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Report to the Board of Supervisor Prepared by the Maricopa County Planning and Development Department Board Hearing Date: April 7, 2021 Case #/Title: Z2020008 – Arizona Game & Fish WCF Supervisor District: 2 Applicant/Owner: Steve Olson / Arizona Game & Fish Commission Request: Special Use Permit (SUP) for a new wireless communications facility – 41’ monopole stealth designed as a Giant Saguaro - in the Rural-70 zoning district Site Location: Generally located ¾ mile southwest of the southwest corner of Usery Pass Rd. and Indian School Rd. (alignment) Site Size: Approximately 17.3 acres County Island Status: Yes (City of Mesa) Additional Comments: This is a request for a Special Use Permit (SUP) for a new 600 square foot wireless communications facility (WCF), located in the southwestern portion of the Usery Mountain Shooting Range owned by the Arizona Game and Fish Commission. The site is generally located ¾ mile southwest of the southwest corner of Usery Pass Rd. and Indian School Rd. alignment in the Mesa area. The proposed facility will contain a 41-foot tall wireless communications tower disguised as a faux Saguaro cactus. The faux cactus will have a main trunk with two arms on either side of the trunk, which both conceal panel antennas. Additionally, the facility will contain ancillary equipment, electric cabinet, and generator all contained in a 352 square foot compound enclosed by 12-foot high CMU masonry walls painted a natural desert color. The facility will be accessed by a driveway from the end of the Gun Range Rd., which is the main access to the property’s gun ranges. The site is adjacent to a live fire rifle range to the east and natural desert dominated with Upper Sonoran Desert vegetation, which will match the facility’s faux cactus. There are no outstanding concerns from reviewing agencies. The City of Mesa has been contacted concerning this request and as the date of this report have not received any response in refence of this request. . April 7, 2021 Z2020008 Page 1 of 3 Commission Recommendation: On 3/11/21, the Commission voted 6-0 to recommend approval of Z2020008 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “AZ Game and Fish WCF “, consisting of five full-size sheets, dated January 11, 2021, and stamped received January 27, 2021, except as modified by the following conditions b. Development of the site shall be in substantial conformance with the Narrative Report entitled “AT&T AZ Game & Fish WCF”, consisting of four pages, dated January 21, 2021, and stamped received January 27, 2021, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design purposes 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 d. The following Wireless Communications Facility development standards and rural fence requirements shall apply: 1. Maximum height of the Wireless Communication Facility shall be limited to 41 feet; unless increased height for an Eligible Facilities Request per Federal Rule can be accommodated with maintenance of integrity of stealth design. 2. Minimum setback the Wireless Communication Facility from any property line shall be 23 feet. 3. Maximum diameter of the antenna array of the wireless communications tower shall be 12½ feet; unless increased height for an Eligible Facilities Request per Federal Rule can be accommodated with maintenance of integrity of stealth design. 4. Maximum diameter of the wireless communications tower’s base shall be 44 inches, unless increased height for an Eligible Facilities Request per Federal Rule can be accommodated with maintenance of integrity of stealth design. 5. Maximum height for the Wireless Communications Facility perimeter fences shall be 12 feet. April 7, 2021 Z2020008 Page 2 of 3 e. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing faux cactus shrouds shall be replaced within 60 days of such damage occurring. f. A Minor Amendment approved administratively shall be required to co-locate future carriers on the Wireless Communication Facility. g. This Special Use Permit is valid for a period of 20 years and shall expire on April 7, 2041, 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. