Vote — approved

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

9.PH68231 AZ-5151 GILA RIVER Case #: Z2023046 Supervisor District: 5 Applicant & Owner: Annmarie Beckett, Clear Blue Services / Gary Peterson Gable Family Trust Request: Special use permit (SUP) for a wireless communication facility (WCF) in the Rural-43 zoning district Site Location: Generally located at the NWC of Old US Highway 80 and Cactus Rose Road in the Arlington area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors a

Item Text

9. PH68231 AZ-5151 GILA RIVER Case #: Z2023046 Supervisor District: 5 Applicant & Owner: Annmarie Beckett, Clear Blue Services / Gary Peterson Gable Family Trust Request: Special use permit (SUP) for a wireless communication facility (WCF) in the Rural-43 zoning district Site Location: Generally located at the NWC of Old US Highway 80 and Cactus Rose Road in the Arlington area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023046 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the site plan entitled “US-AZ-5151 GILA RIVER”, consisting of 18 full-size sheets, dated October 9, 2023, and stamped received October 9, 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 “Project Narrative”, consisting of seven pages, dated October 5, 2023, and stamped received October 6, 2023, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. At the time of application for permit, the monopole foundation design shall address potential scour given existing topographic conditions and the pole’s proximity to a wash. 2. The portion of the driveway access within the County right-of-way must be paved or concrete; and conform to MCDOT requirements. The driveway culvert must be constructed with headwalls or flared end sections at its up and downstream ends. 3. The gated driveway access must be designed with an onsite turnaround area so vehicles will not back out onto Old Hwy 80. 4. The applicant may be required to execute a Wireless Agreement with the County (via the MCDOT Utility Branch – dotwirelesspermits@maricopa.gov) for all equipment, conduit, fiber optic lines and other work that will be within the MCDOT R/W. If required, the agreement must be effectuated prior to issuance of any building permit(s). Otherwise, written confirmation from the County that an Agreement is not required must be submitted with the building permit submittal. 5. A 15’ wide right-of-way preservation area along Old US 80 must be maintained. 6. Engineering review of Special Use Permit cases is conceptual in nature. 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. d. The maximum height of the wireless communication facility shall be limited to 199’. e. Future requests to co-locate carriers on the wireless communication facility shall comply with Maricopa County and federal requirements. f. This special use permit is valid for a period of 30 years and shall expire on January 24, 2054, 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. g. The following SUP standards shall apply: 1. Maximum WCF height: 199’ 2. Maximum WCF antenna array diameter: 13’ 3. Maximum WCF tower diameter: 5’-9” 4. Minimum WCF setback from rural/residential zoning: a. From north lot line: 118’ b. From south lot line: 135’ c. From east lot line: 148’ d. From west lot line: 166’ 5. Access road surfacing: stabilized decomposed granite 6. Sight visibility triangles: none required h. 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. i. 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. j. An Aviation Obstruction Light (AOL) or Aircraft Warning Light (ACWL) shall be installed near the top of the structure/attachments in accordance with Luke Air Force Base operational awareness requirements. (C-44-24-156-X-00)

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