PZ-6 Z2020026 BOS REPORT.PDF

Maricopa County — Formal (2020-07-22)

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July 22, 2020
Z2020026
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:

Z2020026 – T-Mobile PH60112A – Apache Auto

Supervisor District:
2

Applicant/Owner:
Declan Murphy, Coal Creek Consulting for TowerCom/
Fredrickson Living Trust

Request:
Special Use Permit (SUP) for a wireless communication facility
in the C-3 zoning district

Site Location:
Generally located on the NEC of Sossaman Rd. and Main St.
in the Mesa area

Site Size:
Approx. 600 sq. ft. (of an approx. 6.68 acre parcel)

County Island Status:
Yes (Mesa)
Additional
Comments:
The proposed SUP is for an 80’ stealth monopole designed to
resemble a broadleaf tree with related equipment. There
would be a 600-square foot (30’ x 20’) leased area. Staff is
recommending a 20 year timeframe for SUP entitlement.

There are no outstanding concerns from reviewing agencies.
The site is within the City of Mesa Municipal Planning Area, the
City of Mesa was notified and as of the date of this report,
staff have not received comments from the City concerning
this request. All property owners within 300’ and interested
parties of the site were notified; however, as of the date of
this report no support or opposition has been received.

Commission

Recommendation:
On 6/11/20, the Commission voted 6-0 to recommend
approval of Z2020026 subject to conditions ‘a’ – ‘i’:

a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “PH60112A Apache Auto”, consisting of 8 full-size sheets, dated stamped
received on April 20, 2020, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “PH60112A – Apache Auto”, consisting of 4 pages, stamped
received May 11, 2020, except as modified by the following conditions.

July 22, 2020
Z2020026
Page 2 of 3

c.
The maximum height of the Wireless Communication Facility shall be limited to 80’.

d.
The following Engineering conditions shall apply:

1.
Utility extensions encroaching into the right-of-way of 7th Street, an open
and declared County roadway, may require a Wireless Agreement with
MCDOT for conduit, fiber optic lines and other work that will be within the
County ROW. This agreement must be coordinated with Ms. Kelly Roy,
MCDOT
Utility
Branch
Coordination
Manager,
602-506-8603
or
Kelly.Roy@maricopa.gov. Evidence of said agreement must be provided
prior to issuance of any building permits for this project.

2.
Engineering review of planning and/or zoning cases is for conceptual
design only. 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.

e.
A Minor Amendment shall be required to co-locate future carriers on the Wireless
Communication Facility.

f.
The wireless communication tower shall retain the stealth properties as originally
designed. Any damaged or missing branches shall be replaced within 60 days of
such damage occurring.

g.
This Special Use Permit shall expire 20 years from the date of approval by the Board
of Supervisors on July 22, 2040. All of the site improvements shall be removed within
120 days of such termination or expiration.

h.
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.

i.
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.

July 22, 2020
Z2020026
Page 3 of 3

Presented by:

Ray Banker, Planner
Reviewed by:

Darren Gérard, AICP, Planning Services Manager
Attachment:

6/11/20 P&Z Packet (23 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.

Z2020026
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
Z2020026 – T-Mobile PH60112A – Apache Auto

Hearing Date:
June 11, 2020

Supervisor District:
2

Applicant:
Declan Murphy, Coal Creek Consulting for TowerCom

Owner:
Fredrickson Living Trust

Request:
Special Use Permit (SUP) for a wireless communication facility in the
C-3 zoning district

Site Location:
Generally located on the NEC of Sossaman Rd. and Main St. in the
Mesa area

Site Size:
Approx. 600 sq. ft. (of an approx. 6.68 acre parcel)

Density:
N/A

County Island:
Yes (Mesa)

County Plan:
East Mesa Area Plan - Urban Residential/High (0-25 d.u./ac.)

