Vote: approved

Item Text

PZ-5. VERIZON COTTONWOOD ESTATES Case #: Z2015076 Supervisor District: 4 Applicant & Owner: Shaw & Associates PLC / Rancho Trigos Trust (Ronald Wheat) Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 50’ (h) monopalm in the Rural-43 zoning district Site Location: Generally located at the northeast corner of Bethany Home Rd. and 183rd Ave. in the Waddell area. Site Size: Approximately 1,027 sq. ft. of a 40 ac. parcel. Commission Recommendation: On 3/10/16, the Commission voted 7-0 to recommend approval of Z2015076 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in conformance with the Site Plan entitled “PHO Cottonwood Estates”, consisting of seven (7) full-size sheets, stamped received December 29, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Verizon Wireless PHO – Cottonwood Wireless Communication Facility”, consisting of nine (9) pages, stamped received December 29, 2015, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility shall be limited to 50’ (h) including attachments, other than the palm fronds. d. The antenna array diameter shall be limited to 15’-6’’ across. All future appurtenances shall protrude no further from the center of the tower than this initial antenna array, and shall maintain integrity of concealment elements. 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. Future carriers may co-locate on the Wireless Communication Facility if co-location does not increase overall tower height, increase protrusion of appurtenances, or adversely impact concealment elements. Any change to these elements will require an amendment to the Special Use Permit. g. This Special Use Permit shall expire 20 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 MCDOT condition shall apply: 1. Bethany Home Rd. is County right-of-way and actively maintained roadway. Any improvements in the MCDOT Right-of-Way (ROW) must be shown on the plans, subject to MCDOT standards. A ROW permit will be required for any work in the MCDOT ROW. A MCDOT Application and Certificate of Liability Insurance will need to be submitted as well. This permit will be administered through Planning and Development together with the building permit. 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. Non-compliance with the Special Use Permit (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. k. 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. l. 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-44-16-055-M-00)