Vote — approved

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

Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo

Item Text

7. SPRAGUE PROPERTY SUP Case #: Z2021132 Supervisor District: 3 Applicant & Owner: John Sprague Request: Special Use Permit (SUP) for Interim Industrial – Light Truck Repair & Storage Site Location: Generally located 0.64 miles south of the SWC of I-17 & New River Rd in the New River area Commission Recommendation: On 3/9/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2021132 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Sprague Site Plan Special Use Permit Z2021132 For Light Trucks and Storage “, consisting of 1 full-size sheet, dated 12/22/2022, and stamped received 01/04/2023, 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 “Special Use Permit Sprague Property”, consisting of nine (9) pages, with revision date 12/19/2022, and stamped received 01/04/2023, except as modified by the following conditions. c. Development of the site shall be in general conformance with the Landscape Plan entitled “Landscape Plan Sprague Property”, consisting of one (1) page, dated 12/19/2022, and stamped received 01/04/2023, except as modified by the following conditions. d. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. e. 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. f. The following Engineering conditions apply: 1. Prior to any issuance of any permits for construction/grading on the site, the Owner/Applicant must apply for and obtain a Drainage Waiver to allow for a reduced storm water retention volume for the site. The minimum retention shall be the grater of the pre vs post or first flush volume of runoff. 2. Prior to issuance of building permits, the owner/applicant must provide an erosion setback analysis conforming to ADWR State Standards (SSA 5-96) or Section 11.9 of the FCDMC Design Manual – Volume 2. 3. Detailed grading and drainage plans must be submitted with building permit application(s). 4. Engineering review of planning cases such as this is conceptual in nature. 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. 5. ADOT reserves the right to review any future plans, additions and/or changes to this development in regards to any impact they may have on the State Highway System. 6. ADOT would like to remind the developer there is ADOT Right of Way in the area and they must not encroach upon it without a permit. No work shall begin on ADOT right of way until said permit is obtained. 7. ADOT would like to review any impacts that may arise regarding ADOT facilities such as utility tie ins, drainage, fencing along right of way, traffic control if necessary, or landscape encroachment within ADOT R/W during construction, along with any other potential impact items. See Permit Encroachment Process Links. Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits Permit General Mailbox is: Phoenixpermits@azdot.gov Permit Sign Process Link - https://azdot.gov/business/permits/outdoor-advertising-sign-permits g. This special use permit is valid for a period of ten (10) years and shall expire on April 12, 2033, 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. h. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. i . 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. j. 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-44-23-232-X-00)

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