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HomeMy WebLinkAbout04/02/2012 Item 009RESOLUTION NO. 2012-045
A RESOLUTION SETTING FORTH A ZONING USE PERMIT ON A PORTION OF
ASSESSOR'S PARCEL NUMBER 102 -75 -001, FOR A WIRELESS COMMUNICATION
FACILITY WITH A 250 -FOOT TOWER IN AN A -R (AGRICULTURAL- RESIDENTIAL /ONE
ACRE MINIMUM LOT SIZE) ZONE, IN THE NOTHING VICINITY, MOHAVE COUNTY,
ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 2,
2012; a public hearing was conducted to determine whether a Zoning Use Permit should be granted for
the above - described property as requested by Robert Smith of Pinnacle Consulting of Tempe, Arizona
representing T- Mobile of Tempe, Arizona, The property owner of record is Richard Kenworthy of Del
Rio, Texas, and
WHEREAS, Assessor's Parcel No. 102 -75 -001 is more particularly described as the N 1/2 NW
1/4 NW 1/4 SW 1/4 of Section 8, Township 13 North, Range; 10 West, and
WHEREAS; this property is located north of U.S. Highway 93 at Nothing, Arizona. The site is
accessed directly from U.S. Highway 93. The property is currently zoned A -R (Agricultural -
Residential /One Acre Minimum Lot Size), and is vacant except for two small accessory buildings and a
sign that were related to a former non - conforming commercial use that is no longer in operation. The
terrain is rolling hills. Two high - voltage transmission lines on steel lattice towers cross from northwest
to southeast, approximately one - eighth (1/8) of a mile north of the property. The property is the location
that was formerly developed as "Nothing" and had a rock shop and small travel stop that have been
abandoned. There are no residences in the vicinity. The property is not in an established fire district,
and
WHEREAS, the applicant requests this Zoning Use Permit to allow for a wireless
communication facility with a, 250 -foot tower in an A -R (Agricultural- Residential /One Acre Minimum
Lot Size) zone. The Mohave County General Plan designates this area as a Rural Development Area;
and
RESOLUTION NO. 2012 -045 PAGE 2
WHEREAS, a variance was approved by the District I Board of Adjustment on February 15,
2012, to allow the increase in tower height from 195 feet to 250 feet, as provided in Section 27.U.E.2.d,
and to allow reduced setbacks from property lines. The applicant indicates that the proposed site
location and tower height were specifically selected due to the topography of the area and the need to
complete links between towers. The applicant indicates that the design presents the minimum elevation
that will provide for reliable function and access to the market area and allow co- location of other .
carriers on the tower to minimize the number of towers in the area, and
WHEREAS, the proposed location is within one mile of U.S. Highway 93, which is a
designated scenic route identified in the Mohave County General Plan, Exhibit V.7: Section 27.U.E. Lh
of the Mohave County Zoning Ordinance provides that within one mile of the scenic routes and vistas,
as identified in the Mohave County General Plan, Exhibit V.7, new facilities may be approved when
existing communication towers or other structures such as high - voltage transmission line towers are
present, or when the Board finds that the establishment of a wireless communication tower would not
substantially interfere with the scenic nature of the area. The presence of the two high voltage
transmission lines in the vicinity will allow approval of this site, and
WHEREAS, a review of FEMA FIRM Panel 4040058 -640OG indicates the parcel described to
be in Zone X, not in the Special Flood Hazard Area, and
FINDINGS OF FACT:
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.
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 does not contain other communication towers but does have nearby
high voltage transmission lines on steel towers.
e. The ,site has legal access.
f. The topography of the area is a significant environmental feature affecting the site.
g: The nearest wireless communication tower is located approximately seventeen (17) miles
to the northwest, near Wikieup, Arizona.
h'. There are no airports in the vicinity.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on March 14, 2012, the Commission recommended APPROVAL for a Zoning Use Permit subject to the
following:
This Zoning Use Permit is for a wireless communication facility with a 250 -foot
maximum height tower in an A -R/36A (Agricultural- Residential /Thirty -Six Acre
Minimum Lot Size) zone, with the related equipment and the activities related thereto.
