HomeMy WebLinkAbout08/17/2015 Item 025MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM FROM: Nicholas S. Hont, P.E., Director CONTACT /EXT: Theresa Shell, Ed 5006 DATE: August 12, 2015 BOS MEETING DATE: August 17, 2015 FORMAL ACTION: ❑ CONSENT RESOLUTION ED OTHER ❑ INFORMATION ONLY ❑ SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY /ATTACH BACKUP MATERIAL: The applicant requests this Zoning Use Permit to allow for a public institution (elementary school) in a C -21-1 (General Commercial Highway Frontage) zone. Section 27.A of the Mohave County Zoning Ordinance provides for placing public institutions in a zone where they are not normally allowed, upon approval of a Zoning Use Permit. The Zoning Ordinance defines a school as °... a public or private institution conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education." The Board of Supervisors approved a Zoning Use Permit for Assessor's Parcel Number 226 -12 -001 for this school; that property is across the street from the subject property. The approval came too late to erect a new school building in time for the coming school year. This approval allows the school to occupy a portion of Pinion Plaza while the school discusses the 226 -12 -001 property. RECOMMENDED MOTION: Adoption of BOS Resolution No. 2015 -126 - ZONING USE PERMIT on Assessor's Parcel Nos. 226 -39 -001, 226 -39- 004, 226 -39 -005, 226 -39 -006, 226 -39 -007, 226 -39 -008, 226 -39 -009, 226 -39 -010, 226 -39 -011, 226 -39 -012, 226 -39 -013, 226- 39 -014, 226 -39 -015, 226 -39 -018, for a public institution (elementary school) and associated office and storage in a C -21-1 (General Commercial Highway) zone, in the South Mohave Valley vicinity (northeast corner of Pinion Road and Frontage Road located east of State Highway 95), Mohave County, Arizona. (Commission recommended approval by unanimous vote at the August 12, 2015 Planning and Zoning Commission meeting) � Reviewed and Approved By: e� , County Attorney 4 - Human Resources El Finance Q County Administrator Approved as Requested Continued to ��1 Acknowledged receipt and referred to: Board Action Taken: No Action Taken Q Disapproved 0 = Approved with the following changes: Filing Information and Retrieval Filed Bid Filed Agreement BOS Resol }'on r2ol's-1,2toe Filed Yearly Correspondence Filed Petition Filed Land Sold Filed Franchise Filed Improvement District Filed Dedication _ Filed Land Acquired ID Resolution Filed Other Date Routed: `,j- /r Additional Informmation:' Ojdt,/ [1FS;L �ZL XC: Rece2c�eJ �o p��-� o 11111RRONEIMMIIIII FEES 2015037742 OFFICIAL RECORDS j .rry - OF MOHAVE COUNTY CAROL MEIER, COUNTY RECORDER Al. .+° ,.n 08/25/2015 10:30 AM Fee: $0.00 PAGE: 1 of 3 RESOLUTION NO. 2015-126 A RESOLUTION SETTING FORTH A ZONING USE PERMIT ON ASSESSOR'S PARCEL NOS. 226-39-001, 226-39-004, 226-39-005, 226-39-006, 226-39-007, 226-39-008, 226-39-009, 226-39- 010, 226-39-011, 226-39-012, 226-39-013, 226-39-014, 226-39-015 AND 226-39-018 FOR A PUBLIC INSTITUTION (ELEMENTARY SCHOOL) IN A C-2H (GENERAL COMMERCIAL HIGHWAY FRONTAGE) ZONE, IN THE SOUTH MOHAVE VALLEY VICINITY, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 17. 2015, a public hearing was conducted to determine whether a Zoning Use Permit should be granted for the above-described property as requested by Margie Montgomery representing Desert Star Academy of Fort Mohave; Arizona. The property is owned by SDE-Havasu LLC of Lake Havasu City, AZ, and WHEREAS, Assessor's Parcel Numbers 226-39-001, 226-39-004, 226-39-005, 226-39-006, 226- 39-007, 226-39-008, 226-39-009, 226-39-010, 226-39-011, 226-39-012, 226-39-013, 226-39-014, 226- 39-015 and 226-39-018 are more particularly described as Units 101, 104, 105, 106, 107, 108. 109, 110, 111, 112, 113, 114, 115, and 118 in Pinion Plaza Condominiums, Section 35, Township 19 North, Range 22 West- and WHEREAS, this property is located east of State Highway 95, and at the northeast corner of Pinion Road and the Frontage Road for State Highway 95. The property contains Pinion Plaza Condominiums, which includes a Mohave County library branch. The property slopes gently to the west. The surrounding land uses consist of single-family residential with commercial uses along Highway 95. There are no significant drainage patterns affecting the site, and WHEREAS, the applicant requests this Zoning Use Permit to allow for a public institution (elementary school) in a C-2H (General Commercial Highway Frontage) zone. Section 27.A of the Mohave County Zoning