Vote: held

Item Text

PZ-3. LINDSAY PALM PROPERTY Case #: Z2015019 Supervisor District: 1 Applicant/Owner: David Ullrich/Phalavann Ea 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: Generally located 400’ south and west of the intersection of Appleby Rd. and Lindsay Rd. Site Size: Approximately 500 sq. ft. of 1.06 ac. parcel Additional Comments: Staff has calculated the opposition received, and notes that a Super Majority Vote has been triggered. The trigger is when 20% or more of property owners within a 300’ radius of the subject site, by both number and area register opposition to the case. The opposition received accounts for 8 property owners with an area of 603,119 sq. ft. 66.85% opposed parcel acreage within 300’ buffer 61.54% opposed parcel numbers within the 300’ buffer Commission Recommendation: On 8/6/15, the Commission voted 5-1 (Commissioner Muller dissenting) to recommend approval of Z2015019 subject to conditions ‘a’ – ‘h’: a. Development of the site shall comply with the Site Plan entitled “PH30547F, Lindsay Palm)”, consisting of five (5) full-size sheets, dated May 12, 2015, and stamped received July 16, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “T-Mobile Site – PH30547F – Lindsay Palm Property”, consisting of four (4) pages, dated Revised May 14, 2015, and stamped received July 16, 2015. c. The height of the wireless communication facility shall be limited to 70’ including all antennas and attachments. 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 30 years from the date of approval by the Board of Supervisors, or upon termination of the use for a period of 90 days or more. All of the site improvements shall be removed within 60 days of such termination or expiration. g. 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. h. 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-44-16-011-M-00)