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HomeMy WebLinkAbout99-124 99020659 BK 3280 PG 101 OFFI(:IAL RECORDS OF MOHAVE (:OUNTY~ AZ MOHAVE (:OUNTY RECORDER _JOAN MC CALL~.5 ;~4/17/1999 11-..?A PArlE 1 OF 3 MOHAVE COUNTY BBARD OF SUPERt~ISORS RECORDINr FEE 0.00 RESOLUTION NO. 99-124 A RESOLUTION SETTING FORTH A REZONE OF THE NORTHERLY 125 FEET OF PARCEL 9, AS MEASURED PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 40, CEDAR HILLS RANCHES, UNIT 7, IN SECTION 36, TOWNSHIP 21 NORTH, RANGE 14 WEST, FROM A-R/10A (AGRICULTURAL-RESIDENTIAL/TEN ACRE MINIMUM LOT SIZE) ZONE TO C-2H (GENERAL COMMERCIAL HIGHWAY FRONTAGE) ZONE, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 5, 1999, a public heating was conducted to determine whether approval should be granted to Rezone the above- described property as requested by Annette M. Holmquist, R.W. Holmquist and Associates, Kingman, Arizona, representing the property owners David E. and Kimberley A. Scott of Bullhead City, Arizona, and WHEREAS, this property is located on the south side of Interstate 40, approximately one mile west of the Interstate 40FLIS High~vay 93 intersection at mile marker 71. The site is accessed from Interstate 40 via south on US Highway 93 to Hidden Valley Road, then west on Hidden Valley Road approximately one and one-quarter (1 t/q) miles to Wencel Lane, then north on Wencel Lane approximately one-quarter (~/n) mile to the southern end of the property. The property does not have direct access from Interstate 40. The property is vacant and the terrain is rolling hills, generally sloping to the southeast. The surrounding land uses consist of vacant land and sex~eral widely scattered single-family residences to the south. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow for an off-premise sign. The applicant proposes to rezone the northerly 125 feet of Parcel 9, as measured parallel with the southerly right-of-way line of Interstate 40, CEDAR HILLS RANCHES, Unit 7, to C-2H (General Commercial Highway Frontage) zone. This parcel is approximately 3.64 acres in area. The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, a review of FEMA FIRM Panel #040058-2375B indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, the Arizona Department of Transportation (ADOT) objects to strip rezoning for the sole purpose of creating outdoor advertising localions. Zoning is not the only requirement for sign locations as there must also be a viable business within 1,000 feet of the sign on the same side of the highway, and WHEREAS, the following described Findings of Fact are for the above-captioned item: PAGE 2 OF 3 BK 3280 PG t02 FEE~?9020657 RESOLUTION NO. 99-124 Page 2 a. All notices have been advertised and posted according to regulations. b. The proposed action and the effect DOES NOT comply with the Mohave County General Plan. Interstate 40 is designated a Scenic Route, as shown on Exhibit V.7, Scenic Routes and Vistas, page 54, Mohave County General Plan. c. The site is adequate for the action intended, but the use IS NOT consistent with the surrounding land uses and terrain. d. The neighboring area DOES NOT contain other like land uses similar to the above-proposed action. The nearest off-premise sign and commercial business is 3.9 miles to the west at Blake Ranch Road. e. The site has legal access. f. There are no significant environmental features affecting the site. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on March 10, 1999, the Commission recommended DENIAL for a Rezone based upon the following: 1. It is the policy of the Board of Supervisors and the Pla~ming and Zoning Commission of Mohave County to permit off-premise signs to be located in viable commercial areas and to discourage the rezoning of lots and parcels for the sole purpose of installing off-premise signs. Mohave County Zoning Regulations, Sign Ordinance, Amended, Section 31 .H.4 (Off- Premise Signs). 2. There is not a viable business within 1,000 feet of this location. In addition, there is not any direct access or a frontage road along Interstate 40 at this location. 3. The Arizona Department of Transportation (ADOT) objects to strip rezoning for the sole purpose of creating outdoor advertising locations. Zoning is not the only requirements for sign locations as there must also be a viable business within 1,000 feet of the site on the same side of the highway. 4. interstate 40 is designated a Scenic Route, as shown on Exhibit V.7, Scenic Routes and Vistas, page 54, Mohave County General Plan and in "Sign Free" areas as designated by Mohave County Zoning Regulations, Sign Ordinance, Amended, Sections 31.H.4.b and 31 .H.4.d.(2). 5. Scenic Resources Goals and Policies. Goal 9: To preserve, protect and enhance scenic routes and vistas that characterize the rural beauty of Mohave County. Policy 9.2: The County should preserve and enhance designated scenic routes that provide attractive natural and man-made vistas through the design and placement of roadways, private development and signage 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. F'AGE 3 OF 3 BK 3280 F'G 103 FEE~:990206!5~ RESOLUTION NO. 99-124 Page 3 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, April 5, 1999, DENIED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS James R~