Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

11.T-MOBILE PH60112A – APACHE AUTO Case #: Z2020026 Supervisor District: 2 Applicant / Owner: Declan Murphy, Coal Creek Consulting for TowerCom / Fredrickson Living Trust Request: Special Use Permit (SUP) for a wireless communication facility in the C-3 zoning district Site Location: Generally located on the NEC of Sossaman Rd. and Main St. in the Mesa area Commission Recommendation: On 6/11/20, the Commission voted 6-0 to recommend approval of Z2020026 subject to conditions ‘a’ – ‘i’: a. Develo

Item Text

11. T-MOBILE PH60112A – APACHE AUTO Case #: Z2020026 Supervisor District: 2 Applicant / Owner: Declan Murphy, Coal Creek Consulting for TowerCom / Fredrickson Living Trust Request: Special Use Permit (SUP) for a wireless communication facility in the C-3 zoning district Site Location: Generally located on the NEC of Sossaman Rd. and Main St. in the Mesa area Commission Recommendation: On 6/11/20, the Commission voted 6-0 to recommend approval of Z2020026 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “PH60112A Apache Auto”, consisting of 8 full-size sheets, dated stamped received on April 20, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “PH60112A – Apache Auto”, consisting of 4 pages, stamped received May 11, 2020, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility shall be limited to 80’. d. The following Engineering conditions shall apply: 1. Utility extensions encroaching into the right-of-way of 7th Street, an open and declared County roadway, may require a Wireless Agreement with MCDOT for conduit, fiber optic lines and other work that will be within the County ROW. This agreement must be coordinated with Ms. Kelly Roy, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Kelly.Roy@maricopa.gov. Evidence of said agreement must be provided prior to issuance of any building permits for this project. 2. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. e. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. f. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing branches shall be replaced within 60 days of such damage occurring. g. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors on July 22, 2040. All of the site improvements shall be removed within 120 days of such termination or expiration. h. 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. i. 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-44-21-004-X-00 )

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