Vote — approved

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

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

Item Text

9. 411TH AVE. & I-10 Case #: Z2022205 Supervisor District: 5 Applicant & Owners: Zachary A. Pebler , PLLC / Amrit & Avijot Land, LLC & Manmohan Brar Request: Zone Change with Overlay from Rural-43 to C-3 CUPD Site Location: Generally located at the NEC of 411th Ave. and I-10 Commission Recommendation: On 4/20/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2022205 sub ject to conditions ‘a’ – ‘n’: a. Development of the site shall be in conformance with the Zoning Exhibit entitled “411th Ave and I-10 Zoning Exhibit“ , consisting of 1 page, dated January 19, 2023, and stamped received February 15, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Narrative”, consisting of 8 pages, dated February 15, 2023, and stamped received February 15, 2023, except as modified by the following conditions. c. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmatio n will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prio r to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. d. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no developme nt approval is inferred by this review, including, but not limited to number of proposed buildings, site layout, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future entitlement (POD) application(s). 3. Right-of-way dedication (TBD along 411th Ave.; and 40’ along the northern and eastern tract boundaries) may be required as pa rt of future entitlement(s) (POD). 4. Compliance with any ADOT requirements is required. 5. Disturbance to floodplains (FEMA Zone A) will require procurement of a floodplain use permit concurrent with required building permit(s). 6. Engineering review of re-zone cases is conceptual in nature. 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 Coun ty; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. e. The CUPD overlay is applied to restrict the use of the site. The C-3 CUPD zoning district shall limit the use o f the site to automobile service only, equipment rentals and sales, but not including equipment customarily used for heavy construction; Landscape material sales provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six feet in height, and no goods, materials or objects are stacked higher than the fence or so erected; Commercial storage of mobile and manufa ctured homes, travel trailers, recreational vehicles and boats; Truck stops, with customary accessory facilities including restaurant, gasoline service stations, convenience retail, truck-wash, and minor repair facilities provided all incidental repair wor k is conducted wholly within a completely enclosed building and space required for such repair work does not constitute more than 60% of the floor area; Drive-thru restaurants and refreshment stands; Feed stores, inside storage only; Gas (butane or propane ), retail sales of; Restaurants and cafes, including patios, cocktail lounges, and outside dining and drinking areas; Self-storage facilities; Accessory buildings and uses customarily incidental to the above uses including a solar field providing energy ex clusively to a truck stop and its customary accessory facilities. Until such time as the site is served by sewer and water, of the uses permitted, the uses on site shall only be those acceptable to the Maricopa County Environmental Services Department (MCE SD) that can be accommodated by septic and well. A public water system and wastewater treatment shall be required prior to establishment of any use that requires potable water. f. The developer shall address all requirements of ADOT as per the e-mail date d March 1, 2023 prior to issuance of construction permits. g. The Owner or Developer shall address all recommendations of the Arizona Game and Fish Department (AZGFD) included in the letter dated March 10, 2023, prior to issuance of the initial constructi on permit. h. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. i . Prior to issuance of the initial building permit, wri tten confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to th e facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. j. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. k. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for six (6) years within which time a Plan of Development and initial construction permit must be obtained. l. Noncomplianc e with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance, and may be grounds for further action, including zoning revocation, by the Maricopa County Board of Supervisors. m. Non-compliance wi th the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be g rounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. n. The granting of this Zone Change has been at the request of the applicant, with the consent of the landowner. The granting of this approval al lows the property owner to enjoy uses in excess of those permitted by the land use existing on the date of the application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of the application. It is, therefore, stipulated and agreed that 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 o r possess the property and that there would be no diminution in the value of the property from the value it held on the date of application due to such revocation. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and changing to the prior land use designation results in the same value of the property as if the Zone Change had never been granted. (C-44-23-247-X-00)

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