Vote: approved

Item Text

PZ-1. PHO HERCULES WCF Case #: Z2015081 Supervisor District: 1 Applicant & Owner: Garrett Bair/ MOB Investment, LLC Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 50’ (h) monopalm in the C-1 zoning district Site Location: Generally located at the northeast corner of Riggs Rd. and Alma School Rd. in the Sun Lakes/Chandler area Site Size: Approximately 320 sq. ft. of a 4.78 ac. parcel Commission Recommendation: On 2/4/16, the Commission voted 8-0 to recommend approval of Z2015081 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Verizon Wireless: PHO Hercules”, consisting of six (6) full-size sheets, stamped received December 3, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Verizon Site: PHO Hercules”, consisting of six (6) pages, stamped received October 8, 2015, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility including all attachments other than concealment elements, shall be limited to 50’ (h). d. 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. e. 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. f. 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. 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-44-16-044-M-00)