HomeMy WebLinkAbout99-098~,~~ INDEXED
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RESOLUTION NO. 99-98
A RESOLUTION SETTING FORTH A REZONE OF THE S½ NE¼ NE¼ OF SECTION 21 AND
A PORTION OF THE NW¼ NE¼ SE¼ NE¼ OF SECTION 21, LYING EASTERLY OF STATE
HIGHWAY 95, IN TOWNSHIP 14 NORTH, RANGE 20 WEST, FROM C-M/IOA (COMMERCIAL-
MANUFACTURING/TEN ACRE MINIMUM LOT SIZE) AND R-E (RESIDENTIAL-
RECREATION) ZONES TO C-M AND C-M/2A (COMMERCIAL-MANUFACTURING AND
COMMERCIAL-MANUFACTURING/TWO ACRE MINIMUM LOT SIZE) ZONES, IN THE
LAKE HAVASU CITY AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 5,
1999, a public hearing was conducted to determine whether approval should be granted to Rezone the above-
described property as requested by Excel Land Development, Inc., of Yucca Valley, California, and
WHEREAS, this property is located east of State Highway 95 and south of Chenoweth Drive. The
site is accessed directly from State Highway 95 to the east and is located approximately two-tenths (0.2)
utile south of Chenoweth Drive. The property is vacant and the terrain is relatively flat, sloping slightly to
the southwest. The surrounding land uses consist of several general manufacturing enterprises to the north,
State of Arizona land ;vith a gravel pit operation to the east, vacant land to the south, and general highway
commercial and residential property to the west. There are no significant drainage patterns noted, and
WHEREAS, the applicant requests this zone change to allow for development. The applicant
proposes to divide the 10.5-acre parcel into three 2-plus-acre parcels and two 1-plus-acre parcels. The
Mohave County General Plan designates this area as an Urban Development Area, and
WHEREAS, a review of FEMA FIRM Panel #040058-311 OB indicates the parcel described to be
in Zone AO, in the Special Flood Hazard Area, and
WHEREAS, this item was first heard at the Planning and Zoning Commission meeting on May 13,
1998, when the applicant requested M (General Manufacturing). After much discussion and after receiving
several letters of protest, including a letter from the Lake Havasu City, with concerns about having General
Manufacturing along the highway at the entrance to Lake Havasu City, the applicant decided to request a
continuation and to reapply with a different 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 the effect complies with the Mohave County General Plan.
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RESOLUTION NO. 99-98 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 neighboring area contains other like land uses similar to the above-proposed action.
e. The site has legal access.
f. There are no significant environmental features affecting the site, except the noted Special
Flood Hazard Area.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Corm2ission on
March 10, 1999, the Commission recommended APPROVAL for a Rezone subject to the following:
1. These parcels will be rezoned C-M (Commercial-Manufacturing) and C-M/2A (Commercial-
Manufacturing/Two Acre Minimum Lot Size) as shown on Exhibit "A". There will not be
any outside storage allowed.
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 will provide view-obscuring landscaping along State Highway 95 and along
the sides that can be viewed from State Highway 95.
4. The appropriate access permits will be obtained from the Arizona Department of
Transportation (ADOT) prior to any development.
5. The applicant shall comply with all applicable provisions of the Mohave County Zoning
Regulations. At the time of development, a Section 27.P (Site Plan Requirements) must be
completed and approved prior to approval of permits and before establishing the use. The
applicant shall provide right-of-way, road, and drainage improvements as required by the
Mohave County Engineer prior to the site plan approval. In addition, the intersection of the
cul-de-sac and State Highway 95 will be designed at a minimum width of 100 feet with the
appropriate radius curves and acceleration/deceleration lanes to facilitate truck turning
movements.
6. Each parcel shall have legal access. If a cul-de-sac is required to provide access, the
minimum width to be dedicated to the public will be 50 feet, complete with 20-foot radius
curves between the straight portion and the terminus bulb of the cul-de-sac.
7. The Mohave County Public Works Department recommends that the proposed cul-de-sac
be dedicated to Mohave County in trust for the public as unencumbered first position road
right-of-way, at a width of 50 feet complete with 20-foot radius curves between the straight
portion and the terminus bulb of the cul-de-sac. An eight-foot Public Utilities Easement
(PUE) will need to be granted adjacent to the right-of-way. A title report to confirm
unencumbered first position of these dedications will need to be submitted to the Mohave
County Public Works Department by the applicant for this property.
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RESOLUTION NO. 99-98 Page 3
8. 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.
9. The eight feet adjoining to all rights-of-way shall be granted to the public as a Public
Utilities Easement (PUE) and drainage easement.
10. Each parcel shall meet or exceed its respective acreage exclusive of roadways.
11. The applicable flood zone(s) shall be noted on the Parcel Plat.
12 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.
Note: Citizens Utilities Rural Electric Company, Inc., advises that a fiber optic cable is
located on State Highway fronting the full length of this parcel. Please Call (1-800-
STAKEIT) before any construction begins.
13. The rezone shall not become eiTective until at least 30 days after final Board of Supervisors
approval for the change in classification, as per ARS 11-829E.
14. 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.
Ali 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.
WHEREAS, the Planning and Zoning Director is instructed to contact the Arizona Department of
Transportation (ADOT) with Mohave County's concern about the design of the intersection of the cul-de-sac
and State Highway 95, and
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, March 17, 1999, and posted on March 19, 1999, as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
RESOLUTION NO. 99-98 Page 4
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, April 5, 1999, APPROVED this Rezone as recommended by the Mohave County Planning and
Zoning Commission and outlined herein.
MOHAVE COUNT~RVISORS