PLZU-25-0003 - Staff Report.docx
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PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 1 of 9 CONDITIONAL USE PERMIT Report to the Planning and Zoning Commission CASE NUMBER: PLZU-25-0003 TITLE: AT&T Cell Tower AZL01655 MEETING DATE: November 25, 2025 Applicant: Misty Hunter, Smartlink Group, representing AT&T Owner: David Hardesty Request: Conditional Use Permit to allow a new multi-carrier telecommunications facility, which includes a 90-foot faux elm tower and associated equipment within a 2,500-square foot enclosure with an eight-foot two-inch screen wall. District Location: 1 South and west of the SWC of South Rooks Road and West MC 85/West Highway 85 on the southern portion of 26103 W MC85, Buckeye, AZ 85326 Lease area size: 2,500 square feet Public input: A neighborhood meeting was held on August 20, 2025 at 6:00 p.m.. No residents attended. The applicant received one phone call from an adjacent property owner asking why he was not asked if he wanted a cell tower, see Exhibit H. No other responses were received, see Exhibit G. All required public hearing notices were completed. Recommendation: Approval with conditions PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 2 of 9 PROJECT DESCRIPTION 1. Misty Hunter of Smartlink, representing AT&T, on behalf of David Hardesty, is requesting approval of a Conditional Use Permit (CUP) located at 26103 West MC 85 to accommodate a new multi-carrier telecommunications facility with a height of approximately 90 feet within a 2,500 square feet leased area. 2. The associated proposed Site Plan provides one parking space as required by the Development Code, see Exhibit E – Proposed Site Plan. 3. The proposed faux elm cellular tower has been designed to accommodate one Cingular Wireless (AT&T) array with two additional future carriers. The tower compound and accessory facilities will be screened with an eight (8) foot CMU wall with a two (2) inch cap. Landscaping will be provided to include trees similar to the faux elm. 4. The City of Buckeye Development Code requires approval of a CUP for all new telecommunication facilities in the Planned Community zoning district. The purpose of a CUP is to allow for an additional layer of review for uses that have widely varying operational characteristics to ensure appropriate measures are incorporated on a case- by-case basis to minimize potential adverse impacts of the use. AREA CONTEXT 5. The subject lease area is located south and west of the SWC of South Rooks Road and West MC 85/West Highway 85 on existing parcel 401-87-013, approximately 636 feet south of West MC 85 (U.S. Highway 85) and 450 feet north of the south property boundary where a private airstrip is located on a separate parcel. Table 1: Existing Land Use, General Plan Designation, and Zoning District PUBLIC PARTICIPATION SUMMARY 6. All required notifications of this public hearing were completed over fifteen (15) days in advance of the meeting date, as shown below. LAND USE GENERAL PLAN ZONING Subject Property Residential Employment Planned Community (PC) North Agriculture Employment General Commerce (GC) South Agriculture/Private Airstrip Employment Planned Community (PC) East Agriculture Employment Light Industrial (I-1) West Agriculture Employment Business Park (BP) PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 3 of 9 7. A neighborhood meeting, providing an opportunity for interested parties to learn more about the request, was held on August 20, 2025, at 6:00 p.m. at 1002 East Eason Avenue. As required by the Buckeye Development Code, written notices to property owners within 300 feet of the subject site were mailed on July 30, 2025, over fifteen (15) days prior to the date of the meeting. 8. No (0) persons attended the neighborhood meeting except for the applicant and City staff. Staff has not received any written or verbal feedback from the public pertaining to this request. The applicant received one phone call from an adjacent property owner asking why he was not asked if he wanted a cell tower, see Exhibit F. Notification Element Date Neighborhood Meeting Notice - Mailing to Property Owners within 300 feet 07/30/2025 Planning and Zoning Commission Meeting Notice - Mailing to Property Owners within 300 feet 10/16/2025 Planning and Zoning Commission Meeting Notice - Newspaper Ad 10/25/2025 Planning and Zoning Commission Meeting Notice - Site Posting 11/05/2025 BACKGROUND 9. November 30, 2005: The Mayor and Council approved an annexation under Ordinance 61-05. 10. June 6, 2006: The Mayor and Council approved a rezone to Planned Community (PC) under Ordinance 40-06. 11. September 21, 2023: The applicant held a Pre-Application Conference (PAC) with staff under Case PLZM-23-00096. 12. August 20, 2025: A neighborhood meeting was held at 1002 East Eason Avenue. ANALYSIS General Plan 13. The subject property is designated as Employment in the General Plan, see Exhibit B. This land use designation denotes areas of development that have a focus on employment opportunities that contribute to the overall local and regional economy. This may include industrial uses, such as warehouses and manufacturing facilities, as well as business parks. PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 4 of 9 The proposed cell tower would provide improved cell phone coverage, in support of employment opportunities and would be in compliance with the General Plan Employment Land Use designation. Zoning 14. The existing zoning, Planned Community (PC), is an obsolete zoning district designed to accommodate all land uses approved as part of a Community Master Plan, where specific uses, public services, densities, and design criteria have been identified and adopted, see Exhibit C. 15. The parcel is not subject to a Community Master Plan; therefore, the Development Code prevails. The PC Zoning District requires a CUP for a new telecommunications facility. Use Specific Standards for Cell Towers 16. The Development Code requires freestanding towers to be set back from any residential property boundary a distance equal to the height of the proposed tower. 