PZ-5 Z2020013 BOS REPORT.PDF

Maricopa County — Formal (2020-07-22)

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July 22, 2020
Z2020013
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department

Board Hearing Date:
July 22, 2020

Case #/Title:

Z2020013 – Zayo Aguila

Supervisor District:
4

Applicant/Owner:
Rex Atkinson / Charlene Brungs

Request:
Special Use Permit (SUP) for development of Fiber Optic
Structure in the Rural Zoning District

Site Location:
Generally located approx. 796’ northwest of the NWC of J-1
Ranch Rd. & Forepaugh Peak Rd. in the Wickenburg area

Site Size:
Approx. 10,000 square feet

County Island Status:
No
Additional
Comments:
The applicant seeks a SUP for a fiber optic shelter. The subject
property is located within in the Rural Development Area of
the Comprehensive Plan, and is in conformance with the
plan.
No
comments
were
received
from
relevant
municipalities. There is no known opposition.

Commission

Recommendation:
On 6/11/20, the Commission voted 6-0 to recommend
approval of Z2020013 subject to conditions ‘a’ – ‘h’:

a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Overall Site Plan“, consisting of 5 full-size sheets, dated April 30, 2020, and
stamped received May 1, 2020, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Zayo Group Aguila, AZ”, consisting of 3 pages, dated April 29,
2020, and stamped received May 1, except as modified by the following
conditions.

c.
The following Planning Engineering conditions shall apply:

July 22, 2020
Z2020013
Page 2 of 3
in the floodplain must be elevated to the regulatory flood elevation
determined by the engineer. For Zone A floodplains, the regulatory flood
elevation is two (2) feet above the base flood elevation.

2.
Driveway access to Forepaugh Peak Road must be paved (within the
ROW) and will require a permit from MCDOT concurrent with the building
permit. Drainage flow along the roadway must be maintained.

3.
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.

4.
Engineering review of planning and/or zoning cases is for conceptual
design only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.

5.
Detailed Grading and Drainage Plans and Final Drainage Report showing
the new site improvements must be submitted for approval and acquisition
of building permits.

d.
This special use permit shall expire on July 23, 2030, or upon termination of the use
for a period of 120 or more days, whichever occurs first. All site improvements
associated with the special use permit shall be removed within 120 days of such
expiration or termination of use.

e.
The following Rural-190 Zoning District standards shall apply:

1.
Height – 30’
2.
Front Yard – 60’
3.
Side Yard – 30’
4.
Street-side Yard – 30’
5.
Rear Yard – 60’
6.
Lot Area – 190,000 square feet
7.
Lot Width – 300’
8.
Lot Area per Dwelling Unit – 190,000 square feet
9.
Lot Coverage – 5%
10. Parking Spaces Required – 1 space
11. Paved Parking – Compacted decomposed granite permitted
12. Screening – Chain-link fencing and 1’ of barbed wire permitted, screening
can be no greater than 10’ in height

f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.

July 22, 2020
Z2020013
Page 3 of 3
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 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:

Adam Cannon, Planner
Reviewed by:

Darren Gerard, AICP, Planning Manager

Attachment:

6/11/20 P&Z Packet (20 pages)

Note:
6/11/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.

Z2020013
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
Z2020013 – Zayo Aguila

Hearing Date:
June 11, 2020

Supervisor District:
4

Applicant:
Rex Atkinson

Owner:
Charlene Brungs

Request:
Special Use Permit (SUP) for development of Fiber Optic Structure in
the Rural Zoning District

Site Location:
Generally located approx. 796’ northwest of the NWC of J-1 Ranch
Rd. & Forepaugh Peak Rd. in the Wickenburg area

Site Size:
Approx. 10,000 square feet

Density:
N/A

County Island:
No

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

Municipal Plan:
N/A

Municipal Comments:
None received to date

Support/Opposition:
None received to date

Recommendation:
Approve with conditions

Z2020013
Page 2 of 8
Project Summary:

1.
Charlene Brungs is requesting a SUP for a Zayo Aguila Fiber Optic Shelter. The subject
property is located in the Wickenburg area near Forepaugh Peak in unincorporated
Maricopa County, and is designated as Rural Development Area in the Comprehensive
Plan.

2.
The legal description provided by the applicant identifies a site that is approximately
10,000 square feet. The subject site is leased to Zayo Aguila for telecommunication
infrastructure and resides in the Rural Zoning District. The subject site is developed with
existing structures associated with telecommunications. The proposed fiber optic shelter
is 420 square feet.

