Vote: approved

Item Text

PZ-3. PHO DONATELA Supervisor District: 5 Applicant/Owner: Rick Shaw, for Verizon Wireless for Peggy Wooten Living Trust Request: Special Use Permit (SUP) for a Wireless Communication Facility in the Rural-43 zoning district and in Wireless Communication Facility Use District 1 Site Location: Southwest corner of 119th and Thomas Rd. (in the Avondale area) Site Size: 0.027 ac. (1,196 sq.ft.) of a 2.18 ac. site. Commission Recommendation: By a 6-0 vote, recommended approval subject to conditions ‘a’ – ‘r’: Provided the following conditions are met: a. Development of the site shall comply with the site plan entitled “PHO Donatela, Z2013058 – Request for a Special Use Permit”, consisting of five (5) full-size sheets, dated revised August 26, 2013, and stamped received September 27, 2013 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “PHO Donatela”, consisting of six (6) notarized pages, dated September 6, 2013, notarized September 7, 2013, and stamped received September 27, 2013 except as modified by the following conditions. c. 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. d. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. 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. g. 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 Rural/Metro Fire Department servicing the site. h. The maximum height of the Wireless Communication Facility shall be limited to 69’. 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. There shall be no co-location on the Monopalm unless the future carrier can place the antennas in a growth pod, and not interfere with the stealth quality of the monopalm. A Minor Amendment shall be required to co-locate future carriers on the monopalm provided the carrier can place their equipment within the existing compound. k. The 12’ (h) wall surrounding the equipment and monopalm shall be painted and texture to match the existing wall surrounding the Garden Park Subdivision. l. 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 sixty (60) days of such damage occurring. m. This Special Use Permit (SUP) shall expire 25 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) 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 conditions. o. 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. p. 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). q. 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. r. 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-44-14-052-M-00)