2. The applicant shall allow co- location on the tower of other carriers and other compatible
uses.
RESOLUTION NO. 2012-045
PAGE 3
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.
4. The applicant shall comply with all applicable regulations of the Federal Aviation
Administration (FAA) and will coordinate with the FAA for any conflicts with any
published Military Low Level Training Routes. Written proof of notification to the FAA
is required to be submitted with the site plan..
5. The applicant will coordinate with the Air Space Management. Division at Luke Air
Force Base, Arizona for any conflicts with the Military Low Level Training Routes
managed by them. Written proof of notification to the Air Space Management Division
is required to be submitted with.the site plan.
6.. The applicant will coordinate with the Arizona Department of Transportation (ADOT) on
the location of the tower with its proximity to U.S. Highway 93 and provide an
engineered design so that in the event the tower were to fail it would not fall into the
ADOT right -of -way. Copies of correspondence with ADOT will accompany the site
plan.
The appropriate zoning, building, environmental, and floodplain permits will be obtained
prior to construction.
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 months,
then approval shall terminate at that date.
9. 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 March 18, 2012, and was posted on March
16, 2012, 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, April 2, 2012, APPROVED this Zoning Use Permit as recommended by the
Mohave County Planning and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
ATTEST
Buster D. Johnson, Chairman
Barbara Bracken, Clerk
8. Evaluation of a request for a ZONING USE PERMIT on a portion of Assessor's Parcel
Number 102 -75 -001, for a wireless communication facility with a 250 -foot dower in an A -R
(Agricultural- Residential/One Acre Minimum Lot Size) zone, in the Nothing 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 Robert Smith of Pinnacle Consulting of Tempe,
Arizona representing T- Mobile of Tempe, Arizona. The property owner of record is Richard
Kenworthy of Del Rio, Texas.
Assessor's Parcel No. 102 -75 -001 is more particularly described as the N 1/2 NW 1/4 NW 1/4
SW 1/4 of Section 8, Township 13 North, Range 10 West.
This property is located north of U.S. Highway 93 at Nothing, Arizona. The site is accessed
directly from U.S. Highway 93. The property is currently zoned A -R (Agricultural-
Residential/One Acre Minimum Lot Size), and is vacant except for two small accessory
buildings and a sign that were related to a former non - conforming commercial use that is no
longer in operation. The terrain is rolling hills. Two high- voltage transmission lines on steel
lattice towers cross from northwest to southeast, approximately one- eighth (1/8) of a mile north
of the property. The property is the location that was formerly developed as "Nothing" and had a
rock shop and small travel stop that have been abandoned. There are no residences in the
vicinity. The property is not in an established fire district.
The applicant requests this Zoning Use Permit to allow for a wireless communication facility
with a 250 foot lower in an A -R (Agricultural- Residential /One Acre Minimum Lot Size) zone.
The Mohave County General Plan designates this area as a Rural Development Area.
A variance was approved by the District I Board of Adjustment on February 15, 2012, to allow
the increase in tower height from 195 feet to 250 feet, as provided in Section 27.U.E.24 and to
allow reduced setbacks from property lines. The applicant indicates that the proposed site
location and tower height were specifically selected due to the topography of the area and the
need to complete links between towers. The applicant indicates that the design presents the
minimum elevation that will provide for reliable function and access to the market area and
allow co- location of other carriers on the tower to minimize the number of towers in the area.
The proposed location is' within one mile of U.S. Highway 93, which is a designated "scenic route
identified in the Mohave County General Plan, Exhibit V.7. Section 27.U.E.I.h of the Mohave
County Zoning Ordinance provides that within one mile, of the scenic routes and vistas, as
identified in the Mohave County General Plan, Exhibit V.7, new facilities may be approved
when existing communication towers or other structures such as high - voltage transmission line
towers are present, or when the Board finds that the establishment of a "wireless communication
tower would not substantially interfere with the scenic nature of the area. The presence of the
two high voltage transmission "lines :inthe vicinity will allow approval of this site.
A review of FEMA FIRM Panel 4040058 -640OG indicates the parcel described to be in Zone X,
not in the Special Flood Hazard Area.-
FINDINGS OF FACT:
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.
