Z2024064 BOS REPORT.PDF

Maricopa County — Formal (2024-11-20)

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November 20, 2024
Z2024064
Page 1 of 3

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department

Board Hearing Date:
November 20, 2024

Case #/Title:

Z2024064 – Anthemnet/Verizon Wireless “PHO Ventata Ranch”

Supervisor District:
5

Applicant/Owner:
Todd Daoust – Commscapes / Tim Anton Trust

Request:
Special Use Permit (SUP) for a wireless communication facility
(WCF) in the Rural-43 zoning district

Site Location:
Generally located 1,804’ south of the NEC of Broadway Rd. and
Watson Rd in the Buckeye area

Site Size:
Approximately 1,200 sq. ft. of a 4.15-acre parcel

County Island Status:
Yes – City of Buckeye
Additional
Comments:
The request is to establish an SUP for a new 70’ monopole.

The WCF is proposed to be located at the far northern portion of the
parent parcel. WCFs are allowed in the Rural-43 zoning district, but
an SUP is triggered because the proposed WCF does not meet the
minimum 2:1 setbacks from the north and east property lines, the
proposed antenna array exceeds the maximum allowed and
diameter of the pole base exceeds the maximum allowed.

The SUP proposes the following:

Development
Standards
Base Standards in
the Rural - 43
Proposed SUP
Standards
Max. Antenna Array
Diameter
8’
10’
Max. Tower Diameter
2’-6”
3’
Min. WCF Setback from
Rural/Residential Zoning
140’ (for 70’ tower)
65’*

*The proposed setback of 65’ is only for the north and east side of the parcel.

The subject site is within a County island in the City of Buckeye.
Buckeye provided comments stating the proximity to the City’s
planned single-family residential development north of the site the
tower would not meet the City’s design requirements. They
requested tower height be limited to a maximum of 50’, unless the
WCF is proposed for multiple carriers where they would support 75’.

November 20, 2024
Z2024064
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The applicant intends to market to multiple wireless carries. There
is no exact number of carriers as of now, but more than two carriers
are proposed addressing the City’s concern.

There are no outstanding concerns from reviewing agencies. There
is no known opposition from the general public.

Commission

Recommendation:
On 10/24/24, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve Z2024064
subject to conditions ‘a’ – ‘h’:

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Ventata Ranch”, consisting of 6 full-size sheets, dated August 1, 2024, and stamped
received September 10, 2024, except as modified by the following conditions. Staff may
determine slight refinements to remain in substantial conformance with the approved site
plan. Minor and major amendments to the site plan will be determined in accordance with
Chapter 3 of the Maricopa County Zoning Ordinance.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Anthemnet/Verizon Wireless PHO Ventata Ranch”, consisting of 18 pages, dated
August 2024, and stamped received September 10, 2015, except as modified by the
following conditions.

c.
This special use permit is valid for a period of 25 years and shall expire on November 20,
2049, or upon termination of the use for a period of 90 or more consecutive days,
whichever occurs first. All site improvements associated with the special use permit shall
be removed within 90 days of such expiration or termination of use.

d.
The following SUP standards shall apply:

1.
Max. Antenna Array Diameter: 10’
2.
Max. Tower Diameter 3’
3.
Min. North & East Setback from Rural/Residential Zoning: 65’

e.
The following engineering condition shall apply:

1.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.

f.
Noncompliance with any Maricopa County regulations will be grounds for possible
revocation of this special use permit pursuant to the process set forth in the Maricopa
County Zoning Ordinance.

g.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

h.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to

November 20, 2024
Z2024064
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enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the special use permit, the property shall revert to the zoning that
existed on the date of application. It is, therefore, stipulated and agreed that either
revocation due to the failure to comply with any conditions, or the expiration of the special
use permit, does not reduce any rights that existed on the date of application to use, divide,
sell or possess the property and that there would be no diminution in value of the property
from the value it held on the date of application due to such revocation or expiration of
the special use permit. The special use permit enhances the value of the property above
its value as of the date the special use permit is granted and reverting to the prior zoning
results in the same value of the property as if the special use permit had never been
granted.

Presented by:

Paola Jaramillo, Planner
Reviewed by:

Darren Gérard, AICP, Planning Manager

Attachment:

10/24/24 P&Z Packet (36 pages)

Note:
10/24/24 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.

Z2024064
Page 1 of 7

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
Z2024064 – Anthemnet/Verizon Wireless “PHO Ventata Ranch”

Hearing Date:
October 24, 2024

Supervisor District:
5

Applicant:
Todd Daoust, Commscapes

Owner:
Tim Anton Trust

Request:
Special Use Permit (SUP) for a wireless communication facility (WCF), 70’
monopole in the Rural-43 zoning district

Site Location:
Generally located 1,804’ south of the NEC of Broadway Rd. and Watson Rd.
in the Buckeye area

Site Size:
Approximately 1,200 sq. ft. of a 4.15 acre parcel

Density:
N/A

County Island:
Yes (Buckeye)

County Plan:
Rural Development Area (0-1 d.u./ac)

Municipal Plan:
Imagine Buckeye 2040 General Plan – Neighborhood

Municipal Comments:
None received to date

Support/Opposition:
None known

Recommendation:
Approve with conditions

Z2024064
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Project Summary:

