Approve Special Use Permit for a Wireless Communication Facility (WCF) on an approximately 1.5-acre property zoned Planned Area Development (PAD) located west of the southwest corner of Old Litchfield and Indian School Roads.

1. Conduct a public hearing to consider a request for a Wireless Communication Facility (WCF) on an approximately 1.5-acre property zoned Planned Area Development (PAD) located west of the southwest corner of Old Litchfield and Indian School Roads.
2. Approve the request for a Special Use Permit for a Wireless Communication Facility (WCF) on an approximately 1.5-acre property zoned Planned Area Development (PAD) located west of the southwest corner of Old Litchfield and Indian School Roads, subject to stipulations. (Christian M. Williams, Planner)

1. The development and use of the site for a Wireless Communication Facility shall be in substantial conformance with the project narrative and preliminary development plans submitted with the Special Use Permit application, except as modified by these stipulations.
2. The Wireless Communication Facility tower shall consist of a Broadleaf design with a maximum height of 65 feet with an allowance of 10 additional feet of height to conceal the pole and tower with a Broadleaf design.
3. Additional antennae related to operation of Wireless Communication Facility will be permitted without modification of this Special Use Permit provided any new antennae utilize a design that is the minimum necessary to accomplish its intended purpose and include concealment elements to maintain the clean appearance of the Broadleaf, as determined by the Development Services Director or designee.
4. No Signage is approved as part of this use permit.
5. The pole setback shall be a minimum of seven (7) feet on the west and 13 feet on the south.
6. The ground equipment at the base of the proposed Broadleaf tree will be enclosed/screened by a new masonry wall to the North and North-East. The new equipment compound masonry wall will match the existing perimeter wall.
7. The sliding gates shall be screened in an architecturally designed manner which shields the interior storage from the public view.  PVC, vinyl, or similar slats inserted into a gate does not constitute architecturally designed manner.
8. The development and operation of the wireless communication facility shall be in conformance with all applicable health, nuisance, fire and safety codes. If upon inspection, the city determines that the facility fails to comply with such applicable codes, then the facility operator and/or owner shall have 30 days to bring the facility into compliance. Failure to bring the facility into compliance within 30 days shall constitute grounds for the removal of the facility at the operator and/or owners’ expense.

Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the city. The development is responsible for construction of all infrastructure necessary to serve the site and will generate one-time revenue for the city through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.

The subject property is located west of the southeast corner of Old Litchfield and Indian School Roads. The current zoning of the property is Palm Valley Planned Area Development (PAD) Mixed-Use Commercial – which is equivalent to the city of Goodyear’s C-2 (General Commercial) zoning district. The property was zoned in 1991 with the approval of Ordinance Number 91-324 on January 21, 1991 by the City Council. The General Commercial (C-2) land use designation establishes Wireless Communication Facilities (WCF) as a use that requires approval of a Special Use Permit.

Current Policy:
A Special use Permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process.

Details of the Request:
The applicant intends to develop a portion of a mostly paved area, in the southwest corner of the existing Wilhelm Automotive business into wireless communication facility and has submitted an application for a Special Use Permit.
The Wilhelm Automotive property, where the Wireless Communications Facility is to be located is approximately 1.5 acres in total. The pole and equipment yard will be located in the far southwest corner of the property a minimum of seven (7) feet east of the western existing wall and a minimum of 13 feet north of the southernmost existing wall. The site will be accessed utilize existing driveways off of Indian School Road. While this does not meet the typical Wireless Communications Facility setback in Zoning Ordinance Section 4-2-4-C-4 (a distance equal to the height of the pole – 65 feet), staff worked with the applicant and asked them to move the pole to the far southwest corner of the site so the pole is not located in the middle of the property adjacent to an existing building, is further from public view and provides further flexibility to the Wilhelm Automotive shop in the event a future business decides to locate at this location. No adjacent property owners have reached out in opposition (via email, phone call or inquiry) to the city.
The facility proposes a new masonry wall to the north and northeast in order to enclose and screen the new ground mounted equipment. The pole will extend vertically approximately 65 feet and will be screened to appear as a Broadleaf Tree.
Conceptual elevations included with the Special Use Permit application convey the design intended for the pole and wall. The proposed pole height is 65 feet, not counting the Broadleaf tree screening, an additional 10 feet of height shall be permitted to allow the Broadleaf tree to property screen the wireless communication facility pole.

