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Home My WebLink About96-345 -. tJ . . MICROAI.MID INDEXED 9656782 BK 2803 PG 391 OFFICIAL RECORDS OF MOHAVE COUNTY, ( JOAN MC CALL. MOHAVE COUNTY RECORD 10/09/96 03:55P PAGE 1 OF 5 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 96-345 A RESOLUTION SETTING FORTH A REZONE OF 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, TOWNSIDP 21 NORTH, RANGE 18 WEST, FROM A-R (AGRICULTURAL-RESIDENTIAL) ZONE TO C-2H (GENERAL COMMERCIAL HIGHWAY FRONTAGE) AND CoMO (COMMERCIAL-MANUFACTURING/ OPEN LOT STORAGE) ZONE, IN THE GOLDEN VALLEY 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 approval should be granted to Rezone the above described property as requested by Burro, LTD, 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 zone change for a swap meet along the 380 feet fronting on Highway 68 and a mini-storage on the remaining property behind the swap meet. 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 ofthe Mohave County Zoning Regulations. This Rezone and the accompanying Zoning Use Permit action will correct these violations, and WHEREAS, this property was tentatively rezoned on December 5, 1994, with Board of Supervisors Resolution No. 94-425. 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 rezoning application/approval, and '. . . PAGE 2 OF 5 BK 2803 PG 392 FEE~9656782 RESOLUTION NO. 96-345 Page 2 WHEREAS, this item was heard at the Planning and Zoning Commission meeting on May 8, 1996 and after much discussion between Mr. Kuden, the commission and the staff it was continued to the June 12, 1996 meeting at the request of the applicant, 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 has 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 Mohave County Public Works Department requests that Aztec Road should be improved to a paved roadway standard adjacent to this development, 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 Rezone subject to the following: 1. The 380 feet of this parcel fronting on State Highway 68 measured from the southern right- of-way line will be rezoned C-2H (General Commercial Highway Frontage) and the remaining southern portion of this parcel will be rezoned C-MO (Commercial- Manufacturing/Open Lot Storage) as shown on Exhibit "A". 2, A Zoning Use Permit is required before the applicant can operate the swap meet and before the night watchman's quarters can be placed in the C-MO zone. 3. 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. 4. Should the property be split, the submittal and recordation of a Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations and 102.04-B of the Standard Specifications and Details is required. RESOLUTION NO. 96-345 Page 3 '. . . PAGE 3 OF 5 BK 2803 PG 393 FEE~9656782 5. The approvals include a compliance schedule. Failure to comply with those schedules will cause BOTH approvals to expire. 6. The applicant shall consult with the Arizona Department of Transportation (ADOT) for the method of accessing this property from State Highway 68. 7. 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. 8. Aztec Road shall be paved a minimum of24 feet from State Highway 68 to the far end of the last driveway, but no less than 200 feet, and the paving must comply with Mohave County Standard Specification #171 (asphaltic concrete) or better. 9. The parking lot shall be paved with '/.i-inch crushed rock at least 4 inches thick or better as stated by the Mohave County Engineer. 10. The Board of Supervisors accepts the dedication as road rights-of-way the SO-foot roadway easement known as Aztec Road and the I OO-foot roadway easement known as State Highway 68. In addition, a 45-foot radius curve is required at the dedicated roadway intersection point. This will be done by separate instrument and will be submitted with the site plan. 11. 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. 12, There will be a physical barrier of at least one foot (1') 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. 13. The appropriate zoning, building, environmental and floodplain permits will be obtained prior to construction. 14. The rezone shall not become effective until at least 30 days after [mal approval of the change in classification by the Board of Supervisors, as per ARS 11-829E. '. . . RESOLUTION NO. 96-345 PAGE 4 OF 5 BK 2803 PG 394 FEE~9656782 Page 4 15. 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 of Supervisors (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 Statutes Annotated, Title II, Chapter 6,11-832. 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. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, October 7, 1996, APPROVED this Rezone as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ~ d#/~~ Smn Standerfer, hairman QljOtJ J::J1ZIj -.., ( -~.j ;,OJ'?1 f ~I ~__ ; .oajA"l.N>L --"1--rful' f n ~ -- ---:-----'5;:;-+-. S II I ~~~~ lrrf I H I n ~~~~ Ii It II I ;::; <( '--r1 I I, I (!) i2!;:! t.l:it.: oz <<0: I ..,J" I I I Wz c.. V 1 t I LU)O I f D-N---; ~__ ',.....J CL. ;'iHN) ---:iJ"':t"/ o :r: ~ ~. g >' i [J /1~. ! o~ We, CO ~ II ~i~ III'" rn ~I: ~i f:-, ___ ~!;: I b H 00 I -- __ (. ~ Ii O::::E W ,;:5- _ -'--= ..0... I t--- k- _ -.l. u c::t Ii ,! I , , r- - ----...1 'YJ! '. U) ~ "':'/f! I I ............... v -Yutr I 0 (!) I '-----. i1tltr~ N w:Z: I 0;) ~ U) 5 I (!) ~ i1t1../.S1v <[ '" ~ N I 0 z ...............--..:; O:r: I Wz ~ O:::C\J J C50 ~ ~ CLJ I o...N ............. I 00 ...... I O:::::E ........ 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