Vote — approved

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

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

Item Text

8. MARCO’S AUTO REPAIR, LLC Case #: Z2022086 Supervisor District: 5 Applicants & Owners: Marco and Danielle Malanche Request: Special Use Permit (SUP) for an Interim Industrial Use (auto repair business) in the Rural-43 zoning district Site Location: Generally located 172’ southeast of the southeast corner of Lower Buckeye Rd. & 166th Ave. in the Goodyear area Commission Recommendation: On 12/8/22, the Commission voted 6-2, to recommend approval of Z2022086 subject to conditions ‘a’ – ‘j’: a. Development of the site shall comply with the Legal Description entitled “Legal Description”, consisting of 2 pages, dated November 17, 2022, and stamped received November 18, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Site Plan entitled, “Site Plan” consisting of one full-size sheet dated November 22, 2022, and stamped received November 22, 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. c. Development of the site shall be in substantial conformance with the Narrative Report entitled, “Narrative Report”, consisting of four pages, dated November 8, 2022, and stamped received November 8, 2022, except as modified by the following conditions. d. 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. MCDOT is requiring the dedication of additional ROW so that there is a total of 55’ R/W from the centerline to the property line. Dedication of the ROW must be completed within 6 month of BOS approval or prior to issuance of any building/construction permits, whichever comes first. The ROW dedication takes time and approval from the Board of Supervisors. The dedication is not required for approval of this Zoning case, but it is required before the Building permit can be issued. See the MCDOT webpage https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. You may contact MCDOT Planning (MCDOTPlanning@maricopa.gov) for more information. 3. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for the Building Permits. e. The following SUP standards shall apply: 1. Parking - 8 parking spaces including 2 required ADA spaces / Vehicles shall only be stored within these dedicated spaces or within a fully enclosed space. All other development standards per Rural 43 zoning shall apply f. All outdoor lighting shall be shielded and directed downward and otherwise in accordance with Section 1112 of the Maricopa County Zoning Ordinance. g. The special use permit shall expire 6 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 with the special use permit shall be removed within 90 days of such expiration or termination of use – unless otherwise permitted in the Rural-43 zoning district. h. 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. i . 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. j. 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-44-23-176-X-00)

Attachments (7)