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HomeMy WebLinkAbout99-053 INDEXED ~CROFIUVlI~ OFF!(:IAL REC()Ri)S OF H(~AVE 0~i27/17¢9 11:m)gA PAGE I N[JHAVE (:DONTY BOARD OF' ;~ RE(:ORO~N'5 FEE ,-,.Fir, RESOLUTION NO. 99-53 A RESOLUTION SETTING FORTH A REZONE OF PARCEL 14, SHADOW CANYON RANCHES, AS SHOWN ON BOOK 5, PAGE 100 OF PARCEL PLATS, IN THE SE¼ SW¼ OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 17 WEST, FROM A-R/36A (AGRICULTURAL- RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE TO A-R/18A (AGRICULTURAL-RESIDENTIAL/EIGHTEEN ACRE MINIMUM LOT SIZE) ZONE, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on March 22, 1999, a public hearing was conducted to determine whether approval should be granted to Rezone the above- described property as requested by Raymond Schaffer of Kingman, Arizona, and WHEREAS, this property is located north of the City of Kingman, west of Stockton Hill Road. The site is accessed from Stockton Hill Road via xvest on Calle Muertos to Cherum Road, then north on Cherum Road to Shadow Canyon Road, then northwesterly on Shadow Canyon Road approximately one and one- half miles to the center of Section 11, then south on an unnamed midsection I&E approximately one-quarter mile to the northeast comer of the site. The property has a single-family residence on it. The terrain is rolling hills, except for the extreme southern portion of the property, which has mountain grades with large boulders. The surrounding land uses consist of vacant parcels and a few widely scattered single-fancily residences. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow for development. The applicant proposes to divide the 40.38-acre parcel into two approximately 18-net-acre parcels. The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, a review of FEMA FIRM Panel #040058-2000B indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area. Additional comment from Mohave County Floodplain: A wash crosses the parcel--do not obstruct, and WHEREAS, this item was recommended for approval by a unanimous vote of the Planning and Zoning Commission during their regular meeting on October 14, 1998, and subsequently approved by unanimous vote of the Board of Supervisors during their November 2, 1998 regular meeting. Staff' later discovered an internal inconsistency within the Long Mountain Area Plan, which rendered this rezone in violation of the one-dwelling-per-thirty-six-acre density allowed by the official area plan map. The item was reconsidered and referred back to the Planning and Zoning Commission during the December 7, 1998, regular meeting of the Board of Supervisors. The original request and staff recommendation are presented RESOLUTION NO. 99-53 Page 2 herein simultaneously with a proposed amendment to the Long Mountain Area Plan. This will allow rezoning of this and other parcels within Sections 11 and 12 to one dwelling per ten acres, the density described in the text of BOS Resolution No. 92-198, which originally approved the Long Mountain Area Plan, 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. f. There are no significant enviroun~ental features affecting the site. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Conunission on January 13, 1999, the Commission recommended APPROVAL for a Rezone subject to the following: 1. These parcels will be rezoned A-R/18A (Agricultural-Residential/Eighteen 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. Each parcel shall meet or exceed its respective acreage exclusive of roadways. 4. Each parcel shall have legal access. 5. The applicable flood zone(s) shall be noted on the Parcel Plat. 6. 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. 7. 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. 8. 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 RESOLUTION NO. 99-53 Page 3 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 circulation in Kingman, Mohave County, Arizona, March 3, 1999, and posted March 5, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. ]NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, March 22, 1999, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outliued herein. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST: . ~. James~