06. MCP2023004 PZ Report

MCP2023004 
Page 1 of 7 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
MCP2023004 – AZL01777 Battle Plan Tranche - 1  
 
 
 
Hearing Date: 
December 7, 2023 (Continued from October 19, 2023) 
 
Supervisor District: 
4 
 
 
 
  
 
Applicant: 
Misty Hunter, Smartlink Group   
 
Owner: 
Arrowhead Real Estate 
   
Requests: 
Military Compatibility Permit (MCP) for a wireless communication facility 
(WCF) in the Rural-43 MAAMF zoning district with a plan of development  
 
  
 
Site Location: 
Approximately 950’ east and 300’ south of the SEC of Patton Rd. and 243rd 
Ave. in the Wittmann area 
 
  
Site Size: 
Approximately 1.1 acres  
 
Density: 
N/A 
 
County Island:  
No 
 
 
County Plan: 
White Tank Grand Avenue Area Plan – Military Compatible 
 
Municipal Plan: 
City of Surprise – Employment / Luke Compatibility District 
 
Municipal Comments: 
City of Buckeye  
 
Support/Opposition: 
One email in opposition  
 
Recommendation: 
Approve with conditions

MCP2023004 
Page 2 of 7 
Project Summary: 
 
1. 
The applicant proposes to erect an 80’ WCF that will utilize “mono-pine” stealthing techniques to 
mimic a pine tree.  The approximately one-acre parcel is otherwise vacant.  The site is within the 
MAAMF Overlay (65 Ldn / APZ2) and thus an MCP is required. If the site were outside the MAAMF 
legislative approval of a special use permit would still be required because of the proposal to 
deviate from ordinance WCF standards. 
 
2. 
The site will be accessed from an easement off Patton Road.  There will be an 8’ CMU block wall 
around associated ground equipment.  The WCF will have a single antenna array of 13’ 3” in 
diameter, which exceeds the 8’ diameter allowed per ordinance.  The applicant has stated 
additional antenna array colocations will be placed on the WCF in the future.  In addition to the 
request of increasing the antenna array diameter the applicant is also requesting several setback 
reductions.   WCFs located in the Rural-43 zoning district are required to meet a 2’ setback per 
every 1’ in height, meaning a 80’ WCF must meet a 160’ setback from all lot lines.  The applicant 
is proposing a 23’ setback from the edge of the antenna array to the eastern lot line, and a 72’ 
setback to the southern lot line.  The submitted plans show the proposed WCF just meeting the 
required 120’ setback to the western lot line from the westernmost edge of the antenna array. 
The WCF is over 200’ from the northern lot line.  
 
3. 
There is no recent history on the subject property prior to the applicant’s pursuit of the proposed 
WCF. The preapplication meeting was held on July 17, 2022. On February 24, 2023 the applicant 
submitted a UCCD for the proposed WCF, UC2023006, which LAFB determined to be “compatible” 
on March 29, 2023, and formal submittal of the subject MCP request was made on February 22, 
2023.  The technical advisory committee meeting was held on April 18, 2023.

MCP2023004 
Page 3 of 7 
Elevation of proposed WCF 
 
 
 
 
REGULATION 
BASE ZONING 
DISTRICT 
REGULATIONS (Rural - 
43) 
PROPOSED ZONING REGULATIONS 
(Rural – 43 MAAMF MCP) 
Height  
30’ 
30’ 
Min. Front Yard 
40’ 
40’ 
Min. Side Yard 
30’ 
30’ 
Min. Rear Yard 
40’ 
40’ 
Min. Lot Area 
43,560 sq ft 
43,560 sq. ft. 
Min. Lot Width 
145’ 
145’ 
Max. Lot Coverage 
25% 
25% 
Min. WCF Setback to 
eastern lot line 
160’ (2’ setback for 
every 1’ in height)   
23’ 
Min. WCF Setback to 
southern lot line 
268’ (2’ setback for 
every 1’ in height)   
72’ 
Maximum Diameter 
of Antenna Array 
8’ 
13’ 3”

MCP2023004 
Page 4 of 7 
 
MAAMF Overlay 
 
2023 Aerial Image 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
4. 
On-site: 
 
Rural – 43 MAAMF (LDN 65/APZ2) / Vacant  
North: 
Rural – 43 MAAMF (LDN 65/APZ2) / Vacant

