Vote: approved

Item Text

PZ-2. SUN STATE PAPAGO WCF Case #: Z2015059 Supervisor District: 4 Applicant & Owner: Pinnacle Consulting, Inc./Wyatt Pacific General, LLC Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 150’ (h) monopole in the Rural-43 zoning district Site Location: Generally located 1,230’ from the southeast corner of Interstate-10 and 355th Avenue in the Tonopah area Site Size: Approximately 2,500 sq. ft. of a 2.6 ac. parcel Commission Recommendation: On 1/7/16, the Commission voted 8-0 to recommend approval of Z2015059 subject to conditions ‘a’ – ‘o’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Sun State Towers: AZ01-033 Papago/PHO Wintersburg”, consisting of six (6) full-size sheets, stamped received October 6, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Sun State Papago”, consisting of six (6) pages, stamped received October 6, 2015, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility shall be limited to 150’ (h) including attachments (except that a lightning rod may protrude above the 150’ elevation). d. The antenna array diameter shall be limited to seventeen feet (17’) across. All future appurtenances shall protrude no further from the center of the tower than this initial antenna array. e. The applicant/owner shall enclose the compound with a chain link fence no less than 8’ in height. f. Future carriers may co-locate on the Wireless Communication Facility if co-location does not increase overall tower height or increase protrusion of appurtenances. Any change to these elements will trigger an amendment to the Special Use Permit. g. This Special Use Permit shall expire 35 years from the date of approval by the Board of Supervisors, inactivity of the use 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. h. The following Drainage condition shall apply: 1. Per Maricopa County Zoning Ordinance (MCZO) 1205.7.7.3, Concurrent projects that cumulatively exceed a total project construction envelope and disturbance limit of 1,500 square feet shall not be considered as meeting Section 1205.7.7 and must meet the requirements of Section 1205.7. i. The following Flood Control District conditions shall apply: 1. There is Pending Floodway and Pending Floodplain in the most west/northwest portion of the property. The Pending Floodplain and Pending Floodway must be identified on the plans. 2. All electronic components (transformer, cabinet, etc.) must be elevated at or above the Regulatory Flood Elevation. j. The following MCDEM condition shall apply: 1. The applicant shall contact the Palo Verde Nuclear Generating Station (PVNGS) Emergency Planning Department to obtain protective action instruction placards. The PVNGS placards shall be posted in at least two locations within the 50 x 50 compound upon consultation with the PVNGS Emergency Planning Department. k. 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. l. 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. m. 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. n. 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. o. There shall be no lighting on the tower structure, attachments, or appurtenances. (C-44-16-037-M-00)