04. Z2021128 PZ Report
Extracted text (via pymupdf)
29443 characters
Z2021128 Page 1 of 5 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2021128 – Crown Castle Cashion 806982 Hearing Date: November 2, 2023 Supervisor District: 5 Applicant: Michael J Campbell – Campbell A&Z, LLC Owner: 11328 Buckeye Rd, LLC Request: Modification of Condition to a Special Use Permit (SUP) for a wireless communications facility in the C-3 zoning district Site Location: Generally located 792’ east of the NEC of Buckeye Rd & Avondale Blvd in the Cashion area Site Size: 26,000 sq. ft. Density: N/A County Island: Yes (Avondale) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: Avondale – Mixed Use Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2021128 Page 2 of 5 Project Summary: 1. The purpose of this request is to amend condition “g” on the current SUP for an existing 295’ tall co-located wireless communications facility lattice tower in the C-3 zoning district. The lattice tower was originally approved under case Z85-30 and subsequently amended under Z2001052, Z2001152, Z2002070, Z2004116, Z2004117, Z2005063 and Z2013011. On August 8, 2001, Maricopa County Board of Supervisors approved Z2001052 subject to conditions ‘a’-‘I’. Condition ‘g’ grants validity for the SUP for 20 years. The proposed language for condition “g” of the subject case is presented here in legislative edit format with new language shown as bold and underline, but based off currently approved Z201052 condition ‘g’ language: “g. This Special Use Permit shall expire twenty (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 comes first. All of the site improvements, including the lattice tower, shall be removed within 60 days of such termination or expiration. At the time of expiration, the applicant may submit an application for renewal of the Special Use Permit subject to County review and approval by the Board of Supervisors. This Special Use Permit shall expire December 6, 2048, or upon termination of the use for a period of 90 days for longer, whichever comes first. All site improvements, including the lattice tower, shall be removed within 60 days of such termination or expiration. At the time of expiration, the applicant may submit an application for renewal of the SUP subject to County review and approval by the Board of Supervisors.” 2. Initial SUP for modification of conditions was filed September 3, 2021. In the months that followed, it was determined by Staff that there was an underlying code violation, V202101124, as a result of business activities that were outside the scope of the approved SUP by new property ownership. County staff placed a hold on processing any entitlement cases until a resolution was reached. In June 2023, the County and the underlying ownership executed a compliance agreement, and as such Staff resumed processing case Z2021128. Z2021128 Page 3 of 5 Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: Rural-43 & C-3 / Trucking terminal, hot dog stand, and lattice tower North: City of Avondale PAD / Landscape & drainage tract South: C-3 / Union Pacific RR then Buckeye Rd. East: Rural-190 / Vacant – existing warehouse West: Avondale Blvd. then City of Avondale PAD / Open space tract Utilities and Services: 4. Water: City of Avondale Wastewater: City of Avondale Fire: Rural Metro Police: MCSO Right-of-Way: 5. Avondale Blvd is under the jurisdiction of City of Avondale. Adopted Plans: 6. Avondale General Plan 2030 (adopted August 2, 2022): The subject property falls within Avondale’s Municipal Planning Area. Avondale’s General Plan 2030 designates the site as ‘Mixed- Use’ defined as a mixture of residential and commercial. This category encourages innovatively designed developments, which create a core living environment, reflective of a village concept where residents can live, work, and recreate within the same development or close by. Basic criteria for development includes: reasonable scale to the surrounding neighborhood, proportionate ratios for each use, and encouragement of alternative modes of transportation (such as bicycling or walking) and a well-conceived plan with access to and integration of transit facilities. 