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 does not contain other communication towers but does have nearby
high voltage transmission lines on steel towers.
e. The site has legal; access.
f The topography of the area is a significant environmental feature affecting the site.
g. The nearest wireless communication tower is located approximately seventeen (17) miles
to the northwest, near Wickieup, Arizona.
h. There are no airports in the vicinity.
STAFF RECOMMENDATION:
Staff recommends APPROVAL for the proposed Zoning Use Permit subject to the following:
This Zoning Use Permit is for a wireless communication facility with a 250 -foot
maximum height tower in an A -R/36A (Agricultural- Residential /Thirty -Six Acre
Minimum Lot Size) zone, with the related equipment 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
establishing the use.
3. The applicant_ shall- comply with all applicable regulations of the Federal Aviation
Administration (FAA) and will coordinate with the FAA for any conflicts with any
published Military Low Level Training Routes. Written proof of notification to the FAA
is required to be submitted with the site plan.
4. The applicant will coordinate with the Air Space Management Division at Luke Air
Force Base, Arizona for any conflicts with the Military Low Level Training Routes
managed by them, Written proof of notification to the Air Space Management Division
is required to be submitted with the site plan,
The applicant will coordinate with the Arizona Department of Transportation (ADOT) on
the location of the tower with its proximity to U.S. Highway 93 and provide an
engineered design so that in the event the tower were to fail it would not fall into the
ADOT right -of way. Copies of correspondence with ADOT will accompany the site
plan.
6. The appropriate zoning, building, environmental, and floodplain permits will be obtained
prior to construction.
7. 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 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.
Deccinher 5, 2011.
Mohave Counly Development Services Department
P. O. Box 7000
Kingman, Arizona $6402-7000
APPI<It TLQN FOR A ZONING USE PEI2t44ITfZUFI
Dear Sir:
irt-r tr�s rt. •t uas•e
hereby request a Mohave County Zoning Use Permit to establish:
fPtoPosed Use) _AJ_-NQWlQ_Wfej N COMMunications a
and request that rate Board of Supervisors set This matter for public hearing following evaluation b ,, the
Planning and Zottmg Commission: Assessor Description:
Legal Description: 192 NV4t4 NW4 Cti1t4 GbNT ACRES 102 -01 - 002(102.7 3i7AO
Assessor's Parcel Number (APN). 102 -75 -001 813N 1OW
€'ressnt L; se of Property
Owner: (proof required *)
Owner Address: 8057 Vega _Vef0ff_Rd eel Rio, Tx 78W
wle. S �3 -0 77'x-1 l , ` 4
(Owners' Signature
'Ly,ab g, A -R/36A
SUIRMIT TEN (10) COPIVS OF 8tfi X I SITE NIAP AND THE VICINITY AtAP ALONG WITH
TEN (10) COPIES OF THIS FORM
(TO BE FILLED IN IF OWNER AND APPLICANT DIFFERENT)
Applicant's interest in the property, Lease and operation of Cell Site
Applicant: Robert P. Smith, AICP (Pinnacle Consulting for T- Mobile) Robed@AnvilPartners.net
Address: 8515 S Rural Road, Sufte 101
City: --_I em e ___State. AZ zip 85283
issuance of a
a. tommeneeamentofu.seor
may retluire a penalty fee.
Pliant: 623- 252 -2505
to the
*ONE. (f) PROOF OF OWNERSHIP: Recorded Grant, Warranty, Joint Tenancy Deed ar similar
Deed. Generally, a Special Warranty Deed must Ire accompanied by a Title Report; a Quitclaim
Deed is acceptable when accompanied by aTitle Report.
Date submitted _ Rcceived by:
pec: _ Receipt No.:
Ten (10) copies received:
Application: Other:
Sketch:
5978 W. Aurora Drive I Glendale, AZ 85308 1623-252-2505 1 Robert @AnvilPartners.net
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Evaluation of a request for a ZONING USE PERMIT on a portion of Assessor's Parcel Number
102 -75 -001, for a wireless communication facility with a 250 -foot tower in an A -R (Agricultural -
Residential /One Acre Minimum Lot Size) zone, in the Nothing vicinity, Mohave County, Arizona.
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