Municipal Plan:
Mesa General Plan – Mixed Use Activity District (Character Area)

Municipal Comments:
City of Mesa has no comments (email received)

Support/Opposition:
None known

Recommendation:
Approve with conditions

Z2020026
Page 2 of 7
Project Summary:

1.
Coal Creek Consulting on behalf of TowerCom for T-Mobile has submitted a Special Use
Permit (SUP) application for a wireless communication facility (WCF) in a county island
surrounded by the City of Mesa. The C-3 zoned 6.68-acre subject parcel is known as the
Apache Sands Service Center, which includes auto/RV service and repair, a gas station,
and miscellaneous uses. It is located on the northeast corner of Main St. and Sossaman
Rd. Access to the site for maintenance would be through a 12’ wide access easement
from Main St.

2020 Aerial Photograph

2.
The applicant will be leasing a 600-square foot (30’ x 20’) area at the east end of the
property to house the WCF, which includes an 80’ stealth monopole designed to
resemble a broadleaf tree. There would also be related equipment to be located within
a minimum 6’ (h) solid wall. The WCF will include one sector of six panel antennas at the
top of the pole. The 80’ structure will be set back from the property boundaries at all four
directions with the following measurements, 492’-3” from the west, 89’-10” from the east,
200’-7” from the south, and 296’-5” from the north. The WCF would meet the setback
requirements which state for commercial zoning under Article 1202.3.1.2.a: “The wireless
communication facility, if exceeding the height requirements of the zoning district in
which it is located, shall be set back from a property line that abuts land located in a
Rural or Residential Zoning District one foot for every one foot in height of the wireless
communication facility…”

3.
The applicant had previously applied for a Conditional Use Permit (CUP) under
LU20190043 for the subject WCF. Through review of this CUP, it was found that the
proposed antenna diameter (11’) would exceed the maximum 8’ allowed per MCZO
Article 1202.3.1.1.h. which is the reason why an SUP is being requested. Although there is

Z2020026
Page 3 of 7
another WCF (55’ height monopalm) on the subject site, it is mentioned by the applicant
in the narrative that this is not co-locatable.

Zoning Map

Portion of Proposed Site Plan

Z2020026
Page 4 of 7
Proposed Elevation Details

Proposed Antenna Diameter Exhibit

Z2020026
Page 5 of 7
Existing On-Site and Adjacent Zoning / Land Use:

4.
On-site:

C-3 / Apache Sands Service Center
North:
R1-10 / Single-family residential
South:
Arterial then LC (Mesa) / Main St. then commercial development
East:
Arterial then C-3 / 77th St. then vacant
West:
Arterial then LC (Mesa) / Commercial shopping center

Utilities and Services:

5.
Water:

City of Mesa
Wastewater:
City of Mesa
School District:
Mesa Unified
Fire:
Mesa Fire Department
Police:
Mesa Police Department

Adopted Plans:

6.
East Mesa Area Plan: The property is designated as “Urban Residential/High” (0-25
d.u./ac.).

7.
Mesa General Plan: The Property is designated for “Mixed Use Activity District” (Character
Area).

Public Participation Summary

8.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the property and notification by first class mail to adjacent property
owners within 300’ of the subject parcel and interested parties. Furthermore, the initial
submittal was routed to the City of Mesa who had no comment. As of the date of this
report, staff has not received any letters of opposition.

Outstanding Concerns from Reviewing Agencies:

9.
N/A

Staff Analysis:

10.
Staff believes that the SUP is both reasonable and necessary for T-Mobile to provide
expanded coverage in the area. The applicant mentions that this would fill a gap and
deficiency in the T-Mobile coverage of the area. There would be significant separation
between the proposed WCF and the adjacent properties. Especially, the closest residents
would be at least 290’ away. Furthermore, as of the date of this report, neither the
applicant nor staff has received opposition as a result of the applicant’s citizen
participation outreach efforts.

Z2020026
Page 6 of 7
Recommendation:

11.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval of Z2020026, subject to conditions ‘a’ – ‘i’.

c.
The maximum height of the Wireless Communication Facility shall be limited to 80’.

d.
The following Engineering conditions shall apply:

e.
A Minor Amendment shall be required to co-locate future carriers on the Wireless
Communication Facility.

f.
The wireless communication tower shall retain the stealth properties as originally
designed. Any damaged or missing branches shall be replaced within 60 days of
such damage occurring.

h.
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.

i.
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

Z2020026
Page 7 of 7
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:
Ray Banker, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor