Vote: held

Item Text

PZ-2. LAWN CUTTERS Case #: Z2014079 Supervisor District: 1 Applicant/Owner: David Ullrich, for T-Mobile / Daniel Todd Sayer Request: A Special Use Permit (SUP) for a Wireless Communication Facility (WCF) - 80’ monopole stealth designed as a palm tree in the Rural-43 zoning district Site Location: Southeast corner of Chandler Heights Rd. and 122nd St. in the Chandler area Site Size: Approximately 552 sq. ft. of a 2 acre parcel County Island Status: Class 1 (City of Chandler) Additional Comments: Staff provided the Planning and Zoning Commission a handout with an updated letter in opposition from the Chandler Heights Estates HOA. A copy of the opposition is attached with the Board of Supervisors report. Commission Recommendation: On 5/21/15, the Commission voted 7-0 to recommend approval of Z2014079 subject to conditions ‘a’ – ‘j’ to include additional language to condition ‘a’ for a solid screening wall and elimination of staff recommended condition ‘d’. Due to the elimination of staff recommended condition ‘d’, staff has re-labeled all conditions as ‘a’ – ‘i’ as follows: a. Development of the site shall comply with the site plan entitled “T-Mobile – Zoning Case: Z2014079 – Site Number: PH10542A - Site Name: Lawn Cutters“, consisting of four (4) sheets, stamped received April 17, 2015, except as modified by the following conditions. Revised site plan shall be submitted within 30 days of BOS approval to include a solid screening wall. b. Development of the site shall be in conformance with the narrative report entitled “Special Use Permit – Project Narrative Z2014079, Lawn Cutters Nursery, T-Mobile Site – PH10542”, consisting of six (6) pages including coverage map exhibit, stamped received February 18, 2015, except as modified by the following conditions. Revised narrative report shall be submitted within 30 days of BOS approval to address the WCF use only. c. The overall height of the monopalm with attachments shall be limited to 80’ (h). d. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. e. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing fronds or branches shall be replaced within 60 days of such damage occurring. f. This Special Use Permit shall expire 25 years from the date of approval by the Board of Supervisors, for a period of 90 or more consecutive days, 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. g. The following Engineering Review conditions shall apply: 1. Roadways reviews of planning and/or zoning cases are for conceptual design only and do not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with current County Design Standard. 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. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance or other applicable Maricopa County Ordinance or regulations. i. 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 allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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 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-44-15-100-M-00)