Vote — approved

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

7.8815 E. APACHE TRAIL Case #: Z2021131 Supervisor District: 2 Applicant & Owner: Rod Jarvis, Earl & Curley / Sofia Vasquez Request: Zone Change from R-5 and C-3 to C-3 CUPD with a plan of development for an auto repair business Site Location: Generally located 225’ east of the southeast corner of Glenmar Rd. and Apache Trail in the Mesa area Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend approval of Z2021131 subject to conditions ‘a’ – ‘k’: a. Development of the s

Item Text

7. 8815 E. APACHE TRAIL Case #: Z2021131 Supervisor District: 2 Applicant & Owner: Rod Jarvis, Earl & Curley / Sofia Vasquez Request: Zone Change from R-5 and C-3 to C-3 CUPD with a plan of development for an auto repair business Site Location: Generally located 225’ east of the southeast corner of Glenmar Rd. and Apache Trail in the Mesa area Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend approval of Z2021131 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zone Change with Overlay R-5 & C-3 to C-3 CUPD Z2021131 8815 E. Apache Trail”, consisting of 1 full-size sheet, dated June 30, 2022 and stamped received August 12, 2022, 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 “8815 E. Apache Trail”, consisting of 11 pages, dated revised September 8, 2022 and stamped received September 8, 2022 except as modified by the following conditions. c. A Plan of Development is approved subject to site plan entitled “Zone Change with Overlay R-5 & C-3 to C-3 CUPD Z2021131 8815 E. Apache Trail” consisting of 11 full-size sheets, dated June 30, 2022, and stamped received August 12, 2022. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established CUPD development standards as approved by the Board of Supervisors. 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. d. The following Planning Engineering conditions shall apply: 1. The submitted plan of development includes a previously unpermitted structure built over previously impervious surface. No additional development approval is implied by this review, including, but not limited to drainage design, access, and roadway alignments. 2. Any future development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 3. 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. e. The following Maricopa County Environmental Services Department (MCESD) condition shall apply: 1. Approval to Construct (ATC) and Notice of Intent to Discharge (NOID) must be obtain prior to construction permit approval. f. The following C-3 CUPD standards shall apply: 1. Front, rear, side and street-side setbacks: 0’ 2. Maximum side yard lot coverage and setback: 100% and 0’ 3. Maximum number of standard parking spaces: 11 4. Fencing: 6’ fencing with opaque screening 5. Elimination of the sight visibility triangles at the north property line (both sides of the ingress/egress) and Apache Trail right-of-way. 6. One freestanding pole sign to be setback 0’ from east property line with height of 12’, non-illuminated double-faced sign with 24 sq. ft. 7. Paving waived – utilization of existing decomposed granite for the property. g. The owner shall submit as-built permits for all unpermitted construction which includes the existing 1,200 mechanic shop (northern region of site), existing canopy 720 sq. ft (northern region of site), completion of B202005586 for the existing mechanic shop (southern region of site), on-site parking improvements and fencing by obtaining final inspections by the extended Compliance Agreement deadline date – June 30, 2023. h. The C-3 CUPD overlay is applied to restrict the use of the site to automobile repair until such time as the site is served by sewer. i . Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. j. 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. k. 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, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-23-106-X-00)

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