Vote: approved

Item Text

PZ-5. ST. CHARLES WIRELESS TOWER Case Number: Z2013024 Supervisorial District: 3 Applicant: Withey Morris, PLC Owner: Deer Valley Unified School District Request: Special Use Permit (SUP) for Wireless Communication Facility in the Rural-43 zoning district and in the Wireless Communication Facility Use District 1 Site Location: East of the southeast corner of Cloud Rd. and 7th Ave. (in the New River area) Site Size: Approx. 0.034 acres of a 64.45 acre site Commission Recommendation: By a 4-2 vote, recommended denial The staff recommendation was for approval subject to conditions 'a' - 'q' as follows: a. Development of the site shall comply with the Zoning Exhibit entitled “Deer Valley School X443-DD”, consisting of six (6) full-size sheets, stamped received April 19, 2013, except as modified by the following conditions. The applicant shall submit a revised site plan within 30 days of BOS approval that shows the correct CMU wall height and antenna mounting elevations. b. Development of the site shall be in conformance with the Narrative Report entitled “St. Charles Tower Deer Valley School X443-DD”, consisting of six (6) pages, stamped received April 19, 2013, except as modified by the following conditions. The applicant shall submit a revised narrative within 30 days of BOS approval that describes the correct CMU wall height and antenna mounting elevations. c. The overall height of the facility shall be limited to 80’ (h). d. The WCF facility and related ground equipment will be enclosed by a 8’ (h) CMU wall constructed of 8” hollow block. e. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. f. The following Drainage Review stipulations shall apply: 1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. i. Development of the site shall be in conformance with all Federal and State requirements, including but not limited to, Federal Communications Commission (FCC), Federal Aviation Administration (FAA), National Environmental Policy Act (NEPA), and State Historical Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary approvals prior to construction, and shall be accountable to those agency requirements, and penalties. j. This Special Use Permit shall expire twenty (20) years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. k. The applicant shall provide documentation showing legal access prior to zoning clearance. l. Prior to any development, a Floodplain Use Permit will need to be obtained from the Floodplain Management and Services Division of the Flood Control District. m. The applicant shall submit a written report outlining the status of the development at the end of two (2) and eighteen (18) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations. n. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. o. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). p. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. q. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-13-115-M-00)