Vote — approved

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

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

Item Text

12. SHEILA AZ45116 Case #: MCP2022009 Supervisor District: 4 Applicant & Owner: Nicole Comach , Virtual Walk LLC / SBA 2012 TC Assets, LLC Request: Military Compatibility Permit (MCP) with a Plan of Development (POD) for a Wireless Communication Facility within the Rural-43 MAAMF zoning district (LDN 70 noise contour) Site Location: Generally located on the SEC of Northern Aven ue and Litchfield Rd. in the Glendale Area Commission Recommendation: On 4/20/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve MCP2022009 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Military Compatibility Permit”, consisting of 6 pages, dated February 2, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the N arrative Report entitled “Shelia/AZ45116 Narrative Report”, consisting of 3 pages, dated February 20, 2023, except as modified by the following conditions. c. Major amendments to the site plan will require a new UCCD and MCP application to be filed prior to any permit approvals. The incorporation of any other parcels into this project will require a lot combination, new UCCD, and new MCP prior to any addition al permit approvals. d. The height of the wireless communication facility shall be limited to 110 feet. e. 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. f. Noncompliance with any Maricopa County regulation shall be grounds for initiating revocation of this Military Compatibility Permit as set forth in the Maricopa County Zoning Ordinance. g. The granting of this change in use of the pro perty has been at the request of the applicant, with 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 eve nt of the failure to comply with any condition, 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, does not reduc e 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 of the MCP. The MCP en hances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. (C-44-23-249-X-00)

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