Ordinance provides for placing public institutions in a zone where they are not normally allowed, upon approval of a Zoning Use Permit. The Zoning Ordinance defines a school as ". . . a public or private institution conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education." The Board of Supervisors approved a Zoning Use Permit for Assessor's Parcel Number 226-12-001 for this school; that property is across the street from the subject property. The approval came too late to erect a new school building in time for the coming school year. RESOLUTION NO. 2015 -126 PAGE This approval allows the school to occupy a portion of Pinion Plaza while the school discusses the 226- 12 -001 property. The Mohave County General Plan designates this area as Urban Development Area, General Commercial. The South Mohave Valley Area Plan designates this area as General Commercial, and WHEREAS, the site is within the Fort Mohave Mesa Fire District. The site is served by a water system, a sewer system, electric power and telephone service. The Frontage Road is paved and is maintained by the State of Arizona, and WHEREAS, the Public Works Department has asked for a traffic impact analysis for this project, and WHEREAS, a review of FEMA FIRM Panel 904015C- 50751 -1 indicates the parcel described to be in Zone X, not in the Special Flood Hazard Area, 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 effect comply with the Mohave County General Plan and the South Mohave Valley Area 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 land uses similar to the above - proposed action. e. The site has legal access. f. There are no known significant environmental features affecting the site. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 12, 2015, the Commission recommended APPROVAL for a Rezone subject to the following: This Zoning Use Permit is for the purpose of a public institution and the activities related thereto. 2. The applicant shall comply with all the applicable provisions of the Mohave County Zoning Ordinance. A site plan, prepared in accordance with Section 27.P (Site Plan Requirements), must be completed and approved prior to approval of permits and before establishingthe use. In addition, the applicant may be required to provide a view- obscuring fence, if required by Section 27.14 of the Mohave County Zoning Ordinance, prior to establishing the use. 3. The applicant shall obtain the proper Arizona Department of Transportation (ADOT) permit. A Traffic Impact Analysis shall be submitted to the Director of Public Works. The applicant shall comply with the applicable provisions of the Mohave County Zoning Ordinance. RESOLUTION NO. 2015 -126 PAGE 3 5. The appropriate permits will be obtained prior to construction. 6. If construction or the use has not commenced within one (1) year of Board of Supervisors approval of the "Zoning Use Permit. or if the use has been discontinued for six (6) months; then approval shall terminate at that date. 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 the Board. the continued uses of the property would be contrary, to the public health, safety and welfare. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County; Arizona, on August 2, 2015, and in the Bullhead City Bee, a newspaper of general circulation in Bullhead City. Arizona on July 31; 2015, and was posted on July 31. 2015, 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, August 17, 2015, APPROVED this Rezone as recommended by, subject to, and conditioned upon compliance with the Mohave County_ Planning and Zoning Commission's recommendations outlined herein. ATTEST Ginnv Ander t. Clerk of the Board NIOHAVE COUNTY BOARD OF SUPERVISORS C. Moss, Chairman OnAT 0FV5 1 IRIZOIA „, �R`�� 5. Evaluation of a request for a ZONING USE PERMIT on Assessor's Parcel Nos. 226- 39 -001, 226 -39 -004, 226 -39 -005, 226 -39 -006, 226 -39 -007, 226 -39 -008, 226 -39 -009, 226- 39- 010,226 -39- 011,226 -39 -012, 226 -39- 013,226 -39- 014,226 -39 -015 and 226 -39 -018 for a public institution (elementary school) in a C -211 (General Commercial Highway Frontage) zone, in the South Mohave Valley vicinity, Mohave County, Arizona. 'This evaluation is to determine whether a Zoning Use Permit should be granted for the above- described property as requested by Margie Montgomery representing Desert Star Academy of Fort Mohave, Arizona. The property is owned by SDE- Havasu LLC of Lake Havasu City, AZ. Assessor's Parcel Numbers 226 -39 -001, 226 -39 -004, 226 -39 -005, 226 -39 -006, 226 -39- 007, 226 -39 -008, 226 -39 -009, 226 -39 -010, 226-39-011, 226 -39 -012, 226 -39 -013, 226 -39- 014, 226 -39 -015 and 226 -39 -018 are more particularly described as Units 101, 104, 105, 106, 107, 108. 