HomeMy WebLinkAbout99-193 INDEXED
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OFFICIAL RECORDS OF MOHAVE CUUNTY
JUAN MC CALL, MOHAVE COUNTY RECORDER
07/28/1999 01:35P PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
RESOLUTION NO. 99-193
A RESOLUTION SETTING FORTH A REZONE OF THE SOUTH 350 FEET OF THE SE¼ SE¼
OF SECTION 10, EXCLUDING THE SOUTH 50 FEET, IN TOWNSHIP 39 NORTH, RANGE 16
WEST, FROM A-R (AGRICULTURAL-RESIDENTIAL) ZONE TO C-2H (GENERAL
COMMERCIAL HIGHWAY FRONTAGE) ZONE, IN THE ARIZONA STRIP AREA, MOHAVE
COUNTY, ARIZONA.
WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on July 26,
1999, a public hearing was conducted to determine whether approval should be granted to Rezone the above-
described property as requested by Ralph Waters of Mesquite, Nevada, and
WHEREAS, this property is located north of Elbow Canyon Road between Littlefield Drive and
Cottontail Road. The site is accessed from Mesquite, Nevada via east on Elbow Canyon Road to Zion Park
Way, then north on Zion Park Way to where it becomes Cottontail Road, to the property located on the
southwest comer of Las Vegas Way and Cottontail Road. The property is vacant with gently rolling hills,
generally sloping to the northwest toward the Virgin River. The surrounding land uses consist of vacant
land 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 commercial development. The
applicant proposes to rezone the south 350 feet of the 38.45-acre parcel, approximately 9.1 acres, excluding
the south 50 feet that has been dedicated to Mohave County for road right-of-way. The Mohave County
General Plan designates this area as Suburban Development Area. The Virgin River Communities Area
Plan designates this area as Suburban Development Area, with a land use designation of Commercial
(COM), and
WHEREAS, a review of FEMA FIRM Panel #040058-0200B indicates the parcel described to be
in Zone A, in the Special Flood Hazard Area, and
WHEREAS, this item was continued at the January 13, I999 Planning and Zoning Commission
meeting when it was decided that the rezone could not be accomplished without an amendment to the Virgin
River Communities Area Plan. The Virgin River Communities Area Plan did not have a land use
designation for this parcel. This item was scheduled for the Planning and Zoning Commission meeting on
April 14, 1999 but ;vas continued at the request of the applicant, 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.
t:'hGE 2 (IF 7,
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RESOLUTION NO. 99-193 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.
There are no significant environmental featmces affecting the site, except for the noted
Special Flood Hazard Area.
WHEREAS, at the public hearing betbre the Mohave County Planning and Zoning Commission on
May 12, 1999, the Commission recommended APPROVAL for a Rezone subject to the following:
1. The south 350 feet of the SE¼ SE¼ of Section 10, excluding the south 50 feet, in Township
39 North, Range 16 West, will be rezoned to C-2H (General Commercial Highway
Frontage).
2. 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 Connty
Engineer prior to site plan approval.
3. That a 42-foot road right-of-;vay along the east boundary of this property shall be dedicated
to Mohave County, on behalf of the public, as unencumbered, first position, roadway right-
of-way. In addition, 20-thor radius cmwes are required at all dedicated road;vay intersection
points. A title report, to confirm unencumbered first position of the roadway right-of-
way/easement, shall be provided by the applicant to the Mohave County Public Works
Department.
4. The appropriate zoning, building, environmental, and floodplain permits will be obtained
prior to construction.
5. The rezone shall not become eftbctive until at least 30 days after final approval of the change
in classification by the Board of Supervisors, as per ARS 11-829E.
6. If these conditions are not inet 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 mail to the
owner and applicant who requested the rezoning) shall schedule a public heating 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.
PAGE 3 OF .3
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RESOLUTION NO. 99-193 Page 3
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave Comity, Arizona, July 7, 1999, and posted on Jtfly 9, 1999, as required by
Arizona Revised Statutes and the Mohave Count}' Zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting
on Monday, July 26, 1999, APPROVED this Rezone as recomanended by the Mohave County Plmming and
Zoning Commission and outlined herein.
MOH~SORS