Evaluation Criteria:
The Zoning Ordinance, Section 1-3-4 (Special Use Permits), provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following findings prior to granting a use permit:

1. The proposed special use will be desirable or necessary to the public convenience or welfare.

The new wireless communications facility will provide residents, visitors and businesses with improved high quality reliable wireless service for both personal & business, in addition to enhancing emergency services.

2. The proposed special use will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.

The facility is being proposed on the far southwest corner of the site to keep it as far away from residential uses as possible. The tower will be concealed in a broadleaf tree in order to match the character of trees found in this general area of the city.

The land uses and zoning of the surrounding properties include the following:
· North: Indian School Road and city of Litchfield Park, linear park and single-family residential.
· East: Roosevelt Irrigation District Canal, Goodyear Community Park and city of Avondale single-family residential.
· South: Roosevelt Irrigation District Canal, Goodyear Community Park.
· West: Vacant land and an Arizona Public Services (APS) electrical facility.

3. The proposed special use is in conformance with the adopted General Plan and any adopted Area Plans.

Both the General Plan and current zoning designation of the property provide for the construction of wireless communications facilities with the approval of a Special Use Permit.

4. The proposed special use will not be detrimental to surrounding properties or persons in the area due to; impact on the circulation system of the adjacent neighborhood; excessive noise or light generated from within the site; excessive scale or height in relationship to surrounding properties; hours of operation; inadequate parcel size to provide adequate buffers or mitigation measures to surrounding properties; inconsistency with the development character or architecture of the adjacent properties.

T-Mobile is proposing a new Stealth WCF in the form of a Broadleaf Tree that will be located in the southwest corner of the subject property. The ground equipment at the base of the proposed Tree will be enclosed/screened by a new masonry wall to the North and North-East as depicted on the North Elevation View. The new equipment compound masonry wall will match the existing perimeter wall.
The proposed Broadleaf Tree will be setback the maximum from Indian School Road and will have a number of existing mature trees in close proximity to the South in The Goodyear Community Park, which will greatly reduce the visual impact of the proposed site.

The proposed WCF is designed/engineered to accommodate multiple carriers, but all equipment depicted on the current submittal drawings will be for T-Mobile only.

Luke Air Force Base:
The subject property is located within the vicinity of a military airport. Given the location of the property and the commercial nature of the proposed Special Use Permit, base operations will not be adversely impacted by this development.

Phoenix-Goodyear Airport:
The subject property is not located within the Phoenix Goodyear Traffic Pattern Airspace. Additionally, given the commercial nature of the proposed Special Use Permit, airport operations will not be adversely impacted by this development.

5. Demands for public services that will be generated by the uses permitted in the proposed zoning district.

Fire Response:
Emergency response times and distances are provided below:
 

Nearest Goodyear Fire Station	Shortest path		Longest path		2nd Nearest Goodyear Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles		Mins	Miles	Mins	Miles
Fire Station #183	1.13	.57	1.13	.57	Fire Station #185	6.44	3.22	6.44	3.22

Police Response:
The property development is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property.

Solid Waste:
Solid waste service will be provided by a private company as bulk trash containers will be utilized.

Streets/Transportation:
The subject property will have access to Indian School Road via an existing driveway.

Water/Wastewater:
The subject property will be served by private water and wastewater utilities.

6. General public concerns.

Public Comment and Planning and Zoning Commission Meeting:
An alternative citizen review process was conducted for this proposal due to the city of Goodyear Emergency Declaration in Response to Coronavirus and notice of the application was provided to property owners within 500 feet of the property at least 35 calendar days prior to public hearing to provide ample opportunity for input prior to noticing the public hearing itself. To date, no objections or inquiries were received as a result of this notification. 

A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on June 9, 2021 appeared in the Arizona Republic May 25, 2021; postcards were mailed to adjoining owners on May 18, 2021; and a sign was posted on the site on May 19, 2021.

A public hearing was held before the Planning and Zoning Commission on June 9, 2021 to consider recommending approval of the Special Use Permit and the Commission voted (6-0) to recommend approval of the proposed Special Use Permit, subject to stipulations.