MCP2023004 
Page 5 of 7 
South: 
Rural – 43 MAAMF (LDN 65/APZ2) / Single – family residential  
East: 
Rural – 43 MAAMF (LDN 65/APZ2) / Vacant 
West: 
Rural – 43 MAAMF (LDN 65/APZ2) / Vacant 
 
 
Utilities and Services: 
 
5. 
Water: 
 
N/A 
Wastewater: 
N/A 
School District: 
Nadaburg Unified School District 
Fire: 
North County Fire District (Arizona Fire & Medical Authority) 
Police:  
Maricopa County Sheriff’s Office 
 
Right-of-Way: 
 
6. 
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 
Patton Rd 
55’ 
75’ 
Principal Arterial 
 
Adopted Plans: 
 
7. 
White Tank / Grand Ave Area Plan – Military Compatible (adopted December 6, 2000): This land 
use designation is reserved for parcels within the state-statute defined High Noise or Accident 
Potential Zone of Luke Air Force Base.  Uses are restricted to those that have been deemed 
consistent and compatible with Air Force operations.  The proposed WCF is subject of such 
determination per UC2022023. 
 
8. 
Surprise General Plan 2035: Foundation for the Future – Employment / Luck Compatibility 
District (Adopted December 19, 2015): This land use designation is for large scale industrial 
space, corporate campuses, research parks, and the like.  The land use designation is intended 
to protect LAFB operations. 
 
Public Participation Summary: 
 
9. 
The applicant’s public participation comprised of the minimum notification requirements of 
notifying property owners within 300’ of the subject site and two site postings.  The applicant did 
not report any response or interactions with the public.  Staff notes that one email was received 
and one phone call of opposition was received.  The chief concern was the proximity of the 
proposed WCF to existing structures on the property to the southwest of the existing site, with a 
secondary concern that the proposed pine tree stealthing design would look outlandish 
juxtaposed with Sonoran flora. 
 
Outstanding Concerns from Reviewing Agencies: 
 
10. 
N/A 
 
Staff Analysis:

MCP2023004 
Page 6 of 7 
11. 
The proposed 134’ WCF matches the land use that LAFB deemed compatible for the site via 
UC2022023, and thus matches the future land use designation.  Staff notes that the requested 
increase in antenna array diameter is consistent with many recent WCF submissions and has no 
concerns over the increase in antenna array.  Staff notes that the requested reductions in 
setbacks may not be supportable in many instances, however it should be noted that the 
properties to the east and south are also both within the MAAMF and therefore no new residential 
uses will be introduced to the properties.  This completely alleviates concerns for the reduced 
eastern setback as that property is currently vacant and will not be used for residential purposes.  
There is a little more concern over the setback request to the southern lot line as the properties 
to the south have existing legal non-conforming residential uses.  Staff notes that the applicant 
relocated the WCF so that it would not be immediately adjacent to existing shade structures on 
the property to the southwest.  Staff also notes that due to the MAAMF overlay these residential 
uses are expected to amortize over time. Overall, staff notes that the use is consistent with uses 
accepted by LAFB, and with the Military Compatible land use designation.  Additionally, staff 
notes that while the proposed pine tree design may be an unusual choice for the Sonoran Desert, 
it does demonstrate that the applicant is attempting to reduce the visual impact of the proposed 
WCF. 
 
Recommendation: 
 
12. 
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve MCP2023004 subject to the following conditions ‘a’ – ‘f’: 
 
a. 
Development of the site shall be in substantial conformance with the site plan entitled 
“AZL01777“, consisting of 13 full-size sheets, dated August 14, 2023 and stamped 
received August 25, 2023, except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the narrative report 
entitled “AT&T AZL01777”, consisting of 4 pages and stamped received September 12, 
2023, except as modified by the following conditions. 
 
c. 
The following Rural–43 MCP standards shall apply:  
 
1. Minimum Setback from WCF to eastern Lot Line: 23’ 
 
2. Minimum Setback from WCF to southern Lot Line: 72’ 
 
3. Maximum Diameter of Antenna Array: 13’ 3” 
 
d. 
The following Planning Engineering conditions shall apply:  
 
1. 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. 
 
2. The applicant must execute a wireless agreement with MCDOT for all equipment 
conduit, F/O and other work that will be within the MCDOT ROW.  This agreement 
must be coordinated with Ms. Kelly Row, MCDOT Utility Branch Coordination 
Manager, 602-506-8603 or Kelly.roy@Maricopa.gov

MCP2023004 
Page 7 of 7 
 
3. Driveway access to County roads (Patton Road) must be paved and will require a 
permit from MCDOT issued concurrent with building permit(s) required for site 
development. 
 
