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

7. AZ5_BUSHNELL_PERM Case #: Z2023008 Supervisor District: 2 Applicant & Owner: Shannon McCrea - DW Tower, LLC./ Lonnie Ranft Request: Special Use Permit (SUP) for a new wireless communication facility (WCF) in the Rural-43 zoning district Site Location: Generally located approx. 906’ from the NEC of SR-87 & Sunflower Rd in the Sunflower area. Commission Recommendation: On 5/11/23, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023008 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “ BUSHNELL“ , consisting of 7 full-size sheets, dated March 15, 2023 and stamped received March 22, 2023, 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 “DW Tower, LLC. Site”, consisting of 5 pages, dated March 20, 2023, stamped received March 22, 2023, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Provide the required retention volume for the 100 year , 2 hour storm event with one (1) foot of freeboard for the SUP area. 2. Provide a runoff coefficient based on Table 6.3 of the Maricopa County Drainage Policies and Standards. Use 0.95 for commercial/industrial areas and 0.5 for retention basin areas. Revise the drainage calculations to use the County’s required runoff coefficients. 3. Basins one (1) foot or less in depth need not provide freeboard. Provide documentation that the retention basin(s) will drain within 36 hours. (MCZO 1205.7.6- 2.a & c) 4. The Red Letter process has been started by the applicant; applicant to notify ADOT of proposal through the Red Letter Process, RedLetter@azdot.gov, due to proximity to State Route 87. 5. The above comment does not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 6. 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. 7. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 8. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits d. This special use permit is valid for a period of 20 and shall expire on June 14, 2043, 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. e. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. 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 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. Staff Recommendation: The applicant provided staff with an updated zoning exhibit illustrating a 197’ lattice tower topped by a required 2’ FAA warning light for an overall height of 199’. Therefore, staff recommends that Board motion for approval of Z2023008 include the Commission recommended conditions ‘a’ – ‘g’ but with revised condition ‘a’ to read: a. Development of the site shall be in substantial conformance with the Site Plan entitled “ BUSHNELL“ , consisting of 9 full-size sheets, dated May 9, 2023 and stamped received May 15, 2023, 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. (C-44-23-261-X-00)

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