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HomeMy WebLinkAbout99-434 INDEXED RESOLUTION NO. 99-434 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME FOR A ZONING USE PERMIT ON PARCEL 17-5, DIAMOND M RANCHES, UNIT 2, IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 10 WEST, FOR A WIRELESS COMMUNICATION FACILITY WITH A 250-FOOT TOWER AND RELATED EQUIPMENT IN AN A-R/36A (AGRICULTURAL-RESIDENTIAL/ THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on November 1, 1999, a public hearing was conducted to determine whether an Extension of Time for a Zoning Use Permit should be granted for the above-described property as requested by Todd E. Daoust, Real Estate Manager for American Tower Corporation, Western Region-Arizona Office, Phoenix, Arizona, the new property owners who purchased all the Communications Systems Development (CSD) assets on May 12, 1999, and WHEREAS, this property is located north of Interstate 40, between Diamond M Ranch Road and Fort Rock Road. The site is accessed from Interstate 40 via north on Fort Rock Road to Diamond M Ranch Road, then north on Diamond M Ranch Road approximately one mile to the northwestern comer of Parcel 17-5. The proposed site is located approximately 200 feet south and west of the northeastern comer of the parcel and is shown on Exhibit "A.' The property has a single-family ranch house and several accessory buildings on it and the terrain is gently rolling hills. The surrounding land uses consist of vacant parcels and with several scattered single-family residences in the area. There are no significant drainage patterns. The Mohave County General Plan designates this area as a Rural Development Area, and WHEREAS, this Zoning Use Permit was conditionally approved by the Mohave County Board of Supervisors on September 8, 1998 per BOS Resolution No. 98-330, and WHEREAS, the applicant requested in a letter dated August 4, 1999, that the Zoning Use Pem~it be extended for one year. The letter stated that American Tower Corporation needs time to satisfy all the conditions after purchasing the Communications Systems Development (CSD) assets, and WHEREAS, the property owner has not accomplished any of the conditions of approval as required by BOS Resolution No. 98-330, and WHEREAS, this will be the first Extension of Time for this property, mad RESOLUTION NO. 99-434 Page 2 WHEREAS, a review of FEMA FIRM Panel #040058-2425B indicates the parcel described to be in Zone D. A determination cannot be made on the FIRM map, and WHEREAS, the following described Findings of Fact are for the above-captioned item: a. All notices have been advertised mad posted according to regulations. b. The proposed action and 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 enviroamental features affecting the site. g. This request complies with the Extension of Time Policy. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on October 13, 1999, the Conmfission recommended APPROVAL for an Extension of Time for a Zoning Use Permit subject to the following: 1. Compliance with the conditions of BOS Resolution No. 98-330. 2. In addition, the tower will not be constructed until the applicant has a signed and approved lease with a licensed communications user. 3. This Extension of Time will be in effect until September 8, 2000. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, October 13, 1999, and posted on October 15, 1999, 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, November 1, 1999, DENIED this Extension of Time for a Zoning Use Permit after considering the recommendation from the Mohave County Planning and Zoning Commission for the following reason: Applicant has not developed the site. Further, the original applicant sold their business and the new xx\~l~llllgt~r may not require this site. ~;~ MOHA~E COUNTY BO~RD OF SUPERVISORS Johnso? Cbairman