109, 110, 111, 112, 113, 114, 115, and 118 in Pinion Plaza Condominiums, Section 35, Township 19 North, Range 22 West. This property is located east of State Highway 95, and at the northeast corner of Pinion Road and the Frontage Road for State Highway 95. The property is contains Pinion Plaza Condominiums, which includes a Mohave County library branch. The property slopes gently to the west. The surrounding land uses consist of single family residential with commercial uses along Highway 95. There are no significant drainage patterns affecting the site. The applicant requests this Zoning Use Permit to allow for a public institution (elementary school) in a C -2H (General Commercial Highway Frontage) zone. Section 27.A of the Mohave County Zoning Ordinance provides for placing public institutions in a zone where they are not normally allowed, upon approval of a Zoning Use Permit. The Zoning Ordinance defines a school as ". . . a public or private institution conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education." The Board of Supervisors approved a Zoning Use Permit for Assessor's Parcel Number 226 -12 -001 for this school; that property is across the street from the subject property. The approval came too late to erect a new school building in time for the coming school year. This approval allows the school to occupy a portion of Pinion Plaza while the school discusses the 226 -12 -001 property. The Mohave County General Plan designates this area as Urban Development Area, General Commercial. The South Mohave Valley Area Plan designates this area as General Commercial. The site is within the Fort Mohave Mesa Fire District. The site is served by a water system, a sewer system, electric power and telephone service. The Frontage Road is paved and is maintained by the State of Arizona. The Public Works Department has asked for a traffic impact analysis for this project. A review of FEMA FIRM Panel 404015C -5075H indicates the parcel described to be in Zone X, not in the Special Flood Hazard Area. FINDINGS OF FACT: The following described Findings of Pact are for the above - captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan and the South Mohave Valley Area 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 land uses similar to the above - proposed action. e. The site has legal access. There arc no known significant environmental features affecting the site. STAFF RECOMMENDATION: Staff recommends APPROVAL for the proposed Zoning Use Permit subject to the following: This Zoning Use Permit is for the purpose of a public institution and the activities related thereto. The applicant shall comply with all the applicable provisions of the Mohave County Zoning Ordinance. A site plan, prepared in accordance with Section 27.P (Site Plan Requirements), must be completed and approved prior to approval of permits and before establishing the use. In addition, the applicant may be required to provide a view - obscuring fence, if required by Section 27.H of the Mohave County Zoning Ordinance, prior to establishing the use. 3. The applicant shall obtain the proper Arizona Department of Transportation (ADO') permit. A Traffic Impact Analysis shall be submitted to the Director of Public Works. 4. The applicant shall comply with the applicable provisions of the Mohave County Zoning Ordinance. 5. The appropriate permits will be obtained prior to construction. 6. if construction or the use has not commenced within one (1) year of Board of Supervisors approval of the Zoning Use Permit, or if the use has been discontinued for six (6) months, then approval shall terminate at that date. 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 the Board, the continued uses of the property would be contrary to the public health, safety and welfare. Mohave County Development services Department P. O. Box 7000 ,L it Kingman, Arizona 86401 7000 APPLICATION FOR A ZONING USE PERNIIT (ZUP) Dear Sir. I (We) D r,I -F f+ ck aem hereby request a Mohave County Zoning Use Perms to establish: (proposed use) q , ar4rr Se}toaC t -jlick and 5_ iDr04e 3Paco and request that the Board of Supervisors set this matter for public h following evaluation by the Planning and Zomu Co ssiou: iOl, I oto, t , 108, 104, 110, l l 1, 112 , t13 Legal ��on P u2G �,Bn�1) okume Un+ tOS loo 14� 115. Ili g ption, n Assessor's Parcel Numbcr fA6 N ; Present Use ofProperty4 V oca' Owner. (proof required *) i anf e Owner Address: !2.