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

13. PH68137A – TOWERCOM HUNT Case #: Z2022185 Supervisor District: 4 Applicant & Owner: Declan Murphy, Coal Creek Consulting LLC / Barbara Jane Hunt Request: Special Use Permit (SUP) to allow an 80’ ‘monotree’ Wireless Communications Facility in the Rural-43 zoning district Site Location: Generally located at the NWC of Roeser Rd. & 239th Ave. in the Buckeye area Commission Recommendation: On 11/2/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2022185 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the site plan entitled “PH68137A Towercom Roeser“, consisting of 7 full-size sheets, dated September 27, 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 “Towercom TMobile”, consisting of 4 pages, dated, August 7, 2023, except as modified by the following conditions. c. This special use permit is valid for a period of 25 years and shall expire on December 6, 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. d. 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. e. The following engineering condition shall apply: 1. 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. 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. (C-44-24-124-X-00)

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