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MICROALMED
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970 11 65 BK 2841 F'G 322
OFFICIAL RECORDS OF MOHAVE COUNTY, .
JOAN MC CALL, MOHAVE COUNTY RE<:DRDE!
01/08/97 03:44P PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
RESOLUTION NO. 97-4
A RESOLUTION SETTING FORTH AN AMENDMENT TO BOS RESOLUTION NO. 92-346
SETTING FORTH A ZONING USE PERMIT ON A PORTION OF LOT 4, LAKE HA V ASU
ACRES, UNIT 2, IN THE Wy, NWV. NEV. OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 19
WEST, FOR A CELLULAR TELEPHONE COMMUNICATIONS FACILITY IN AN A-R/36A
(AGRICUL TURAL-RESIDENTIALrrHIRTY_SIX ACRE MINIMUM LOT SIZE) ZONE, IN THE
LAKE HA V ASU CITY AREA, MOHA VE COUNTY, ARIZONA.
WHEREAS, the language to be added has been bolded; language to be deleted has been:l!ffiek, and
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on January
6, 1997, a public hearing was conducted to determine whether an Amendment to BaS Resolution No. 92-
346, setting forth a Zoning Use Permit for a cellular telephone communications facility, should be granted
for the above described property as requested by Bruce Mitchell, P.E., Right-of-Way Supervisor, Citizens
Mohave Cellular Company, Kingman, Arizona, and
WHEREAS, Section 29 is located two (2) miles east and approximately eight (8) miles south of the
Interstate 40 (1-40) Lake Havasu interchange. The site is approximately two (2) miles south southeast of
Section 7 in which the Havasu Heights subdivision is located. The site is accessed from Highway 95
through Havasu Heights then along unimproved, unnamed roads, and
WHEREAS, this site is being leased by Citizens Utilities Company. This site is currently vacant.
Surrounding land uses consist of Havasu Heights to the north and the remainder being vacant land. The
applicant proposes to place a 12.foot by 20-foot (12' x 20') building and tift) (50') ninety (90') foot self-
supporting tower to establish a communications facility, and
WHEREAS, the applicants request this Amendment to BaS Resolution No. 92-346, approving a
Zoning Use Permit for a cellular telephone communications facility, to increase the height of the existing
tower from 50 feet to 90 feet to allow for additional radios and requisite antennas, and
and
WHEREAS, the Mohave County General Plan designates this area as a Rural Development Area,
WHEREAS, a review ofFEMA FIRM Panel #040058-3000B indicates the parcel described to be
in Zone C, not in the FEMA Special Flood Hazard Area, and
WHEREAS, the following described Findings of Fact are for the above captioned item:
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PAGE 2 OF 3
BK 2841 PG 323 FEE~970 !l65
RESOLUTION NO. 97-4
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 site has legal access.
e. There are no significant environmental features affecting the site.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
December 11, 1996, the Commission recommended APPROVAL for the proposed Amendment to BaS
Resolution No. 92-346 setting forth a Zoning Use Permit subject to the following:
1. This Zoning Use Permit is for a cellular telephone communications facility with a tower
not to exceed ninety feet (90') in height and activities related thereto.
+: 2. The applicant comply with all applicable provisions of Sections 25, 26, 27, and 31 of the
Mohave County Zoning Regulations. Compliance with Section 27.P (Site Plan
Requirements) and Ordinance 87-1 (Dark Sky Ordinance) is also required.
;;; 3. That appropriate zoninglbuilding/environmental permits be obtained.
37 4. If construction or use has not commenced within one (I) year of Board approval of the
Zoning Use Permit or if the use has been discontinued for six (6) months, then approval shall
terminate at that date.
4: 5. This Zoning Use Permit is subject to revocation upon sixty (60) days notification by the
Board of Supervisors, ifin the opinion of the Commission and Board the continued use of
the property would be contrary to the public health, safety, and welfare.
5-: 6. Require Citizens Utilities Company erect barrier(s) to prevent access to the tower site at
appropriate location(s) on the access road.
67 7. If these conditions are not met within one (I) year this approval shall be void. If at the
expiration of this period the property has not been improved for the use for which it was
conditionally approved, the Board after notification by registered mail to the owner and
applicant who requested the Zoning Use Permit 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 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, December 21, 1996, and posted December 20, 1996, as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
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BK 28+1 PG 324 FEE~9701165
RESOLUTION NO. 97-4
Page 3
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, January 6,1997, APPROVED this Amendment to BaS Resolution No. 92-346 setting forth
a Zoning Use Permit as recommended by the Mohave County Planning and Zoning Commission and
outlined herein.
MOHA VE COUNTY BOARD OF SUPERVISORS
dA1fJt4 ~~
Carol S. Anderson, Chairman