Vote — approved

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

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

Item Text

22. GATEWAY AUTO MALL Case #: Z2023036 Supervisor District: 2 Applicant & Owner: Sean Lake, Pew & Lake PLC / Horne Real Estate Investment LLC Request: Zone Change from Rural-43 to C-3 Site Location: Generally located at the SWC of SR-24 & Signal Butte Rd. in the East Mesa Area Commission Recommendation: On 6/22/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023036 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Z2023036 Zoning Exhibit“, consisting of 1 full-size sheet, stamped received May 22, 2023, 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 “Gateway Auto Mall”, consisting of 9 pages, dated May 18, 2023, and stamped received May 18, 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 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 the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. d. The following engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, 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 along 222nd Street and Signal Butte Road may be required to accommodate road improvements required for site development. 4. Signal Butte Road is within the jurisdiction of the City of Mesa. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements within its jurisdiction. 5. The applicant is responsible for coordinating any requirements with ADOT given the site’s proximity to SR24. 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 County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. e. Noncompliance with these listed conditions or with any Maricopa County Regulation shall be considered a zoning violation in accordance with the Maricopa County Zoning Ordinance and grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. 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-44-24-007-X-00)

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