Vote: held

Item Text

PZ-3. PHX-MAGNOLIA Case #: Z2015032 Supervisor District: 4 Applicant/Owner: Michelle Dahlke (Shaw and Associates) / Anthony and Sherry Thomas Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 80’ monopole stealth designed as a pine tree in the Rural-43 zoning district. Site Location: Located approximately 588’ from the NWC of Durango St. and 203rd Ave. in the Buckeye area. Site Size: Approximately 1,440 sq. ft. of an 8.89 ac. parcel County Island Status: Class II (City of Buckeye) Additional Comments: N/A Commission Recommendation: On 9/10/15, the Commission voted 5-1 to recommend approval of Z2015032 subject to conditions ‘a’ – ‘h’. a. Development of the site shall comply with the Site Plan entitled “Verizon Wireless PHO Magnolia”, consisting of six (6) full-size sheets, dated July 8, 2015, and stamped received July 20, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Verizon Wireless PHX-Magnolia Wireless Communication Facility”, consisting of seven (7) pages, dated revised July, 2015, and stamped received July 20, 2015. c. The height of the wireless communication facility (tower, antennas and all attachments) shall be limited to 80’. d. A Minor Amendment will not be required to co-locate future carriers on the Wireless Communication Facility if the concealment element is maintained. 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 20 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-44-16-017-M-00)