17. The location of a cell tower on the same residential parcel as a single-family dwelling is not permitted and requires a subdivision to create a property boundary to meet the setback requirement. A subdivision application has been submitted to meet the minimum residential property boundary requirement. Conditional Use Permit Review Criteria 18. The purpose of the CUP is to ensure that certain specified uses, by nature of their physical or operational characteristics, or impact on the traffic of adjoining streets, can be designed and developed in a manner that promotes compatibility with the surrounding area, consistency with the Buckeye General Plan, and that the use is not injurious to the health, safety, and general welfare of the community. 19. Per the Buckeye Development Code Section 3.2.2.I.3, all new telecommunication facilities must comply with the following standards: a. Towers shall only be permitted if evidence of need has been produced by the applicant. i. The applicant indicated there are no existing towers or structures located within the geographic area required to meet engineering, capacity, or technical requirements, see Exhibit D. ii. The AT&T indoor signal strength (RSRP) maps indicate a higher indoor signal strength with the proposed tower, see Exhibit D. PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 5 of 9 b. The base maximum height for towers is 50 feet in the PC Zoning District. The height for a freestanding tower must be measured from grade at the base of the tower to the highest point on the tower structure, including any installed antennae and lighting and supporting structures, but not including any palm fronds or other stealth application. A new tower may exceed the base maximum height if designed to accommodate one additional user's equipment for every 25 feet of tower height above the base maximum height. The maximum bonus height allowed for co- location is 200 feet for PC zoning. i. The proposed design includes one AT&T array with two additional future carrier antenna array. The total height allowance with two collocations is 100 feet. The applicant is proposing a 90-foot tower, under the allowable 100 feet, see Exhibit E. c. All freestanding towers must be set back from any residential property boundary a distance equal to the height of the proposed tower. i. The proposed site will be located approximately 90 feet from the nearest residential property boundary to the north upon approval of the associated subdivision, meeting the 90-foot minimum, see Exhibits A and E. d. The base of the tower and each guy anchor must be surrounded by a fence or wall at least eight feet in height that effectively screens the view of the tower compound and accessory facilities from view from adjacent streets and properties. i. The lease area is on the southern portion of existing parcel 401-87-012 with an eight (8) foot wall with two (2) inch cap and not easily viewable from MC 85, see Exhibit A. ii. The proposal incorporates camouflage technology to mimic an elm tree, intended to blend in with landscaping proposed with the associated site plan. e. All tower sites shall be served by a driveway from a public street and said driveway shall be paved with an all-weather surface. However, sites in areas of restricted street access may be served by driveways from paved public or private parking lots. Any existing tower site that uses an unpaved driveway to access a public street, and which driveway allows the deposit of dirt, gravel or similar material to be deposited on the public streets during rain conditions, shall be considered a public nuisance, and may be abated in accordance with the general ordinances dealing with nuisance abatement. i. The proposed tower site access extends from MC 85 on the east side of parcel 401-87-012, see Exhibit E. The driveway is proposed to be a 14-inch- PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 6 of 9 thick aggregate base course all weather surface, compacted per the soil report. 20. Section 8.7.1.B of the Buckeye Development Code (BDC) outlines the applicable criteria for evaluating a CUP. The Development Services Department must review applications and make a recommendation for approval or denial to the Planning and Zoning Commission based on the following criteria (staff responses in Italic): The proposed use is consistent with the General Plan and all applicable provisions of this Development Code and applicable state and federal regulations; The proposed use and preliminary design of the proposed telecommunications facility are compliant with the provisions of the Development Code, including, but not limited to, all use specific standards in Section 3.2.2.I. Staff will ensure full compliance with the Development Code at time of Site Plan approval. The Federal Aviation Administration (FAA) has conducted an aeronautical study concerning the proposed tower and provided a letter stating Determination of No Hazard to Air Navigation. The study determined the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation provided that the applicant fulfils FAA requirements, see Exhibit F. A subdivision adjusting lot lines to meet the minimum separation requirement to residential lot lines has been submitted and will be required to be approved prior to approval of building permits. The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in Article 3 of this Development Code; A telecommunications facility is a permitted use in the Planned Community (PC) Zoning District with a CUP. The applicant has met the burden of proof that a new facility is needed in this location due to a gap in coverage in this area. Additionally, the proposal meets or exceeds all use-specific standards of Section 3.2 of the Development Code. