Vote — approved

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

5.AZL01777 BATTLE PLAN TRANCHE - 1 Case #: MCP2023004 Supervisor District: 4 Applicant & Owner: Misty Hunter, Smartlink Group / Arrowhead Real Estate Request: Military Compatibility Permit (MCP) for a wireless communication facility (WCF) in the Rural-43 MAAMF zoning district with a plan of development Site Location: Located about 950’ east and 300’ south of the SEC of Patton Rd. and 243rd Ave. in the Wittmann area Commission Recommendation: On 12/7/23, the Commission voted 3-2 to adopt a motion

Item Text

5. AZL01777 BATTLE PLAN TRANCHE - 1 Case #: MCP2023004 Supervisor District: 4 Applicant & Owner: Misty Hunter, Smartlink Group / Arrowhead Real Estate Request: Military Compatibility Permit (MCP) for a wireless communication facility (WCF) in the Rural-43 MAAMF zoning district with a plan of development Site Location: Located about 950’ east and 300’ south of the SEC of Patton Rd. and 243rd Ave. in the Wittmann area Commission Recommendation: On 12/7/23, the Commission voted 3-2 to adopt a motion recommending the Board of Supervisors approve MCP2023004 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the site plan entitled “AZL01777“, consisting of 13 full-size sheets, dated August 14, 2023 and stamped received August 25, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “AT&T AZL01777”, consisting of 4 pages and stamped received September 12, 2023, except as modified by the following conditions. c. The following Rural–43 MCP standards shall apply: 1. Minimum Setback from WCF to eastern Lot Line: 23’ 2. Minimum Setback from WCF to southern Lot Line: 72’ 3. Maximum Diameter of Antenna Array: 13’ 3” d. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. 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. 2. The applicant must execute a wireless agreement with MCDOT for all equipment conduit, F/O and other work that will be within the MCDOT ROW. This agreement must be coordinated with Ms. Kelly Row, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Kelly.roy@Maricopa.gov 3. Driveway access to County roads (Patton Road) must be paved and will require a permit from MCDOT issued concurrent with building permit(s) required for site development. 4. Applicant to notify ADOT of proposed project through the Red Letter Process, Redletter@azdot.gov, due to proximity to the future White Tanks Freeway preferred corridor. e. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing branches shall be replaced within 60 days of such damage occurring. f. 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. Failure to comply with conditions after a reasonable opportunity to bring the property into compliance may result in the initiation of revocation at a public hearing. It is, therefore, stipulated and agreed that revocation due to the failure to comply with any conditions, 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 of the MCP. The MCP enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. (C-44-24-158-X-00)