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    1.    
BOARD OF SUPERVISORS AGENDA-2018
Meeting Date: 07/03/2018  
Submitted For: Tammy DeWitt
Department: Development Services  

Action Requested
Development Services - Approve a Wireless Use Permit to allow for the construction and operation of a new 150’ monopole cellular tower with an equipment compound on an approximate 3.6 acre parcel in an RCU-2A (Residential; Rural; 2 acre lot size) zoning district. The applicant is also requesting a waiver of solid screening, a waiver from setbacks with a proof of collapse, and a waiver of new wireless facilities being built within 1,500 ft. of residences, subject to the recommended stipulations. Markin Allen Investments LLC; Neal Talaske, Pinnacle Consulting Inc.; APN: 100-01-008C; HA# H18001. The subject parcel is located on the north side of N Skyline Drive off of Iron Springs Road west of the City of Prescott. S22 T14N R03W G&SRB&M  (District 1 - Supervisor Simmons)
Chairman Simmons recused himself from the vote due to a conflict of interest. Approved by a 4-0 vote.
Brief Explanation of Need

On March 8, 2018, the Planning and Zoning Commission recommended approval of the Use Permit, HA#18001, with the stipulations as presented.

1. Wireless Use Permit shall be approved to allow the construction and operation of a 150’ cellular tower and leased area with support equipment on a 10 year basis, with staff review after 5 years and staff notification prior to transfer of ownership.
2. Property to be developed in conformance with the site plan dated January 23, 2018, submitted with the Use Permit application and in accordance with all applicable codes, regulations and ordinance requirements.
3. The maximum height of the tower, including base, platform and antennae, not to exceed 150’ above grade level.
4. Waiver of screening requirements to allow for a chain link fence.
5. Applicant to provide staff with a fully executed lease agreement from the property owner with building permit submittal.
6. Certificate of Compliance within 2 years of Board of Supervisor’s approval.
7. In the event the owner of the subject property files a claim under ARS Section 12-1134 regarding this Use Permit, this Use Permit shall be null and void.
The motion to recommend approval passed 6 to 1, with Commissioner Famas voting in opposition.


On April 4, 2018, staff asked the Board members to defer the hearing application back to the Planning and Zoning Commission in order to re-advertise the application with all the requested waivers. It was brought to Staff’s attention at the Board meeting that there were requirements in the Wireless Ordinance that need to be waived as part of the application and was not included.

1. On June 21, 2018, the Planning and Zoning Commission recommended approval of the Use Permit, HA#18001, with the stipulations as presented with the addition of stipulation #8 to address the waiver requests. Wireless Use Permit shall be approved to allow the construction and operation of a 150’ cellular tower and leased area with support equipment on a 10 year basis, with staff review after 5 years and staff notification prior to transfer of ownership.
2. Property to be developed in conformance with the site plan dated January 23, 2018, submitted with the Use Permit application and in accordance with all applicable codes, regulations and ordinance requirements.
3. The maximum height of the tower, including base, platform and antennae, not to exceed 150’ above grade level.
4. Waiver of screening requirements to allow for a chain link fence.
5. Applicant to provide staff with a fully executed lease agreement from the property owner with building permit submittal.
6. Certificate of Compliance within 2 years of Board of Supervisor’s approval.
7. In the event the owner of the subject property files a claim under ARS Section 12-1134 regarding this Use Permit, this Use Permit shall be null and void.
8. A waiver from setbacks with a proof of collapse and a waiver of new wireless facilities being built within 1,500 ft. of residences.
The motion to recommend approval passed 6 to 2, with Commissioners Famas and Ellegood voting in opposition.

Presenter
Tammy DeWitt, Senior Planner
Source of Revenue
N/A
Have Notice/Publication Requirements Been Met
Yes. Published in the June 1, 2018 edition of the Verde Independent and posted as required.
Contract or Agreement
N/A
Legal Approval Notes
N/A

Fiscal Impact
Attachments
Draft Minutes
Staff Report
LOI
Area Map
Citizen Participation
Zoning Map
March 8, 2018 P&Z Minutes
Memo to P&Z
Property Imagery
Area Imagery
Renderings
RF Maps
Waiver Request
Support
Opposition
Other Opposition
Highland Pines Opposition
Site Plan

  
Legal Approval: No- Elected Official/Director has reviewed the attached agreement/contract
and determined legal review is not a requirement, or not applicable

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