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July 22, 2020
Z2020030
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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
July 22, 2020
Case #/Title:
Z2020030 – ATC Gunpowder WCF
Supervisor District:
3
Applicant/Owner:
Scott Quinn/Verizon Wireless (VAW), LLC
Request:
Modification of Condition of Special Use Permit (SUP) for a
wireless communication facility (WCF) in the Rural-43 zoning
district, case # Z 99-09, to extend validity of the permit for an
additional 20 years
Site Location:
Generally located 620’ east of the northeast corner of Pioneer
Rd. and Gavilan Peak Pkwy.
Site Size:
40,000 Square Feet
County Island Status:
Yes (City of Phoenix)
Additional
Comments:
On May 5, 1999, the Board of Supervisors approved Z99-09 a
Special Use Permit (SUP) for a wireless communications facility
(WCF) on the top of Pioneer Mountain in the Phoenix area.
The existing WCF is a 65’ tall monopole provides wireless
service for multiple carriers. Condition ‘f’ of Z99-09 limited the
SUP for 20 years after Board of Supervisors approval. The
applicant is requesting a modification of Condition ‘f’ of Z99-
09 to allow an additional 20 year for this SUP, enabling this
WCF to continue operation without the interruption of vital
wireless services for the immediate area.
There are no outstanding concerns from reviewing agencies.
The site is within the City of Phoenix Municipal Planning Area,
but the City’s General Plan identifies the parcel as
undesignated. The City of Phoenix was notified and as of the
date of this report, staff have not received comments from
the City of Phoenix 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 Z2020030 subject to conditions ‘a’ – ‘i’:
July 22, 2020
Z2020030
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a.
Development of the site shall comply with the site plan entitled “PHO
Gunpowder”, consisting of one (1) sheet, dated (revised) February 26, 1999, and
stamped received March 1, 1999, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Modification of Special Use Permit Z99-09 Condition ‘f’“, consisting
of six (6) pages, dated April 30, 2020, and stamped received May 5, 2020, except
as modified by the following conditions.
c.
Approval of this Special Use Permit is subject to variance approval by the Board of
Adjustment for substandard lot area.
d.
The height of the monopole, including any attachments shall be limited to 65’.
e.
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
is compatible with the surrounding area.
f.
This special use permit shall expire on July 22, 2040, or upon termination of the use
for a period of 120 or more days, whichever occurs first. All of the site
improvements including monopole and equipment shall be removed within 120
days of such termination or expiration.
g.
Major changes to this plan of development (the site plan and narrative report)
/Special Use Permit shall be processed as a revised application in the same
manner as the original application, with final determination made by the Board of
Supervisors following recommendation by staff and the Planning and Zoning
Commission. Minor changes may be administratively approved by staff of the
Planning and Development Department.
h.
Non-compliance with the Plan of Development (the site plan and narrative report)
of the conditions of approval will be treated as a violation in accordance with
provisions of the Maricopa County Zoning Ordinance.
i.
Where demonstrated possible, the applicant/property owner shall facilitate co-
location for other communication service providers. Co-location facilities may be
approved administratively by staff of the Planning and Development Department.
Presented by:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Services Manager
Attachment:
6/11/20 P&Z Packet (14 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.
Z2020030
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2020030 – ATC Gunpowder WCF
Hearing Date:
June 11, 2020
Supervisor District:
3
Applicant:
Scott Quinn, Quinn United/Hoss Consulting
Owner:
Verizon Wireless (VAW), LLC
Request:
Modification of Condition of Special Use Permit (SUP) for a wireless
communication facility (WCF) in the Rural-43 zoning district, case # Z
99-009, to extend validity of the permit for an additional 20 years
Site Location:
Generally located 620’ east of the northeast corner of Pioneer Rd.
and Gavilan Peak Pkwy.
Site Size:
40,000 square feet
Density:
N/A
County Island:
Yes (City of Phoenix)
County Plan:
Daisy Mountain/New River Area Plan – Single Family – Rural (0-1
du/ac)
Municipal Plan:
City of Phoenix – Undesignated
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2020030
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Project Summary:
1.
On May 5, 1999, the Board of Supervisors approved Z 99-009 a Special Use Permit (SUP) to
develop a 40,000 square foot property into a wireless communications facility (WCF) on
top of Pioneer Mountain in the Phoenix area. The WCF provides wireless service for
Verizon Wireless, AT&T, Sprint, and Cricket Wireless customers in an enclosed compound
located in the Rural-43 zoning district. The original SUP Z99-09 conditioned this particular
WCF to operate for a period of 20 years after Board of Supervisor approval. Therefore,
this is a request to modify Condition ‘f’ of Z 99-009 to allow an additional 20 years to
operate this WCF without interruption of wireless services for the immediate area.
2.
The property is 40,000 square feet in the Rural-43 zoning district with minimum lot size of
43,560 square feet, but there is an approved variance (BA 99-013) to allow for this non-
conformity that was approved on April 14, 1999. Moreover, this variance request,
addressed Condition ‘c’ of SUP Z 99-009, which required the applicant to submit a request
for a variance as a condition of approval of Z 99-009. Since the approval of SUP Z99-09,
there have been seven minor modifications to SUP Z 99-009, which have added
antennas, equipment, and microwave dishes to the WCF (Z 99-009a); Z2002156, Z2004106,
Z007111, Z2011018, Z2011070, and Z2013068). In addition, on October 25, 2011, there was
a minor amendment of that modified Condition ‘d’ of SUP Z 99-009 that increased the
height of the monopole from 56’ to 65’ to allow for co-location with an additional
antenna array (Z2011070).