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 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 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. Presented by: Martin Martell, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachment: 3/11/21 P&Z Packet (19 pages) Note: 3/11/21 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. April 7, 2021 Z2020008 Page 3 of 3 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2020008 – Arizona Game & Fish WCF Hearing Date: March 11, 2021 Supervisor District: 2 Applicant: Steven Olson, Bechtel Infrastructure & Power Corporation Owner: Arizona Game & Fish Commission Request: Special Use Permit (SUP) for a new wireless communications facility – 41’ monopole stealth designed as a Giant Saguaro - in the Rural-70 zoning district Site Location: Generally located ¾ mile southwest of the southwest corner of Usery Pass Rd. and Indian School Rd. (alignment) Site Size: Approximately 17.3 acres Density: N/A County Island: Yes (City of Mesa) County Plan: East Mesa Area Plan – Open Space Municipal Plan: Mesa – Parks/Open Space Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2020008 Page 1 of 7 Project Summary: 1. This is a request for a Special Use Permit (SUP) for a new 600 square foot wireless communications facility (WCF), located in the southwestern portion of the Usery Mountain Shooting Range owned by the Arizona Game and Fish Commission. The site is generally located ¾ mile southwest of the southwest corner of Usery Pass Rd. and Indian School Rd. alignment in the Mesa area The proposed facility will contain a 41-foot tall wireless communications tower disguised as a faux Saguaro cactus. The faux cactus will have a main trunk with two arms on either side of the trunk, which both conceal panel antennas. Additionally, the facility will contain ancillary equipment, electric cabinet, and generator all contained in a 352 square foot compound enclosed by 12-foot high CMU masonry walls painted a natural desert color. The facility will be accessed by a driveway from the end of the Gun Range Rd., which is the main access to the property’s gun ranges. The site is adjacent to a live fire rifle range to the east and natural desert dominated with Upper Sonoran Desert vegetation, which will match the facility’s faux cactus. 2. According to Article 1202.2.8 of the Zoning Ordinance, any proposed WCF that cannot meet the standards outlined in Article 1202.3 of the Zoning Ordinance shall obtain a SUP approved by the Board of Supervisors, which is the reason for this request. Another reason for this request is due to the fact there are no other WCF within a 1,000-foot radius of the chosen location. The placement of the facility was chosen because it was the highest point on the property and away from the property’s live fire ranges. However, this part of the property will place the facility with a 41-foot tall monocactus only 23 feet away from the westerly property line, where a setback of 82-feet is required. The applicant is requesting a reduction of this setback requirement to 23 feet in order to not interfere with the daily operations of the shooting range, and be setback far enough from the adjacent live rifle range. In addition, due to the unique design of the monocatctus with two arms to conceal, the antennae will have a wide array, therefore, the applicant is requesting to vary the required maximum diameter for antenna arrays to 12½-feet from the maximum eight-feet for WCFs. Additionally, to support the wide antenna array’s diameter, the applicant is requesting to vary the diameter of the supporting trunk of the monocactus to 44-inches, which exceeds the 30-inch maximum diameter for bases of wireless communication towers. These proposed varied diameters of both the array and base of the monocactus are needed due to structural requirements of the tower. This will ensure that the supporting arms and base are properly anchored to support the weight of the antennae, ancillary equipment, and the faux cactus shroud. Lastly, the applicant is requesting to conceal the adjacent ground equipment to support the monocactus by a perimeter 12-foot tall CMU masonry wall around the facility, which exceeds the required maximum eight-foot height for fences in a rural zoning district. Z2020008 Page 2 of 7 Z2020008 Page 3 of 7 Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: Rural-70 / Riffle and gun range North: Rural-190/ Natural desert Z2020008 Page 4 of 7 South: Rural-70 / Natural desert East: Rural-70/ Natural desert West: Rural-70 & RS-43 (Mesa)/ Natural desert Utilities and Services: 4. Water: N/A Wastewater: N/A School District: Mesa Unified School District Fire: Rural Metro Police: MCSO Right-of-Way: 5. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Usery Pass Rd. 65 feet 65 feet Minor Arterial Adopted Plans: 6. East Mesa Area Plan (adopted February 18, 1992): This area plan designates the site as Open Space, which denotes areas that would be best precluded from development. Additional uses in this category include parks, recreation areas, drainage ways and scenic areas. 