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OFFICIAL RECORDS OF HOHAVE COUNTY~ AZ
10/07/1998 02:26P PAGE i OF
MOHAVE GOUNTY BOARD OF SUPERVISORS
RECORDING FEE
RESOLUTION NO. 98-338
A RESOLUTION SETTING FORTH A REZONE OF THE 200 FEET PARALLEL WITH THE
INTERSTATE-15 RIGHT-OF-WAY, LYING NORTHEASTERLY OF AUDINE STREET, BEING
A PORTION OF THE NWI/4 NE¼ AND NE¼ NW¼ OF SECTION 3, LYING NORTHERLY OF
INTERSTATE 15, IN TOWNSHIP 40 NORTH, RANGE 15 WEST, FROM A-R (AGRICULTURAL-
RESIDENTIAL) ZONE TO C-2H (GENERAL COMMERCIAL HIGHWAY FRONTAGE) ZONE,
1N THE ARIZONA STRIP AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on October
5, 1998, a public hearing was conducted to determine whether approval should be granted to Rezone the
above-described property as requested by Men'il Stubbs, representing L&M Equipment and Rental Company
of Hildale, Utah, and
WHEREAS, this property is located north of Interstate 15 and east of County Highway 91. The site
is accessed from Interstate 15 via the Farm Road Exit, then northeast on the Frontage Road to the site,
located approximately one mile northeast of the Virgin River. The property is vacant and the terrain is
relatively flat, sloping slightly to the northwest toward the Virgin River. The surrounding land uses consist
of vacant land, several highway businesses, and single-family residences. There are no significant drainage
patterns, and
WHEREAS, the applicant requests this zone change to allow for an equipment sales and rental yard.
The applicant proposes to rezone the 200 feet parallel with the Interstate 15 right-of-way, lying northeasterly
of Audine Street, approximately 5.67 acres. The Mohave County General Plan designates this area as a
Urban Development Area and the Virgin River Communities Area Plan designates this area as Commercial
(C-2 [General Commercial] and C-2H [General Commercial Highway Frontage]) zoning, and
WHEREAS, a review of FEMA FIRM Panel #040058-0025B 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 and the
Virgin River Communities Area 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.
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RESOLUTION NO. 98-338 Page 2
e. The site has legal access.
fi There are no significant environmental features affecting the site.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
September 9, 1998, the Commission recommended APPROVAL for a Rezone subject to the following:
1. The property as shown on Exhibit "A" will be rezoned to C-2H (General Commercial
Highway Frontage).
2. IfAudine Street is used as commercial access to this property, the 60-foot road right-of-way
shall be dedicated to the public and accepted by the Mohave County Board of Supervisors.
This dedication may be accomplished via a separate instrument.
3. The applicant will have to apply for an access permit from the Arizona Department of
Transportation (ADOT) for driveway access onto the Frontage Road, through the ADOT
permitting process.
4. 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. 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.
5. The appropriate zoning, building, environmental, and floodplain permits will be obtained
prior to construction.
6. 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.
7. If these conditions axe 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 (after notification by registered mall 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.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
cimulation in Kingman, Mohave County, Arizona, September 19, 1998, and posted on September 18, 1998,
as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
RESOLUTION NO. 98-338 Page 3
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, October 5, 1998, APPROVED this Rezone as recommended by the Mohave County Planning
and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS