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Home My WebLink About93-007 s~ · \Q\lJ , .1 ,- ^'"' . mnRCflL.5AED 5 4 RESOLUTION NO. 93-7 A RESOLUTION SETTING FORTH REVOCATION OF A ZONING USE PERMIT ALLOW THE ESTABLISHMENT OF A CHURCH AND OFF-STREET PARKING IN A R-O (SINGLE FAMILY RESIDENTIAL/MOBILE HOMES PROHIBITED) ZONE IN BERMUDA MEADOWS SUBDIVISION ON LOTS 86, 87, 93 AND 94, IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on January 4, 1993, a public hearing was conducted to determine whether approval should be granted for the REVOCATION OF A ZONING USE PERMIT that established a church and off-street parking in a R-O (Single Family Residential/Mobile Homes Prohibited) zone in Bermuda Meadows Subdivision on Lots 86, 87, 93 and 94, located one hundred fifty (150') feet east of Harbor Avenue on the south side of Bermuda Drive in the South Mohave Valley area, and WHEREAS, Bermuda Meadows subdivision is located approximately thirteen (13) miles south of Bullhead City's southern limits and is accessed from Highway 95 via Harbor Avenue at Higgen's Corner. The subject property is accessed from Harbor Avenue via Meadow Drive, thence east approximately one hundred (100') feet on the north side of the street, and WHEREAS, review of floodplain map #040058-2615C indicates this area to be in a minor designated flood zone. The property . . . -., Resolution No. 93-7 PAGE 2 Of BY. 2159 PG Page 2 5 80 (FEE~93- 92~) is currently vacant and surrounding land uses consist of some residences to the north and south with mostly vacant land in the remaining area. The property extends from Meadow Drive north to Jamaica Drive thereby having frontage on two roads. However, the site plan submitted indicates access to be only on Meadow Drive, and WHEREAS, the Planning staff received notification from surrounding property owners of opposition to this zoning request. The Planning staff evaluated this issue further and reported the findings to the Commission at the meeting of July 10, 1991. The " report indicated that protests received were fourteen (14%) percent of surrounding property owners and thirty (30%) percent of the surrounding property. These numbers were not enough to require a unanimous vote of the Board of Supervisors, and WHEREAS, at the Board of Supervisors meeting of August 5, 1991, a number of the surrounding property owners asked this item be referred back to the Planning Commission for further discussion. Preliminary indications from property owners led the Planning staff to believe there was sufficient protest to require a unanimous vote of the Board but the Planning staff had received no information, and WHEREAS, at the time of the development of the original recommendations, there was a protest from the surrounding ., . . Resolution No. 93-7 PAGE :5 OF 8K 2159 PG 5 81 (FEEt93- 924) Page 3 property owners. Preliminary indications indicate that, as a result of dialogue between the applicant and surrounding property owners, the protest was withdrawn. An additional meeting was scheduled for the afternoon of September 11, 1991 between the applicant and surrounding property owners, and WHEREAS, the followinq are approval conditions for the ZUP to allow the establishment of a church and off-street parkinq in ~ R-O zone as recommended Qy the Commission and approved Qy the Board as contained in Resolution 91-203: 1. The applicant comply with all applicable provisions of Sections 25, 26, 27, and 31 of the Mohave County Zoning Regulations. In addition to compliance with Ordinance 87-1 (Dark Sky Ordinance). 2. A one (1') foot vehicle non-access easement shall be established at the front of Lots 86-87 contiguous to Jamaica Avenue. A six (6') foot block wall shall be required along this easement. In addition, a buffer, in the form of a six (6') foot block wall shall be required along the remaining boundary of this development except approved entrance points. (Staff would consider an engineered design to assure lot protection and non-access in lieu of a block wall.) 3 . These lots shall for considered one lot and or break out thereof, approval. 4. The owner/developer shall pave Meadow Lane as it is contiguous to this property and west to Harbor Avenue. The paving of the aforementioned road shall be placed on the center line of roadway right-of-ways in a width and design as approved by the County Engineer. all intents and purposes be the sale of any individual lot, shall immediately negate this 5. The applicant supply proof of hookup to an approved community water system and sewage treatment facility. 6. The minimum setbacks for this development shall be the standard R-O setbacks as described in the regulations. . . Resolution No. 93-7 Page 4 PAGE ~ OF 5 BK 2159 PG 82 (FEE~93- 924) 7. 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. 8. 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. 9. That appropriate zoning/building permits be obtained. 10. If 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, field inspection of the site indicates it is vacant. No permits have been applied for at this location Qy the owners. Verbal approval to revoke has been received after -- notification of intent to do so Qy this department, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on December 9, 1992, the Commission recommended APPROVAL of the REVOCATION of the Zoning Use Permit based on the following: 1. No activity in the form of permit applications has occurred. 2. No written response was received to the notification that the revocation was to be However, a verbal response was received approval of this action to revoke. registered agendized. indicating ... . . Resolution No. 93-7 Page 5 PAGE 5 OF 5 BK 2159 PG 83 (FEE~93- 924) 3. The regulations regarding ZUp's indicate they should expire after one year if no construction has taken place. 4. Proper procedures have been followed for initiating this revocation in accordance with Arizona Revised Statutes Annotated, Title 11, Chapter 6, 11-832. WHEREAS, the notice of hearing was published in the Kingman Standard, a newspaper of general circulation in the county seat, Kingman, Mohave County, Arizona, on December 19, 1992, and in the Mohave Valley Daily News, and posted December 18, 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, January 4, 1993 approved the revocation of this Zoning Use Permit as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS -/l;~:/ ~t~k. Chinrman -~ ..... .~..... -.~-..~....~-