Vote: approved

Item Text

PZ-3. SPRINT COTTON LANE BAPTIST CHURCH Z2014077 Supervisor District: 4 Applicant/Owner: Coal Creek Consulting/Cotton Lane Baptist Church Request: Major Amendment to a Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 72’ monopole in the Rural-43 Military Airport and Ancillary Military Facility (MAAMF) zoning district Site Location: Located approximately 1,300 ft. from the northwest corner of Cotton Ln. and Bethany Home Rd. in the Waddell area Site Size: Approximately 1,845 square feet of an approximately 5 acre parcel County Island Status: N/A Additional Comments: At the 3/26/15 Commission hearing, the case was moved from the Consent agenda to the Regular agenda since Commissioner Muller requested the item be moved over for concerns with the existing 6’ (h) chain link screening of the facility. Commission Recommendation: On 3/26/15, the Commission voted 6-2 (Commissioners Burrows and Muller dissent) to recommend approval of Z2014077 subject to conditions ‘a’ – ‘n’: a. Development of the site shall comply with the Site Plan “Site Name: Cotton Lane Baptist Church”, consisting of nine (9) full-size sheets, stamped received February 10, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Sprint WCF PH80XC109”, consisting of four (4) pages, stamped received February 10, 2015, except as modified by the following conditions. c. The overall height of the monopole with attachments shall be limited to 72’ (h). d. All necessary building permits must be obtained for the upgrades to the monopole and associated equipment. e. 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. f. The applicant/owner shall submit a written report outlining the status of the development at the end of five (5) 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. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. The following Flood Control District condition shall apply: 1. A floodplain use permit must be obtained prior to any development on this property (concurrent with application for building permit). i. The following Maricopa County Department of Transportation (MCDOT) condition shall apply: 1. If there are improvements within Cotton Lane, a required a Right-of-Way (R/W) permit will be needed. The R/W permit is separate from the building permit and is required as part of building permit process. j. The following Drainage Review conditions shall apply: 1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Engineering 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 Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. 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. l. Non-compliance 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). m. 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. 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-44-15-075-M-00)