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (such as, but not limited to, hours of operation, traffic generation, noise, odor, dust, and other external impacts); PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 7 of 9 The proposed telecommunications facility is compatible with the surrounding area as it features a stealth design with a screen wall that conceals the equipment and matches the aesthetics of the surrounding development. The setback of the proposed location will meet the required setback from adjacent residential property to the north. Traffic generated will be limited to occasional work trucks accessing the site for maintenance during regular business hours. Noise will be limited to a backup generator, producing minimal sound. The access will be a dust- free all-weather surface. The Applicant has provided a Determination of No Hazard to Air Navigation from the FAA and the tower is located approximately 450 feet from the private airstrip to the south. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; The screen wall and faux elm tree design of the facility is intended to blend unobtrusively into the existing built environment and proposed landscaping. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation (as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; The subject property is currently receiving all the aforementioned services, with no impact on these services due to the proposed facility for the existing development. Adequate assurances of continuing maintenance have been provided; and The City Buckeye Development Code requires the tower is maintained in compliance with the standards contained in the applicable Building Codes and standards for towers established by the Electronic Industries Associated. AT&T has agreed to Conditions of Approval, including that the facility shall be in compliance with any and all applicable federal, state, and local requirements. Any significant impacts on the natural environment will be mitigated to the maximum extent practicable. There will be minimal to no adverse effects on the natural environment. Any significant adverse impacts will be mitigated to the fullest extent possible. PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 8 of 9 21. In the event of noncompliance by the applicant with the CUP or any conditions of approval, or if the conditional use is not in operation within two years after the date of its approval, the Planning and Zoning Commission may initiate proceedings to review the CUP. Such review shall occur in the same manner as the original approval, and upon completion of such review the Planning and Zoning Commission may revoke the CUP or amend the original approval. RECOMMENDATION 22. Staff recommends the Planning and Zoning Commission motion for approval with conditions a – g of PLZU-25-0003 for the following reasons: Conformance with the Buckeye General Plan; Conformance with the CUP standards outlined in the Buckeye Development Code; The use is consistent with the character of the area; and No outstanding issues for reviewing departments (Engineering, Fire, Public Works, Community Services, Police, Water Resources, and Development Services). a. The use shall substantially conform to the Project Narrative (Exhibit D) consisting of 13 pages stamped received SEPT 25, 2025, except as modified by the following stipulations. b. In accordance with Section 8.7.1.C.1-2 of the Buckeye Development Code, the CUP will expire on November 25, 2027 if the use has not commenced. Should the use cease operation for a period longer than one year, then the permit shall be considered void. c. Any damaged leaves and branches must be replaced promptly to ensure the broadleaf tree always appears full and maintains a complete and effective concealment of all pole mounted equipment. d. Approval of an Administrative Site Plan is required prior to approval of Building and Engineering permits. e. Approval and recordation of a Subdivision adjusting lot lines is required prior to approval of Building and Engineering permits. f. The telecommunications facility shall be in compliance with any and all applicable federal, state and local requirements while in operation. g. The property owner/s and their successor waive any and all claims for diminution in value of the property with regard to any action taken by City of Buckeye as a result of this approval. EXHIBITS Exhibit A – Vicinity Map PLZU-25-0003 AT&T Cell Tower AZL01655 Conditional Use Permit Page 9 of 9 Exhibit B – General Plan Land Use Map Exhibit C – Zoning Map Exhibit D – Narrative Exhibit E – Proposed Administrative Site Plan Exhibit F – FAA Determination Exhibit G – Citizen Participation Report Exhibit H – Citizen Question Prepared by: Patricia Cooley, Planner II Reviewed by: Adam Copeland, Deputy Director of Planning