Vote — approved

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

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman, Steve Gallardo

Item Text

6. SUNSTATE BANJO WCF Case #: Z2023085 Supervisor District: 1 Applicant & Owner: Declan Murphy, Coal Creek Consulting / Grove Bible Church, Inc. Request: Major Amendment of a Special Use Permit (SUP) for the expansion of an existing wireless communications facility in the Rural-43 zoning district Site Location: Generally located 385 feet northeast of the northeast corner of Queen Creek Rd. and Gilbert Rd. in the Chandler area. Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023085 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “PH69223A Sun State Banjo“, consisting of seven full-size sheets, dated December 18, 2023, and stamped received January 8, 2024, 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 “PH69223A – Sunstate Banjo”, consisting of four pages, dated December 18, 2023, and stamped received January 8, 2024, except as modified by the following conditions. c. 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. Detailed Site Plans must be submitted with the application for building permits. Wall details shall be provided with the building permit submittal. 3. This site is within the unincorporated urbanized area of Maricopa County, any disturbance greater than one acre will require SWPP plans during the building permit phase. 4. All vehicle paths and roadways shall be surfaced with approved dust control materials and must comply with the County’s air quality standards. 5. Any work in Queen Creek Road’s right-of-way, including utility extensions, will require a permit from the City of Chandler. d. The maximum diameter of the antenna array shall be twelve feet. e. Antennas and associated equipment of the co-location shall be painted to match the color of the monopole. f. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing fronds or branches shall be replaced within 60 days of such damage occurring. g. The screening walls and gate of the new equipment compound shall be painted to match the existing equipment compound. h. Any outdoor lighting of the site shall be in conformance with the County’s Outdoor Lighting Provisions outlined in Section 1112 and shall be screened from any adjacent rural residential property. i. Any new driveway or service parking area for this wireless communications facility shall be surfaced with alternative dust control materials that abide by the regulations of the County’s Air Quality Department. j. The conditions of approval of Z2017052 – Special Use Permit shall apply with this amendment. k. 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. l. 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-44-24-215-X-00)

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