Vote: approved

Item Text

PZ-3. UNDER PRESSURE PLUMBING Case #: Z2015029 Supervisor District: 1 Applicant & Owner: Pew & Lake, PLC / Poulsen Family Trust Request: Special Use Permit (SUP) for an interim industrial use in the R-4 zoning district Site Location: Generally located on the NWC of Power Rd. and Sunnydale Dr. Site Size: Approximately 1.21 acres Commission Recommendation: On 3/10/16, the Commission voted 7-0 to recommend approval of Z2015029 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in conformance with the Site Plan entitled, “Under Pressure Plumbing”, consisting of one (1) full-size sheet, stamped received January 15, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “A Special Use Permit Application For Under Pressure Plumbing”, consisting of six (6) pages stamped received January 15, 2016, except as modified by the following conditions. c. This Special Use Permit shall expire ten (10) years from the date of approval by the Board of Supervisors, inactivity of the use for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. d. The applicant/owner shall submit a written report outlining the status of the development at the end of five (5) years 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 conditions. e. The applicant shall apply for building permits for all existing structures. The owner shall receive final inspections on all existing structures from Planning and Development within one year from Board of Supervisors approval of Z2015029. f. The following MCDOT condition shall apply: 1. The applicant shall provide a total half-width right-of-way of 40 feet for Power Road. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the applicant shall provide the County an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any other requirements as set forth in the “MCDOT Right-of-Way Dedications Reference Guide.” Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the applicant. Right-of-Way dedication shall occur prior to zoning clearance. g. The following MCESD condition shall apply: 1. Contact the MCESD Onsite Program to submit an application to re-permit the septic system for change from residential to commercial. h. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. i. Non-compliance with the Special Use Permit (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. j. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. k. 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 allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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 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. (C-44-16-053-M-00)