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HomeMy WebLinkAbout99-463 INDEXED '~'9c{"71667 BI 3420 P~ 465 OI::FtCIAL RECORDS OF MOHAVE JOAN MC CALL, MOHAVE COUNTY RE'3OR, OER 12/07/1~9 04:2~P PAGE i OF MOHAVE COUNTY BOARD OF RECORDING FEE RESOLUTION NO. 99-463 A RESOLUTION SETTING FORTH A REZONE OF THE S'A OF PARCEL 330, IN SECTION 28, TOWNSHIP 21 NORTH, RANGE 18 WEST, FROM A-R/10A (AGRICULTURAL-RESIDENTIAL/ TEN ACRE MINIMUM LOT SIZE) ZONE TO A-R/5A (AGRICULTURAL-RESIDENTIAL/FIVE ACRE MINIMUM LOT SIZE) ZONE, IN THE GOLDEN VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 6, 1999, a public hearing was conducted to determine whether approval should be granted to Rezone the above-described property as requested by Kathy Meinhardt, C.S.N.A. Surveying, Kingman, Arizona representing the owners, Robert and Gloria C. Rodela, Bloomington, California, and WHEREAS, this property is located south of State Highway 68 and east of Verde Road. The site is accessed from State Highway 68 via south on Verde Road to Dubin Drive, then east on Dubin Drive to Magma Road, then south on Magma Road approximately one-eighth (Ys) mile to the northwest comer of the property. The property is vacant and the terrain is relatively flat, sloping to the southwest. The surrounding land uses consist of vacant lots. There are no significant drainage patterns, and WHEREAS, the applicant requests this zone change to allow for development. The applicant proposes to divide the 20.00-acre parcel into five 3-acre parcels. The Mohave County General Plan designates this area as Rural Development Area and the Golden Valley Area Plan designates this area as Agricultural-Residential, and WHEREAS, a review by staff revealed that the proposed action was not in compliance with the Mohave County General Plan, which requires 5-acm lots or larger. Staff' contacted the applicant and explained the proposal was not in compliance with the Mohave County General Plan and that the applicant could only create three 5-acre parcels. The applicant was in agreement with allo~ving the current application to proceed with the recommendation of creating three 5-acre parcels rather than the proposed five 3~acre parcels, and WHEREAS, a review of FEMA FIRM Panel #040058-2325B indicates the parcel described to be in Zone A, in the Special Flood Hazard Area, 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. PAGE 2 0{" ~ BK 3:420 F'E 45& RESOLUTION NO. 99-463 Page 2 b. The proposed creation of 3-acre parcels does not comply with the Mohave County General Plan or the Golden Valley Ama Plan; however, the creation of 5-acre parcels does comply with the Mohave County General Plan and the Golden Valley Area Plan. c. The site is adequate for 5-acre parcels and would be consistent with the surrounding land uses and terrain. d. The neighboring area contains other like land uses similar to the above-proposed action; however, those rezones were approved prior to the implementation of the Mohave County General Plan. 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 Commission on November 10, 1999, the Commission recommended APPROVAL for a Rezone subject to the following: 1. These parcels will be rezoned A-R/5A (Agricultural-Residential/Five Acre Minimun~ Lot Size) and a maximum of tb2ee parcels may be created. The Mohave County General Plan designates this area as a Rural Development Area which requires all parcels to be 5 acres or larger, thus only three parcels may be created with this rezone action. 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 northern 35-foot portion of the existing 50-foot roadway easement known as Chuar Drive, and the western 35-foot portion of the existing 50-foot roadway easement known as Maverick Road, and the eastern 30-foot portion of the existing 50-foot roadway easement known as Magma Road shall be dedicated to Mohave County on behalf of the public and accepted by the Mohave County Board of Supervisors as road rights-of-way. In addition, 20-foot radius curves are required at all dedicated roadway intersection points. 4. The remaining 15 feet of the 50-foot roadway easement known as Chuar Drive, the remaining 15 feet of the 50-foot roadway easement known as Maverick Road, and the remaining 20 feet of the 50-foot roadway easement known as Magma Road shall be granted to the public as Public Utilities Easements (PUE) and drainage easements. 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. ~3K :~2(I ['('] ~67 :f:c~°°F'"~'~"~~ RESOLUTION NO. 99-463 Page 3 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. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kin~nan, Mohave County, Arizona, November 17, 1999, and posted November 19, 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, December 6, 1999, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. so.