4. Applicant to notify ADOT of proposed project through the Red Letter Process, 
Redletter@azdot.gov, due to proximity to the future White Tanks Freeway preferred 
corridor. 
 
e. 
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.  
 
f. 
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.  Failure to comply with conditions after a reasonable opportunity to 
bring the property into compliance may result in the initiation of revocation at a public 
hearing. It is, therefore, stipulated and agreed that revocation due to the failure to comply 
with any conditions, 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 of the 
MCP.  The MCP enhances the value of the property above its value as of the date the MCP 
is granted and reverting to the prior zoning results in the same value of the property as if 
the MCP had never been granted. 
 
 
Presented by: 
Joseph Mueller, Planner 
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Site Plan/Land Use Plan (reduced 8.5”x11”, 13 pages) 
 
Narrative Report (4 pages) 
 
MCESD comments (1 page) 
 
DPR comments (2 pages) 
 
City of Buckeye (2 pages) 
 
Opposition Email (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1.1 approx.
Generated October 10, 2023 3:58 PM
MCP2023004
Application Name:
Legal Description
AZL01777 Battle Plan Tranche -1 EDR
Applicant
Case Address
,
Misty Hunter for Smartlink Group
24123 W PATTON Rd
Applicant Phone/Email
Parcel Primary:503-30-081
928.255.7691
misty.hunter@smartlinkgroup.com
WITTMANN AZ 85361
Map scale 1:751
Supervisor District No.
CONSTRUCTION OF A TELECOMMUNICATION FACILITY

NarraƟve Report Title Page  
 
ApplicaƟon Case# MCP2023004 
  
Project Name: AT&T AZL01777 
Site LocaƟon: 24101 W PATTON RD WITTMAN, AZ 85361 
APN# 503-30-081

PURPOSE OF REQUEST 
New Cingular Wireless PCS, LLC (aka AT&T) is requesƟng in Maricopa County, 
recommendaƟon for what type of zoning approval process will be required to place a new 
80’ single carrier WCF (Faux pine Tree tower) needed for cellular coverage in this rural area 
for residents, workers and First Responder Network Authority (www.firstnet.gov ) that 
will have dedicated communicaƟons for First Responders, Police, Firefighters and 
Emergency Medical Services. Once this tower is implemented, first responders will no 
longer rely on the same communicaƟon system used by consumers that can be come. 
congested if a crisis were to happen. 
 
DESCRIPTION OF PROPOSAL 
This modificaƟon consists of: 
InstallaƟon of 80’ Faux pine tree tower, AT&T RAD Center of 75’. Tower will 
be designed to accommodate mulƟple carriers, ground equipment will be 
concealed by an 8’ tall CMU walled 50’x50’ compound. 
 
SETBACK SET/MODIFY WITH THE MCP: 
The tower must be set back 160’ from all property lines per current zoning ordinance. We are 
asking for the following setback reduced from all measured property lines to the furthest 
protrusion of the pole. 
 
The approximate parcel is (1.1) acres located South of Paton Road, and West of North 240th 
Drive. 
APN# 503-30-081, setbacks will be from South property line 80'6”, North property 176'9", West 
property 128'6: and East property line that is owned by the same landlord there will be a 10' 
setback. Due to LL owning the property to the East we are asking to place the site with only a 
10’ setback. 
 
Due to the antennas now being used there is a MAX. separaƟon causing the antenna array 
needing to be increased from the 8' max. previously allowed to 14' max. 
 
Current use of the property:  
Current use of property is raw land that has equivalent room to accommodate a  Wireless 
CommunicaƟons Facility as long as we can get the setbacks approved by Maricopa County. 
Following the iniƟal replacement of the tower mounted equipment, there will be minimal. 
operaƟons, employees on site. The site is unmanned, and vehicular traffic is minimal. 
No traffic plan would be required. 
 
RELATIONSHIP TO SURROUNDING PROPERTIES 
Property’s surrounding the parcel are zoned as follows: 
All are zoned RU-43 
 
LOCATION AND ACCESSIBILITY

Access to the site is off W Paton Rd, access road will be installed and paved to accommodate 
the neighborhood and keep the dust down. 
 
