Vote: held

Item Text

PZ-3. WCF T-MOBILE PH10146C- FLAGPOLE NAZARENE Case #: Z2011080 P&Z Agenda Item: 3 Supervisor District: 3 Applicant/Owner: Pinnacle Consulting Inc. for Carefree Church of the Nazarene Request: Major Amendment to Special Use Permit (SUP) Z98-102v for replacement of Wireless Communication Facility (WCF) – replace existing 71’ (h) flagpole with a new 80’ (h) flagpole. Located in the RU-43 zoning district and in Wireless Communication Facility Use District 1 Site Location: Generally located on east side of 7th St. approx. ¼ mile north of Carefree Hwy. Site Size: Approx. 257 sq. ft. within a 4.6 acre parcel Commission Recommendation: The Commission voted 4-2 (Commissioner Muller & Commissioner Johnson opposed) to recommend approval of Z2011080 subject to the following conditions ‘a’ – ‘n’: a. Development of the site shall comply with the Site Plan “T-Mobile: Desert Hills Church”, consisting of seven (7) full-size sheets, stamped received April 8, 2014, except as modified by the following conditions. The applicant shall provide a revised Site Plan within 30 days of BOS approval which removes all references to case Z2000115 and provides reference to SUP case Z98-102v, shows the ultimate height of the proposed flagpole as 80’ (h), changes the height of the CMU wall on the west side of the equipment compound from 5’ (h) to 10’ (h), and adds a 10’ (h) CMU wall on the east side of the equipment compound where the existing 4’ (h) wrought iron fence exists. b. Development of the site shall be in conformance with the Narrative Report entitled “Project Name: PH10146C”, consisting of five (5) pages, stamped received April 8, 2014, except as modified by the following conditions. The applicant shall provide a revised Narrative Report within 30 days of BOS approval which removes all references to case Z2000115 and provides reference to SUP case Z98-102v, explains the ultimate height of the proposed flagpole as 80’ (h), changes the height of the CMU wall on the west side of the equipment compound from 5’ (h) to 10’ (h), and adds a 10’ (h) CMU wall on the east side of the equipment compound where the existing 4’ (h) wrought iron fence exists. c. The overall height of the new flagpole and all attachments shall be limited to 80’ (h). 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 wireless communication tower stealthed as a flagpole 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. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. This Special Use Permit shall expire on April 7, 2024, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the WCF site improvements shall be removed within 60 days of such termination or expiration. h. 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. Modification(s) of the conditions of approval shall be considered a Major Amendment. i. The following Planning Engineering conditions shall apply: 1. The subject project is within a Zone AE delineated 100 – year (one percent chance) floodplain as part of the Desert Lake Wash. Prior to any development, a Floodplain Use Permit must be procured. 2. 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. 3. 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. j. 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). k. 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. 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. All necessary building permits must be obtained for proposed changes. n. 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-44-15-011-M-00)

Vote: held

Item Text

PZ-1. WCF T-MOBILE PH10146C- FLAGPOLE NAZARENE Case #: Z2011080 P&Z Agenda Item: 3 Supervisor District: 3 Applicant/Owner: Pinnacle Consulting Inc. for Carefree Church of the Nazarene Request: Major Amendment to Special Use Permit (SUP) Z98-102v for replacement of Wireless Communication Facility (WCF) – replace existing 71’ (h) flagpole with a new 80’ (h) flagpole. Located in the RU-43 zoning district and in Wireless Communication Facility Use District 1 Site Location: Generally located on east side of 7th St. approx. ¼ mile north of Carefree Hwy. Site Size: Approx. 257 sq. ft. within a 4.6 acre parcel Commission Recommendation: The Commission voted 4-2 (Commissioner Muller & Commissioner Johnson opposed) to recommend approval of Z2011080 subject to the following conditions ‘a’ – ‘n’: a. Development of the site shall comply with the Site Plan “T-Mobile: Desert Hills Church”, consisting of seven (7) full-size sheets, stamped received April 8, 2014, except as modified by the following conditions. The applicant shall provide a revised Site Plan within 30 days of BOS approval which removes all references to case Z2000115 and provides reference to SUP case Z98-102v, shows the ultimate height of the proposed flagpole as 80’ (h), changes the height of the CMU wall on the west side of the equipment compound from 5’ (h) to 10’ (h), and adds a 10’ (h) CMU wall on the east side of the equipment compound where the existing 4’ (h) wrought iron fence exists. b. Development of the site shall be in conformance with the Narrative Report entitled “Project Name: PH10146C”, consisting of five (5) pages, stamped received April 8, 2014, except as modified by the following conditions. The applicant shall provide a revised Narrative Report within 30 days of BOS approval which removes all references to case Z2000115 and provides reference to SUP case Z98-102v, explains the ultimate height of the proposed flagpole as 80’ (h), changes the height of the CMU wall on the west side of the equipment compound from 5’ (h) to 10’ (h), and adds a 10’ (h) CMU wall on the east side of the equipment compound where the existing 4’ (h) wrought iron fence exists. c. The overall height of the new flagpole and all attachments shall be limited to 80’ (h). 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 wireless communication tower stealthed as a flagpole 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. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. This Special Use Permit shall expire on April 7, 2024, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the WCF site improvements shall be removed within 60 days of such termination or expiration. h. 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. Modification(s) of the conditions of approval shall be considered a Major Amendment. i. The following Planning Engineering conditions shall apply: 1. The subject project is within a Zone AE delineated 100 – year (one percent chance) floodplain as part of the Desert Lake Wash. Prior to any development, a Floodplain Use Permit must be procured. 2. 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. 3. 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. j. 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). k. 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. 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. All necessary building permits must be obtained for proposed changes. n. 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-44-15-011-M-00)