7. Maricopa County “Vision 2030” Comprehensive Plan: The Comprehensive Plan designates the subject property as being within the Rural Development Area (0-1 d.u./ac) after decommissioning of the Estrella Area Plan. Unincorporated areas outside of the county area plans are designated Z2021128 Page 4 of 5 Rural Development Area and are only appropriate for rural land uses and rural zoning. (agricultural-related and residential land uses with a density of one dwelling unit or less per gross acre.) Public Participation Summary: 8. In anticipation of the subject SUP amendment, the applicant re-posted the site in the same general locations as was the case for the previous SUP case, in addition to sending written notification to area stakeholders. Staff also sent notice of the hearing to all property owners within 300’ of the property and published legal ad in accordance with the MCZO. As of the writing of this report, staff is unaware of any public support or opposition to the application. Outstanding Concerns from Reviewing Agencies: 9. N/A Staff Analysis: 10. The purpose of the request is to renew a previously approved SUP for an existing 295’ tall lattice wireless tower that has existed since 1986, just north of the Union Pacific Railroad Right of Way and MC-85. Because of these two major infrastructure corridors, the MC-85 corridor has developed as host to medium commercial and industrial developments. Staff finds the request appropriate for the already developed industrial area, as the need for cellular service has become essential for emergency communications and a necessity for area residents. If approved the SUP will expire on December 6, 2048. Recommendation: 11. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2021128 subject to the following conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the site plan entitled “Cashion Wireless Communication Facility”, consisting of one full-size sheet, dated revised May 21, 2001 and stamped received May 21, 2001 except as modified by the following stipulations. b. Development of the site shall be in substantial conformance with the narrative report entitled “Special Use Permit Project Narrative”, consisting of 9 pages, revised September 20, 2023 and stamped received September 26, 2023, except as modified by the following stipulations. c. All outdoor lighting shall comply with Section 1112 of the Maricopa County Zoning Ordinance. d. The tower and all attachments shall be limited to a maximum height of 300’. e. Prior to the issuance of zoning clearance for the equipment shelter, the applicant shall obtain a floodplain use permit through the Maricopa County Flood Control District. f. The access easement and parking space shall be surfaced with ABC or another form of dust proofing deemed acceptable at the time of zoning clearance. Z2021128 Page 5 of 5 g. This special use permit shall expire December 6, 2048, or upon termination of the use for a period of 90 days or longer, whichever comes first. All site improvements, including the lattice tower, shall be removed within 60 days of such termination or expiration. At the time of expiration, the applicant may submit an application for renewal of the SUP subject to County review and approval by the Board of Supervisors. h. Major changes to this SUP (the site plan and narrative report) 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. i. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, or the Maricopa County Flood Control District may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. j. 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: Daniel Johnson, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachments: Case Map (1 page) Narrative Report (9 pages) Planning & Development Engineering comments (1 page) MCESD comments (1 page) CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile SPECIAL USE PERMIT PROJECT NARRATIVE WIRELESS COMMUNCIATIONS FACILITIES EXISTING 282’ tall CO-LOCATED LATTICE TOWER CROWN CASTLE IN C-3 Zoning CROWN CASTLE # 806982 11328 W. BUCKEYE RD Z2001052 September 30, 2021 February 10, 2022, revsd September 20, 2023 Z2021128 Crown Castle respectfully requests a MODIFICACTION of SUP Z2001052 Condition “G”, (and subsequent cases Z2001152, Z2002070 and Z2004117 for the existing WCF located at 11382 W. BUCKEYE ROAD. CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile PARCEL INFORMATION: APN# 101-01-008B Section 7 Township 1 North, Range 1 East Zoning District: C-3 Surrounding Zoning: North: PAD, South: Buckeye Rd & PAD, East: C-3 and West: Avondale Rd & PAD Adjacent land uses: N: developed HOA common area tract; S: developed commercial; W: developed HOA common area tract; E: developed industrial use. Explanation of Case Processing Initial SUP for Modification of Conditions was filed September 3, 2021. In the months that followed it was determined by Staff that there was an underlying Code Violation, V202101124, as a result of business activities that were outside the scope of the approved Use Permit by the new property ownership. County Staff placed a hold on processing any entitlement cases until a resolution was reached. Staff assured us that the current SUP for the cell tower would not be revoked during this “hold” period. Our request for the SUP Modification of Conditions has placed on hold indefinitely. In June 2023, the County and the underlying ownership completed a Compliance Agreement. The result of the CA being reached, Staff advised us that we could proceed with our case Z2021128. DETAILS OF THE EXISTING WCF PROJECT PROJECT: The existing Crown 295’ tall co-located wireless communications facility lattice tower houses multiple