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Home My WebLink About92-027 .~ ." Ll 50s MICROAU4ED ~ 5 . ~ll I ~Si2- 61.44 BK 200~ PG 116 OFFICIAL RECORDS OF MOHAVE COUNTY AZ. 'JOAN McCALL~ HOHAVE COUNTY RECORDER* 02/04/92 2:00 P.M. PAGE 1 OF ~ MOHAVE COUHTY BOARD OF SUPERVISORS RECORDING FEE 0.00 NC RESOLUTION NO. 92-27 A RESOLUTION SETTING FORTH APPROVAL OF A ZONING USE PERMIT FOR THE EXPANSION OF A RETAIL PLANT NURSERY IN A C-2 (GENERAL COMMERCIAL) ZONE, ON LOT 28, LAKE HAVASU HIGHLANDS, TRACT 1001, SECTION 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, IN THE LAKE HAVASU AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held February 3, 1992 a public hearing was conducted to determine whether approval should be granted to William W. Montgomery of Lake Havasu City, Arizona, for a Zoning Use Permit (ZUP) for the expansion of a retail plant nursery, occupying the northwest corner of Tourmaline Street and London Bridge Road, in the Lake Havasu area, and WHEREAS, this request is in compliance with the Mohave County Havasu Area Plan, and WHEREAS, Section 21 is bounded on the north by Chenoweth Drive and is bounded on the south by Lake Havasu City with the west half of the section being bisected by old Highway 95 now known as London Bridge Road. The subject property is accessed from Highway 95 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 ~ . . PAGE 2 OF 4 BK 2004 PG 117 (FEE~92- 61+4) Page 2 Resolution No. 92-27 with London Bridge Road, thence north approximately one-half (.5) mile to the northwest corner of London Bridge Road and Tourmaline Street, and WHEREAS, review of floodplain map #040058-3110B indicates this property is not located in a designated flood plain. The property is currently vacant. Surrounding land uses consist of a mixture of commercial to the north and south with residential uses to the west. All lots in the Havasu Highland tracts fronting on London Bridge Road are zoned for commercial uses, and WHEREAS, the applicant desires to expand his current nursery business located on Lot 144, Lake Havasu Highlands, Tract 1058-B, contiguous to said Lot 28, and WHEREAS, a public hearing was held before the Mohave County Planning and Zoning Commission on January 8, 1992 and did generate a recommendation of APPROVAL of the requested Zoning Use Permit contingent upon 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. If construction or use has not commenced within one (1) year of Board approval of the zoning Use Permit or if the use has been discontinued for six (6) months, then approval shall terminate at that date. -# . PA' 3 Of BK 2004 PG 4 118 (FEEt92- 6144) Page 3 Resolution No. 92-27 3. This Zoning Use Permit is subject to revocation upon sixty (60) days notification by the Board of Supervisors, if in the opinion of the Commission and Board the continued use of the property would be contrary to the public health, safety, and welfare. 4. That appropriate zoning/building/environmental health permits be obtained. 5. The applicant supply proof of hookup to an approved sewage treatment facility and community water system, if applicable. 6. If the primary nursery use on Lot 144 is vacated, a rehearing of this zoning Use Permit will be required. 7. 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.) Extension of the existing was is approved along frontage. 7 . Any remainder of the lot not used for non-commercial 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. 8. Any permitted open lot storage must be related to or be an accessory to the primary business. The storage area shall be covered with a dust-proof surface. If crushed rock is used for the dust-proof surface then the soil shall be maintained in a weed free condition. Any open lot storage shall be completely enclosed by a view- obscuring fence which extends two (2') feet above the highest item to be stored, with a minimum of six (6') feet and a maximum of eight (8') feet in height. Fencing shall display no advertising. 9. Adequate parking shall be implemented in accordance with the Mohave County Zoning Ordinance. 10. Public Works comments in regards to this item were as follows: "This lot falls adjacent to old State Highway 95. There are two R/W alignments through this area, one as platted by Arizona Highway Department. These two alignments are not the same, and lot 28 may be encroached upon by the Arizona Highway Department alignment. In other words, Lot 28 may not be as large . . . Resolution No. 92-27 PAGE 4 OF 4 BY- 200+ PG 119 (FEE~92- 61~4) Page 4 as indicated by the subdivision plat." Based on this comment the applicant should work with the Public Works Department to determine the correct boundaries of this lot. 11. 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 ZUP 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 the 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 zoning Use Permit as recommended by the Mohave County Planning and Zoning Commission, subject to the conditions outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS C3' k.,/-d d-</<-I'cL-t J! Lois J. Hubb d, Chairman