Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes

8.AZ01-114 DONUT/PHO KHUSSA Case #: Z2021038 Supervisor District: 1 Applicant & Owner: Eric Hurley, Pinnacle Consulting, Inc./ Luis Barocio Request: Special Use Permit (SUP) for a new Wireless Communication Facility in the Rural-43 RUPD Zoning District Site Location: SEC of Lindsay Road and Appleby Road, in the Gilbert area Commission Recommendation: On 4/21/22, the Commission voted 8-0, to recommend approval of Z2021038 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in sub

Item Text

8. AZ01-114 DONUT/PHO KHUSSA Case #: Z2021038 Supervisor District: 1 Applicant & Owner: Eric Hurley, Pinnacle Consulting, Inc./ Luis Barocio Request: Special Use Permit (SUP) for a new Wireless Communication Facility in the Rural-43 RUPD Zoning District Site Location: SEC of Lindsay Road and Appleby Road, in the Gilbert area Commission Recommendation: On 4/21/22, the Commission voted 8-0, to recommend approval of Z2021038 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “AZ01-114 Donut / PHO Khussa“, consisting of 6 full-size sheets, dated January 4, 2022, and stamped received February 23, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “AZ01-114 Donut / PHO Khussa”, consisting of 9 pages, dated February 7, 2022, and stamped received February 23, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. If combined disturbance area is 1500-sf or greater, Engineered Grading and Drainage Plans with retention basins are required. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 3. Drainage 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. 4. The applicant should be aware that Lindsay Road is MCDOT Operated and Maintained. Any work in the MCDOT Right-of-Way will require a MCDOT Right-of-Way Permit. d. The maximum height of the Wireless Communication Facility shall be limited to 65’. e. This Special Use Permit allows for colocation of additional antenna, arrays and attachments but must maintain the integrity of the stealth design concealment elements and must maintain the setbacks (based on tower height) approved by this Special Use Permit. f. 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. g. This special use permit is valid for a period of 20 years and shall expire on May 18, 2042 or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. 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-44-22-201-X-00)

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