Vote: held

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PZ-5. WCF AT&T X131DD – OHMART COLT RANCH Case #: Z2010078 P&Z Agenda Item: 5 Supervisor District: 1 Applicant: Coal Creek Consulting Owner: Tom Ohmart Request: Special Use Permit (SUP) for a 65’ (h) Wireless Communication Facility (WCF) located in the Rural-43 zoning district and in Wireless Communication Facility Use District 1. Site Location: Generally located near the NEC of Warner Rd. and Loop 101 Hwy on Colt Rd. Site Size: Approx. 1,085 sq. ft. within a 1.8 acre parcel Commission Recommendation: Approval by a vote of 9-0 subject to the following conditions ‘a’ – ‘n’: a. Development of the site shall comply with the Site Plan “ATT Site Name: Ohmart Colt Ranch”, consisting of eight (8) sheets, stamped received on August 20, 2014, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Project Name: AT&T X131- Ohmart Colt Ranch”, consisting of five (5) pages, stamped received June 18. 2014, except as modified by the following conditions. c. The overall height of the new flagpole and all attachments shall be limited to 65’ (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 monopalm 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 20 years from the approval of the Board of Supervisors (BOS) h. The following Planning Engineering 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. 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. All necessary building permits must be obtained for proposed changes. k. 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. l. 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. m. 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). 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-44-15-027-M-00)