Vote — approved

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

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

13. CROWN CASTLE 806982 BUCKEYE Case #: Z2022174 Supervisor District: 4 Applicant / Owners: Michael Campbell, Campbell A&Z, LLC. / Union Pacific Railroad Company Request: Special Use Permit – Modification of Condition – for a wireless communication facility in the Rural-43 zoning district Site Location: Generally located W. of the SWC Buckeye & Miller St. in the Buckeye area Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend approval of Z2022174 subject to conditions ‘a’ – ‘o’: a. Development and use of the site shall be in substantial conformance with the Zoning Exhibit entitled “Buckeye 806972”, consisting of four (4) full-size sheets, stamped received November 6, 2008, except as modified by the following stipulations. b. Development and use of the site shall be in substantial conformance with the Narrative Report entitled “Special Use Permit MODIFICATION OF CONDITION PROJECT NARRATIVE”, consisting of Six (6) pages, dated October 17, 2022, except as modified by the following stipulations. c. The following Drainage Review conditions shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction." 2. 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 the Drainage Regulation and design policies and standards." d. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance or Final Plat approval, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. g. Prior to zoning clearance or Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. h. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction. i . The maximum height of the Wireless Communication Facility shall be limited to 290’ as measured to the top of the whip antennas except as may be permitted as an Eligible Facilities Request colocation per federal rule. j. Development of the site shall be in conformance with all Federal and State requirements, including but not limited to, Federal Communications Commission (FCC), Federal Aviation Administration (FAA), National Environmental Policy Act (NEPA), and State Historical Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary approvals prior to construction, and shall be accountable to those agency requirements, and penalties. k. A Minor Amendment shall be required to co-locate future carriers. l. This Special Use Permit shall expire Twenty-Five (25) years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All site improvements shall be removed within 60 days of such termination or expiration. l. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. m. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). n. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this [Special Use Permit or Zone Change] as set forth in the Maricopa County Zoning Ordinance. o. 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 stipulations. (C-44-23-172-X-00)

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