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. US-AZ-7049 (TOLLESON) CELL TOWER SUP Case #: Z2023030 Supervisor District: 5 Applicant & Owner: Annmarie Beckett, Vertical Bridge/Clear Blue Services / Darrel Hale Request: Special Use Permit (SUP) for a wireless communication facility in the Rural-43 zoning district Site Location: Generally located around 975’ from the SWC of Lower Buckeye Rd and 107th Avenue Commission Recommendation: On 11/2/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023030 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the site plan entitled “US-AZ-7049 Tolleson“, consisting of 10 full-size sheets, dated September 6, 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. 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. c. No permits may be issued for this site until any ongoing lot combination is completed. This lot combination must be in substantial conformance with the site plan as per condition ‘a’. d. This special use permit is valid for a period of twenty-five (25) years and shall expire on December 6, 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 Special use Permit standards shall apply: 1. Light Visibility Triangles: None required 2. Maximum Antenna Array Diameter: 12.5’ 3. Maximum Pole Base Diameter: 44.2 in. 4. Access Road Pavement: Stabilized Decomposed Granite f. The following engineering conditions shall apply: 1. Lower Buckeye Road is within the jurisdiction of the city of Avondale. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, access, permitting or roadway improvement requirements. Note also strip annexation (APN 101-22-006C) 2. A MCDOT permit will be required in MCDOT right-of -way. 3. The applicant may be required to execute a Wireless Agreement with MCDOT for all equipment, conduit, F/O and other work that will be within the MCDOT ROW. MCDOT maintains a ±23’ wide R/W south of Lower Buckeye Road (yellow area on exhibit below). This agreement must be coordinated with Ms. Kelly Roy, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Kelly.Roy@maricopa.gov. 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 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-44-24-121-X-00)

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