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HomeMy WebLinkAbout92-059 . 4 . e. ~evJ [ftJ11t1D. · RESOLUTION NO. 92-59 . A RESOLU ON SETTING FORTH APPROVAL OF A ZONING USE PERMIT TO ESTABLISH SWAP MEET IN A C-2H (HIGHWAY COMMERCIAL) ZONE AND OFFSITE PING IN A C-RE (COMMERCIAL RECREATION) ZONE ON A PORTION OF E SE~ SECTION 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, LOCATED IN TH LAKE HAVASU AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at meeting of the Mohave County Board of Supervisors held 1992 a public hearing was conducted to determine whether a roval should be granted to Brian Jackson \ and Phil Younis of parke~ Arizona, for a Zoning Use Permit (ZUP) to establish a swap meet i\ a C-2H (Highway Commercial) zone and offsite parking in a C-RE \\Zommercial Recreation) zone on a portion of the SE\ Section 21, ownship 14 North, Range 20 West, occupying the southwest corner of ake Drive and Highway 95, and Section 21 is bounded ~n the north by Chenoweth is bounded on the south by ~e Havasu City with the \ the section being bisected 'i:;>y old Highway 95 now WHEREAS, Drive and west half of known as London Bridge Road. The subject southwest corner of Highway 95 and Lake the (the "Busy B" service station/market is located at northwest c ner of Highway 95 and Lake Drive). Access to the property from be via Lake Drive, and H~hWay \ ", 95 will . . . . Resolution No. 92-59 Page 2 WHEREAS, review of floodplain map #040058-3110B indicates a portion of this property to be located in a minor designated flood plain. The property is currently vacant. Surrounding land uses consist of commercial to the north and east, vacant commercially zoned land to the south, and Highway 95 on the east boundary. The applicant desires to establish a swap meet at this location with parking to be placed on the C-RE zoned property to the west which is also owned by the applicant. The application does not indicated the exact placement of the buildings which will be used for the swap meet. The Commission staff contacted the Lake Havasu City Planning and Zoning office for input, due to the proximity of this project to Lake Havasu City limits, and incorporated pertinent comments into the recommendations, and WHEREAS, this item was continued at the January 8, 1992, Planning and Zoning Commission meeting in order to facilitate comments from ADOT. The Commission indicated they needed input from ADOT to evaluate comments from residents regarding access to the proposed project, and WHEREAS, a public hearing before the Mohave County Planning and Zoning Commission on February 12, 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. . . . . Resolution No. 92-59 Page 3 2. A site plan, in accordance with Section 27.P, for the proposed utilization of this lot shall be submitted to Planning & Zoning for review & approval prior to presentation of this item at the Board of Supervisors meeting at which this item will be heard. The site plan should delineate the location of access, parking, buildings or structures, and signage. 3. The parcels owned by the applicant located between Nero Drive and Highway 95 and south of Lake Drive need to be reconfigured to indicate current uses. The western parcel is the site of a boat storage site but take in portions of the other parcel. A Record of Survey will help delineate the separation of these uses and enable staff to correctly identify the boundaries of the proposed and current uses on these parcels. At the req~est of Roger Esquerra, cartographer, Commission recommends Final Plat and Parcel Plat boundaries be a triple wide line as the 1/8" blue line border obscures dimensions. NOTE: NOTE: THE FOLLOWING REQUIREMENTS. 2 TO ENVIRONMENTAL ITEMS APPLY 4. That sanitary facilities be provided as per Arizona Department of Environmental Quality and/or .County Health Department requirements. 5 . The applicant supply proof of hookup to an approved sewage treatment facility and community water system. THE FOLLOWING 6 ITEMS APPLY TO TRANSPORTATION RELATED REQUIREMENTS. 6. Adequate parking shall be implemented in accordance with the Mohave County Zoning Ordinance. The existing C-RE zone on this parcel shall be exclusively for parking and no swap meet activities shall take place within the confines of the C-RE zone except the placement of rest room facilities. Parking area shall have appropriate signage and fencing designating and/or setting aside the area specified. 7 . The C-RE zoned area shall for all intents and purposes be considered one lot with the adjoining site for the proposed swap meet and the sale of any individual lot, or break out thereof, shall immediately negate this approval. . . Resolution No. 92-59 Page 4 8. The applicant shall pave the driveway access and parking in accordance with Mohave County Standard Specification #171, or better. 