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

12. CROWN CASTLE CASHION 806982 Case #: Z2021128 Supervisor District: 5 Applicant & Owner: Michael J Campbell – Campbell A&Z, LLC / 11328 Buckeye Rd, LLC Request: Modification of Condition to a Special Use Permit (SUP) for a wireless communications facility in the C-3 zoning district Site Location: Generally located 792’ east of the NEC of Buckeye Rd & Avondale Blvd in the Cashion area Commission Recommendation: On 11/2/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2021128 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the site plan entitled “Cashion Wireless Communication Facility”, consisting of one full-size sheet, dated revised May 21, 2001 and stamped received May 21, 2001 except as modified by the following stipulations. b. Development of the site shall be in substantial conformance with the narrative report entitled “Special Use Permit Project Narrative”, consisting of 9 pages, revised September 20, 2023 and stamped received September 26, 2023, except as modified by the following stipulations. c. All outdoor lighting shall comply with Section 1112 of the Maricopa County Zoning Ordinance. d. The tower and all attachments shall be limited to a maximum height of 300’. e. Prior to the issuance of zoning clearance for the equipment shelter, the applicant shall obtain a floodplain use permit through the Maricopa County Flood Control District. f. The access easement and parking space shall be surfaced with ABC or another form of dust proofing deemed acceptable at the time of zoning clearance. g. This special use permit shall expire December 6, 2048, or upon termination of the use for a period of 90 days or longer, whichever comes first. All site improvements, including the lattice tower, shall be removed within 60 days of such termination or expiration. At the time of expiration, the applicant may submit an application for renewal of the SUP subject to County review and approval by the Board of Supervisors. h. Major changes to this SUP (the site plan and narrative report) shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. i. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, or the Maricopa County Flood Control District may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. j. 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-44-24-125-X-00)

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