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HomeMy WebLinkAbout99-281 RESOLUTION NO. 99-281 A RESOLUTION SETTING FORTH A ZONING USE PERMIT ON A PORTION OF PARCEL 46, IN SECTION 10, TOWNSHIP 21 NORTH, RANGE 18 WEST, FOR A DRIVE-IN THEATER IN A C-2H (GENERAL COMMERCIAL HIGHWAY FRONTAGE) ZONE, IN THE GOLDEN VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at tire regular meeting oF the Mohave County Board of Supervisors held on August 9, 1999, a public hearing was conducted to determine whether a Zoning Use Permit should be granted for the above-described property as requested by Jim Kuden, representing Burro Ltd., ofEscondido, Califori:fia, and WHEREAS, this property is located on the south side of State Highway 68, between Aztec Road and Adobe Road. The site is accessed fi'om State Highway 68 via south on Aztec Road approximately 200 feet to the parking lot for the swap meet, located on the southwest corner of State Highway 68 and Aztec Road. The property has a swap meet on it and the terrain is relatively flat, sloping slightly to the southwest. The surrounding land uses consist otivacant land and a few widely scattered single-family residences. There are no significant drainage patterns, and WI IEREAS, the applicaat requests this Zoning Use Permit for a drive-in theater in a C-2H (General Commercial Highway Frontage) zone. The Mohave County General Plan designates this m'ea as an Urban Development Area, and WHEREAS, Board of Supervisors Resolution Nanther 96-346, as amended by Resolution Number 98-66, allows a swap meet on this property. This Zoning Use Permit will allow another use. Both uses are allowed but only one use may be operated at any one time, and WII EREAS, a review of FEMA FIRM Panel #040058-2325B indicates the parcel described to be in Zone A, in the Special Flood Hazard Area, and WHEREAS, the tbllowing 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 effect cunrplies with the Mohave County General Plan. c. The site is adequate for the action imended aud the use is consistent with the surrounding land uses and terrain. d. The site has legal access. c. There are no significant euvironmental features affecting the site, except the noted Special Flood Hazard Area. RESOLUTION NO. 99-281 Page 2 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on July 14. 1999, the Commission recommended APPROVAL for a Zoning Use Permit subject to the lbllowing: I. This Zoning Use Permit is for a drive-in theater in the parking lot for the swap meet in a C- 2H (General Commercial Highway Frontage) zone and activities related thereto. Only ONE use ~nay be in operation at any one time. The applicant may not operate both the swap meet and the drive-in tit the same time. The screen will be located on the north side of the property so that the pictm'e will not be seen from State Highway 68 so as not to cause a traffic problem with drivers looking at the movie. 2. The applicant will have the approval of the Arizona Department of Transportation (ADOT), thc Depm'tment of Public Salbty (DPS), the Mohave County Sheriff's Department (MCSO), and the Mohave County Public Works Department as to the location of the drive-in theater screen before establishing the use. 3. The applicant shall comply with all applicable provisions of the Mohave County Zoning Regulations. The existing Section 27.P (Site Plan Requirements) must be amended and approved prior to approval of permits and before establishing the use. 4. If the drive-in theater is no longer in operation, the screen will be removed. 5. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. 6. If construction or use has not commenced within one year of Board approval of the Zoning Use Permit or if the ttse has been discontinued fbr six months, then approval shall terminate at that date. 7. This Zoning Use Permit is subject to revocation upon 60 days notification by the Board of Supervisors if, in thc 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 Coanty, Arizona, July 21, 1999, and posted on July 23, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 99-281 Page 3 NOW TIIEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Mono ~ y. August 9. 1999, AIZ'I:'ROVED this Zoning Use Pemfit as recommended by the Mohave County Planning al~d Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS James ~