Vote — approved

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

10.US-AZ-5163 WICKENBURG WCF Case #: Z2023067 Supervisor District: 4 Applicant & Owner: Annmarie Beckett, Vertical Bridge/Clear Blue Services / Millennium Milling Inc Request: Special use permit (SUP) for a wireless communication facility in the Rural-43 zoning district Site Location: Generally located north of US Highway 60 and 4th St. in the Aguila area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023067 subje

Item Text

10. US-AZ-5163 WICKENBURG WCF Case #: Z2023067 Supervisor District: 4 Applicant & Owner: Annmarie Beckett, Vertical Bridge/Clear Blue Services / Millennium Milling Inc Request: Special use permit (SUP) for a wireless communication facility in the Rural-43 zoning district Site Location: Generally located north of US Highway 60 and 4th St. in the Aguila area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023067 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the narrative report entitled “US-AZ-5163 Wickenburg (AGUILA)” consisting of 9 pages, received October 16, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved narrative report. b. Development of the site shall be in substantial conformance with the site plan entitled “US-AZ-5163 Wickenburg” consisting of 7 full-size sheets, received October 16, 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. c. Applicant must provide the necessary encroachment permit approval form from the Arizona Department of Transportation at the time of the initial construction permit application for the cell tower construction. d. This SUP is valid for a period of twenty-five (25) years and shall expire on January 24, 2049, or upon termination of the use for a period of 90 or more consecutive days, whichever occurs first. All site improvements associated with the SUP shall be removed within 90 days of such expiration or termination of use. e. The following engineering conditions shall apply: 1. Owner/applicant responsible for coordinating with ADOT for required studies, permitting and access requirements for work in US 60 R/W. 2. The entire site is within a regulated floodplain (FEMA Zone AO). Ground equipment/cabinets and electric panels must be elevated to the regulatory flood elevations (2 feet above highest adjacent grade). 3. Development in the floodplain will require a floodplain use permit issued concurrent with the building permit(s) required for site development. 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. f. The following Special use Permit standards shall apply: 1. Sight Visibility Triangles: None required 2. Maximum Antenna Array Diameter: 13’ 3. Maximum Pole Height: 110’ 4. Minimum Setback to Northern Lot Line: 55’ 5. Access Road Pavement: Stabilized Decomposed Granite g. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this SUP 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 SUP, 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 SUP, 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 SUP. The SUP enhances the value of the property above its value as of the date the SUP is granted and reverting to the prior zoning results in the same value of the property as if the SUP had never been granted. (C-44-24-155-X-00)

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