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

8. PHO SANTA BARBARA Case #: Z2024022 Supervisor District: 4 Applicant and Owner: Kenneth Hale, Smart Link Group / Johns Kelly J. / Donal V. Jr. Request: Special Use Permit (SUP) for a wireless communications facility in the Rural-43 zoning district. Site Location: Generally located approx. 1,228 feet NW of Gompers Ct. & 243rd Ave. in the Morristown area. Commission Recommendation: On 07/10/25, the Commission voted 6-0 (motion by Acting Chairman Hernandez D5, and second by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z2024022 subject to conditions ‘a’ – ‘g’ . a. Development of the site shall be in substantial compliance with the site plan entitled “PHO Santa Barbara” consisting of eight (8) full size sheets stamped received May 28, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “PHO Santa Barbara - 17003300” consisting of six (6) pages dated April 22, 2025 and stamped received May 28, 2025, except as modified by the following conditions. c. 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 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 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. Detailed Grading & Drainage Plans and Final Drainage Report must be submitted with the application for Building Permit. 4. The Grading and Drainage Plans for the Building Permits must show the FEMA Zone AE Floodway limits and that the chain link fence is outside the floodway. e. Non-Compliance with any Maricopa regulations will be grounds for possible revocation of this special use permit pursuant to the process set forth in the Maricopa County Zoning Ordinance. f. 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. g. 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 exiting 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 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-44-26-024-X-00)