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HomeMy WebLinkAboutResolution 2008-140 conditional use permit for a new wireless communication facility at 5541 w. linda vista blvdMARANA RESOLUTION N0.2008-140 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A NEW WIRELESS COMMUNICATION FACILITY AT 5541 W. LINDA VISTA BOULEVARD WHEREAS, Crown Communication has applied to the Town of Marana for approval to develop a new wireless communication facility at 5541 W. Linda Vista Boulevard, generally located on the south side of Linda Vista Boulevard approximately 980 feet west of Hartman Lane; and WHEREAS, the subject property is the site of an existing Town of Marana water reservoir and pump station, and is currently zoned as "MR-1" (Multi-Family -High Density); and WHEREAS, the development of the site will include the construction of a new fifty-five (55) foot antenna tower as well as a block enclosure to contain the associated ground-mounted equipment cabinets; and WHEREAS, the Marana Planning Commission considered the request to approve the conditional use permit on September 24, 2008, and voted 4-2 to recommend that the Mayor and Town Council approve the conditional use permit; and WHEREAS, the Marana Mayor and Town Council had heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held October 21, 2008, and after two failed motions to approve, voted unanimously to continue the conditional use permit request to the November 18, 2008 meeting; and WHEREAS, the Marana Mayor and Town Council has heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held November 18, 2008, and has determined that the conditional use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Marana, Arizona that the request filed by Crown Communications for a conditional use permit to allow for the development of a new wireless communication facility to be located- at 5541 W. Linda Vista Boulevard is hereby approved subject to the following conditions: 1. Compliance with all applicable provisions of the Town of Marana Codes and Ordinances including, but not limited to, Title 23 of the Land Development Code, that are current at the time of development. 2. The tower shall be limited to a maximum height of Fifty-Five (55) feet above surface grade. 3. The applicant or designated representative must obtain site plan approval from the Town of Marana Planning Department and must obtain all required permits prior to development of the wireless communication facility. 4. The developer will be required to plant a minimum of two (2) live palm trees at an approximate height of 45 feet, similar in appearance to the simulated tree, in order to add realistic context to the site. The trees must be provided with permanent irrigation and be maintained as long as the site is operational. 5. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations including, but not limited to, the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate Federal and State agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of November, 2008. ATTEST: APPRO~D AS 'T~ FORM: Jocelyn .Bronson, Town Clerk ~' F~nk Cass~[y, Town Atto~ 1"i f ' ,f; ~~® OF N e®y~~~o~mrrr „~ f~~~ORPOli~ oc~o ®`~ ~ :r ~P~,/®,99~~ e 1 ®Ii®o'se