Vote — approved

Thomas Galvin	yes
Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes

8.2 Acres. A map or plat depicting such streets is attached. General Vicinity: Litchfield Road and Happy Valley Road, lying within Supervisory District 4, in an unincorporated area. Legal description and map or plat identified as Exhibits "A” & “B” are attached. (General Vicinity: Litchfield Road and Happy Valley Road. Supervisory District No. 4) In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-24-112-X-01) Motion to approve

Item Text

8. PHO MARISOL Case #: Z2023106 Supervisor District: 4 Applicant & Owners: Declan Murphy / Jacqueline and Angel Delahaut Request: Special Use Permit (SUP) for wireless communication facility (WCF), 80’ lattice-tower stealth designed as a windmill in the Rural-43 zoning district Site Location: Generally located 2,100’ west of the NWC of Montgomery Rd. and 163rd Ave. in the Surprise area Commission Recommendation: On 1/11/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2023106 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “PHO Marisol“, consisting of 6 full-size sheets, dated October 27, 2023, and stamped received November 8, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled ““PHO Marisol“, consisting of 4 pages, dated November 8, 2023, and stamped received November 8, 2023, except as modified by the following conditions. c. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing windmill components shall be replaced within 60 days of such damage occurring. d. The following Rural-43 SUP standards shall apply: 1. Minimum Setback to Southern lot line: 68’ 2. Maximum WCF Structure Diameter: 14’ 6” 3. Maximum Antenna Array Diameter: 18’ e. The following Planning Engineering conditions 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 regulation for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. 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 Manual. 3. The WCF compound walls will require a turned block, every other block along the base course to maintain historic drainage patterns. 4. The site contains areas of regulated floodplains. The project, as submitted, does not appear to disturb any floodplain. Any disturbance would require issuance of a floodplain use permit concurrent with building permits. 5. Any work in the Montgomery Road will require a permit from MCDOT. 6. The applicant must execute a wireless agreement with MCDOT for all equipment, conduit, F/O and other work that will be within the MCDT ROW. 7. Approval of the US Bureau of Reclamation (BOR) is required to permit utility extensions across federally owned property under their control. f. This special use permit is valid for a period of thirty years and shall expire on January 11, 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 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-44-24-165-X-00)

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