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~92- 61.45 BK 2004 PG 120
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*JOA~ McC~LL, MOHAVE COUNTY RECORDER*
02/0~/92 2:00 P.M. PAGE 1 OF 4
MOHAIJE COUrHY BOARD OF SUPERVISORS
RECORDING FEE 0.00 He
RESOLUTION NO. 92-28
A RESOLUTION SETTING FORTH THE REZONING OF A PORTION OF THE SE~
SE~ SE~ SECTION 20, TOWNSHIP 14 NORTH, RANGE 20 WEST, FROM: A-R
(AGRICULTURAL RESIDENTIAL) ZONE, PROPOSED TO BE: C-2/1A (GENERAL
COMMERCIAL/ONE ACRE MINIMUM LOT SIZE) ZONE, LOCATED IN THE LAKE
HAVASU AREA, MOHAVE COUNTY, ARIZONA
WHEREAS, at the regular meeting of the Mohave County Board
of Supervisors held on February 3, 1992, a public hearing was
conducted to determine whether approval should be granted to A.
L. Wulfeck of Lake Havasu City, Arizona, for a zone change from
existing A-R (Agricultural Residential) zone to C-2/1A (General
Commercial/One Acre Minimum Lot Size) zone, located in the Lake
Havasu area, and
WHEREAS, Section 20 is bounded on the north by undeveloped
Arizona State land and is bounded on the south by Lake Havasu
City with Lake Havasu lake occupying a portion of the section.
Fish and Wildlife Reserve separates fee land from the lake.
Proposed access for the subject property from Highway 95 is via
Lake Drive (the "Busy B" service station/market is located at
Highway 95 and Lake Drive), thence west approximately nine-tenths
(.9) mile to a "T" intersection with London Bridge Road, thence
south approximately six hundred (600') feet to an unnamed
easement on the west side of London Bridge Road, and
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Resolution No. 92-28
PAGE 2 OF 4
BK 200~ PG 121 (FEE~92- 61~5)
Page 2
WHEREAS, review of floodplain map #040058-3110B indicates
this property to be located in a designated flood plain. The
property is (150' x 549.45') approximately 1.8 acres in size and
is currently vacant.
Surrounding land uses consist of Tamarisk
Inn to the east, the proposed but unrecorded Vista Laguna Country
Club & Estates, Tract 3038, to the north and west with Havasu
National Wildlife Refuge to the south, and
WHEREAS, the applicant desires to establish a expansion of
the existing eighteen (18) unit motel onto this property which is
non-contiguous to the proposal for rezoning, and
WHEREAS, amain concern to be addressed by the applicant is
the issue of public access. The parcel is bounded on the east by
three separate public utility easements which occupy a total of
one hundred (100') feet in width and extend north and south for
several miles.
A letter from BLM indicates that approval for
access across this easement, which was created by BLM and
retained by them, would have to be granted by the three utilities
who are using the easement as one condition is the paved crossing
of these easements. Permission would also have to be granted by
the current owner of the property. Approval for rezone would be
conditional to proof being submitted that access is available.
Another factor to be addressed is wastewater treatment in view of
the close proximity of Lake Havasu lake and the high water table,
and
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PAGE 3 OF 4
BK 2004 PG 122 (FEE~92- 6145)
Page 3
Resolution No. 92-28
WHEREAS, at the public hearing before the Mohave County
Planning and Zoning Commission on January 8, 1992, the Commission
recommended conditional APPROVAL of the requested rezoning with
the
applicant
understanding
and
accepting
the
following
conditions:
1. The applicant comply with all applicable provisions of
Sections 25, 26, 27, and 31 of the Mohave County Zoning
Regulations. Compliance with Section 27. P (Site Plan
Requirements) and Ordinance 87-1 (Dark Sky Ordinance)
is also required.
2. That a buffer, in the form of a six (6') foot block
wall shall be required along the entire boundary where
commercial uses and zoning abut residential zones and
existing residential units. (Staff would consider an
engineered design to assure lot protection and non-
access in lieu of a block wall.)
3. Any remainder of the lot not used for development shall
be maintained free of debris and the vegetation
controlled to minimize potential fire hazards.
Grasses /weeds shall be cut regularly to assure less
than eight (8") inches of growth. If crushed rock is
used then the soil shall be maintained in a weed free
condition.
4. Letters from Citizens Utilities Phone, Electric and Gas
Divisions & current property owner will be required
granting access across the PUE's on the eastern
boundary of this section. If this condition is not
fulfilled this zoning approval will be invalid.
5. The applicant shall pave the driveway access from
London Bridge Road and parking in accordance with
Mohave County Standard Specification #171, or better.
6. The applicant supply proof of hookup to an approved
sewage treatment facility and community water system.
7. That appropriate zoning/building/environmental health
permits be obtained.
8. The rezone shall not become effective for at least
thirty (30) days after final approval of the change in
classification by the Board of Supervisors. Being
March 4, 1992, as per ARS 11-829E and compliance with
the conditions of this resolution.
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PAGE 4 OF 4
BK 2004 PG 123 (FEE~92- 61~5)
Resolution No. 92-28
Page 4
9 . I f these conditions are not met within one (1) year
this approval shall be void. If at the expiration of
this period the property has not been improved for the
use for which it was conditionally approved, the Board
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 in accordance with Arizona Revised
Statutes Annotated, Title 11, Chapter 6, 11-832.
WHEREAS, the notice of hearing was published in the Kingman
Daily Miner, a newspaper of general circulation in Kingman,
Mohave County, Arizona, on January 19, 1992, and in The Havasu
Herald, and posted January 17, 1992 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, February 3, 1992 approved
this change in zoning as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
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Lois J. HubbaFd, Chairman