Vote — approved

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

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

Item Text

14. AZL01701 Case#: SU250006 Supervisor District: 5 Applicant / Owner: Bill Koning, Smartlink Group / Scott & Barbara Schroder Request: Special Use Permit (SUP) for a wireless communication facility (WCF) in the Rural-43 zoning district Site Location: Generally located approximately 1,060’ north and 150’ west of the NWC of Lower River Road and Bruner Road in the Buckeye area Commission Recommendation: On 6/26/25, the Commission voted 6-0 (motion by Commissioner Whitney D3, seconded by Commissioner Toma D4) to adopt a motion recommending the Board of Supervisors approve SU250006 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “AZL01701 Lower River Ranch,” consisting of 7 full-size sheets, dated April 14, 2025, and stamped received April 17, 2025, 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 “Narrative Report SU250006”, consisting of 7 pages, stamped received May 30, 2025, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Work in the Lower River Road Right-of-Way requires a permit from MCDOT, issued through Planning and Development concurrently with the Building Permit. 2. Culvert design within MCDOT Right-of-Way must conform to RDM Section 4.7.5. 3. The proposed construction appears to meet the requirements of the Maricopa County Zoning Ordinance Section 1205.7.7 and as such a site plan showing the scope of construction is required for building permit issuance. 4. 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 Shawn Coleman, MCDOT Utility Branch Coordination Manager, 602-506-8603or Shawn.Coleman @maricopa.gov. 5. The strip of land directly north of Lower River Road is within the jurisdiction of the City of Buckeye. The applicant is responsible for coordinating with the City to review any permitting requirements for work within their jurisdiction. 6. 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. 7. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure. 8. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits d. The maximum height of the Wireless Communication Facility shall be limited to 85’. e. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. 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. This special use permit is valid for a period of 30 years and shall expire on July 23, 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. h. The following SUP standards shall apply: 1. Maximum WCF Height: 85’ 2. Maximum WCF Antenna Array Diameter: 18’ 3. Minimum Setback from East Lot line: 149’ 4. Minimum Setback from South Lot Line: 98’ i. 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. j. 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 n 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 may be considered for revocation 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-44-26-006-X-00)