Exhibit I-PLZU-25-0003 AT&T Cell Tower Conditional Use Permit-Opposition Letter-PZ20260127

City of Buckeye — Planning & Zoning Commission (2026-01-27)

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| WITHEY
| il MORRIS
BAUGH

December 23, 2025

Adam Copeland

Deputy Director of Planning
Patricia Cooley

Planner Il

City of Buckeye

Planning and Zoning Department
Teddy Burton

Chairman of Planning Commission
530 East Monroe Avenue
Buckeye, AZ 85326

Re — Special Use Application; Your file Number PLZZ-25-0003
Gentlemen

This firm represents Mr. Beryl Shears and his company, Western Pilot. The purpose of
this correspondence is to voice our strong opposition to the Special Use Permit which ts the
subject of your application Number PLZU-25-0003 (the “Application”). It is being pursued by the
Smartlink Group on behalf of AT&T on property owned by the Hardesty Family Revocable Trust
The effect and intent of the application is for AT&T to build a 100-foot cell tower, 300 feet from
the runway of the private airport located on the contiguous property The Application should be
denied

In the first instance, it unsafe by any reasonable standard Please refer to the Code of
Federal Registry, 14 CFR 77 19 That provision establishes imaginary surfaces with relation to
airports and runways. Subsection (e) clearly establishes a 7 to 1 slope from the sides of runways
That Is, a 100-foot tower requires a setback of 700 feet The Application requests less than half
that It is clearly below federal standards (while not binding on private airports, are certainly
instructive on what is considered safe) The standards are for the protection of the public The
proposed tower is unsafe.

In the second instance, for some reason the Board has not been made aware that our
client has the right, under a lease relationship with the applicant, to purchase all or a portion of
the subject property in the event of development or subdivision of the leased parcel We were
very surprised the leased parcel is indeed being subdivided, while at the same time Mr. Shears
was not consulted about the special use permit Application or the tower

Considering the proposed use is inherently unsafe, and that this Commission (as well as,
importantly, our client) was not informed of the true facts, we respectfully request this application
be denied in its entirety

P: 602.230.0600 wmbattomeys.com 2121 E Highland Ave
F: 602.212.1787 info@vmbattorneys.com Phoenix, AZ 85016

be Mh
City of Buckeye Planning

And Zoning Department
Page 2

cc. Misty Hunter, Smartlink Group

Sincerely,

WITHEY MORRIS BAUGH PLC
ae
By

David R. Baker, Esq.
Of Counsel