SPECIAL USE PERMIT: AT&T WIRELESS FACILITY AT COTT - Z2008038 BOS REPORT 10-01-08.DOC

Maricopa County — Formal (2008-10-01)

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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