HomeMy WebLinkAboutResolution 2018-006 Approving a conditional use permit of high small cell wireless facility MARANA RESOLUTION NO. 2018-006
RELATING TO DEVELOPMENT; APPROVING A CONDITIONAL, USE PERMIT TO
ALLOW THE DEVELOPMENT OF A NEW 45 FOOT/ 11 INCH HIGH SMALL CELL
WIRELESS FACILITY AT 7107 N. CAMINO MARTIN ROAD IN THE TOWN OF
MARANA PUBLIC RIGHT-OF-WAY, APPROXIMATELY 180 FEET NORTH OF
JEREMY PLACE ROAD
WHEREAS Mobilitie, LLC (the "Applicant") has applied to the Town of Marana
for approval of a new wireless facility at 7107 N. Camino Martin in the public right-of-
way; and
WHEREAS the development of the site will include the construction. of a new
45-foot, 11-inch high, 15-inch wide galvanized steel pole that will support an omni
antenna, a remote radio head, and a microwave, and an adjacent four-foot high painted
meter pedestal; arid.
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 7107 N. Camino Martin in 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. 'rhe Applicant shall comply with the terms of a Town of Marana
telecommunications right-of-way license.
3, 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.201.8-006
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 line,
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 55 feet in height.
K The facility, including pole and meter pedestal, shall be located outside the clear
zones
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.
1.1. The Applicant shall provide utility clearance letters from each utility in the location.
12. 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 should be consulted to determine any action
necessary to assure compliance with applicable laws and regulations.
1.3. 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,
LLC.
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Marana Resolution No.2018-006 - 2 p-
P SSLD AND ADOI7'TED by the Mayor and Council f the 'Town of Marana,
.Arizona, this 16th day of January, 2018.
Mayor Ed onea
ATTEST: A.PPI2OV AS To FORM:
f
ocelyn C Bronson, Town Clerk r kssldy, Tow ttorney
MARANA AZ
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Marana Resolution No.201.8-006 -3 -