Vote: approved

Item Text

PZ-4. RLC LABS COTTAGE INDUSTRY Case #: Z2014028 P&Z Agenda Item: 4 Supervisor District: 3 Applicant/Owner: Out of the Box Solutions for Ricky Lee & Judith Lynn Cox Request: Special Use Permit (SUP) for a Cottage Industry (Pharmaceutical warehousing, labeling and distribution), in the Rural-43 zoning district Note: A unanimous vote of the BOS is required for SUP approval in order to waive Cottage Industry standardsSite Location: West side of 44th St. south of Dynamite Blvd., in the north Phoenix area Site Size: Approx. 2.216 ac. of a 4.52 ac. site Commission recommendation: The Commission voted 6-0 to approve Z2014028 subject to conditions ‘a’ – ‘s’: a. Development of the site shall comply with the Site Plan] entitled “Special Use Permit for Cottage Industry RLC Labs., Inc.“, consisting of 2 full-size sheets, dated June 20, 2014, and stamped received June 27, 2014 except as modified by the following conditions. Maximum building sq. ft. associated with this Cottage Industry and within the SUP area is limited 12, 283 sq.ft. b. Development of the site shall be in conformance with the Narrative Report entitled “Proposed for Cottage Industry RLC Labs Inc.”, consisting of 17 pages, dated May 28, 2014, and stamped received July 3, 2014, except as modified by the following conditions. c. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. d. Wastewater service is onsite septic system. Contact Maricopa County Environmental Services Onsite Program (602-506-0372) to submit an application to re-permit the septic system for change from residential commercial use. Evidence of compliance will be due at time of 1 year status report. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. No additional freestanding lighting shall be installed within the SUP area. f. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. g. Prior to zoning clearance, the developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. h. The following Drainage Review conditions shall apply: 1. At the time of the application for building permits, drain down calculations shall be included to confirm the retention basins will drain within 36 hours. If drywells are used for drain down of the subsurface retention system, drywells shall be a Maxwell-Plus type drywell system. 2. At the time of the application for building permits, structural calculations of the retention basin wall shall be submitted for the acquisition of building permits. 3. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards, and best practices at the time of application for construction. 4. Drainage review of zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 5. Detailed Grading and Drainage Plans with a Drainage Report showing the new site improvements must be submitted for the acquisition of building permits. i. This Special Use Permit shall expire five (5) years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. j. The applicant/owner shall submit a written report outlining the status of the development at the end of one (1) year from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations. k. The applicant shall obtain Building Permit(s) to retrofit the existing buildings associated with the Special Use Permit, to meet current commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building. Evidence of compliance with this condition will be required at time of the status report. l. The maximum number of employees in addition to residents of the household, shall be limited to 10. m. Hours of operation are limited to Monday through Friday, 8:00 a.m. to 5:00 p.m. n. The maximum number of deliveries daily is limited to 2, not to exceed 10 per week. o. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. p. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). q. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. r. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. s. Business will only handle the products listed in the narrative. (C-44-15-012-M-00)