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HomeMy WebLinkAbout96-346 ... ~~ v ~ . . ED MICROflLMW INDEX 9656783 BK 2803 PG 396 OFFICIAL RECORDS OF MOHAVE COUNTY, JOAN MC CALL, MOHAVE COUNTY RECOR! 10/09/96 03:57P PAGE 1 OF ~ MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 96-346 A RESOLUTION SETTING FORTH A ZONING USE PERMIT ON A PORTION OF PARCEL 46, AS SHOWN ON A RECORD OF SURVEY, RECORDED AUGUST 22, 1975, IN BOOK 1, PAGE 27 AND PAGE 43, RECORDS OF MOHA VE COUNTY, ARIZONA, IN SECTION 10, TOWNSHIP 21 NORTH, RANGE 18 WEST, FOR A SWAP MEET IN A C-2H (GENERAL COMMERCIAL HIGHWAY FRONTAGE) ZONE AND FOR A NIGHT WATCHMAN'S QUARTERS IN A CoMO (COMMERCIAL-MANUFACTURING/OPEN LOT STORAGE) ZONE, IN THE GOLDEN V ALLEY AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on October 7, 1996, a public hearing was conducted to determine whether a Zoning Use Permit should be granted for the above described property as requested by Burro, L TD, a Nevada corporation, being represented by Jim Kuden of Escondido, California, and WHEREAS, this property is located on the south side of State Highway 68 between Aztec Road and Adobe Road. The site is accessed from Highway 68 via south on Aztec Road approximately 400 feet to the site, which is located on the southwest comer of Highway 68 and Aztec Road. The property is relatively flat, sloping slightly to the southwest. Presently there is a swap meet and mini-storage on the property. The surrounding land uses consist of vacant land to the south, east and west. There are several commercial businesses on the north side of Highway 68. There is a significant drainage pattern that crosses the property from north to south through the west side of the property, and WHEREAS,the applicant requests this Zoning Use Permit to allow for a swap meet on the property located along the 380 feet fronting on Highway 68 zoned C-2H (General Commercial Highway Frontage), and for a night watchman's quarters for the mini-storage located on the southern portion of this parcel zoned CoMO (Commercial-Manufacturing/Open Lot Storage), The Mohave County General Plan designates this area as an Urban Development Area, and WHEREAS, a review ofFEMA FIRM Panel #040058-2325B indicates the parcel described to be in Zone A, in the Special Flood Hazard Area, and WHEREAS, the swap meet and mini-storage on the property is in violation of the Mohave County Zoning Regulations. This Zoning Use Permit and the accompanying Rezone action will correct these violations, and . . PAGE 2 OF 5 BK 2803 PG 397 FEE~9656783 RESOLUTION NO. 96-346 Page 2 WHEREAS, a Zoning Use Permit was approved for this property on December 5, 1994, with Board of Supervisors Resolution No. 94-425 for a swap meet only. None of the conditions of approval were accomplished by Mr. Kuden. Since the approval of this resolution, he has changed his use of the property and required a new Zoning Use Permit application/approval, and WHEREAS, this item was to be heard at the Planning and Zoning Commission meeting on May 8, 1996 and after much discussion between Mr. Kuden, the commission and the staff on the rezone of this property the rezone was continued to the June 12, 1996 meeting at the request of the applicant, thus this Zoning Use Permit was also continued, and WHEREAS, prior to the June 12, 1996 Planning and Zoning Commission meeting Mr. Kuden withdrew his application in a letter dated May 21, 1996 to Mr. Sondgeroth, Planning and Zoning Commission Chairman. Since this date Mr. Kuden changed his mind and requested that he would like to "withdraw my withdrawal" as stated in a letter dated July 10, 1996 to Mr. Sondgeroth, and WHEREAS, the following described Findings of Fact are for the above captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and the effect complies with the Mohave County General Plan. c. The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain. d. The site has legal access. e. There are no significant environmental features affecting the site, other than the noted Special Flood Hazard Area. f. This action is to correct a zoning violation. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on September II, 1996, the Commission recommended APPROVAL for a Zoning Use Permit subject to the following: 1. This Zoning Use Permit is for a swap meet on the property located along the 380 feet fronting on State Highway 68 measured from the southern right-of-way line zoned C-2H (General Commercial Highway Frontage), and for a night watchman's quarters for the mini- storage located on the southern portion of this parcel zoned CoMO (Commercial- Manufacturing/Open Lot Storage) and activities related thereto as shown on Exhibit "A". 2. The swap meet will not operate until the Rezone and Zoning Use Permits are approved by the Board of Supervisors and all the conditions of approval have been met. The compliance of all conditions must be confirmed by the Planning and Zoning Director and the Director of the Public Works Department. 3. The approvals include a compliance schedule. Failure to comply with those schedules will cause BOTH approvals to expire. . . . PAGE 3 OF 5 BK 2803 PG 398 FEE~9656783 RESOLUTION NO. 96-346 Page 3 4. The mobile home for the night watchman's quarters must be HUD certified. 5. The applicant shall comply with all applicable provisions of the Mohave County Zoning Regulations. Section 27.P (Site Plan Requirements) must be completed and approved prior to approval of permits. In addition, a Drainage Report prepared by a Registered Professional Engineer will have to be submitted to include related improvements to be constructed as recommended by the drainage report and approved by the Mohave County Public Works Department. 6. The applicant shall consult with the Arizona Department of Transportation (ADOT) for the method of accessing this property from State Highway 68. 7. There will be a physical barrier of at least one foot (I ') in height constructed or installed along Aztec Road to ensure that vehicles enter and exit only at the entrance/exit point. The opening into the parking lot shall meet Mohave County Public Works Department distance standards from State Highway 68, but not less than 200 feet. 8. A six-foot (6'-0") chain link fence with vision slats will be constructed between this property and the A-R zoned property to the south. The Planning and Zoning Department will ensure that the fence is on all approved site plans and that it is constructed prior to issuing a Certificate of Occupancy or prior to commencing use. 9. The appropriate zoning, building, environmental and floodplain permits will be obtained prior to construction. 10. If construction or use has not commenced within one year of Board approval of the Zoning Use Permit or if the use has been discontinued for six months, then approval shall terminate at that date, 11. This Zoning Use Permit is subject to revocation upon 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. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, September 21,1996, and posted September 20, 1996, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. , . . PAGE 4 OF 5 BK 2803 PG 399 FEE~9656783 RESOLUTION NO. 96-346 Page 4 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, October 7, 1996, APPROVED this Zoning Use Permit as recommended by the Mohave County Planning and Zoning Commission and outlined herein. 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