1.
The applicant is requesting to establish a special use permit (SUP) for the development of a new
wireless communications facility (WCF) on approximately 1,200 square feet of a 4.15-acre parcel
located 1,804’ south of the NEC of Broadway Rd. and Watson Rd. in the Buckeye area, also known
as Maricopa County Parcel Number (APN) 504-22-022C. The parent parcel is portion of a 3-parcel
site that is currently used for livestock sale and show barn. The wireless facility is proposed in
the far northern portion of the site and will feature a 70-foot monopole. The request includes an
8’ solid wall compound surrounding the wireless pole and communication facilities. An SUP is
triggered because the proposed WCF does not meet the 2:1 setback from the north and east
property lines, the proposed antenna array exceeds the maximum allowed diameter, and the pole
base exceed the maximum allowed base pole diameter.

2.
The applicant proposes the following development standards:

Development
Standards
Base Standards in
Rural-43
Proposed SUP
Standards
Max. Antenna Array Diameter
8’
10’
Max. Tower Diameter
2’-6”
3’
Min.
WCF
Setback
from
Rural/Residential Zoning
140’ (for 70’ tower)

65’*

*The proposed setback of 65’ is only for the north and east side of the parcel

2024 Aerial image of the subject site.

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Zoning of the Site and Adjacent Properties

Site Plan

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SUP Area

Existing On-Site and Adjacent Zoning / Land Use:

3.
On-site:

Rural-43 / Agricultural
North:
PR (Buckeye) / Agricultural
South:
Rural-43/ Single-family residence
East:
Rural-43 / Agricultural
West:
Rural-43 / Agricultural

Utilities and Services:

4.
Water:

N/A
Wastewater:
N/A
School Districts:
Buckeye Elementary School District & Buckeye Union High School District
Fire:
AZ Fire and Medical Authority
Police:
Maricopa County Sheriff

Z2024064
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Right-of-Way:

5.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.

Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Broadway Road
33’
33’
Minor Arterial

Adopted Plan:

6.
Imagine Buckeye 2040 General Plan (adopted 2018): The Buckeye general call plan designates
the site as “Neighborhood”, which consists of a broad range of residential development. This land
use designation also includes other integrated land uses that support neighborhood functions.

Public Participation Summary:

7.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification of all property owners within 300’ of the subject parcel and to
interested parties. To date, staff has not received any public support or opposition.

Outstanding Concerns from Reviewing Agencies:

8.
Staff received comments from the City of Buckeye, stating that due to the proximity to the City of
Buckeye’s planned single-family residential development to the north of the site, they request the
tower meets the City’s design requirements. They requested the following design standards be
met:

a. Height of the tower should be limited to a maximum of 50’, unless the WCF is intended for
the use of 2+ carriers a height of 75’ would be supported by the city.

b. A setback from the north property line should be at least the height of the proposed tower.
The City of Buckeye suggested the WCF be located near the southwest portion of the
subject parcel.

The applicant proposed the site to be marketed to additional wireless carriers. There is no exact
number of carriers as of now, but more than 2 are proposed for the future; which would meet the
height standard for the City of Buckeye. The applicant also states, the placement of the WCF in
such location as it will not interfere with the turning radius of livestock trucks used in conjunction
with the property’s current use as a livestock auction barn; which is why they cannot locate the
WCF as suggested by the City of Buckeye. After the 2nd submittal, the City of Buckeye did not
provide any additional comments.

Staff Analysis:

9.
Staff finds the proposed location is appropriate for a wireless communication facility as it is
amongst commercial agricultural and residential land uses. Staff supports the proposed
development of the tower under the requested SUP, as the new tower will provide accessibility,
additional technology connections, and help fill in the gaps for emergency services network in
this area.

Z2024064
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Recommendation:

10.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2024064 subject to the following conditions ‘a’ – ‘h’:

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Ventata Ranch”,, consisting of 6 full-size sheets, dated August 1, 2024, and stamped
received September 10, 2024, except as modified by the following conditions. Staff may
determine slight refinements to remain in substantial conformance with the approved site
plan. Minor and major amendments to the site plan will be determined in accordance with
Chapter 3 of the Maricopa County Zoning Ordinance.

d.
The following SUP standards shall apply:

1.
Max. Antenna Array Diameter: 10’
2.
Max. Tower Diameter 3’
3.
Min. North & East Setback from Rural/Residential Zoning: 65’

e.
The following engineering condition shall apply:

f.
Noncompliance with any Maricopa County regulations will be grounds for possible
revocation of this special use permit pursuant to the process set forth in the Maricopa
County Zoning Ordinance.

g.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

h.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the special use permit, the property shall revert to the zoning that
existed on the date of application. It is, therefore, stipulated and agreed that either
revocation due to the failure to comply with any conditions, or the expiration of the special

Z2024064
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use permit, does not reduce any rights that existed on the date of application to use, divide,
sell or possess the property and that there would be no diminution in value of the property
from the value it held on the date of application due to such revocation or expiration of
the special use permit. The special use permit enhances the value of the property above
its value as of the date the special use permit is granted and reverting to the prior zoning
results in the same value of the property as if the special use permit had never been
granted.

Presented by:
Paola Jaramillo, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor