SALT RIVER PROJECT SPECIAL USE PERMIT REMOVAL - Z2003020 - SALT RIVER PROJECT.PDF

Maricopa County — Formal (2008-10-15)

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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: September 18, 2008
Board Hearing Date: October 15, 2008
Case: Z2003020 - Verizon Dusty 145th
Agenda Item: 1
Supervisor District: 5
Applicant/Owner: Salt River Project
Request: Removal of a Special Use Permit (SUP) for a
Wireless Communication Facility in the Rural-43
zoning district and Cellular District 1
Site Location: Approx. 1.5 miles southeast of the southeast corner
of Elliot Road and 51st Avenue — south of Nahoe St.
and east of Dusty Ln. (in the Laveen / St. John's
area)
Site Size: Approx. 0.02 ac. of 2.05 acre site
Density: N/A
County Island Status: Class ha (City of Phoenix, Gila River Native American
Community)
County Plan: The County Plan refers to the City of Phoenix. The
City's General Plan identifies the region for Large Lot
Residential (0 — 1 d.u./ac.), and the subject SUP
removal is consistent with the plan.
Municipal Plan: City of Phoenix
Municipal Comments: None
Support/Opposition: None known
Existing On-Site and Adjacent Zoning and Land Use:
On-site Rural 43/Single Family Residential
North: Rural 43/Single Family Residential
October 15, 2008 BOS
P&Z Agenda Item: 1 - Case Z2003020
Page 1 of 2

East: Rural-43/Single Family Residential
South: Rural 43/Local Street (Dusty Ln.), then commercial
(Vee Quiva Casino)
West: Rural-43/Local Street (Dusty Ln.) then Single Family
Residential
Staff
Recommendation: Approve (remove the Z2003020 SUP overlay from
APN 300-04-002])
Commission
Recommendation: Approve (remove the Z2003020 SUP overlay) by
unanimous vote of 6-0.
Planner: Grettel Keane, AICP, Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: September 18, 2008 DRAFT P & Z minutes (extract, 1 page)
September 18, 2008 P&Z Packet (14 pages)
October 15, 2008 BOS
P&Z Agenda Item: 1 - Case Z2003020
Page 2 of 2

SUP Removal: Z2003020 District 5
Applicant: Salt River Project
Location: 14600 South Dusty Lane
Request: Applicant initiated removal of Special Use Permit for a
Cellular Communications Facility in the Rural-43 zoning
district, Cellular Use District 1 (approx. 0.02 ac.) — Salt
River Project
Grettel Keane, Planner, presented this case to the Commission as noted
above. The Wireless Communication Facility was never constructed as
proposed with the SUP entitlement. Salt River Project, the current owner,
requested removal of the SUP arguing that they are not currently interested
in locating antennas on the proposed site.
Chairman Smith asked if there was anything currently on the site.
Ms. Keane answered that there is not.
COMMISSION ACTION: Commissioner Johnson moved to
recommend removal of the SUP. Commissioner Barney seconded
the motion, which passed with a unanimous vote of 6-0.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEE I1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2003020 Page 1 of 1

Repott to the Planning and Z a ing Commission
Prepared by the Maricopa County Planning and Development Department
z2oo:n7o Verizon Dusty 145th
Meeting Date: September 18, 2008
Agenda Item: 9
Supervisor District: . 5
Applicant/Owner: Salt River Project
Request: Removal of a Special Use Permit (SUP) for a Wireless
Communication Facility in the Rural-43 zoning district
and Cellular District 1
Site Location: Approx. 1.5 miles southeast of the southedst coiner of
Elliot Road and 51st AVenue (in the Laveen area)
Site Sizc.-: Approx. 0.02 ac. of 2.05 acre site
Recommendation: Remove the SUP overlay from APN 300-041-002.17:
Agenda Item: 9 - Z2003020
Page 1 of 6

