Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	absent

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko Absent: Steve Gallardo

Item Text

16. 1017 HAPPY VALLEY RD Case #: SU250018 Supervisor District: 3 Applicant / Owner: Lindsay Schube & Michelle Santoro / Park View Lane 5, LLC Request: Special Use Permit (SUP) modification of conditions for an interim outdoor industrial storage use in the Rural-43 zoning district Site Location: Generally located at the SEC of Happy Valley Rd & 11th Ave in the north Phoenix area Commission Recommendation: On 6/12/25, the Commission voted 6-0 (motion by Commissioner Milhaven D2, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve SU250018 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Precise Plan for 45 Lamar L.L.C.”, consisting of 1 full-size sheet, dated stamped received August 27, 2020, except as modified by the following conditions. Prior to any commercial construction permit, a revised site plan shall be submitted to staff showing one handicap accessible parking spot. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “1017 West Happy Valley Road Special Use Permit Modification of Conditions Narrative”, consisting of 6 pages, and stamped received May 6, 2025, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The proposed improvements cover multi parcels. Either combined into one parcel or drainage easements will be required to route water to retention basins on the adjacent parcels or provide individual retention basins for each parcel. Another option: Prior to the issuance of building permits for this project, the owner shall record a (blanket) drainage easement to ensure the drainage infrastructure is maintained and preserved on the subject parcels. 2. On site retention basins greater than 3 feet deep and side slopes greater than 4:1 require pool barrier fencing. 3. Applicant to contact the City of Phoenix regarding access, Right-of-Way, and required improvements to Happy Valley Road. 4. The northern perimeter section line alignments of the proposed development require the setback line to start from a future half street Right-of-Way of 55- feet per the Maricopa County Zoning Ordinance Section 11-05. 5. There are Federal Patent Easements within the parcel. No encroachments are allowed within the area unless abandoned. Applicant must contact MCDOT for further interest in the Patent Easement Abandonment Process. 6. Prior to the issuance of building permits for this project, the owner shall record a (blanket) drainage easement to ensure the drainage infrastructure is maintained and preserved on the subject parcels. 7. Engineering conditions made part of the approval of Z2020018 shall remain intact. 8. 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. 9. 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. d. This special use permit shall expire on July 23, 2035, or upon termination of the use for a period of 120 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 120 days of such expiration or termination of use. e. The following SUP development standards and requirements shall apply: 1. Pavement for Parking Spaces and Internal Driveways - may be waived with acceptance of dust control plan by Maricopa County Air Quality Control except for ADA parking. 2. The east 25-feet of the 11th Avenue alignment, from the south Happy Valley Road right-of-way line to the south boundary line of the SUP, shall be dust proofed with decomposed granite, asphalt milling, or other similar dust proof material in a manner that is compliant with Maricopa County Air Quality Department regulations regarding dust control 3. Screening: 6’ (h) chain link fencing, should the adjacent parcel to the east of the subject site be developed with a residential use then slating material shall be added to the chain link fencing along the eastern property line. 4. Setbacks: 8’ front (west), 5’ side-yard (south), 0’ side-yard (north), and 5’ rear (east) f. 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. g. 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. 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-44-26-004-X-00)