HomeMy WebLinkAboutResolution 2016-029 Approving Conditional Use Permit for Communication FacilityMARANA RESOLUTION NO, 2016 -029
RELATING r:l "O DEVELOPMENT; APPROVING- A CONDITIONAL USE PERMIT TO
ALLOW THE DEVELOPMENT OF A NEW WIRELESS COMMUNICATION FACILITY AT
CONTINENTAL RESERVE PARK., 8568 NORTH CONTINENTAL RESERVE LOOP
WHEREAS T- Mobile (the "Applicant ") has applied to the Town of Marana for approval
of a new wireless communication facility at Continental Reserve Park; and
WHEREAS, the subject site is a lease area consisting of 256 square feet of Town -owned
property at Continental Deserve Park, and is zoned `F'- Pima Farms Specific Plan; and
WHEREAS, the development of the site will include the construction of a new 70 -foot
tall antenna tower camouflaged as a palm tree (monopalm) as well as a block enclosure to
contain the associated ground - mounted equipment cabinets and related appurtenances; and
WHEREAS the Marana Planning Commission considered the request for approval of the
conditional use permit on February 24, 2016, and voted 7 -0 to approve, and to recommend that
the Mayor and Council approve, the conditional use permit; and
WHEREAS the Mayor and Council find that the best interests of Marana and its residents
are served by approval of the conditional use permit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TIII
TOWN OF MARANA, that the conditional use permit to allow the development of a new
wireless communication facility at Continental Reserve Park is hereby approved subject to the
following conditions:
1. The Applicant shall comply with all applicable provisions of the Town of Marana codes and
ordinances including, but not limited to, Title 23 of the Marana Land Development Code and
Marana Resolution No. 2015-095 (Option and Wireless Communications Facility Lease
Agreement).
2. The .Applicant shall obtain all required building permits prior to development of the wireless
communication facility.
3. The Applicant shall submit a written statement from the Federal Communications
Commission and the Federal Aviation Administration that the proposed tower and its
communications use by the Applicant complies with applicable regulations administered by
those agencies or that the tower is exempt from those regulations.
4. The Applicant shall plant two live palm trees, similar in appearance to the `monopalm',
adjacent to the lease area. The Applicant shall construct the necessary irrigation
infrastructure, under the supervision of the Marana Parks and Recreation Department, to
provide permanent irrigation to the trees. The Applicant shall provide the town with written
cez fication from a qualified arborist (or equivalent professional) that the trees are in good
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health and condition when planted, and shall provide a one -year guarantee for survival of the
trees. The cost associated with the replacement of the trees, if necessary, shall be borne by
the Applicant if one (or both) of the trees does not survive within the first 12 months. The
Town will assume responsibility for replacement or removal, at its discretion, after the first
12 months. The Town will assume responsibility for watering and maintenance of the trees
once the final building inspection for the facility has been approved.
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 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 consulted to determine any action necessary to assure compliance with applicable laws
and regulations.
PASSED AND ADOPTED by the Mayor and Council of the To n of Marana, Arizona,
this 15"' day of March, 2016. r
Mayor Ed Honea
ATTEST:
celyn C. ronson, Town Clerk
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Marana Resolution No. 2016-029 -2- 319120 1 4:48 PM BVIFC