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Home My WebLink About93-001 6~ . INDEai) .. ~ MI1fiLMEO. ~93- 7 ~ :153 BK 2161 PG 839 OFFICiAL RECORDS OF MOHAVE COUWTY AI. *JOAN MoCALL, MOHAVE COUNTY RECORDER* 01/13/93 12=15 P.M. PAGE 1 OF 5 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDIHG FEE 0.00 NC RESOLUTION NO. 93-1 A RESOLUTION SETTING FORTH THE DENIAL FOR THE REZONING OF A PORTION OF THE SE~ SECTION 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, FROM: C-2/1A (GENERAL COMMERCIAL/ONE ACRE MINIMUM LOT SIZE) ZONE, PROPOSED TO BE: C-2H/1A (HIGHWAY COMMERCIAL/ONE ACRE MINIMUM LOT SIZE) ZONE, LOCATED IN THE LAKE HAVASU AREA, MOHAVE COUNTY, ARIZONA \,-"l 1..' .0 \'1..u 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 to Fred Hunt of La Habra, California, for a zone change from the existing C-2/1A (General CommerCial/One Acre Minimum Lot Size) zone, to C- 2H/1A (Highway Commercial/One Acre Minimum Lot Size) zone, occupying the northwest corner of Highway 95 and Lake Drive in the Lake Havasu area, 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, and new Highway 95. The subject property has frontage on Highway 95 and occupies the northwest corner of Highway 95 and Lake Drive, and ~ WHEREAS, review of floodplain map #040058-3110B indicates this property is not located in a designated flood plain. The '- . . ., .'\ , ; :~.;.~":;j Resolution No. 93-1 Page 2 property is currently occupied by a retail store with gasoline pumps, laundromat, car wash and storage units. The store is currently called the "Busy B". Surrounding land uses consist of: vacant land and a proposed RV park to the north; vacant land west with residential further west; and commercial uses to the south. Surrounding zoning consists of R-E (Residential-Recreation) to the north and west and C-2H (Highway Commercial) to the south across Lake Drive, and WHEREAS, the applicant desires to transform the existing storage units into commercial businesses and also to establish a rental truck use in addition to existing commercial uses. The proposed use for the storage unit that initiated this rezone request is a towing and car repair business. The applicant has indicated that only light repair work will be done and a screened storage yard will be provided if necessary, and WHEREAS, the Planning staff had some difficulty with the apparent trend towards converting structures that were built for storage into retail commercial businesses. Although approved in the past, those were enforcement actions that were resolved and they are the exception. This property has a number of uses already established. If this rezone is approved a very detailed site plan should be submitted to determine if the maximum potential has already been met. The 1980 Lake Havasu Area Plan PAGE 2 OF 5 BK 2161 PG 8~O CFEEt93- 2153) . . Resolution No. 93-1 Page 3 indicates that parking spaces should be designed with the needs for boat trailers and recreational vehicles in mind. The area set aside or available for parking may already have been overloaded with the existing land uses. The person rentinq and refurbishinq the storaqe unit has been informed, in writinq, that this request was not quaranteed approval and could possibly be denied, and WHEREAS, this request was referred back to the Planning Commission by the Board of Supervisors at their November 2, 1992 meeting. It was sent back based on the request of the applicant, who indicated he was not present at the Planning Commission meeting of October 14, 1992 to state his reasons for wanting approval of the rezone request, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on December 9, 1992, the Commission recommended a 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. Applicant submit proof of hookup to an approved sewage treatment facility and community water system as determined to be applicable by the Mohave County Environmental Health Division or other agencies. PAGE 3 OF 5 BK 2161 PG 841 CFEE;93- 2153) . . --....., Resolution No. 93-1 Page 4 3. Adequate parking shall be implemented in accordance with the Mohave County Zoning Ordinance. 4. Approval from fire safety agencies. Being the Desert Hills Fire Department and State Fire Marshal. 5. ADOT permit be acquired with a copy provided to the Planning and Zoning department. 6. Appropriate zoning/building/environmental permits be obtained. 7. 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 February 3, 1993, as per ARS 11-829E. 8 . 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 Standard, a newspaper of general circulation in the county seat, Kingman, Mohave County, Arizona, on December 19, 1992, and in the Today Daily News, and posted December 18, 1992, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations, and WHEREAS, at the public hearing before the Board of Supervisors held January 4, 1993, the Board heard testimony from area planning commissioner Dolores Moscou, who gave a history of PAGE 4 OF 5 BK 2161 PG 8~2 (FEE;93- 2153) .--..... ~-/~ ~'-...:..: ~ ~ -r . . Resolution No. 93-1 Page 5 the site and concerns of those in the area. Planning Commission Chairman Larry Lively gave a history of the case from the point of hearings and urged its approval. Several local citizens spoke against the rezone request, and NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, January 4, 1993 DENIED this change in zoning as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE OF SUPERVISORS ATTEST: k PAGE 5 OF 5 BK 2161 PG 843 (FEE~93- 2153)