Vote: approved

Item Text

PZ-1. AT&T AT EL MIRAGE FIESTA Case Number: Z2013063 Supervisorial District: 4 Applicant: FM Group, Inc. Owner: KIMCO/De Rito El Mirage LLC Request: Modification of Stipulations for an approved Wireless Communication Facility (proposed 65’ (h) monopole designed as a palm tree) Special Use Permit (SUP) in C-S zoning district Site Location: North of Williams Drive and east of El Mirage Road (in the Surprise area) Site Size: Approx. 0.11 acres Commission Action: By a vote of 7-0, recommended approval subject to conditions “a” through “t” as follows as follows: a. Development of the site shall comply with the Site Plan entitled “AT&T Modification of Conditions for Site El Mirage Fiesta”, consisting of five (5) full-size sheets dated July 29, 2013 and stamped received August 5, 2013 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Application for Modification of Conditions to SUP Z2012007 to increase the height of the screen wall from 6’ -0” to 10’ -6” consisting of twenty (20) pages dated revised July 31, 2013 stamped received August 5, 2013, except as modified by the following conditions. c. The tower base and equipment shall be screened with a 10’-6” (h) CMU wall measuring approximately 40’ x 23’. d. 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. e. The following Drainage Review conditions 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. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. h. Prior to zoning clearance developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. i. Any building permits obtained in relation to this approval will not serve to satisfy stipulation ‘p’ of Z2009081. j. The maximum height of the Wireless Communication Facility shall be limited to 65 ft. k. A Minor Amendment of this SUP shall be required to co-locate future carriers on the monopole. If a stealth design is required, stealth attributes must be maintained with any co-location. l. 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. m. 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. n. The applicant shall submit a written report outlining the status of the development at the end of two (2) and eight (8) years from the date of approval by the Board of Supervisors (September 12, 2012). The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. o. Unless otherwise required by a state or federal law, rule or regulation, emergency electrical generation equipment shall not be installed on the subject property. Should a temporary emergency generator be required, it shall be placed in the SUP area until permanent power is restored and removed from the property within 48 hours. p. 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. q. 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). r. 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. s. 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. In the event of the failure to comply with any condition, 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, agreed that either revocation due to the failure to comply with any conditions, 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. t. The wireless communication tower stealthed as mono-palm, shall be maintained to retain the stealth properties intended by the design. Any damaged or missing fronds or branches shall be replaced within 60 days of such damage occurring. (C-44-14-016-M-00)