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

5. US-AZ 7062 WITTMANN Case #: MCP2023001 Supervisor District: 4 Applicant & Owner: Shawn Sanchez, State 48 Development Consulting / Mary B Martin Request: Military Compatibility Permit and Plan of Development to allow a 134’ WCF within the Rural – 43 MAAMF (LDN 65) zoning district. Per Arizona Revised Statutes the proposed land use has been deemed to be compatible and consistent with the high noise or accident potential zone of a Military Airport or Ancillary Military Facility. Site Location: Generally located 650’ east of the SEC of Patton Rd. and 227th Ave. in the Wittmann area Commission Recommendation: On 5/11/23, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve MCP2023001 subject to conditions ‘a’ – ‘e’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Vertical Bridge US-AZ-7062“, consisting of 7 full-size sheets, dated May 4, 2023, and stamped received May 4, 2023 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Narrative Report US-AZ-7062”, consisting of 8 pages, dated May 4, 2023 and stamped received May 4, 2023, except as modified by the following conditions. c. The following Rural – 43 MCP standards shall apply: 1. Maximum WCF Height: 134’ 2. Setback to Western Lot Line: 43’ 4” 3. Setback to Northern Lot Line: 201’ 8” 4. Maximum Diameter of Antenna Array: 14’ 7” 5. Maximum Diameter of Support Structure: 48.25” d. The following Planning Engineering conditions shall apply: 1. 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. 2. 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. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits 4. Disturbance within the R/W will require a MCDOT permit concurrent with building permits. 5. MCDOT Right-of-Way dedication to the full half width of 65-ft must be completed. 6. The Fence on the property has been permitted with DC20040157 (FA20040060) and B200800760 (FA20080052). Removal of the fence is not required. e. 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. Failure to comply with conditions after a reasonable opportunity to bring the property into compliance may result in the initiation of revocation at a public hearing. It is, therefore, stipulated and agreed that revocation due to the failure to comply with any conditions, 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 of the MCP. The MCP enhances 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-44-23-263-X-00)

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