-5- _ Phone: eNy Email: Doij Property Owner(s) Concur. _._ - -1%0q;'C3lTu?. OI-1 - SU13NM THREE (3) COPIES OF 8% X 11 SITE MAY AND THE VICINITY MAP ALONG WUH THRRE (3) COPIES OF THIS FORM (T'O BE FILLED IN IF OWNER AND APPLICANT DIFFERENT) Applicant's interest in the property: Applicant: . w P,` k) a- Address: / D 5 t t o V6 =LSD -- V k.X A L City: State: Zip Y&ez Phone: Email: DP�pJ gEyS cZ n ham✓ ADDITION TO THE ZONING USE PERMIT. Commencement of use or construction prior to the issuance of a Mohave County Building permit may require a penalty fcc. *ONE (1) PROOF OF OWNERSHIP: Recorded Grant, Warranty, Joint Tenancy Deed or similar Deed. Generally, a Special Warranty Deed must be accompanied by a Title Report; a Quitclaim Deed is acceptable when accompanied by a Title Report. flpQlieaxi : fYl"r ie. 1Ylo04 joinery 5635 40Y 9s -Fb,l trOP)GtUf, i92 Sb4zb �a2�� 3�D 3ao� mmorll7,�y�,rr�6�q � 9ma,1, co+r\ 00-7-,W8 gis.mohavecounty.us 74 ...r,.. y,.,.._y r ..... 22000, u 228- 39 -001, 004 thru 018, 018 cm N^1 • g bs 02.4 Feet OM am i. 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LENC',T' DTLAM SIZII 6'+ TO 6' 4" x'W' 20' TO 24 4'•X 12" 24' +TO 30' MAX 4" x 14" r SECTION 35 IP T N 3 T19N R22W 'N T 22 N 21 U,BJ T 20 N ERTY PROP IT 119 j N, j T N T 17 N T 16 VIN T 16 T77-77 T < 15 N va T 14 C o 13 N T 12 N AL DITAT PEUS L I N I 1864 T 1 . 0 SECTION 35 T 19 N/ R 22 W SlERLIZ' UP239 • MP238 • L I A# fl ZW� 02 JP237 SUBJECT ■ Sam Beffli'lin jo kfP230 PROPERTY ■ Af,96 ---- CJ l. a 5 VP235 PAD4 a 2 D"PEll /Al if L'J SECTION 35 T19N,R22W m� � ■tl 1� SECTION 35 T19N,R22W L'J SECTION 35 T19N,R22W Zoning Map A Evaluation of a request for a ZONING USE PERMIT on Assessor's Parcel Nos. 226 -39 -001, 226 -39 -004, 226 -39 -005, 226 -39 -006, 226 -39 -007, 226 -39 -008, 226 -39 -009, 226 -39 -010, 226 -39 -011, 226 -39 -012, 26 -39 -013, 226 -39 -014, 226 -39 -015, and 226 -39 -018 for a public institution (elementary school) in a C -2H (General Commercial Highway Frontage) AIR, �CFb�+re::r I I Barbara Hitzel To: Cc: Subject: Attachments: Good Morning Debbie, Debbie Francis Christine Ballard 081715 DS BOS Agenda Items 081715 BOS Agenda Items.doc There are two items that will be forwarded to your office after the County Attorney's approval. I have left instructions to have them submitted to you by 12:00 p.m. Thursday, August 6, 2015. Please note: the Zoning Use Permit item will be heard at the August 12, 2015 Planning and Zoning Meeting. Depending on the outcome, it may be on the Consent Agenda, or it may be on the Regular Agenda. I will let you know the outcome and we will fill in the missing information on the Board Action Form, when it is available. Please let me know if you have not received any of the items by the deadline. Thank you for all your help, Planning & Zoning Division a e County Development Services P eY928- 757 -09031 Fax: 928-757-0936 ro. ar° ;3250`E Kino Ave, Kingman, AZ 86409 August 17, 2015 BOARD OF SUPERVISORS MEETING X. Adoption of BOS Resolution No. 2015 -126 - ZONING USE PERMIT on Assessor's Parcel Nos. 226 -39 -001, 226 -39- 004, 226 -39 -005, 226 -39 -006, 226 -39 -007, 226 -39 -008, 226 -39 -009, 226 -39 -010, 226-39-011, 226 -39- 012, 226 -39 -013, 226 -39 -014, 226 -39 -015, 226 -39 -018, fora public institution (elementary school) and associated office and storage in a C -2I -1 (General Commercial Highway) zone, in the South Mohave Valley vicinity (northeast corner of Pinion Road and Frontage Road located cast of State Highway 95), Mohave Canty, Arizona. (Commission recommended K XXXXX by XXXXXXI vote at the August 12, 2015 Planning and Zoning Commission meeting) CONSENT AGENDA PUBLIC HEARING REGULAR AGENDA NICHOLAS S. HONI', P.E., DEVELOPMENT SERVICES DIRECTOR: X. Sitting as the Board of Directors for the Mohave County Flood Control District: Adoption of Mohave County Flood Control District Resolution 2015 -06 - granting a variance from the current Federal Emergency Management Agency (FIHIMA) and Arizona State regulatory elevation requirements for structures constructed on Assessor's Parcel Numbers 120 -05 -193 and 120 -05 -194, Section 21, Township 14 North, Range 20 West, in the North Lake Havasu City vicinity (southeast corner of London Bridge Rd. and E Lake Dr. intersection), Mohavc County, Arizona, based on the detailed studies accepted by FEMA.