Vote: approved

Item Text

PZ-2. NEW RIVER 82410 WCF Case #: Z2015030 Supervisor District: 3 Applicant/Owner: Ken Lyons / Jimmy A. and Nancy L. Kelly Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 88’ (h) monopole in the Rural-43 zoning district. Site Location: Generally located south of Coyote Pass Rd. approximately 283’ from the SWC of Coyote Pass Rd. and 33rd Ave. in the New River area. Site Size: Approximately 4,500 sq. ft. (0.1 ac.) of a 1.73 ac. parcel Commission Recommendation: On 9/24/15, the Commission voted 6-0 to recommend approval of Z2015030 subject to conditions ‘a’ – ‘m’ with modification to condition ‘e’, all conditions shown in final format: a. Development of the site shall be in substantial conformance with the Site Plan entitled “New River 82410 Z98-51 SUP Renewal”, consisting of 6 full-size sheets, dated August 4, 2015, and stamped received August 11, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Revised Renewal Narrative for a Wireless Communication Facility – Renewal SUP 2015030”, consisting of 13 pages, revised August 3, 2015 and stamped received August 11, 2015, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility shall be limited to 88’. d. No antenna arrays shall be greater than eight feet (8’) in width. e. The applicant/owner shall enclose the ground equipment area with an 8’ (h) CMU wall. f. The applicant/owner shall treat the entrance drive and technician parking area with an approved durable dust proof material. g. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. h. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors, inactivity 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. i. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. j. The applicant/owner shall submit a written report outlining the status of the development at the end of 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. k. Non-compliance with the plan of development (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. l. 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. 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 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-44-16-019-M-00)