HomeMy WebLinkAboutResolution 2018-005 Approving conditional use permit of small cell wireless MARANA RESOLUTION NO. 2018-005
RELATING TO DEVELOPMENT; APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE DEVELOPMENT OF A NEW 50 FOOT HIGH SMALL CELL WIRELESS
FACILITY AT 3964 W. INA ROAD IN THE TOWN OF MARANA PUBLIC RIGHT-OF-
WAY, APPROXIMATELY 1,000 FEET WEST OF THORNYDALE ROAD ON THE
NORTH SIDE OF INA ROAD
WHEREAS Mobilitie, LLC (the ".Applicant,") has applied to -the Town of Marana
for approval of a new wireless facility at 3964 W. Ina Road in the public right-of-way;
and
WHEREAS the development of the site will include the construction of a new
50-foot high, 15-inch wide galvanized steel pole that will support an ornni antern-la, a
remote radio head, and a microwave, and an adjacent four-foot high painted meter
pedestal; and
WHEREAS the Marana Planning Commission considered the request for
approval of the conditional use permit on December 20, 2017, 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
THE TOWN OF MARANA, that the conditional use permit to allow the development of
a new wireless facility at 3964 W. Ina Road ft-i the public right-of-way 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.
2. The Applicant shall comply with the terms of a Town of Marana
telecommunications right-of-way license.
1 'The Applicant or a designated representative shall obtain all required building
permits prior to development of the wireless communication facility,
4. 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
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Marana Resolution No.201.8-005
applicable regulations administered by those agencies or that the tower is exempt
from those regulations, prior to approval of the Town of Marana building permit to
construct this site.
5. The Applicant shall submit written documentation demonstrating that the NIER
(radio frequency) emissions from the proposed site are within the limits set by the
FCC.
6. The wireless facilities shall have a setback of at least two feet from any property lute,
provided that the foundation required for the pole is located entirely within the
right-of--way.
7. The height of the wireless facility shall not exceed the height limitation for the
nearest abutting zone district,which is 50 feet in height.
K The facility, including pole and meter pedestal, shall be located outside the clear
.zone.
9. The Applicant shall provide a Field Survey sealed by a Registered Land Surveyor.
10. The Applicant shall provide a Sub--Surface Elevation (SUE) to determine the location
of underground utilities.
11. The Applicant shall provide utility clearance letters from each utility in the location.
12. The .Applicant shall coordinate construction of the wireless facility with the Town's
CIP Department to ensure that the facility is not sited in the location of sidewalk to
be installed. per Town Capital Improvement Project (Project #ST058 - The Ina Load
Pavement Deconstruction Project)
1.3. 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 dean
Water Act. Appropriate experts should be consulted to determine any action
necessary to assure compliance with applicable laws and regulations.
14. The Applicant shall submit a letter authorizing the person submitting the
application to apply for the CUP as an agent of Mobilitie, LLC. The letter of
authorization must be signed by a person authorized to bind. Mobilitie, LLC and
must identify the Mobilitie, LLC instrument that grants that authorization. Each
subsequent instrument, including the telecommunication license agreement and site
permit for each site, must also be signed by a person authorized to bind Mobilitie,
LLQ:.
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Marana Resolution No.2018-005 - 2-
PASSED AND ADOPTED by the Mayor and Council f the Town of Marana,
Arizona, this 16th day of January, 2018.
Mayor Ed onea
J
ATTEST: APPROV AS�O FORM:
�celyn Bronson, Town Cert Fr nk Ca s' y, own.At rney
ONE-0-
MAANA AZ
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Maarana Resolution No.2018-005 -3 -