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

13. NJ PALMER SALON Case #: SU250005 Supervisor District: 1 Applicant / Owner: Alex Hayes, Withey Morris Baugh, PLC / Dan Palmer Request: Special Use Permit (SUP) for a home occupation in the Rural-43 zoning district Site Location: Generally located ¼-mile west of the SWC of Queen Creek Rd. and Higley Rd. in the Gilbert 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 SU250005 subject to conditions ‘a’ – i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Palmer Residence”, consisting of one full-size sheets, dated April 10, 2025, and stamped received April 10, 2025, 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 “N.J. Palmer Salon”, consisting of nine pages, dated April 8, 2025, and stamped received April 10, 2025, 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. The proposed construction appears to meet the requirements of the Maricopa County Zoning Ordinance Section 1205.7.7 and as such a site plan containing the information on the attached checklist (Form 718) is required. 3. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final design of the infrastructure. 4. The subject site is located within the County’s Urbanized Area, but site disturbance appears less than one (1) acre. A Storm Water Pollution Prevention Permit (SWPPP) from the County’s Planning & Development Department is not required. This does NOT preclude the requirement to obtain a Construction General Permit (CGP) Notice of Intent to Discharge (NOI) from the State (ADEQ), as may be required. 5. Queen Creek Rd. is within the jurisdiction of the Town of Gilbert. The applicant will be responsible for coordinating with the Town to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. d. Prior to occupying the existing residence or any portion thereof for any use associated with the Special Use Permit, the applicant shall obtain a commercial Building Permit to retrofit applicable portions of the existing residence to meet current commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy. e. All business operations shall be restricted to and conducted inside the residence, the lot’s primary building. f. Driveway and parking areas, outside of any required ADA parking spaces, shall be surfaced with Decomposed Granite or other surfacing material deemed acceptable by County’s Air Quality Department. g. The special use is a discretionary approval. The entitlement shall not expire. However, the Board with recommendation from the Commission may revoke the entitlement at any time for noncompliance with these conditions or as noted in the following condition, or if after ten years it has been determined the use is no longer consistent and compatible with surrounding zoning and land uses. h. Noncompliance with any of the conditions assigned to the approval of this Special Use Permit by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. 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 may be considered for revocation 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-44-26-007-X-00)