 
 
CIRCULATION SYSTEM 
Access into the facility is via paved rd, limited to technicians for regular. 
monitoring and maintenance, approximately once a month. 
 
COMMUNITY FACILITIES AND SERVICES 
N/A 
 
 
 
PUBLIC UTILITES AND SERVICES 
Water: N/A un-maned facility 
Sewer: N/A un-maned facility 
Electric: APS 
Telephone: Unknown 
Police: Witman Police Department 
Fire: Witman Fire Department 
 
Closing 
The CiƟzens of this rural area and will not be unduly affected by this WCF, and will 
benefit by the improved dependability, coverage, and high-quality wireless 
communicaƟons for personal, business and emergency use. AT&T is commited to 
developing the best wireless system for the CiƟzens in this community while working 
cooperaƟvely with Town of Witman and Maricopa County. 
 
 
Thank you in advance for your consideraƟon.

Page | 1  
 
 
Subdivision 
Infrastructure  
& Planning Program 
301 W. Jefferson St. 
Phoenix, AZ 85003 
 
Subdi vi sio n@mari co pa.go v 
esd.mar i co pa.go v 
 
 
 
 
 
The Maricopa County Environmental Services Department (MCESD) has completed review 
for the  MCP with Plan of Development planning case(s). Please note the following MCESD 
requirements for site development: 
Additional Notes –  
Environmental Services does not require these items for condition of approval of  MCP2023004, 
however these items must be addressed with the development of the site. Environmental Services 
does not require additional review of this case. 
 
*It should be noted that this document does not approve the referenced project. Comments are provided 
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County 
Planning and Development Department. Other Maricopa County agencies may have additional 
requirements. Final review and approval will be made through Planning and Development Department 
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental 
Services Department for approval of proposed facilities regulated by the Department. Review of any such 
application will be based on current regulations at the time of application. 
 
 
 
 
Project Name:  MCP with Plan of 
Development 
Primary Contact Name:  Misty  Hunter 
Planning Application Type: Military 
Compatibility Permit 
APN(s):  503-30-081 
Reviewer: Souren Naradikian, P.E. 
Email: Souren.Naradikian@maricopa.gov 
Phone: 602-372-2907 
Planner Name:  Joseph Mueller 
Planning Case #:  MCP2023004 
Date: April 3, 2023 
 
Water and Waste Management Division

Krystina Pacheco, PE 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-8790 
www.maricopa.gov/planning 
Email address: 
krystina.pacheco@maricopa.gov 
Planning & Development 
 
Engineering Plan Review 
 Date:    
April 12, 2023 
 
Memo To: 
Darren Gerard, Planning Manager, Planning & Development 
 
Attn: 
Joseph Mueller, Planner, Planning and Development 
 
 
 
From: 
Krystina Pacheco, Plans Examiner Engineer, Planning and Development 
 
cc: 
Michael Norris, P.E., Engineering Manager, Planning and Development 
 
Subject:   
MCP2023004 – MCP to Install Cell Tower 
 
 (E1 Memo) 
 
Job Site Address: 
24101 W Patton Road, Wittmann  
APN(s): 
503-30-081 
 
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st 
submittal of the MCP application routed for review on March 13, 2023. PND Engineering 
has the following stipulations: 
1. Applicant to notify ADOT of proposed project through the Red Letter Process, 
RedLetter@azdot.gov, due to proximity to the future White Tanks Freeway preferred 
corridor. 
 
2. Driveway access to County roads (Patton Road) must be paved and will require a 
permit from MCDOT issued concurrent with building permit(s) required for site 
development.  
 
3. The applicant must execute a Wireless Agreement with MCDOT for all equipment, 
conduit, F/O and other work that will be within the MCDOT ROW. This agreement 
must be coordinated with Ms. Kelly Roy, MCDOT Utility Branch Coordination 
Manager, 602-506-8603 or Kelly.Roy@maricopa.gov. 
 
4. 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. 
 
5. 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

Page 2 of 2 
  
Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa 
County; and the MCDOT Roadway Design Manual. 
 
Please contact me if you have any questions or require any additional information.

