Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

7. PHO RANCHOS_10 Case #: SU240009 Supervisor District: 5 Applicant & Owners: Kenneth Hale, Smartlink Group / Pierre and Deberah Duringer Request: Special Use Permit (SUP) for a wireless communications facility (WCF) in the Rural-43 zoning district Site Location: Generally located approximately 1,900’ north of the NWC of 309th Ave. and Yuma Rd. in the Buckeye area Commission Recommendation: On 1/9/25, the Commission voted 5-0 (motion by Vice-Chair Lindblom D1, seconded by Montoya D5) to adopt a motion recommending the Board of Supervisors approve SU240009 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “PHO_Ranchos_10“, consisting of 20 full-size sheets, dated October 7, 2024, and stamped received November 6, 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 “PHO RANCHOS_10 - 17003306”, consisting of 4 pages stamped received November 6, 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; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. The proposed construction appears to meet the requirements of the Maricopa County Zoning Ordinance Section 1205.7.7 and as such a site plan containing the information on the attached checklist (form 718) is required. 3. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final design of the infrastructure. d. This special use permit is valid for a period of 30 years and shall expire on February 12, 2055, 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. e. The maximum allowed antenna array diameter is 16.5’ unless an Eligible Facilities Request under Section 6409 of the Spectrum Act. f. Parking for the WCF may be surfaced with decomposed granite. g. Noncompliance with any of the conditions assigned to the approval of this Special Use Permit by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. 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-44-25-074-X-00)

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