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HomeMy WebLinkAboutResolution 2017-080 Approving a Conditional Use Permit MARANA RESOLUTION NO, 2017-080 RELATING TO DEVELOPMENT; APPROVING A CONDITIONAL 'USE PERMIr F TO ALLOW THE DEVELOPMENT OF A NEW WIRELESS COMMUNICATION FACILITY A'-I-' MAI�ANA HERITAGE RIVER PARK, 12375 NORTH HERITAGE PARK DRIVE WHEREAS Verizon (the "Applicant") has applied- to the Town of Marana for approval of a new wireless communications -facility at Marana Heritage River Park; and WHEREAS the subject site is a lease area consisting of 704 square feet of rrown-owned property at Marana Heritage River Park, and is zoned 'A'- Small Lot Zone; and WHEREAS the development of the site will include the construction of a new 52-foot tall antenna camouflaged as a water tank tower 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 July 26, 2017, and voted 5-0 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 THE TOWN OF MAIC NA, that the conditional use permit to allow the development of a new wireless communication facility at Marana Heritage River 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 current at the time of development including, but not limited to, Title 23 of the Marana Land Development Code and Marana Resolution 2017-015 (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 Communication Commission (FCC) and the Federal Aviation Administration (FAA) 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. 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 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 Marana RCSOILItion No.2017-080 should be consLiltcd to determine any action necessary to assure con-iplicInce with applicable laws and regulations. 5. The applicant shall maintain and keep the paint of the faux water tank tower structure clean, intact and legible in a condition acceptable to the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of August, 2017. Mayor fd onea­ ATTEST: APPROVE AS To FORM: �l ,lccelynC: ronson, rI}own Clerk ra Ca dy, Town At rney MARANA AZ F STA BL1,1514 F,D 1977 Marana Resolution No.20I7-080