3.
The subject site is zoned Rural-190. The applicable standards for this district are listed
below:

REGULATION
BASE ZONING DISTRICT
STANDARDS (RU-190)
PROPOSED STANDARDS (RU-190 SUP)
Height
30'
30’
Front Yard
60'
60’
Side Yard
30'
30’
Street-side Yard
30'
30’
Rear Yard
60'
60’
Lot Area
190,000 square feet
190,000 square feet
Lot Width
300’
300’
Lot Area per Dwelling Unit
190,000 square feet
190,000 square feet
Lot Coverage
5%
5%
Parking Spaces Required
1 per 250 square feet (5% must
be ADA)
1 space, ADA not required
Paved Parking
Required
Compacted decomposed granite
permitted
Screening
A solid wall, not less than six
feet in height, shall be
required along and adjacent
to any side or rear property
line abutting any rural or
residential zone or boundary
Chain-link fencing and 1’ of barbed
wire permitted

Screening can be no greater than
10’ in height

4.
The applicant is requesting to vary the required parking spaces as it is an unmanned utility
shelter that is visited infrequently and for maintenance only. No ADA spaces have been
proposed as no public access is available to the site. The applicant is requesting to vary
the paved parking requirement to allow for compacted decomposed granite as the
parking space proposed for the site is for a tech parking spot that is used on an infrequent
basis. The applicant is requesting to vary screening requirements to allow for additional
security and smooth operation of security equipment.

Z2020013
Page 3 of 8

Exhibit 1 – 2018 Aerial Map

Exhibit 2 – Rural District and Surrounding Zoning Districts

Z2020013
Page 4 of 8

Exhibit 3
– Site
Plan

Z2020013
Page 5 of 8
Existing On-Site and Adjacent Zoning / Land Use:

5.
On-site:

Rural-190 / Residential
North:
Rural-190 / Agricultural / Commercial (Railroad)
South:
Rural-190 / Agricultural / Residential
East:
Rural-190 / Agricultural / Residential
West:
Rural-190 / Agricultural

Utilities and Services:

Water:
None
Wastewater:
None
Fire:
Aguila Fire District
Police:
MCSO

Right-of-Way:

7.
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*
Existing Classification
Forepaugh Peak Rd.
58’ (varies)
58’ (varies)
Local Road

*The original adoption of the MCDOT Major Streets and Routes Plan classifies Forepaugh Peak
Road as a Rural Principal Arterial requiring 150’ half-width existing right-of-way. Forepaugh Peak
Road has since been reclassified as a local road that requires 55’ of right-of-way on either side
of a section line. Engineering comments have not asked for an additional dedication of right-
of-way from the applicant.

Adopted Plan:

8.
Comprehensive Plan (Adopted: 2016): This plan identifies the subject area as Rural
Development Area (0-1 d.u./ac).

Public Participation Summary:

9.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and interested parties. No concerns were shared
regarding the SUP request.

Outstanding Concerns from Reviewing Agencies:

10.
N/A

Staff Analysis:

11.
Staff is supportive of this SUP request for the development of the Zayo Aguila fiber optic
shelter. The request meets district standards and provides a community benefit –

Z2020013
Page 6 of 8
additional telecommunications infrastructure in a rural area. The applicant is requesting
three standards to be varied including the parking space requirement, paved parking
requirement and screening requirement. Staff finds the requests reasonable in that the
screening request protects sensitive equipment and the use of the property is such that
parking needs will be minimal. Staff believes that the applicant has acted in good faith
to notify nearby owners of the proposed change and to provide ample opportunity to
make comments.

Recommendation:

12.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘h’.

c.
The following Planning Engineering conditions shall apply:

1.
The site contains Special Flood Hazard Areas associated with Wash T7N-
R8W-S25D/S1A that traverses the site. The site contains regulated
floodplains (blue) – FEMA Zone A. All new development proposed appears
to be within the floodplain. Any development in the floodplain will require
a floodplain use permit issued concurrent with building permits. Structures
in the floodplain must be elevated to the regulatory flood elevation
determined by the engineer. For Zone A floodplains, the regulatory flood
elevation is two (2) feet above the base flood elevation.

2.
Driveway access to Forepaugh Peak Road must be paved (within the
ROW) and will require a permit from MCDOT concurrent with the building
permit. Drainage flow along the roadway must be maintained.

Z2020013
Page 7 of 8
5.
Detailed Grading and Drainage Plans and Final Drainage Report showing
the new site improvements must be submitted for approval and acquisition
of building permits.

e.
The following Rural-190 Zoning District standards shall apply:

f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as 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.

Z2020013
Page 8 of 8
Presented by:
Adam Cannon, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor