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

9. POTTERYLAND Case #: Z2022099 Supervisor District: 1 Applicant & Owner: Kathleen Brakefield , KHB Architecture Studios, PLLC / Arnold Castillo, Potteryland Request: Special Use Permit (SUP) for interim industrial storage and sales of outdoor landscaping décor in the Rural-43 zoning district Site Location: Generally located 921 feet south of the southeast corn er of Cooper Rd. and Chandler Heights Blvd. in the Chandler area Commission Recommendation: On 7/27/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2022099 subject to conditions ‘a’ – ‘m’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “ Potteryland – Special Use Permit“ , consisting of two full-size sheets, dated May 17, 2023, and stamped received June 7, 2023, except as modified by the following conditions. Staff ma y 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 sit e shall be in substantial conformance with the Narrative Report entitled “ Potteryland ”, consisting of five pages, dated May 17, 2023, and stamped received May 19, 2023, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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 construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed grading and drainage (site infrastructure) plans must be submitted with the application for Bu ilding Permits. 4. At the time of application for the building permits, the grading and drainage plans must indicate that all on-site areas flow to a retention basin including the “uncapturable” area at the southwest driveway. 5. Cooper Road will be annexed to be within the jurisdiction of the City of Chandler. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements. 6. Prior to the Drainage Review approval on the Building Permit, a Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to the issuance of any construction permits. 7. Prior to the Drainage Review approval on the building permit, a reduction factor for the material stored in Retention Basin A must be applied to the volume-provided calculations. 8. Maximum side slopes for the retention basins shall be 4:1. d. This special use permit is valid for a period of ten (10) years and s hall expire on August 9, 2033, or upon the 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 . e. Prior to occupying the existing residence or any portion thereof for any use associated with the special use permit, the applicant shall obtain a building permit to retrofit the existing residence to meet current commercial building code requirement s as applicable and shall obtain a certificate of occupancy for the retrofitted building prior to occupancy. f. Any outdoor storage shall not exceed the height of the perimeter fencing. g. Parking areas and driveways shall be surfaced with decomposed g ranite to minimize dust pollution, excluding ADA-accessible parking area(s) which shall be paved. Any surfacing shall meet Maricopa County Air Quality regulations. h. There shall be a minimum street side yard of nine (9) feet measured from Cooper Road’s ultimate 65-foot half-width right-of-way. i . The north sight-visibility triangle of the north driveway shall have a dimension of 13 feet by 25 feet and shall not occup y any area of an adjacent property. j. Solid fences more than two (2) feet in height shall be allowed in a sight-visibility triangle but must be spaced a minimum of 11 feet away from a vehicular travel lane of Cooper Rd. k. Any outdoor lighting shall be in conformance with the provisions of Section 1112 of the Zoning Ordinance and shall be placed so as to reflect light away from any adjoining rural or residential zoning district. l. Noncompliance with any Maricopa County regulation shall be grounds for initiating revocation of this special use permit as set forth in the Maricopa County Zoning Ordinance. m. 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 th is 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 no t 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-44-24-026-X-00)

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