3.
Justification for this request is that this has been a vital WCF which has been in service for
20 years. During this time the facility has added multiple wireless providers to offer
expanded wireless services to a multitude of customers. In addition, the WCF has been
equipped with E911as a public communication service that has proven to be beneficial
to adjacent residents, users, and first responders. By increasing this SUP for an additional
20 years would enable this indispensable telecommunications facility to operate and
provide wireless services to continue without operation of service for wireless customers
and first responders.
Z2020030
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Zoning Map
2020 Aerial Photo
Z2020030
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Street View of the site from Pioneer Rd. Freeway Overpass
Close-up of the WCF
Z2020030
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Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / WCF
North:
Rural-43 / WCF and Natural Desert
South:
Rural-43 / Natural Desert
East:
Rural-43 / Natural Desert
West:
Rural-43 / Natural Desert
Utilities and Services:
5.
Water:
None
Wastewater:
None
School District:
Deer Valley Unified School District
Fire:
Daisy Mountain Fire District
Police:
Maricopa County Sherriff’s Office
Right-of-Way:
6.
This is an isolated site not adjacent to any County or municipal dedicated or future right-
of-way. Access to site is via a 20-foot wide access easement that links the property to
Gavilan Peak Pkwy. to the west.
Adopted Plan:
7.
Daisy Mountain/New River Area Plan (updated November 20, 2019): The land-use
designation of the site is Single Family – Rural (0-1 du/ac). This land use designation
promotes low-density single family homes at or below one home per acre where the
natural environment may determine a home’s location and access to avoid disruption
of natural washes and steeper slopes. The existing non-residential use of the property as
a WCF on a site with slopes in excess of 15% conforms to the updated Daisy
Mountain/New River Area Plan.
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 feet of the subject parcel, with notification to interested parties. As of
the date of this report, staff has not received any support or opposition to this request.
Outstanding Concerns from Reviewing Agencies:
9.
There are no outstanding concerns from reviewing agencies. The City of Phoenix was
notified about this request and as of the date of this report staff has not received any
comments.
Staff Analysis:
Staff supports modifying the timeframe allowed for this SUP for ATC Gunpowder WCF. The
modification will allow the operation of this vital WCF with four different wireless providers
without interruption of service.
Z2020030
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Existing language – Z 99-009 Condition ‘b’
Development and use of the site shall comply with the narrative report entitled
“Gunpowder”. Consisting of three (3) pages, dated (revised) February 25, 1999, and
stamped received March 1, 1999, except as modified by the following stipulations.
Proposed language – Z 99-009 Condition ‘b’
Development and use of the site shall be in substantial conformance with the narrative
report entitled “Modification of Special Use Permit Z99-09 Condition ‘f’”, consisting of six
(6) pages, dated April 30, 2020, and stamped received May 5, 2020, except as modified
by the following stipulations conditions.
Existing language – Z 99-009 Condition ‘f’
This Special Use Permit shall expire 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 including monopole, shall be
removed within 60 days of such termination or expiration.
Proposed language – Z 99-009 Condition ‘f’
This Special Use Permit shall expire on July 22, 2040, or upon termination of the use for a
period of 120 or more days, whichever occurs first. All of the site improvements including
monopole, shall be removed within 120 days of such termination or expiration.
Recommendation:
10.
Staff recommends the Commission motion for approval of Z2020030 to modify conditions
‘b’ & ‘f’ of Z 99-009 subject to conditions ‘a’ – ‘i’ :
a.
Development of the site shall comply with the site plan entitled “PHO
Gunpowder”, consisting of one (1) sheet, dated (revised) February 26, 1999, and
stamped received March 1, 1999, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Modification of Special Use Permit Z99-09 Condition ‘f’“, consisting
of six (6) pages, dated April 30, 2020, and stamped received May 5, 2020, except
as modified by the following conditions.
c.
Approval of this Special Use Permit is subject to variance approval by the Board of
Adjustment for substandard lot area.
d.
The height of the monopole, including any attachments shall be limited to 65’.
e.
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
is compatible with the surrounding area.
Z2020030
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f.
This special use permit shall expire on July 22, 2040, or upon termination of the use
for a period of 120 or more days, whichever occurs first. All of the site
improvements including monopole and equipment shall be removed within 120
days of such termination or expiration.
g.
Major changes to this plan of development (the site plan and narrative report)
/Special Use Permit shall be processed as a revised application in the same
manner as the original application, with final determination made by the Board of
Supervisors following recommendation by staff and the Planning and Zoning
Commission. Minor changes may be administratively approved by staff of the
Planning and Development Department.
h.
Non-compliance with the Plan of Development (the site plan and narrative report)
of the conditions of approval will be treated as a violation in accordance with
provisions of the Maricopa County Zoning Ordinance.
i.
Where demonstrated possible, the applicant/property owner shall facilitate co-
location for other communication service providers. Co-location facilities may be
approved administratively by staff of the Planning and Development Department.
Presented by:
Martin Martell, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Narrative Report (6 pages)