commercial carriers: • T-Mobile at the 77’ rad center, with 9 antennas, 3 antennas per sector, 3 sectors and 1 one-foot microwave dish at the 73’ rad center. o T-Mobile proposes to add one 4’ microwave dish at the 45’ rad center • AT&T Wireless at the 55’ rad center, with 12 antennas, 4 antennas per sector, 3 sectors. • The SUP lease area and equipment compound remains the same. • All associated cables are internal to the monopole and then on a cable tray to the equipment shelter. • The electrical and telco service are from the local service providers. The electric and telco service run overhead from the source to the equipment compound. • A designated gravel surfaced parking space, 9’x 18’, for the service technician is at the entry to the parcel from Avondale Blvd. The typical site maintenance visit is one time per month by the service technician. There is a 12’ wide gate opening on the west side of the parcel at Avondale Blvd. • Access to the site is via Avondale Blvd. CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile STAFF REVIEW COMMENTS 11/10/21 Administrative: 1. Request termination of B201811050. Task completed Violation Case: 1. Violation Case V292191124: Has been resolved with a Compliance Agreement, 6/28/23. Application: 1. Verify address & parcel number: APN is now 101-01-008B, Address under review at the County Narrative: 1. Include Zoning Case Z2021128, and revise date: Completed 2. Correct APN: Completed 3. Identify all Bd of Supervisor’s approved conditions from Z2001052, Identify proposed modifications to conditions with deleted language shown with strike-through and new language as bold and underlined. See the following: CONDITIONS OF APPROVAL UNDER Z2001052, AUGUST 8, 2001 On August 8, 2001, the Maricopa County Board of Supervisors approved Z2001052 for a Special Use Permit for a wireless communications facility in the C-3 zoning district for “Crown Castle Planning & Development Department Communication Tower” a. Development of the site shall comply with the site plan entitled “Cashion Wireless Communication Facility”, consisting of one full-size sheet, dated revised May 21, 2001 and stamped received May 21, 2001 except as modified by the following stipulations. b. Development of the site shall comply with the narrative report entitled “Narrative Report for Wireless Communication Lattice Tower 11328 West Buckeye Road”, consisting of 13 pages including addendum and exhibits, dated revised May 21, 2001 and stamped received May 21, 2001, except as modified by the following stipulations. c. All outdoor lighting shall comply with Section 2318 of the Maricopa County Zoning Ordinance. d. The tower and all attachments shall be limited to a maximum overall height of 300'. e. Prior to the issuance of zoning clearance for the equipment shelter, the applicant shall obtain a floodplain use permit through the Maricopa County Flood Control District. f. The access easement and parking space shall be surfaced with ABC or another form of dust proofing deemed acceptable at the time of zoning clearance. g. This Special Use Permit shall expire twenty (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 comes first. All of the site improvements, including the lattice tower, shall be removed within 60 days of such termination or expiration. At the CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile time of expiration, the applicant may submit an application for renewal of the Special Use Permit subject to County review and approval by the Board of Supervisors g. This Special Use Permit Z2021128 shall expire twenty-five (25) 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 comes first. All of the site improvements, including the lattice tower, shall be removed within 60 days of such termination or expiration. At the time of expiration, the applicant may submit an application for renewal of the Special Use Permit subject to County review and approval by the Board of Supervisors. h. Major changes to this Special Use Permit (the site plan and narrative report) 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. Planning & Development Department i. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, or the Maricopa County Flood Control District may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 4. Under Landscape, Signage and Screen Walls: add “All existing outdoor lighting meets MCZO 1112 Outdoor light Control Provisions”: Completed. CITIZEN PARTICIPATION PLAN 5. None provided: Citizen Participation Plan updated and attached hereto. 