7. Mesa 2040 General Plan (adopted June 16, 2014): Mesa’s General Plan designates the site within the Parks and Open Space character type. This character type is for large parks and areas of open space, which are used for passive or active recreation. Public Participation Summary: 8. The applicant has complied with the Maricopa County Citizen Review Process with the required posting of the property and notification by first class mail to adjacent property owners within 300 feet of the subject parcel and to interested parties. Staff did not receive any support or opposition to the proposal during the public participation process, nor before the writing of this report. Outstanding Concerns from Reviewing Agencies: 9. There are no outstanding concerns from reviewing agencies. Staff Analysis: 10. Staff is in support of this SUP request for a new WCF at this location. The facility is needed at this location to fill a gap in vital wireless communications for the general public and will be a beneficial aid for emergency first responders to provide critical care when needed in the area. The site’s location away from any structures and gun ranges to the Z2020008 Page 5 of 7 east and natural desert to the east that is ¾ mile from the nearest residence will make the site hardly noticeable by the general public. The use of a monocactus in this location painted a natural color will blend in an area with large numbers of adjacent natural Saguaro Cacti. Moreover, by having the facility’s perimeter walls a natural desert color it will also match the surrounding area. Staff supports the requested varied WCF development standards and rural zoning district fence requirements, which are justified for this WCF’s unique stealth design. Recommendation: 11. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘i’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “AZ Game and Fish WCF “, consisting of five full-size sheets, dated January 11, 2021, and stamped received January 27, 2021, except as modified by the following conditions b. Development of the site shall be in substantial conformance with the Narrative Report entitled “AT&T AZ Game & Fish WCF”, consisting of four pages, dated January 21, 2021, and stamped received January 27, 2021, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design purposes 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 d. The following Wireless Communications Facility development standards and rural fence requirements shall apply: 1. Maximum height of the Wireless Communication Facility shall be limited to 41 feet. Unless increased height for an Eligible Facilities Request per federal rule can be accommodated with maintenance of integrity of stealth design. 2. Minimum setback the Wireless Communication Facility from any property line shall be 23 feet. 3. Maximum diameter of the antenna array of the wireless communications tower shall be 12½ feet. Unless increased height for an Eligible Facilities Request per federal rule can be accommodated with maintenance of integrity of stealth design. Z2020008 Page 6 of 7 4. Maximum diameter of the wireless communications tower’s base shall be 44 inches. Unless increased height for an Eligible Facilities Request per federal rule can be accommodated with maintenance of integrity of stealth design. 5. Maximum height for the Wireless Communications Facility perimeter fences shall be 12 feet. e. The wireless communication tower shall retain the stealth properties as originally designed. Any damaged or missing faux cactus shrouds shall be replaced within 60 days of such damage occurring. f. A Minor Amendment approved administratively shall be required to co-locate future carriers on the Wireless Communication Facility. g. This Special Use Permit is valid for a period of 20 years and shall expire on April 7, 2041, 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. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 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 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. Presented by: Martin Martell, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 5 pages) Narrative Report (4 pages) MCESD comments (1 page) DPR comments (1 page) Z2020008 Page 7 of 7 MARICOPA COUNTY Application Name: AZL04775 Arizona Gam & Fish Legal Description T02N R07E 035, T2N R07E 35 Applicant Applicant Phone/Email STEVEN OLSON for BECHTEL INFRASTRUCURE & POWER 520.743.6097 STOLSON@BECHTEL.COM CORP Z2020008 Case Address Parcel Primary: 219-46-001A 3960 N USERY PASS RD MESA AZ 85207 219-51-003 Generated February 17, 2021 17:21 PM Gross Acres: 173 approx. Map scale 1:11,451 Supervisor District No. 2 AZL04775 "ARIZONA GAME & FISH" WCF PESI Maricopa County Planning & Development - Phoenix, AZ / 21 months 12 to up project PARENT PARCEL LEGAL DESCRIPTION NOTES CORRESPONDING TO SCHEDULE B OF FIDELITY NATIONAL TITLE LEASE AREA LEGAL DESCRIPTION NON-EXCLUSIVE FIBER UTILITY EASEMENT LEGAL DESCRIPTION AT&T this INSURANCE COMPANY, TITLE NO.: AZ-FMPC-IMP-N/A-1-19-10005085, of REFERENCE NO.: AZL02581 purpose construction for document NOT A SURVEY MATTER this in contained UTILITY ACCESS RIGHT-OF-WAY LEGAL DESCRIPTION BECHTEL INFRASTRUCTURE AND POWER CORPORATION information the use to AFFECTS PARENT PARCEL, NO EASEMENTS TO PLOT. right the has customer our reserved. Only rights consent. All written files. AFFECTS PARENT PARCEL, NO EASEMENTS TO PLOT. electronic without the format of any re-use in or DOES NOT AFFECT PROPERTY, WRONG SECTION NON-EXCLUSIVE POWER UTILITY EASEMENT LEGAL DESCRIPTION use reproduced the to or related disclosed or DOES NOT AFFECT PROPERTY, WRONG MAPS from used, be arising cannot expenses It project. or AFFECTS PROPERTY, PLOTTED judgments, specific a on demands, use for liability, solely suits, information claims, all contains from and AbnE Engineering harmless Abn hold of & item defend, proprietary indemnify a is to agrees document user This The 2018. SURVEY PREPARED BY: document. (AbnE), this on Engineering date stamped 11402 N. CAVE CREEK ROAD ©Abn PHOENIX, AZ 85020 SS-2 & PH: (602) 670-8635 seal JOB NO.: 20128 brett@infinityphx.com Copyright from HEIGHT: 12' NARRATIVE REPORT Maricopa County Zoning Case #: Z2020008 PROJECT NAME AT&T AZ Game & Fish WCF LOCATION Usery Mountain Shooting Range 3960 N. Usery Pass Road Mesa, AZ 85207 1/21/21 Bechtel Infrastructure and Power Corporation 4030 E. Quenton Drive, Suite 101-E Mesa, AZ 85215 P I 520-743-6087 F I 623-282-3150 AT&T proposes to construct a wireless communication facility (WCF) located at the Usery Mountain Shooting Range on property owned by the State of Arizona by and through The Arizona Game and Fish Commission. The proposed facility will be disguised as a 41-foot tall faux Saguaro cactus. The faux cactus will have a main trunk and two arms, each of which will conceal a panel antenna. An elevation view of the faux Saguaro is provided at the end of this report. A Special Use Permit is required for the WCF. Access to the site from Usery Pass Road is provided by an existing paved road leading back to the rifle range. The project site is located adjacent to the parking lot of the rifle range. A new 12-foot widedriveway will be installed to provide drive-up access to the WCF. The new driveway will be covered with decomposed granite (DG) to provide dust control. The WCF will be setback 23’-2” from the adjacent property line. The applicant is requesting a varied setback of 23' - 2" from the adjacent property line, where 82’ from a property line would be required for a 41’ tall wireless structure. The varied setback is needed due to placement of the facility within the existing shooting range environment. AZ Game & Fish officials asked that the WCF be placed such that it would not interfere with daily operations. The facility also had to be located so it would not encroach on boundaries for the adjacent live fire rifle range. The location selected is the highest available elevation on the property that meets these criteria. It will provide coverage for the shooting range, Usery Pass Road, and the surrounding Usery Park and residential areas. The faux Saguaro is configured with a main trunk and two arms. Due to the size of the WCF antennas, the applicant is requesting to vary the required diameter of the main trunk support structure of the monocactus to 4 feet, where 2.5 feet is the maximum diameter allowed for the main trunk support structure of the monocactus. The color palette for the structure is a proprietary manufacturer formulation specifically designed to match the color variegations of a live Saguaro cactus. The array diameter of the faux cactus, including the main trunk and two arms, is approximately 12’-6” across. The applicant is requesting to vary the array diameter from the 8-foot maximum allowed for WCF arrays. The proposed array diameter is a structural requirement to ensure the supporting arms are properly angled and anchored to the main trunk to support the weight of the antennas, ancillary equipment, and the faux cactus shroud. The proposed diameter ensures structural and aesthetic