Background:
1. September 10, 2003: The Maricopa County Board of Supervisors approved,
Z2003020, a request for Special Use Permit for Wireless Communication Facility
in the Rural-43 zoning district, Cellular Use District 1 for Verizon Dusty 145 th, on
0.02 acres of a 2.05 acre parcel located at 14600 Dusty Lane. Approval was
subject to the following stipulations:
Development and use of the site shall be in substantial conformance with
the site plan entitled "SPECIAL USE PERMIT FOR VEREON 45TM Ave. &
DUSTY CELLULAR SITE". consisting of one (1) full-size sheet, dated
revised May 27, 2003 and stamped received June 3, 2003, except as
modified by the following stipulations.
Development and use of the site shall be in substantial conformance with
the narrative report entitled "Project Narrative" consisting of two (2)
pages, stamped received June 3, 2003, except as modified by the
following stipulations.
• Major changes to• this Special Use Permit (site plan and narrative report)
shall be processed as a revised application in the same manner as the
,original application, with final determination made by the Board of
• Supervisors following recommendation by staff and the Planning and
Zoning Commission. Minor changes may be administratively approved
Planning and Development Department staff.
Non-compliance with the plan of development (the site plan and narrative
report) or the conditions of approval will be treated as a violation in
accordance with provisions of the Maricopa County Zoning Ordinance.
Noncompliance with the conditions of approval will be treated as a
violation in accordance with the Maricopa County Zoning Ordinance.
Further, noncompliance of the conditions of approval may be grounds for
the Commission to take action in accordance with the Maricopa County
Zoning Ordinance, including revocation of the Special Use Permit
Landscaping shall be provided as follows:
I. Xeriphytic landscaping shall be placed along sides of the wall
surrounding the compound for the ground equipment
Landscaping shall include at a minimum three 15-gallon trees, four
15-gallon bushes and five 5-gallon plants to include primarily vines
and ground covers of a xeriphytic nature. These landscape
elements shall be arranged by a licensed Landscape Architect to
Agenda Item: 9 -12003020
Page 2 of 6

generally act as a visual screen around the outside of the walled
compound.
The placement of trees should be avoided along the side of the
compound closest to Dusty Lane in an effort to maintain a
maximum clear zone area
iv. All landscaping shall be watered, maintained and replaced if
necessary for the life of the Special Use Permit
Prior to construction, a drainage clearance must be obtained from the
Flood Control District of Maricopa County.
A status report induding photos of the array and equipment facility shall
be required within two (2) years of Board Approval, or when fully
equipped and finished - whichever occurs first.
A second status report will be required within five (5) years of approval by
the Board of Supervisors for the purpose of determining compliance with
stipulations and and to ensure that visibility and vehicular travel along Du
Lane has not been compromised by - construction of the equipment shelter
and the associated landscaping.. ,-
This Special Use Permit shall expire 20 years from the date of approval by -
the Board of Supervisors, upon p4iration _of the lease to the applicant(s), -
or upon termination of the use, whichever occurs first All of the site
improvements shall be removed within 60 days of such termination or
expiration. Any request for an extension shall be made at least six months
prior to the expiration date.
Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation or the Flood Control District of Maricopa County may be
grounds for initiating a revocation of this Special Use Permit as set forth in
the Maricopa County Zoning Ordinance.
September 101 2005: Salt River Project submitted a Status Report for the
Dusty Lane Wireless Communication Facility, Z2003020. In this 'Status Report,
SRP informed that the subject site was not built, but the applicant required
keeping the entitlement active in case future carriers were interested in building
the facility.
3. January 301 2006: Staff approved Status Report for the stibject site.
Agenda Item: 9 - Z2003020
Page 3 of 6

• July 11, 2008: Staff requested a second Status Report as a requirement of the
stipulation of approval "h" which states:
"A second status report will be required within (5) years of approval by
the Board of Supervisors for the purpose of determining compliance with
stipulations and to ensure that visibility and vehicular travel along Dusty
Lane has not been compromised by construction of the equipment shelter
and the associated landscaping."
July 30, 2008: Staff received a letter from Monica D. Miller from Wireless Site
Development Department of Salt River Project informing that the site was never
built and that Status Report would not be submitted.
August 151 2008: Staff received an e-mail from Monica D. Miller from Wireless
Site Development Department of Salt River Project requesting a removal of the
existing SUP entitlement.
2 Oisctissiori and Evaluation;
. .
The request is to remove a BOS approved SUP overlay for Verizon Dusty 145th,-;
The SUP approval provides for. ,a WCF. to locate antennas on an existing eleotric...
pole and to build an equipment shelter on the adjacent property line. The SUP;
area consisted of a 0.02 ac.• region of a2.05 ac. parcel located approx. 30T:1
south of Nahoe St and east. of Dusty' Ln. ,in the Laveen area The WCF facility(
was never built and SilP has requested the removal of the SUP from the subject-.
site as there are no carriers interested in collocatingon the site
The subject request has been legally advertised, the site has been posted, and -
notification letters were sent to property owners within 300' of the site The
aerial photograph and zoning district map shown below displays the site and
surrounding zoning and land uses.
[Aerial photograph of subject site and zoning districts.]
Agenda Item: 9 - Z2003020
• Page 4 of•6

