Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

6.SUPERIOR TANKS Case #: Z2021076 Supervisor District: 5 Applicant & Owners: Weston Michael, Superior Tank & Fabrication / Weston & Cindy Michael Request: A Special Use Permit (SUP) for a cottage industry to accommodate the manufacture of water tanks for water carrying vehicles in the Rural-43 zoning district Site Location: A ¼ mile north of the northwest corner of El Mirage Rd. and Southern Ave. in the Avondale area Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend a

Item Text

6. SUPERIOR TANKS Case #: Z2021076 Supervisor District: 5 Applicant & Owners: Weston Michael, Superior Tank & Fabrication / Weston & Cindy Michael Request: A Special Use Permit (SUP) for a cottage industry to accommodate the manufacture of water tanks for water carrying vehicles in the Rural-43 zoning district Site Location: A ¼ mile north of the northwest corner of El Mirage Rd. and Southern Ave. in the Avondale area Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend approval of Z2021076 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Special Use Permit Request for Superior Tank and Fabrication“, consisting of two full-size sheets, dated March 21, 2022, and stamped received March 22, 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 amendments 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 “Superior Tank and Fabrication”, consisting of four pages, dated March 13, 2022, and stamped received March 22, 2022, except as modified by the following conditions. c. The following Planning Engineering comments shall apply: 1. The regulatory flood elevation for new structures shall be two feet above the base flood elevation for building and floodplain use permitting purposes. 2. New fencing within the floodplain shall be designed such that it will not result in an adverse drainage or flood impact to the site or surrounding properties. 3. Retention basins must drain within 36 hours. 4. The owner shall dedicate right-of-way along the site’s El Mirage Rd. frontage to provide a total half-width of 65 feet prior to issuance of any building permits; or within six months of SUP approval, whichever occurs first. 5. Detailed Grading and Drainage (Site Development) Plans indicating that the site will drain to the retention basin(s) must be submitted with the application for Building Permits. 6. Engineering review of planning and/or zoning cases is for conceptual design only. 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; and issuance of construction permits. d. The two temporary shade structures must be removed or permitted within 12 months. A status report must be submitted in 12 months showing that the shade structures have been removed or permitted on the site. e. The site shall use an alternative surface material on driveways, parking areas, and loading/unloading areas to address dust pollution in place of paved surfaces, except for any ADA accessible parking space(s). f. This special use permit is valid for a period of ten years and shall expire on October 19, 2032, 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 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-44-23-107-X-00)

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