Vote — approved

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

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

Item Text

20. AZL01741 - LEISTER FARM Case #: Z2023032 Supervisor District: 4 Applicant & Owner: Michael Hannah, Smartlink LLC / Leister Agrienterprises LLC Request: Special Use Permit (SUP) for a wireless communication facility in the Rural-43 zoning district Site Location: Generally located west of the SWC of Lower Buckeye Rd. & Perryville Rd. in the Buckeye area Commission Recommendation: On 6/22/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023032 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the site plan entitled “AZL01741 Leister Farms“, consisting of 15 full-size sheets, dated May 23, 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 “Special Use Permit Application Addendum 4: Project Narrative for Z2023032”, consisting of 2 pages, dated May 8, 2023, and stamped received May 21, 2023, except as modified by the following conditions. c. 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. d. This special use permit is valid for a period of twenty-five (25) years and shall expire on July 26, 2048, or upon termination of the use for a period of 90 or more consecutive 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. The following SUP standards shall apply: 1. Maximum diameter of antenna arrays: 14-feet 2. Tower maximum diameter: 36-inches f. The following engineering conditions shall apply: 1. Lower Buckeye Road is classified as a principal arterial, and 65-feet preservation is required from the section line. 2. Driveway access to County roads must be paved and will require a permit from MCDOT issued concurrent with building permit(s) required for site development. OR; provide documentation that a paved driveway access is not required per MCDOT at the time of application for a building permit. 3. The applicant must execute a Wireless Agreement with MCDOT for all equipment, conduit, F/O and other work that will be within the MCDOT ROW. This agreement must be coordinated with Ms. Kelly Roy, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Kelly.Roy@maricopa.gov. OR; provide documentation that a wireless agreement is not required at the time of application for a building permit. 4. 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. 5. Engineering 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; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this [Special Use Permit or Zone Change] as set forth in the Maricopa County Zoning Ordinance. h. 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-44-24-009-X-00)