1
Joseph Mueller (PND)
From:
Ken Galica <kgalica@buckeyeaz.gov>
Sent:
Wednesday, April 5, 2023 9:58 AM
To:
Joseph Mueller (PND)
Cc:
Adam Copeland; Brian Craig; Hobart Wingard
Subject:
RE: MCP2023004 - AZL01777 Battle Plan Tranche - 1
Attachments:
MCP2023004 - AZL01777_WITTMANN_ZDS_REV-3_10.17.2022.PDF.pdf; MCP2023004 - 
AZL01777 PROJECT NARRATIVE.PDF.pdf; MCP2023004 - app only.pdf
Hi Joseph,  
 
The proposed communication tower is not located within the City of Buckeye’s planning area; we have no concerns as 
long as Luke AFB is ok with it.  
 
Ken Galica 
Principal Planner 
Development Services Department  
(623) 349-6214 
 
 
From: Joseph Mueller (PND) <Joseph.Mueller@Maricopa.Gov>  
Sent: Monday, April 3, 2023 11:33 AM 
To: ken.nyman@azag.gov; janet@wickenburgsun.com; Scott Wilken <swilken@azmag.gov>; Kurt Cotner 
<kcotner@azmag.gov>; 56 FW/CIT Community Initiative <56fw.cit.communityinitiative@us.af.mil>; Ken Galica 
<kgalica@buckeyeaz.gov>; planning@surpriseaz.gov; Eric Kriwer <ekriwer@afma.az.gov>; knixon@afma.az.gov; Eileen 
Baden (PRK) <Eileen.Baden@maricopa.gov>; Kurt Cotner <kcotner@azmag.gov>; Wendy Riddell 
<wr@berryriddell.com>; BG Bratcher <BG@yourrealestateresource.biz>; pe@azland.gov; bfenske@azdot.gov; 
jgarcia@azdot.gov; dkrantz@citytocitycre.com; Frank McWilliams (MCSO) <FrankMcWilliams@MCSO.maricopa.gov>; 
agarza@azmag.gov 
Subject: MCP2023004 - AZL01777 Battle Plan Tranche - 1 
 
[NOTICE:  This message originated outside of the City of Buckeye -- DO NOT CLICK on links or open attachments unless 
you are sure the content is safe.] 
Good morning, 
 
We have received the above request for a Military Compatibility Permit on APN 503-30-081 to allow an 80’ WCF within 
the RU-43 MAAMF zoning district.  The parcel is generally located east of the SEC of 243rd Ave and Patton Rd in the 
Wittmann area. 
 
The TAC meeting for the case will be held April 18th.  Please let me know if you have any comments, questions, or 
concerns. 
 
Kind Regards,

2
 
Joseph Mueller 
PLANNING & DEVELOPMENT 
301 W Jefferson St Phoenix, AZ 85003
Planner 
O:   602-506-7629     
MARICOPA.GOV 
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1
Joseph Mueller (PND)
From:
melod756@aol.com
Sent:
Monday, May 22, 2023 6:15 AM
To:
Joseph Mueller (PND)
Subject:
Planning Application Number: MCP2023004 Parcel #503-30-081  Cell Tower Wittmann 
AZ
Dear Joseph Mueller, 
 
Objection to Development of Cell Tower. 
 
I wish to object to this proposal for the following reasons:  
 
The proposed distance is not sufficient to keep my horses, chickens, and fence line safe and free from destruction and 
potential disease. According to the American Cancer Society, cell towers increase the risk of health hazards, such as 
headaches, memory loss, congenital disabilities, and cardiovascular stress. Many studies also report that cell 
towers may lead to cancer as they emit non-ionizing, high Radio Frequency 
 
People in the area could experience sleep disorders, fatigue, headache, memory loss, depression, hearing 
problems, joint pains, skin diseases, and even cardiovascular problems. 
 
The proposed distance is not sufficient to keep my horses, chickens, and fence line safe. Who will be responsible for 
decline in my fence line and possible land sink age from the weight of the tower?  
 
A safe distance would be 400 meters or 1320 feet not the proposed distance they are requesting. 
 
The development company who owns all four acres behind us is the only one to benefit from the cell tower. He could 
easily place the tower closer to Patton as not to obstruct the view and decrease our property value. Placing a cell tower 
at the edge of my property would cause my property and neighborhood to decrease in value. 
 
In the event this cell tower is approved, the proposed Palm Tree would be an eyesore to look at, we are in the middle of 
the desert a Saguaro Cactus or Palo Verde tree design would be more site appropriate for the landscape. It needs to be 
further away from my property NOT the proposed distant currently on the agenda. 
 
Thank you. 
Melodie Faulkner 623-745-5346  
melod756@aol.com