HomeMy WebLinkAbout99-439 ~NDEEXED
~,~, .--. OFFICIAL RECORDS OF MOHAVE
,lOAN MC (:ALL~ MOHAVE CODNTY RE(:ORDER
il/:2/i999 03:58P PAGE i OF
HOHAVE COUNTY ¢OARO OF SUF'ERV~SSORS
RECORDING FEE 0.00
RESOLUTION NO. 99-439
A RESOLUTION SETTING FORTH A REZONE OF THE SW¼ OF SECTION 8, IN TOWNSHIP
19 NORTH, RANGE 19 WEST, FROM A-R/36A (AGRICULTURAL-RESIDENTIAL/THIRTY-SIX
ACRE MINIMUM LOT SIZE) ZONE TO C-RE/36A (COMMERCIAL-RECREATION/THIRTY-
SIX ACRE MINIMUM LOT SIZE) ZONE, IN THE OATMAN PORTION OF THE MOHAVE
COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on November
1, 1999, a public hearing was conducted to determine whether approval should be granted to Rezone the
above-described property as requested by John W. and Judith B. Butcher of Laughlin, Nevada, and
WHEREAS, this property is located north of Oatman Road (Old US Highway 66) approximately
4 miles east of the Oatman Townsite. The site is accessed from Oatman Road (Old US Highway 66) via
northeast on an old mining road, located approximately eight-tenths (0.8) of a mile west of mile marker 32,
then approximately three-quarters (3/4) of a mile to the western boundary of the property. The property is
vacant and the terrain is mountainous, rising to the north and south with a valley running west to east,
generally sloping to the southeast. The surrounding land uses consist of vacant land. There are no
significant drainage pattems, and
WHEREAS, the applicant requests this zone change to allow resort activities, camps and other uses
allowed in C-RE (Commercial-Recreation) zoning. The Mohave County General Plan designates this area
as a Rural Development Area, and
WHEREAS, a review of FEMA FIRM Panel #040058-2476C indicates the parcel described to be
in Zone A, in the Special Flood Hazard Area. Additional Floodplain comment: Do not obstruct the washes
crossing the property, 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.
c. The site is adequate for the action intended and the use is consistent with the surrounding
land uses and terrain.
d. The site has legal access.
e. There are no significant environmental features affecting the site, except the noted Special
Flood Hazard Area.
RESOLUTION NO. 99-439 Page 2
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
October 13, 1999, the Commission recommended APPROVAL for a Rezone subject to the following:
1. This property will be rezoned C-RE/36A (Commercial-RecreatiorffI'hirty-six Acre Minimum
Lot Size).
2. The applicant shall demonstrate permanent legal access to this site from Oatman Road (Old
US Route 66) to this site. The access appears to be an existing 30-year grant assignment
from the Bureau of Land Management (BLM) and the remainder of the access appears to be
physical road across private property. This is not sufficient to demonstrate the requirement. '
An access easement of 30 feet shall be granted to allow for two traffic lanes. In addition, it
is necessary for the applicant to ensure the current status of the BLM grant assignment.
3. The applicant shall comply with all applicable provisions of the Mohave County Zoning
Regulations. A site plan prepared in accordance with Section 27.P (Site Plan Requirements)
must be completed and approved prior to approval of permits and before establishing the use.
4. The appropriate zoning, building, environmental, and floodplain pemfits will be obtained
prior to construction.
5. The rezone shall not become effective 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 met 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 m~d applicant who requested the rezoning) shall schedule a public hearing to grant an
extension, detemfine 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 Aunotated, 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, October 13, 1999, and posted on October 15, 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
.1999, APPROVED this Rezone as recommended by31~ Mohave County Planning
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~!:~': i' :'"'" ~ CiSTY~ARD OF SUPERVISORS
Buster D. Johnson, Q~rman