SPECIAL USE PERMIT: AT&T WIRELESS FACILITY AT COTT - Z2008038 BOS REPORT 10-01-08.DOC
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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: Z2008038 - AT & T Wireless Facility at Cotton Lane Community Church Agenda Item: 3 Supervisor District: 4 Applicant: Reliant Services for AT&T Owner: Cotton Lane Baptist Church, Inc. Request: Special Use Permit (SUP) for a Wireless Communication Facility in the Rural-43 zoning district, Airport Zone 4 overlay, and Wireless Communication Facility Use District 2. The site is also within the high noise and accident potential zone of LAFB (65-70 Ldn noise contour) Site Location: Northwest corner of Rose Ln. and Cotton Ln. (in the west Glendale area) Site Size: 950 sq. ft. of a 5 ac. parcel Density: N/A County Island Status: Class II (City of Glendale) County Plan: Wireless Communication Facilities are not specifically addressed in the County Area Plan. Municipal Plan: Wireless Communication Facilities are not specifically addressed in the City of Glendale’s General Plan. Support/Opposition: None known October 1, 2008 BOS P&Z Agenda Item: 3 - Case Z2008038 Page 1 of 4 Existing On-Site and Adjacent Zoning and Land Use: On-site Rural-43, Airport Zone 4/Church site & WCF North: Rural-43, Airport Zone 4/ Single family residential (Montana Farms subdivision) South: Local street (Rose Ln.), then Rural-43, Airport Zone 4 / Single-family residential East: Arterial (Cotton Ln.), then Rural-43, Airport Zone 4/ Single-family residential West: Rural-43, Airport Zone 4/Single-family residential Staff Recommendation: Approve with stipulations ‘a’ – ‘p’ for the following reasons: There are no objections from reviewing agencies There are no public objections Additional Comments: N/A Commission Recommendation: Approve by a vote of 8 – 0 subject to staff recommended stipulations ‘a’ - ‘p’: a. Development of the site shall comply with the Site Plan entitled “Cotton Lane Community Church P446-A”, consisting of six (6) 11 x 17 sheets, dated July 7, 2008, and stamped received August 12, 2008, except as modified by the following stipulations. b. Development of the site shall be in conformance with the Narrative Report entitled “AT&T Narrative”, consisting of four (4) pages, dated August 7, 2008, and stamped received August 12, 2008, except as modified by the following stipulations. c. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. d. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. October 1, 2008 BOS P&Z Agenda Item: 3 - Case Z2008038 Page 2 of 4 e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. Development and use of the site shall comply with requirements and other fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance or Final Plat approval, 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. g. 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. h. The subject property is located entirely within a Federal Emergency Management Agency (FEMA) 100-year delineated floodplain. Prior to any development, a Floodplain Use Permit will be required from the Floodplain Management and Services Division of the Flood Control District as part of the building permit process. 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. No co-location is permitted on the monopalm. k. This Special Use Permit shall expire twenty (20) 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.] l. The applicant shall submit a written report outlining the status of the development at the end of five (5) 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. m. Major changes to the Site Plan and narrative report 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. Major changes to the project may require a new Citizen Participation Process as determined by the Planning and Development Department. October 1, 2008 BOS P&Z Agenda Item: 3 - Case Z2008038 Page 3 of 4 n. 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 Chapter 3 (Conditional Zoning). o. 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. p. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with stipulations. Planner: Patty Zaricor, Planner Reviewed by: Darren V. Gerard, AICP, Deputy Director Attachments: September 4, 2008 P&Z Packet (39 pages) October 1, 2008 BOS P&Z Agenda Item: 3 - Case Z2008038 Page 4 of 4