HomeMy WebLinkAbout98-308 RESOLUTION NO. 98-308
A RESOLUTION SETTING FORTH A REZONE OF A PORTION OF THE E½ SE¼ OF SECTION
21, TOWNSHIP 14 NORTH, RANGE 20 WEST, FROM C-2H (GENERAL COMMERCIAL
HIGHWAY FRONTAGE) AND C-RE (COMMERCIAL-RECREATION) ZONES TO C-2H
(GENERAL COMMERCIAL HIGHWAY FRONTAGE) ZONE, IN THE LAKE HAVASU CITY
AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on October
19, 1998, a public hearing was conducted to determine whether approval should be granted to Rezone the
above-described property as requested by Phillip E. and Penny C. Younis and Brian and L. Lisa Jackson o£
Parker, Arizona, and
WHEREAS, this property is located north of the Lake Havasu City limits, west of State Highway
95, on the southwest comer of State Highway 95 and Lake Drive. The site is accessed from Lake Drive.
There is no access from State Highway 95. The property has a boat, trailer, and heavy equipment sales lot
on it, along ~vith storage units. The property is relatively flat, sloping slightly to the west toward the
Colorado River. The surrotmding land uses consist of several highway businesses along State Highway 95
to the north, a homes-only subdivision to the southwest, a mobile home subdivision to the northwest, and
a mini-storage to the ~vest. There are no significant drainage patterns, and
WHEREAS, the applicant requests this zone change to allow for boat storage units (enclosed
buildings). The Mohave County General Plan designates this area as an Urban Development Area, and
WHEREAS, a review of FEMA FIRM Panel #040058-311 OB indicates the parcel described to be
in Zone C, not in the FEMA Special Flood Hazard Area, and
WHEREAS, the applicant had previously been denied their request to rezone this property via BOS
Resolution No. 97-98 on June 16, 1997. The Planning and Zoning Commission recommended approval;
however, the Board of Supervisors denied the request based upon the continual and ongoing violations on
this property. Since this request, the zoning violations have been cleared up, and
WHEREAS, NOTE: If the applicant plans on accessing State Highway 95, the Arizona Department
of Transportation (ADOT) will have to be contacted regarding the method of accessing the state highway,
and
WHEREAS, the following described Findings of Fact are for the above-captioned item:
RESOLUTION NO. 98-308 Page 2
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 neighboring area contains other like land uses similar to the above-proposed action.
e. The site has legal access.
f. There are no significant environmental features affecting the site.
VVItEREAS, at the public hearing before the Mohave County Platming and Zoning Commission on
August 12, 1998, the Commission recommended APPROVAL for a Rezone subject to the following:
1. This property will be rezoned C-2H (General Commercial Highway Frontage).
2. The applicant shall place a view-obscuring fence to provide screening for the area, to protect
the view from State Highway 95.
3. All storage will be inside a structure; no outside storage will be allowed.
4. The site plan originally approved for this parcel must be revised and approved prior to
approval of permits. In addition, the applicant shall provide right-of-way, road and drainage
improvements as required by the Mohave County Engineer prior to site plan approval.
5. The appropriate zoning, building, environmental, and floodplain permits will be obtained
prior to construction.
6. The rezone shall not become effective until at least 30 days after final approval of the change
in classification by the Board of Supervisors, as per ARS 11-829E.
7. 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 11, Chapter 6, 11-832.
WHEREAS, the notice of hearing ~vas published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, October 3, 1998, and posted on October 2, 1998, as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
RESOLUTION NO. 98-308 Page 3
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting
on Monday, October 19, 1998, APPROVED this Rezone as recomtnended by the Mohave County Planning
and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS