Vote: approved

Item Text

PZ-4. PHO TELEGRAM PATH Case #: Z2015001 Supervisor District: 5 Applicant/Owner: Michael Campbell - Verizon Wireless Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 70’ monopole stealth designed as a palm tree in the Rural-43 zoning district Site Location: Approximately at the SWC of Tuthill and Teepee Roads in Rainbow Valley Site Size: Approximately 1,159 sq. ft. of a 3.3 acre parcel County Island Status: NA Additional Comments: N/A Commission Recommendation: On 4/9/15, the Commission voted 7-0 to recommend approval of Z2015001 subject to conditions ‘a’ – ‘m’: a. Development of the site shall comply with the site plan entitled “Site Name: PHO TELEGRAM PATH, request for special use permit for WCF in R1-35 zoning district, Case #: Z2015001“, consisting of six (6) sheets, stamped received February 26, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the narrative report entitled “VERIZON WIRELESS TELEGRAM PATH”, consisting of six (6) pages, stamped received February 26, 2015, except as modified by the following conditions. c. The overall height of the wireless communication facility including all attachments shall be limited to 70’. d. All necessary building permits must be obtained for proposed structures. e. This Special Use Permit shall expire 25 years from the date of approval by the Board of Supervisors or upon termination of the use for a period of at least 90 days, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. f. The applicant 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. In the event the artificial palm fronds are displaced from the monopalm, they shall be replaced within 30 days. h. There shall be no co-location unless the future carrier can place the antennas in a growth pod, and not interfere with the stealth design. A Minor Amendment shall be required to co-locate future carriers provided the carrier can place their equipment within the existing compound. i. 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. j. 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. k. Noncompliance with the conditions of approval will be treated as a violation in accordance with Chapter 14 (Violation and Penalty) of 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 the Maricopa County Zoning Ordinance. 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. 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-44-15-082-M-00)