Vote — approved

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

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

Item Text

10. PHO WINTERSBURG 10 WCF Case #: Z2024062 Supervisor District: 4 Applicant and Owner: Declan Murphy / Mt. Olympus Investments, LLC Request: Special Use Permit (SUP) for a Wireless Communications Facility (WCF) in the Rural-43 zoning district Site Location: Generally located quarter mile southeast of the SEC of Wintersburg Rd. and Osborn Rd. in the Tonopah area Commission Recommendation: On 7/10/25, the Commission voted 6-0 (motion by Commissioner Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z2024062 subject to conditions ‘a’ – ‘m’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Wintersburg 10“, consisting of 11 full-size sheets, dated April 2, 2025, and stamped received May 19, 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 “PHO Wintersburg 10”, consisting of four pages, dated October 5, 2024, and stamped received November 14, 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. 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 site’s drainage infrastructure. 3. The building permit application will require an engineered grading and drainage plan to indicate how runoff from the north will be diverted around the compound. No retention will be required. 4. The site contains areas of regulated floodplains. Any required improvements to the access drive to the Wireless Communication Facility from Wintersburg Rd. would require a floodplain use permit. 5. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the Intestate-10 Frwy. 6. Access to the site is through ADOT Right-of-Way and may require an ADOT Right-of-Way permit. 7. The applicant must execute a Wireless Agreement with MCDOT for all equipment, conduit, F/O and other work that will be within the MCDOT R/W. This agreement must be coordinated with Shawn Coleman, MCDOT Utility Branch Coordination Manager, 602-506-8603 or Shawn.Coleman@maricopa.gov. d. The maximum height of the Wireless Communication Facility shall be limited to 100 feet. e. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. f. This special use permit is valid for a period of 30 years and shall expire on August 20, 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. g. The Wireless Communications facility shall be painted a color that is compatible with the surrounding environment and any exposed portions of the monopole mast shall be non-reflective. h. All ground-mountain equipment associated with the Wireless Communications shall be screened by a minimum six foot tall solid wall and screened gates. i. The maximum diameter of the antenna array shall be 12 feet. j. There shall be a 94 foot west/south setback and 142 foot north setback from the monopole’s antenna array to the property lines. k. All associated driveway and parking area for the facility shall be surfaced with alternative dust control methods, such as decomposed granite or other method deemed acceptable by the County’s Air Quality Department. l. 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. m. 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 owner 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 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-44-26-020-X-00)