Agenda Item: 9 - Z2003020
Page 5 of 6

mmendation:
Staff recommends the Commission motion to remove the Z2003020 SUP overlay
from APN 300-04-0021
Planner: Grettel Keane, AICP
Reviewed by: Robert Kuhfuss, AICP
Attachments: Case map (1 page)
Vicinity map (1 page)
Approved site plan (1 page)
Z2003020 Approval Letter (3 pages)
Removal of SUP e-mail (2 pages)
Agenda Item: 9 - Z2003020
Page 6 of 6

REQUEST: To permit a Wireless Communications Facility as a
special use in the RURAL-43 zoning district(.08 acre)
Legend Applicant Sat River Project
Section -"a; &este tenter 100 0 100 Feet
• Al Arterial Road Spatial Lisa Z-Map: AA3
'Throw EK1 Zoning Ova*
Sb .Exteiti Zoning 18 2E sec 28 NE4
away tionneary 1= Floocionen.
ClY Date: 4/17/2048 703-20

GILA RIVER NATIVE COMMUNITY
1EQUEST: To permit a Wireless Communications Facility as a
special use in the RURAL-43 zoning district(.08 acre)
Applicant: Salt River Project
500 0 500 Feet
Z-Map: AA3
MIN 1111111•1111111
18 2E sec 28 NE4
Date: 4/17/2003 Z0320

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Planning & Development
Department
September 30, 2003
Salt River Project
Angela Castellano
P.O. Box 52025
Phoenix, AZ 85072
SUBJ: Maricopa County Zoning Case Number: 72003020
On September 10, 2003, the Maricopa County Board of Supervisors (BOS) approved your
request for a Special Use Permit (S.U.P.) for a wireless communications facility in the
Rural-43 zoning district, Cellular Use District 1 - SRP Wireless Communications Site This
site involves approximately 0.02 acres, located at 14600 S. Dusty Lane, as shown on the
attached case map.
Approval is subject to the following stipulations:
Development and use of the site shall be in substantial conformance with
the site plan entitled "SPECIAL USE PERMIT FOR VERIZON 45TH Ave. &
DUSTY CELLULAR SITE". consisting of one (1) full-size sheet, dated
revised May 27, 2003 and stamped received June 3, 2003, except as
modified by the following stipulations.
Development and use of the site shall be in substantial conformance with
the narrative report entitled "Project Narrative" consisting of two (2)
pages, stamped received June 3, 2003, except as modified by the
following stipulationS.
c. Major changes to this Special Use Permit (site plan and narrative report)
shall be processed as a revised application in the same manner as the
original application, with final determination made by the Board of
Supervisors following recommendation by staff and the Planning and
Zoning Commission. Minor changes may be administratively approved by
Planning and Development Department staff. •
411 North Central Avenue, 3" 1 Floor
• Phoenix, AZ 85004-2191
(602) 506-8338
(fax) (602) 506-8369

rage
September 30, 2003
Z2003020
Non-compliance with the plan of development (the site plan and narrative
report) or the conditions of approval will be treated as a violation in
accordance with provisions of the Maricopa County Zoning Ordinance.
Noncompliance with the conditions of approval will be treated as a
violation in accordance with the Maricopa County Zoning Ordinance.
Further, noncompliance of the conditions of approval may be grounds for
the Commission to take action in accordance with the Maricopa County
Zoning Ordinance, including revocation of the Special Use Permit.
e. Landscaping shall be provided as follows:
i. Xeriphytic landscaping shall be placed along sides of the wall
surrounding the compound for the ground equipment
. Landscaping shall include at a minimum three 15-gallon trees, four
15-gallon bushes and five 5-gallon plants to include primarily vines
and ground covers of a xeriphytic nature. These landscape
elements shall be arranged by a licensed Landscape Architect to
generally act as a visual screen around the outside of the walled
compound.
in The placement of trees should be avoided along the side of the
compound closest to Dusty Lane in an effort to maintain a
maximum clear zone area
iv. All landscaping shall be watered, maintained, and replaced if
necessary for the life of the Special Use Permit
Prior to construction a drainage clearance must be obtained from the
Flood Control District of Maricopa County.
A status report including photos of the array and equipment facility shall
be required within two (2) years of Board Approval, or when fully
equipped and finished - whichever occurs first
A second status report will be required within five (5) years of approval by
the Board of Supervisors for the purpose of determining compliance with
stipulations and to ensure that visibility and vehicular travel along Dusty
Lane has not been compromised by construction of the equipment shelter
and the associated landscaping.
411 North Central Avenue, 3-4Floor
Phoenix, AZ 85004-2191
(602) 506-8338
(fax) (602) 506-8369