6. Within 30 days of formal application submitted, initial notification is required, including a copy of the Notification Letter. With the lengthy delay between the initial filing and the re-start, a new Notification Letter will be sent out to the required property owners. PURPOSE OF REQUEST Campbell A&Z, LLC on behalf Crown Castle respectfully requests a MODIFICATION OF SPECIAL USE PERMIT Z2001052, Condition “G” for the existing 282’ tall co-located Wireless Communications Facility Lattice Tower located at 11328 W Buckeye Road, Cashion, AZ 85323. Crown respectfully requests a 25-year term for the Special Use Permit. PROJECT BACKGROUND The existing WCF was originally entitled Z85-30 and amended under Z2001052 with subsequent Zoning cases in Z2001152, Z2002070, Z2004116. CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile CODE VIOLATION V202101124 Maricopa County Code enforcement has an open Code Violation on the subject property, unrelated to the Wireless Communication Facility(“WCF”). The Code Violation relates to a non-approved trucking operation. In an attempt to help remedy the situation, Crown Castle has been in contact with the owners’ representative. The owners’ rep stated that they have been in communication with Mr. Daley at the County Code Enforcement Department and are working through the matter. On 2/10/22, Mr. Daley informed me that the owner will need to complete a Plan of Development for their daily operations at the trucking yard. RELATIONSHIP TO SURROUNDING PARCELS The surrounding parcels, north, south, east and west are mixed use zoning. The development status of each adjacent parcel is as follows: North: APN#101-01-451 subject parcel is developed South: APN#101-20-746 subject parcel is developed. East: APN# 101-01-972E subject parcel is developed. West: APN# 500-95-487 subject parcel is developed. The existing WCF parcel is not located within a Scenic Corridor and is not located in an Airbase Overlay District. PROPERTY SETBACK DIMENSIONS FROM THE MONOPOLE: North: Approx 119’ to the PAD zoning district and HOA common area park South: Approx 113’ to the C-3 zoning district and RR tracks East: Approx’ 1,330’ to C-3 Commercial zoning West: Approx 915’ to the Avondale Blvd ROW. LOCATION AND ACCESIBILITY The existing WCF is located on a parcel that fronts to Avondale Blvd. The site is accessed from Avondale Blvd then over an existing gravel road to the site. CIRCULATION SYSTEM The WCF has the use of a dedicated 12’ wide access route from Avondale Blvd to the site. The traffic generated by the WCF is minimal, with a monthly service technician visit as standard. DEVELOPMENT SCHEDULE The WCF is existing. There are no planned modifications to the tower at this time. COMMUNITY FACILITIES & SERVICES CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile The proposed WCF will not provide any Community Services or Facilities; nor will the WCF require any Community Services or facilities during its operation. PUBLIC UTILITIES AND SERVICES The proposed WCF is an unmanned facility that will not require public water or sewer services. The WCF will obtain electrical and telephone services from the local service providers. UTILITY COMMITMENT TABLE WATER: N/A SEWER: N/A ELECTRIC: SRP TELEPHONE: Century Link CABLE: N/A REFUSE: N/A POLICE: MARICOPA COUNTY SHERRIF FIRE: RURAL METRO LANDSCAPE, SIGNAGE AND SCREEN WALLS The existing WCF lattice tower has no planned landscaping. The signage at the proposed WCF is limited to the FCC required postings, and a cell site identification/emergency contact notification sign. There will not be any commercial signage at the proposed WCF. The site will have one exterior light mounted at the doorway(s) to the equipment compound walls for the safety of the service technician. The light(s) is typically on a motion sensor and is not dusk to dawn device. All existing outdoor lighting meets MCZO 1112 Outdoor Light Control Provisions. The site has existing 8’ slatted chain link fence around the equipment compound. Submitted by Michael J. Campbell, Campbell A&Z, LLC 6880 W. Antelope Drive, Peoria, AZ 85383 602-616-8396 campbellaz1@earthlink.net On behalf of Crown Castle 2055 S Stearman Drive Chandler AZ 85285 Jim Lee, jim.lee@crowncastle.com CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile On behalf of Crown Castle, I respectfully submit this Modification of Conditions of SUP Z2001052 package for review and comment for the existing multi-carrier Wireless Communications Facility. Please contact me at 602-616-8396, or via email at campbellaz1@earthlink.net if you have any questions and/or need additional information. Sincerely, Michael J Campbell, revsd 2-10-22, 9/20/23 Michael J. Campbell Campbell A&Z, LLC CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile SPECIAL USE PERMIT SUPPLEMENTAL QUESTIONNAIRE WIRELESS COMMUNCIATIONS FACILITIES EXISTING” tall MONOPOLE WCF CROWN CASTLE IN RU-43 Residential Zoning CROWN CASTLE # 826663 6425 S Avondale Blvd., Avondale AZ 85353 Z2018036 September 30, 2021 1. What is the height of the existing WCF? 282’ 2. Provide a map showing all the existing WCF’s within 1,000’ radius for sites within Rural, Single Family Residential or Multiple Family Zoning Districts; (regardless of provider). See Attached 3. Provide a list with locations and approx height of all existing vertical structures (of a height approx equal or greater than the requested tower) with the WCF’s Search Area There are no other WCFs or verticality within 1,000’ of the Crown Castle WCF that have a height equal to or greater than the subject WCF. 4. Provide a map showing the service area the proposed WCF will serve. The existing WCF provides service on the AT&T, T-Mobile and Sprint network. 