Vote — approved

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

10. Supervisory District No. 5 (C-64-21-006-X-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo

Item Text

10. ZAYO AGUILA Case #: Z2020013 Supervisor District: 4 Applicant / Owner: Rex Atkinson / Charlene Brungs Request: Special Use Permit (SUP) for development of Fiber Optic Structure in the Rural Zoning District Site Location: Generally located approx. 796’ northwest of the NWC of J-1 Ranch Rd. & Forepaugh Peak Rd. in the Wickenburg area Commission Recommendation: On 6/11/20, the Commission voted 6-0 to recommend approval of Z2020013 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Overall Site Plan“, consisting of 5 full-size sheets, dated April 30, 2020, and stamped received May 1, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Zayo Group Aguila, AZ”, consisting of 3 pages, dated April 29, 2020, and stamped received May 1, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The site contains Special Flood Hazard Areas associated with Wash T7N-R8W-S25D/S1A that traverses the site. The site contains regulated floodplains (blue) – FEMA Zone A. All new development proposed appears to be within the floodplain. Any development in the floodplain will require a floodplain use permit issued concurrent with building permits. Structures in the floodplain must be elevated to the regulatory flood elevation determined by the engineer. For Zone A floodplains, the regulatory flood elevation is two (2) feet above the base flood elevation. 2. Driveway access to Forepaugh Peak Road must be paved (within the ROW) and will require a permit from MCDOT concurrent with the building permit. Drainage flow along the roadway must be maintained. 3. 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. 4. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 5. Detailed Grading and Drainage Plans and Final Drainage Report showing the new site improvements must be submitted for approval and acquisition of building permits. d. This special use permit shall expire on July 23, 2030, or upon termination of the use for a period of 120 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 120 days of such expiration or termination of use. e. The following Rural-190 Zoning District standards shall apply: 1. Height – 30’ 2. Front Yard – 60’ 3. Side Yard – 30’ 4. Street-side Yard – 30’ 5. Rear Yard – 60’ 6. Lot Area – 190,000 square feet 7. Lot Width – 300’ 8. Lot Area per Dwelling Unit – 190,000 square feet 9. Lot Coverage – 5% 10. Parking Spaces Required – 1 space 11. Paved Parking – Compacted decomposed granite permitted 12. Screening – Chain-link fencing and 1’ of barbed wire permitted, screening can be no greater than 10’ in height f. 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. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. 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-44-21-005-X-00 )

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