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HomeMy WebLinkAbout92-398 n---' ~ . ) /0 ("\~ '\) -.. . , 3. ~ .lliD_E.XB] fJ:C.iOFiLMED ~92- 67583 BK 2146 PG 844 OFFICIAL RECORDS OF NOHAVE COUNTY AI. *JOAH McCALL, MOHAVE COUNTY RECORDER* 12/08/92 4:00 P.n. PAGE 1 OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 He RESOLUTION NO. 92-398 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME FOR THE REZONING OF SECTION 8 AND PORTION OF SECTIONS 5 & 17, TOWNSHIP 16 NORTH, RANGE 19 WEST, FROM: A-R/36A (AGRICULTURAL RESIDENTIAL/THIRTY SIX ACRE MINIMUM LOT SIZE) ZONE, PROPOSED TO BE: M-X (HEAVY MANUFACTURING) ZONE, LOCATED IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 7, 1992, a public hearing was conducted to determine whether approval should be granted to FRANCONIA TECHNOLOGIES, represented by Steve Smith of Tempe, ~0 Arizona, for the rezoning of Section 8 and portions of Sections 5 and 17, Township 16 North, Range 19 West, from the existing A- R/36A (Agricultural Residential/Thirty-Six Acre Minimum Lot Size) zone to M-X (Heavy Manufacturing) zone, located north of the Franconia/I-40 Interchange in the Mohave County General area, and WHEREAS, this parcel is best accessed by Interstate 40 at the Franconia Station Interchange at Mile Post 13.5. It can be located in the south 330 feet of Section 5 and Section 8 and the portion of Section 17 north of the 1-40 right-of-way, Township 16 North, Range 19 West excepting the Atchison, Topeka & Santa Fe Railway right-of-way and station 'grounds, and ~'.. --.-- - . Resolution No. 92-398 . Page 2 ., PAGE 2 OF :3 EK 21~6 PG 845 (FEEt92-67583) WHEREAS, Resolution 90-15 was the original zoning resolution which provided for the proposed recycling facility. Resolution 90-289 provided for some modifications to the siting of the facility per requirements from Arizona Department of Environmental Quality (ADEQ). Resolution 91-315 provided for additional modifications to the siting of the facility based on further discussions with the applicant and the following agencies: ADEQ, Federal Emergency Management Agency (FEMA), Atchison Topeka & Santa Fe Railroad (AT&SF), State Historical Preservation Officer (SHPO), and WHEREAS, Resolution 90-15 provided for an extension of time in Condition #19 as follows (emphasis added): 19. The owner/developer/operator(s) must commence development of this property through the design of plans for the elevated roadway and purchase of legal right-of-way, the submittal to the Arizona Department of Environmental Quality for permitting approval for the purpose as outlined and conditioned herewith and be able to show proof of same within one (1) year of the approval of this rezone. Extensions of time may be granted in one (1) year increments by the Board of Supervisors upon request by the applicant or his assign. Failure to do so will revert the zoning of this property back to its prior classification, namely, A-R/36A (Agricultural-Residential/Thirty Six Acre Minimum). Any request for extension shall be granted if the Board concludes that due diligence is being exercised to develop the property in accordance with the conditions enumerated. WHEREAS, the applicant has indicated in his letter of request for an extension of time a number of items indicating actions taken since the rezone approval was granted by the Board. The Planning Commission evaluated these items to determine if "due diligence" has been exercised and concluded that the actions "'\ . Resolution No. 92-398 . Page 3 .. .......--"'- - , PAGE J OF 3 BK 21~6 PG 846 (FEE~92-67583) taken do constitute "due diligence" as requested by the Board of Supervisors, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 18, 1992, the Commission recommended conditional APPROVAL of the requested extension of time with the applicant understanding and accepting the following conditions: 1. Compliance with all conditions of Resolutions 90-15, 90-289, 91-30 and 91-315. 2. This extension of time be granted for this use until February 21, 1994. WHEREAS, the notice of hearing was published in the Kingman Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, on November 21, 1992, and posted November 20, 1992 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, December 7, 1992 approved the granting of this extension of time for a conditional Zone Change as recommended by the Mohave County Planning and zoning outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS *~;C Cha~rman