Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

8.1017 WEST HAPPY VALLEY ROAD Case #: Z2020018 Supervisor District: 3 Applicant / Owner: Lindsay C. Schube, Gammage & Burnham, PLC / 45 Lamar LLC Request: Special Use Permit (SUP) for an Interim Industrial Use (outdoor storage) in the Rural-43 Zoning District Site Location: Generally located at the southeast corner of Happy Valley Rd. and 11th Ave. alignment in the Phoenix area Commission Recommendation: On 9/10/20, the Commission voted 6-0 to recommend approval of Z2020018 subject to conditions

Item Text

8. 1017 WEST HAPPY VALLEY ROAD Case #: Z2020018 Supervisor District: 3 Applicant / Owner: Lindsay C. Schube, Gammage & Burnham, PLC / 45 Lamar LLC Request: Special Use Permit (SUP) for an Interim Industrial Use (outdoor storage) in the Rural-43 Zoning District Site Location: Generally located at the southeast corner of Happy Valley Rd. and 11th Ave. alignment in the Phoenix area Comm ission Recommendation: On 9/10/20, the Commission voted 6-0 to recommend approval of Z2020018 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Precise Plan for 45 Lamar L.L.C.”, consisting of 1 full-size sheet, dated stamped received August 27, 2020, except as modified by the following conditions. Within 30 days of BOS approval, a revised site plan shall be submitted to staff showing 1 paved handicap parking spot. b. Developme nt of the site shall be in substantial conformance with the Narrative Report entitled “1017 West Happy Valley Road Special Use Permit Narrative”, consisting of 6 pages, dated stamped received August 28, 2020 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Engineering review of planning and/or 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 Drainage Policies and Standards; Floodplain Regulations for Maricopa County ; and the MCDOT Roadway Design Manual. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. d. This special use permit shall expire on October 7, 2030, or upon termination of the use for a period of 120 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 120 days of such expirati on or termination of use. e. The following SUP development standards and requirements shall apply: 1. Pavement for Parking Spaces and Internal Driveways – may be waived with acceptance of dust control plan by Maricopa County Air Quality Control except for ADA parking. 2. The east 25-feet of the 11th Avenue alignment, from the south Happy Valley Road right-of-way line to the south boundary line of the SUP, shall be dust proofed with decomposed granite, asphalt milling, or other similar dust proof material in a manner that is compliant with Maricopa County Air Quality Department regulations regarding dust control 3. Screening: 6’ (h) chain link fencing, should the adjacent parcel to the east of the subject site be developed with a reside ntial use then slating material shall be added to the chain link fencing along the eastern property line. 4. Setbacks: 8’ front (west), 5’ side-yard (south), 0’ side-yard (north), and 5’ rear (east) f. Noncompliance with any Maricopa County Regulat ion shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind appro val due to noncompliance with conditions. h. 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 tho se 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-44-21-082-X-00)

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