SALT RIVER PROJECT SPECIAL USE PERMIT REMOVAL - Z2003020 - SALT RIVER PROJECT.PDF
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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 Noo-ST000soll ITINS TO II ovOltio AMMON TO SIM Moon Pogum no. Noloonto ii.9111618410111S IIa, Null WfINeulUS NNW MA essieN eagall010. Pa itataaP0.11 ftwir ii,„ 11,5 *rano r rat woo r T. T, :TAW jfIgiajLefte, ass filitatL bid' . IliNe lINe MJVUI TO UtliPiA-579- noun ana-sos fl Maim entersaitits(WrIMMUZ a mu ems *ingicr NOON POW conntlEsi mit LEGAL DESCRIPTION • °I Ikon st.r.oviiit.k.iturn.inevirl,. EMI= =MN 1:1 CI SPECIAL USE PERMIT p MINIMM=3: 1 FOR VERVZON iLlre 1[31 I=1 = III CII 45TH AVE & DUFFY LOON,. SCALE, PLIAMIALT l• 1:! 113 liiii1111115trfilrir F6• iniMMEC=CEMMIMM CELLULAR SITE ,r1;710. -111$ Li !A 1 11 ie.', ill l!''" 1E1=11==ECIP111. IE EJECIIMIEIMMftiricorrimaii SK-HCT-06C 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