balance. The proposed CMU wall equipment enclosure is 12’ high. This wall height provides concealment of the AT&T equipment shelter. The wall height also provides a measure of security as a deterrent to overly curious passersby. The applicant is requesting a wall height variance from the 8’ maximum wall height allowed in rural zoning districts. The enclosure will be painted with a Sherwin Williams SW 7567 Natural Tan or equivalent to blend with the desert environment. Bechtel Infrastructure and Power Corporation 4030 E. Quenton Drive, Suite 101-E Mesa, AZ 85215 P I 520-743-6087 F I 623-282-3150 The WCF is buffered from the nearest residential uses by a large natural desert parcel. The neighboring property adjacent to the WCF is vacant natural desert populated with native Saguaro cacti. The applicant believes the faux Saguaro design of the WCF will blend well in this environment. The nearest residential area is located southwest of the WCF approximately 7/10 of a mile away. The WCF is setback from the parcel boundaries approximately 2,375 feet to the north, 879 feet to the east, and the aforementioned 29’-10” to the southwest. The structures located nearest to the WCF are setback 140 feet (a trailer) and 110 feet (the rifle range). Usery Pass Road is located approximately 4/10 of a mile southeast of the facility. Surrounding non- residential uses include vacant land to the west and north, and Usery Park to the southeast. At this time, there are no plans to expand the WCF or to add appurtenances. The design of the WCF as a faux Saguaro is self- limiting in that regard. There are no existing WCFs within a 1000-foot radius of the AT&T site location. Due to the abundance of surrounding vacant land, there are no existing vertical structures of a height equal to or greater than the proposed structure within the search area. The facility is needed to fill a significant gap in coverage as shown on the propagation maps submitted with the application. In addition to providing AT&T wireless services to the general public, the facility will include service for the FirstNet project. In 2012, Congress created the FirstNet Authority (https://firstnet.gov/) which is responsible for building a nationwide public safety broadband wireless network for first responders. The FirstNet Authority awarded a competitive contract to AT&T to build the network for public safety (https://www.firstnet.com/). Bechtel Infrastructure and Power Corporation 4030 E. Quenton Drive, Suite 101-E Mesa, AZ 85215 P I 520-743-6087 F I 623-282-3150 ELEVATION VIEW Bechtel Infrastructure and Power Corporation 4030 E. Quenton Drive, Suite 101-E Mesa, AZ 85215 P I 520-743-6087 F I 623-282-3150 Maricopa County Environmental Services Department Water and Waste Management Subdivision Planning Program Infrastructure & DATE: March 16, 2020 1001 N. Central Avenue #150 Phoenix, Phone: (602) Arizona 506-1058 85004 TO : Martin Martell, Planning & Development Dept. Fax: (602) 506-5813 Planner TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Wireless Communications Facility. Z2020008 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a request for a Wireless Communications Facility. Water and Wastewater services will not be provided. Based on the above, MCESD raised no concern about this project to the Planning & Development Department in Accela Automation on March 16, 2020 and can allow the project to proceed at this time subject to the following stipulations: Stipulations: None It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. Maricopa County Planning & Development Department Engineering Plan Review Date: February 12, 2020 Robert Fedorka, P.E. Planning & Development 501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Department of Planning & Development Phoenix, Arizona 85008 Phone: (602) 506-7151 www.maricopa.gov/planning Attn: Martin Martell, Planner, Planning & Development Services Email address: Bob.Fedorka@maricopa.gov From: Robert Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2020008 SUP for New Wireless Communication Facility (E1 Memo) APN(s): 219-46-001A Job Site Address: 3960 N. Usery Pass Road Engineering plan review (DPR, FCD and PND Transportation) has reviewed the Special Use Permit application routed for review on 02/12/2020 (first submittal), and has no objections provided the following condition is made part of any approval: 1. Engineering review of planning and/or zoning cases is for conceptual design purposes 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. Please contact me if you have any questions or require any additional information.