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HomeMy WebLinkAbout99-208 RESOLUTION NO. 99-208 A RESOLUTION SETTING FORTH A REZONE OF LOT 6, GATEWAY ACRES, TRACT 10, IN THE NW¼ OF SECTION 21, TOWNSHIP 25 NORTH, RANGE 19 WEST, FROM A-R/5A (AGRICULTURAL-RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONE TO A-R (AGRICULTURAL-RESIDENTIAL/ONE ACRE MINIMUM PARCEL SIZE) ZONE, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 7, 1999, a public hearing was conducted to determine whether approval should be granted to Rezone the above- described property as requested by Jerron Partnership, a general partnership, of Las Vegas, Nevada, and WHEREAS, this property is located east of US Highway 93 and south of Pierce Ferry Road. The site is accessed from Pierce Ferry Road via east on Fifth Street approximately one mile to the property, located on the southeast corner of the intersection of Fifth Street and Chloride Street. The property is vacant, and the terrain is relatively flat, sloping slightly toward the southwest. The surrounding land uses consist of vacant parcels and a few scattered single-family 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 5-gross-acre parcel into four 1.25-gross-acre parcels. The Mohave County General Plan designates this area as a Rural Development Area and Dolan Springs as an Outlying Community, and WHEREAS, a review of FEMA FIRM Panel #040058-1775B indicates the parcel described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, the Mohave County Public Works Department objects to the proposed rezone based upon insufficient access infrastructure to support the proposed increase in density, 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 environmental features affecting the site. RESOLUTION NO. 99-208 Page 2 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 12, 1999, the Commission reconnnended APPROVAL for a Rezone subject to the following: 1. These parcels will be rezoned A-R (Agricultural-Residential/One Acre Minimum Lot Size). No more than four parcels shall be created. 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. That the existing 15-foot roadway easement plus 27 feet, known as Fifth Street, and the existing 15-foot roadway easement plus 15 feet, known as Chloride Street, shall be dedicated to the public and accepted by the Mohave County Board of Supervisors as road right-of-way. The rights-of-way shall be unencumbered, first position. As recommended by the County Engineer, a title report demonstrating unencumbered first position for the rights-of-way shall be submitted. 4. The eight feet adjoining all rights-of-way shall be granted to the public as a Public Utilities Easement (PUE) and drainage easement. 5. 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. 6. Each parcel shall meet or exceed its respective acreage exclusive of roadways. 7. Each parcel shall have legal access. 8. The applicable flood zone(s) shall be noted on the Parcel Plat. 9. 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. 10. 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. 11. 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 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. RESOLUTION NO. 99-208 Page 3 WHEREAS, the notice of heating was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, May 19, 1999, and posted May 21, 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 regular meeting on Monday, June 7, 1999, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. o- i viso s James [~ ff,~'