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

6. ANTHEMNET/VERIZON WIRELESS “PHO WESTPARK WEST” Case #: SU250027 Supervisor District: 5 Applicant and Owner: Todd Daoust / Mount Zion Holy Spiritual Church of God Request: Special Use Permit (SUP) for a wireless communication facility (WCF) in the Rural-43 zoning district Site Location: Generally located at the NEC of Pima St. and Palo Verde Rd. in the Hopeville/Buckeye area Commission Recommendation: On 10/9/25, the Commission voted 7-0 (motion by Commissioner Whitney D3, seconded by Commissioner Rockwalik D3) to adopt a motion recommending the Board of Supervisors approve SU250027 subject to conditions ‘a’ – ‘l’ as follows: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Westpark West“, consisting of 8 full-size sheets, dated 6/27/25 and stamped received 7/25/25 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 for Special Use Permit Application – Anthemnet/Verizon Wireless ‘PHO Westpark West’”, consisting of 12 pages, stamped received 7/25/25 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. 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 upon the conceptual nature of the information submitted, changes to the site layout may be necessitated by the final design of the infrastructure. 4. The CMU enclosure will require drainage openings (turned block, every other block, no decorative block permitted) along the bottom. 5. Palo Verde Road is within the jurisdiction of the City of Buckeye. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements associated with this project. d. The maximum height of the Wireless Communication Facility shall be limited to 70’ (up to 75’ for stealth branches) unless an Eligible Facilities Request under Section 6409 of the Spectrum Act. e. The maximum allowed antenna array diameter is 16’-8” unless an Eligible Facilities Request under Section 6409 of the Spectrum Act. f. The maximum allowed tower diameter is 3’-8” unless an Eligible Facilities Request under Section 6409 of the Spectrum Act. g. The following setbacks shall apply: 1. Northern Setback to antenna array: 66’ 2. Eastern Setback to antenna: 37’-8” 3. Southern Setback to antenna: 118’-10” h. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility unless an Eligible Facilities Request under Section 6409 of the Spectrum Act. i. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing fronds or branches shall be replaced within 90 days of such damage occurring. j. This special use permit is valid for a period of 30 years and shall expire on November 5, 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. k. 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. l. 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-44-26-042-X-00)

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