Vote — approved

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

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

Item Text

6. ANTHEMNET/VERIZON WIRELESS “PHO VENTATA RANCH” Case #: Z2024064 Supervisor District: 5 Applicant & Owner: Todd Daoust, Commscapes / Tim Anton Trust Request: Special Use Permit (SUP) for a wireless communication facility (WCF) in the Rural-43 zoning district Site Location: Generally located 1,804’ south of the NEC of Broadway Rd. and Watson Rd. in the Buckeye area Commission Recommendation: On 10/24/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2024064 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Ventata Ranch”, consisting of 6 full-size sheets, dated August 1, 2024, and stamped received September 10, 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 “Anthemnet/Verizon Wireless PHO Ventata Ranch”, consisting of 18 pages, dated August 2024, and stamped received September 10, 2015, except as modified by the following conditions. c. This special use permit is valid for a period of 25 years and shall expire on November 20, 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 special use permit shall be removed within 90 days of such expiration or termination of use. d. The following SUP standards shall apply: 1. Max. Antenna Array Diameter: 10’ 2. Max. Tower Diameter 3’ 3. Min. North & East Setback from Rural/Residential Zoning: 65’ e. The following engineering condition 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 Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. f. Noncompliance with any Maricopa County regulations will be grounds for possible revocation of this special use permit pursuant to the process set forth in the Maricopa County Zoning Ordinance. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. 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 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-44-25-041-X-00)

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