-307 A RESOLUTION SETTING FORTH A REZONE OF THE WEST 360.75 FEET OF THE SOUTH 700.5 FEET OF THE SE¼ SW¼ OF SECTION 17, TOWNSHIP 15 NORTH, RANGE 19 WEST, FROM A-R/36A (AGRICULTURAL-RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/5A (AGRICULTURAL-RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONE, IN THE LAKE HAVASU CITY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave Coanty Board of Supervisors held on September 8, 1998, a public hearing was conducted to determine whether approval should be granted to Rezone the above-described property as requested by Tony J. and Karen L. Morano of Lalce Havasu CiW, Arizona, and WHEREAS, this property is located south of Interstate 40 and approximately two and one-half (2½) miles east of State Highway 95. The site is accessed from State Highway 95 via east on Lake Havasu Heights Boulevard to Sky-View Drive, then south on Skry-View Drive to Wagon Wheel Drive, then east on Wagon Wheel Drive to Sky-View Drive, then southeasterly on Sky-View Drive to Coronado Road, then southeasterly from the alignment of Sky-View Drive on an unnamed I&E to the southwest comer of Section 17, then easterly along the section line approximately one-quarter (¼) mile to the southwest comer of the property. The property is vacant, and the terrain is gently rolling hills sloping slightly toward the northwest. 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 construction of a single-family residence on approximately five acres of the approximately 80-acre parcel. The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, a review of FEMA FIRM Panel #040058-3000B 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 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. e. The site has legal access. fi There are no significant environmental features affecting the site. RESOLUTION NO. 98-307 Page 2 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 12, 1998, the Commission recommended APPROVAL for a Rezone subject to the following: 1. The west 360.75 feet of the south 700.5 feet of the parcel will be rezoned A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size). The remainder of the parcel will remain zoned A-R/36A (Agricultural-Residential/Thirty-six 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. That a 30-foot Ingress and Egress (I&E) easement along the south boundary of the property shall be granted to the public and accepted by the Mohave County Board of Supervisors. 4. The eight feet adjoining all rights-of-way shall be granted to the public as a Public Utility Easement (PUE). 5. 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. 6. Each parcel shall meet or exceed its respective acreage exclusive of roadways. 7. Each parcel shall have legal access. 8. The applicable flood zone(s) shall be noted on the Parcel Plat. 9. 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. 10. 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. 11. 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 declaxed void, the Board of Supervisors (after notification by registered mail to the owner and applicant who requested the rezoning) shall schedule a public heating to gxant 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. 98-307 Page 3 WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, August 22, 1998, and posted August 21, 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 Tuesday, September 8, 1998, APPROVED this Rezone as recormnended by the Mohave County Planning and Zoning Commission and outlined herein.