Page 3
September 301 2003
Z2003020
This Special Use Permit shall expire 20 years from the date of approval by
the Board of Supervisors, upon expiration of the lease to the applicant(s),
or upon termination of the use, whichever occurs first. All of the site
improvements shall be removed within 60 days of such termination or
expiration. Any request for an extension shall be made at least six months
prior to the expiration date.
Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation or the Flood Control District of Maricopa County may be
grounds for initiating a revocation of this Special Use Permit as set forth in
the Maricopa County Zoning Ordinance.
Enclosed are copies of the site plan and narrative report, which have been stamped
approved.
Please feel free to call me if you have any questions at (602) 506-8338.
Lee Lambert, Planner
Planning and Development
Gerard Silvani, AMP, Principal Planner
Planning and Development.
411 North Central Avenue, rd Floor
Phoenix, AZ 85004-2191
(602) 506-8338
(fax) (602) 506-8369

Grettel Keane - PLAN DEVX
From: Miller Monica D [Monica.Miller@srpnet.com]
Sent: Thursday, August 14, 2008 3:13 PM
To: Grettel Keane - PLANDEVX
Subject: RE: Z2003020 Status Report - Request to close
Grettle,
To clarify, we have No wireless carrier is interested in this location. Please close out.
Monica D. Miter
Wireless Site Development
SRP Telecom
monica.miller@srpnet.com
Office: 602-236-2844
Cell: 602-502-8997
From: Grettel Keane - PLANDEVX [mailto:grettelkeane@nnail.maricopa.gov] ,1•11
Sent: Thursday, August 14, 2008 3:04 PM
)To: Miller Monica D
- Subject: RE: 22003020 Status Report
Monica:
• In the second part of the sentence, you meant that there are no.
carriers interested in this area? Please clarify. Thanks
Reaide,
Pia wintr
Marizopa CoviAkd PtctiAwavve avvrA Dtve meint
Pilo we: 602-506-6530
FCIA: C,02-5017-830
grettellzea ®wL.v.tark6p.Sov
www.martcopot.gov/pLatA44.1.v60/
From: Miller Monica D [rnailto:Monica.Miller@srpnet.com
Sent: Thursday, August 14, 2008 2:47 PM
To: Grettel Keane - PLAN DEVX
Subject: RE: Z2003020 Status Report
08/27/2008

Grettle:
Sorry that I have not replied sooner. Please Close out the SUP. We have carrier interested in this area.
Thanks,
Monica D. gififfer
Wireless Site Development
SRP Telecom
monica.miller®srpnet.corn
Office: 602-236-2844
Cell: 602-502-8997
From: Grettel Keane - PLANDEVX [mailto:grettelkeane@mail.maricopa.gov]
Sent: Tuesday, August 05, 2008 7:45 AM
To: Miller Monica D
Subject: Z2003020 Status Report
Monica:
We received your letter dated July 30, , 08 in which it is indicated that
the Wireless Communication Facility under case number Z2003020 (SRP
Dusty Lane Cell Site) was never built. In 2006, Angela Castellano, from
SRP sent us a status report indicating that the site was not built,
but she requested to keep the SUP active in case another carrier was
interested on the site Considering this, we would like to knoi . if SRP
still has the same position related to this WCF. If you decided to keep
the SUP, we need the status report, if not we need a note indicating
the SUP to be removed. Please do not hesitate to contact me if you have
further questions. Thanks
Reeute, fileP
PLt er
Marizapa Cou.intb PLAK,K,ting av vop evt
Phovz: 002-506-0530
Fax.: 602-500-830
gretteLlzenwe@mail.marizapa.gov
www.vustrizapa.gov/pLavvitams/
08/27/2008