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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. 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View to east from Hwy 93 ri Al I vd 4 r I a r =PP ARO X IMATE TOWER „� .. °.q A y” t °.q r VeL View to west from Hwy 93 i , - n d ?.,� � � 4; "F r ~ � a fTV f ^15l I^ ' ,.•w,cy � ��fi'+ 'e'"' X �. .. , ^.`�)q�^ I' • - �,��� . �- �--} rib-. '�t>r =r E� - L;�"`^s-4+i..�" l- .h�iL: � -r�- "F i�'.•a Y 7 n KMs 'tii4�si�.�.�yiw7 f - rW� . r VeL View to west from Hwy 93 View to north from Hwy 93 right -of -way