Vote: approved

Item Text

7. BENNETT AUTO Case #: Z2021075 Supervisor District: 1 Applicant & Owner: Richard Bennett Request: Special Use Permit (SUP) for Home Cottage Industry - Auto Repair Site Location: Generally located at the NWC of Empire Blvd. & 203rd Way Commission Recommendation: On 9/1/22, the Commission voted 9-0, to recommend approval of Z2021075 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled, “Bennett Automotive” consistin g of one full-size sheet dated July 28, 2022, and stamped received August 2, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major ame ndments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled, “Bennett Automotive”, consisting of five p ages, dated May 2, 2022, and stamped received August 2, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The applicant will be responsible for coordinating with the Town of Queen Cree k to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements for Empire Boulevard Avenue in conjunction with this proposed entitlement. 2. The applicant must work with the County Building Official to remedy unpermitted construction (frame garage) on the site to bring it into compliance within six (6) months of any (zone change) approval. 3. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinanc e; 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. d. The following SUP standards shall a pply: 1. Min. Front Yard – 12’ 2. Min. Lot Area – 39,559 sq. ft. 3. Pavement – Pavement permitted to be compacted and rolled decomposed granite with a dust control plan approved by Maricopa County Air Quality Control except for ADA parking All other development standards per Rural 43 zoning shall apply. e. All outdoor lighting shall be shielded and directed downward and otherwise in accordance with Section 1112 of the Maricopa County Zoning Ordinance. f. The special use permit is valid for a p eriod of 5 years and shall expire 5 years from the date of BOS approval or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. g. 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. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the l andowner. 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 th e 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 su ch 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 a s if the Special Use Permit had never been granted. (C-44-23-079-X-00)

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