Vote — approved

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

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

Item Text

10. 6439 W. FREMONT RD. Case #: Z2024009 Supervisor District: 5 Applicant & Owner: Cassandra Ayres - Berry-Riddell LLC / Marisol Oliveros Request: Special Use Permit (SUP) for Cottage Industry – commercial vehicle storage – in the Rural-43 zoning district Site Location: Generally located approx. 428’ southwest of the SWC of 64th Ave. and Fremont Rd. in the Laveen area Commission Recommendation: On 11/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2024009 subject to conditions ‘a’ – ‘m’: a. Development of the site except for residential uses shall be in substantial conformance with the site plan entitled “SUP for Home Cottage Industry – Commercial Vehicle Storage“, consisting of 1 sheet, stamped received October 9, 2024 except as modified by the following conditions and except that a revised site plan shall be submitted within 90 days of Board approval that further addresses all application packet technical requirements. 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 related to the Home Cottage Industry shall be in substantial conformance with the narrative report entitled “6439 W Fremont Rd”, consisting of 6 pages, dated October 9, 2024, and stamped received October 9, 2024, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. Engineering review of Planning entitlement cases is conceptual in nature. Any development and drainage design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and best practices at the time of application for construction. d. The following SUP standards shall apply: 1. Min. Lot Area – 43,230 sq. ft. 2. Min. Screening – Minimum 6’ and maximum 8’ solid masonry wall shall be provided, except that an opaque fence may be provided along the boundary where a 10’ easement for equestrian, irrigation and public utilities is present so long as the fence screens all vehicles being stored from adjacent property owners 3. Sight Visibility Triangles –SVTs waived along property ingress/egress 4. Pavement - Concrete and/or rolled and compacted decomposed granite required for driveways, access points, and parking with a Dust Control Plan approved by Maricopa County Air Quality Control e. Unless passenger vehicles, no more than six (6) parking spaces associated with the business shall be occupied. Vehicles associated with the business shall park in spaces as designated on the site plan. f. No semi-trucks shall be permitted to be stored or to enter the property. g. There shall be no idling of vehicles on the property. h. Vehicles associated with the business shall enter and exit the property no more than twice per day. i. All outdoor lighting shall be in accordance with Section 1112 of the Maricopa County Zoning Ordinance. j. The SUP is valid for a period of 10 years and shall expire 10 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 solely with the special use permit shall be removed within 90 days of such expiration or termination of use. k. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this SUP as set forth in the Maricopa County Zoning Ordinance. l. 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. 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 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 SUP, 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 SUP, 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 SUP. The SUP enhances the value of the property above its value as of the date the SUP is granted and reverting to the prior zoning results in the same value of the property as if the SUP had never been granted. (C-44-25-052-X-00)

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