HomeMy WebLinkAbout93-354
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JAN 211994
MOHAVE COUNTY PlANNING & IONING COMM.
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RESOLUTION NO. 93-354
A RESOLUTION SETTING FORTH A REZONE OF A PORTION OF THE NW~ NW~
OF SECTION 21, TOWNSHIP 14 NORTH, RANGE 20 WEST, FROM AN A
(GENERAL) ZONE TO C-2H (GENERAL COMMERCIAL-HIGHWAY FRONTAGE)
ZONE, LOCATED IN THE LAKE HAVASU AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board
of Supervisors held on January 3, 1994, a public hearing was
conducted to determine whether approval should be granted for a
zone change on the above described property to owners Roger J.
and Linda Martin of Lake Havasu City, Arizona, and
WHEREAS, the site's northern property line lies on the north
section line boundary for Section 21. Access to the property is
via London Bridge Road, then west on Chenoweth Drive
approximately 580 feet to the site's northeast corner. Chenoweth
Drive is a section line road and has been dedicated east of
London Bridge Road at a width of 42 feet south of the section
line, an~
WHEREAS, the site is owned and occupied by Cheetah Boats, a
boat repair and upholstery shop. All utilities are in place and
there is a fire hydrant on site. The property is enclosed by a
view-obscuring fence. The south side of the property is dirt and
slopes off significantly to meet a 25-foot paved roadway easement
which is considered secondary access. The surrounding area
consists of a mix of public, residential and commercial uses and
vacant land. East of the property is Desert Hills Fire
Department, storage facilities are to the south and a single
residence is to the west. Sections 17 and 20 to the west and
northwest consist of undeveloped land owned by the State.
Section 16, directly north of the site, is also State land;
however, a portion of this land is under lease for residential
use, and
WHEREAS, the applicants have been operating a business not
allowed in an A (General) zone and are therefore seeking a zone
change to C-2H for conformance purposes. The business functions
of Cheetah Boats are allowed in a C-2H zone and the contiguous
private properties in Section 21 are zoned C-2H. The Lake Havasu
Area Plan shows an "A" land use designation for the site and fire
department. The A designation is the equivalen~ of the existing
A zoning and does not constitute a studied land use designation
due to the fact that the Area Plan, when generated, simply
reflected existing zoning, and
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.
~ESOLUTION NO. 93-354
Page 2
PAGE 2 OF 3
BK 2339 PG 277 (FEE~94- 1458)
WHEREAS, the business operated by Cheetah Boats fits the
permitted uses for the C-2H zone. With the exception of the fire
department the surrounding zoning is also C-2H. The question in
this case is access. Per the Special Provisions for C-2H zones
in the Mohave County Zoning Ordinance, Section 21.1.A.2. states:
"Property shall have frontage and access to either a state
highway, a county defined arterial highway, a major road, or a
frontage road paralleling and contiguous to any of these. In
situations where the road function is designated for one of the
above, and the right-of-way is not in conformance, then the same
may be accomplished if the use provides for the setbacks to
prohibit structures within this future right-of-way in addition
to regular setbacks.", and
WHEREAS, Chenoweth Drive is utilized as the primary access
for the site, yet Chenoweth Drive west of London Bridge Road does
not technically exist although it is a paved roadway in reality.
Secondary access is via the 25-foot road easement off London
Bridge Drive. This easement provides primary access to the
storage facilities located south of the site. This easement is
marginal at best for Cheetah Boats and could not function as
their primary access due to the extremeness of the slope from
their property to the road. The only remaining option for
functional access is off Chenoweth Drive, and
WHEREAS, once access has been resolved, site issues such as
setbacks and parking requirements need to be addressed per the
requirements of the Zoning Ordinance, and
WHEREAS, review of Floodplain Map #040058-31l0B indicates
that the property is within Zone C, an area of minimal flooding,
and
WHEREAS, the property is within the Urban/Building Overlay
Zone, and
WHEREAS, at the public hearing before the Mohave County
Planning and Zoning Commission on November 10, 1993, the
Commission recommended APPROVAL for a zone change subject to the
following:
1. That a portion of the NW% NW% of Section 21, also
currently known as Tax Assessor's Parcel Number 120-05-
138 from the map dated October 23, 1992, be zoned C-2H
(General Commercial-Highway Frontage).
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RESOLUTION NO. 93-354
Page 3
2.
PAGE 3 OF 3
BK 2339 PG 278 (FEEt94- 1~58)
That the Board of Supervisors accepts the dedication of
a 20-foot right-of-way along the north boundary of the
parcel to be handled by the Public Works Department via
a separate instrument.
3. Submi ttal of a site plan in conformance with Section
27. P of the Mohave County Zoning Ordinance. If the
plan is not in compliance then the applicant shall seek
appropriate action through the Board of Adjustments.
4. The rezone shall not become effective for 30 days after
final Board of Supervisors approval for the change in
classification, as per ARS 11-829E.
5.
If these conditions are not met within one year this
approval will be void. If at the expiration of this
period the property has not been improved to meet 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. This action is in accordance with
Arizona Revised Statues 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, December 19, 1993, and posted December
17, 1993, 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 3, 1994, APPROVED
this zone change as recommended by the Mohave County Planning and
Zoning Commission and outlined herein.
MORAVE COUNTY BOARD OF SUPERVISORS
ATTEST:
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