5. Explain any attempts or possibilities that have been investigated relating to co-location with another provider or existing facility. There were/are no other WCFs in the surrounding area that provide the height for the carriers. 6. Explain how this request can facilitate co-location with other users. The Crown Castle WCF has 2 carriers in place on the lattice tower 7. Will the request involve removal of mature trees or cacti? There is no planned construction activity under this SUP request for the existing Crown Castle monopole. 8. Discuss the following compatibility issues: a. Setbacks from Residential: The Crown Castle lattice tower is approx 628’ from the nearest developed residential parcel CAMPBELL A&Z, LLC 6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office 602-616-8396, mobile b. Setbacks from uses/structures on adjacent parcels: North: Approx 485’ to the RU-43 Residential zoning South: Approx 18’ to the RU-43 Residential zoning East: Approx 735’ to the RU-43 Residential zoning West: Approx 510’ to Avondale Blvd ROW. c. Setbacks from private and public streets: Approx’ from the nearest public or private street, Avondale Blvd on the west. d. Future additional appurtenances or expansion plans: None at this time. e. Color and type of tower, landscaping, and fence screening: The lattice tower is gray galvanize finish; there is no landscaping; the compound is surrounded by a slatted chain link fence.. f. Surrounding non-residential uses, if applicable: N/A 9. If a Stealth design is not planned, why: The existing Crown Castle site is a 282’ tall lattice tower that provides the best option for co-location by multiple carriers. On behalf of Crown Castle, I respectfully request submit this Modification of SUP Conditions package for review and comment for the existing co-located Wireless Communications Facility. Please contact me at 602-616-8396, or via email at campbellaz1@earthlink.net if you have any questions and/or need additional information. Sincerely, Michael J Campbell Michael J. Campbell Campbell A&Z, LLC Anh Harambasic, P.E. Planning & Development 301 W Jefferson, Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-3611 www.maricopa.gov/planning Email address: Anh.Harambasic@maricopa.g ov Maricopa County Planning & Development Department Engineering Plan Review Date: November 4, 2021 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Development Attn: Rachel Applegate, Planner, Planning & Development Services From: Anh Harambasic, P.E., Plans Examiner Engineer, Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2021128- Crown Castle Cashion 806982 – Special Use Permit Modification of Condition G Job Site Address: 11382 W. Buckeye Road. NEC of MC85 and Avondale Blvd APN(s): 101-01-008B I have reviewed the 1st submittal SUP Modification of Condition G routing date 10/22/2021. Engineering Plan Review (DPR, FCDMC, MCDOT, and STORMWATER) has no objections to the application. Condition G is the extension of the expiration date to a 25 year term. Approval of this case has no stipulations. Drainage Plan Review 1. No changes to the existing conditions are being requested. Flood Control District Review 2. The site is not located in a Special Flood Hazard Area and there are no changes to the existing conditions being requested. The Flood Control District has no comments on this application. MCDOT Review 3. No changes to the existing conditions are being requested. Adjacent land is fully developed. Stormwater Review 4. No changes to the existing conditions are being requested. Please contact me if you have any questions or require any additional information. Subdivision Infrastructure & Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-1058 Fax: (602) 506-5813 TDD 602 506 6704 Maricopa County Environmental Services Department Water and Waste Management Division DATE: November 2, 2021 TO : Daniel Johnson, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Crown Castle Modification of Condition. Z2021128 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a Crown Castle Modification of Condition at APN# 101-01-008B. Water and Sewer will not be needed. MCESD has no concerns. Based on the above, MCESD raised no objections to the Planning & Development Department in Accela: on November 2, 2021 and will allow the project to proceed at this time subject to the following stipulations Stipulations: None. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. 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 regulations in force at the time of application.