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

16. DELANEY SUBSTATION COMMUNICATION TOWER Case #: Z2023088 Supervisor District: 4 Applicant & Owner: DCR Transmission LLC / Arizona Public Service Company Request: Special Use Permit to allow a 260’ microwave communications tower Site Location: Generally located NW of Salome Hwy & Courthouse Road Commission Recommendation: On 10/5/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023088 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Delaney Substation DCRT MW Tower“, consisting of 8 full-size sheets, dated August 21, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Delaney Substation Communication Tower”, consisting of 12 pages, dated August 22, 2023, except as modified by the following conditions. c. The following engineering conditions: 1. A section line , Thomas Road, coincides with the south boundary of the parcel. Per an approval of reduction, a 40-foot reservation will be required for Thomas Road. 2. A mid-section alignment is located on the eastern perimeter of the proposed development requiring building setbacks to start from a future half street of 40-feet per the Maricopa County Zoning and Ordinance Section 11105. 3. 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. 4. 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. 5. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. d. Tower lighting and marking must meet all FAA regulations. e. This special use permit is valid for a period of 25 years and shall expire on October 18, 2048, 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. f. 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. g. 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. (C-44-24-084-X-00)

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