Vote: approved

Item Text

8. MMI WITTMANN AZ ILA (Supervisorial District: 4) Case #: SU260001 Applicant and Owner: Brent Miller, Ledcor Group / 37 Acres R & G Ranch Properties, LLC Request: Special Use Permit (SUP) for a fiber-optic utility compound in the Rural-43 WHSC zoning district Site Location: Generally located approx. 0.6 miles SE of 251st Ave. & US 60 (Grand Ave.), in the Circle City / Morristown / Surprise area Commission Recommendation: On 9/24/26, the Commission voted 7-0 (motion by Commissioner Rochwalik D3, seconded by Chair Milhaven D2) to adopt a motion recommending the Board of Supervisors approve SU260001 subject to conditions ‘a’ to ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Whittman ILA,” consisting of five full-size sheets, dated June 3, 2026, and stamped received July 30, 2026, 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 “MMI-Whittman AZ,” consisting of five pages, dated July 29, 2026, and stamped received July 30, 2026, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The parcel, 503-16-006A, contains areas of a FEMA designated special flood hazard area. Proposed utility shelter does not appear to encroach into the floodplain. Any encroachment or grading of the floodplain will require a flood use permit and a building permit. 2. Site is in proximity and access is via US 60 and requires ADOT approval via the redletter@azdot.gov process. ADOT approval must be obtained prior to building permit issuance. 3. Engineering review of entitlement cases is conceptual in nature. All development and engineering design shall be in conformance with Section 905 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. 4. The County does not provide fire service, therefore, it is incumbent that the applicant seek service and approval of plans from the jurisdictional fire service provider. d. This special use permit is valid for a period of 30 years and shall expire on October 21, 2056, 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. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. The owner shall submit construction permits to establish the land use and for site improvements as shown on the site plan and receive final inspection status from the Planning & Development Department Inspections Division establishing the use prior to commencing operations. Violation of this condition may be grounds for revocation as set forth in the Maricopa County Zoning Ordinance. 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 property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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 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-44-27-038-X-00)