9. A one (1') foot vehicle non-access easement (VNE) shall be established along the entire boundary of this parcel contiguous to neighboring right-of-ways, recorded and proposed, eX~~,I2~I2rov~~s:cess points and that the document granting the Right-of-Way be acceptable to Public Works. A six (6') foot block wall shall be required along this easement. A buffer, in the form of a six (6') foot block wall shall be required along the remaining boundaries of the parcel. Commission will consider a modification of this requirement along the boundaries of the parcel containing the boat storage units based on topography through staff approval. 10. The applicant coordinate placement of block wall (s) contiguous to Highway 95 with ADOT and acquire any pertinent permits. 11. The following comments were received from ADOT. a. The potential for traffic generated by this use is case specific and will be dependent on the operation of the site. If the site will allow vendors to camp on the site and operate for periods of several days to several weeks, and will provide restrooms, etc. traffic will be considerable. If the site is relatively undeveloped and cannot be expanded, the traffic generated will be significant but not unmanageable. The site layout will indicate to us whether of not vehicles will be able to get off of the highway safely. Any future expansion will be of serious concern. b. The availability of parking is another issue to consider. If parking on the site is not sufficient, our experience indicates that traffic will use the highway right of way for parking and may even back onto the highway. This is not acceptable. c. Lake Drive would be our preferred access for this site since a left turn lane already exists and the installation of a commercial access in the area of the left turn lane can cause conflicts when a motorist stops to turn into the driveway when the driver behind him anticipates that he will continue to the .!~te!,sectiC?n~_ This is primarily due to the markings. If sufficient separation between the driveway and the existing left turn lane can be obtained, this problem can be minimized. . . Resolution No. 92-59 Page 5 d. The sketch I received did not indicate the width or surface condition of Lake Drive. If Lake Drive is proposed to be a major county road or arterial, access from Lake Drive to the site is appropriate. We would recommend that Lake Drive be improved to accommodate a center left turn lane (36-40') for the depth of the property. Any conflicts resulting from turning maneuvers will be less severe due to lower speeds. e.We will do our best to discourage the installation of numerous driveways onto the highway. The resulting turning movements and slowing of traffic is not compatible with highway operations. These are better dealt with on local street networks. The problem is that accidents which occur on the highway are typically at higher speeds than those on local streets and result in more serious injury. If access to the highway is controlled at infrequent intersections, the efficiency and safety of the highway is increased." NOTE: THE FOLLOWING 6 ITEMS APPLY TO SWAP MEET ACTIVITIES. 12. The public meeting 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. 13. The applicant shall ensure adequate fire separation is maintained. 14. There shall be no overnight parking of R-V's, trailers or camping. 15. Operation of the swap meet shall be limited to the hours of 8:30 a.m. to 9:00 p.m. on Friday, Saturday and Sundays or a reasonable schedule per request of the applicant. Amended times may be approved in writing by the P&ZC Staff Director if kept within spirit of approval. 16. The site shall be cleared of all Storage containers, merchandise and tables within two (2) hours of Sunday closure as posted by the owner. 17. The applicant shall meet all requirements of the State Department of Revenue in regards to the sale of goods. ,. " . . Resolution No. 92-59 Page 6 NOTE: THE FOLLOWING ITEMS APPLY TO GENERAL REQUIREMENTS. 18. That pertinent building/zoning/environmental health permits be obtained. 19. 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. 20. 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. 21. 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. 22. 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. 23. I f these conditions are not met wi thin 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, and ..... .,. . . Resolution No. 92-59 Page 7 WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on February 23, 1992, and in The Havasu Herald, and posted February 21, 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, March 9, 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 ATTEST: Lois J. Hubbard, Chairman Pat Chastain, Clerk