SPECIAL USE PERMIT: CALVARY CHAPEL OF QUEEN CREEKC - Z2007126 BOS REPORT 10-01-08.DOC

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: September 4, 2008
Board Hearing Date: October 1, 2008
Case: Z2007126 - Calvary Chapel of Queen Creek
Agenda Item: 2
Supervisor District: 2
Applicant: Michael Campbell for Alltel
Owner: Calvary Chapel of Queen Creek
Request: Special Use Permit (SUP) for a Wireless
Communication Facility in the Rural-43 zoning
district and Wireless Communication Facility Use
District 1
Site Location: Northeast corner of Sossaman Rd. and San Tan
Blvd. (in the Queen Creek area)
Site Size: 0.045 ac. of an 8.6 ac. parcel
Density: N/A
County Island Status: N/A
County Plan: The Queen Creek Area Plan designates the site as
Rural Residential (0-1 d.u./ac.). The proposed use is
not specifically mentioned in the plan.
Municipal Plan: The Town of Queen Creek General Plan designates
the site as Very Low Density (0-1 d.u./ac.). The
proposed use is not specifically mentioned in the
plan.
Support/Opposition: None known
October 1, 2008 BOS
P&Z Agenda Item: 2 - Case Z2007126
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Existing On-Site and Adjacent Zoning and Land Use:
On-site Rural-43, Church site & WCF
North: Rural-43, Large lot single family residential
South: Rural-43, Natural desert
East: Rural-43, Vacant land
West: R1-35/C-3, Vacant land
Staff
Recommendations: Approve with stipulations ‘a’ – ‘s’ for the following
reasons:
 There is no known public opposition.
 The mono-pole is co-locatable.
 Reviewing agencies have no objections.
 All technical requirements have been met.
Additional
Comments: N/A
Commission
Recommendation/s: Approve by a vote of 8-0 subject to staff
recommended stipulations ‘a’ – ‘s’:
a. Development of the site shall comply with the site plan entitled “Hunt
Highway & Sossaman”, consisting of five (5) sheets, dated revised May 1,
2008, and stamped received June 6, 2008, except as modified by the
following stipulations.
b. Development of the site shall be in conformance with the narrative report
entitled “Special Use Permit Alltel Hunt Highway & Sossaman”, consisting of
nine (9) pages, dated revised June 4, 2008, and stamped received June 6,
2008, except as modified by the following stipulations.
c. A 4’ (w) perimeter landscape buffer of drought tolerant desert shrubs shall be
installed around the 30’ x 40’ lease area.
d. The 8’ (h) tall CMU perimeter wall shall be designed to complement the existing
church buildings.
e. Equipment shelters, screening walls, and gates shall be painted to blend in
with the surrounding landscape and architecture.
f. Future co-location shall be subject to a Minor Amendment. Future ground
equipment located within the expansion area shall be screened in a manner
consistent with the balance of the Special Use Permit area.
October 1, 2008 BOS
P&Z Agenda Item: 2 - Case Z2007126
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g. All transformers, back-flow prevention devices, utility boxes and all other
utility related ground mounted equipment shall be painted to complement the
surrounding area.
h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
i. Development of the site shall be in conformance with all Federal and State
requirements, including but not limited to, Federal Communications
Commission (FCC), Federal Aviation Administration (FAA), National
Environmental Policy Act (NEPA), and State Historical Preservation Office
(SHPO). The applicant shall be responsible for obtaining all necessary
approvals prior to construction, and shall be accountable to those agency
requirements, and penalties.
j. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the applicable fire department.
Prior to issuance of zoning clearance, the applicant shall seek review and
comment from the applicable fire protection agency, and shall provide written
confirmation that the site will be developed in accordance with their
requirements.
k. Prior to zoning clearance, developer(s) and/or builder(s) shall establish
emergency fire protection services, covering all real property contained within
the project area during course of construction and shall obtain a ‘will serve’
letter substantiating coverage from the appropriate Fire Department servicing
the site.
l. The applicant or his successor shall obtain approval of any development plans
from the Office of the Arizona State Fire Marshal prior to any construction.
m. Prior to zoning clearance a copy of the lease agreement from the State to
access the site shall be provided to the Maricopa County Department of
Transportation.
n. This Special Use Permit shall expire fifteen (15) years from the date of
approval by the Board of Supervisors, or upon expiration of the lease to the
applicant, 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.
o. The applicant shall submit a written report outlining the status of the
development at the end of two (2) years from the date of approval by the Board
of Supervisors. The status report shall be reviewed by staff to determine
whether the Special Use Permit remains in compliance with the approved
stipulations.
p. Major changes to the Special Use Permit shall be processed as a revised
application, with approval by the Board of Supervisors upon recommendation
of the Planning and Zoning Commission. Minor changes may be
administratively approved by the Planning and Development Department.
October 1, 2008 BOS
P&Z Agenda Item: 2 - Case Z2007126
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Major changes to the Special Use Permit may require a new Citizen
Participation Process as determined by the Planning and Development
Department.
q. 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 Planning
and Zoning Commission to take action in accordance with the Maricopa
County Zoning Ordinance.
r. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation, Drainage Review Division, Planning and Development
Department, 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.
s. Property owner and his successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with
stipulations.
Planner: Jonce Walker, Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: 9/4/08 P&Z packet (35 pages)
October 1, 2008 BOS
P&Z Agenda Item: 2 - Case Z2007126
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