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

9. MANGAT GROUP Case #: Z2022164 Supervisor District: 4 Applicant & Owner: Brian Greathouse, Burch & Cracchiolo, P.A. / Tonopah 80 Land, LLC Request: Zone change with overlay from Rural-43 to C-3 CUPD Site Location: Generally located at the NEC of Wintersburg Rd. & I-10 in the Tonopah area Commission Recommendation: On 6/8/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2022164 subject to conditions ‘a’ – ‘o’: a. Development of the site shall be in conformance with the Zoning Exhibit entitled “Zoning Exhibit Map”, consisting of 1 page, dated January 12, 2023, and stamped received February 3, 2023 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Mangat Group”, consisting of 10 pages, dated 3rd Submittal 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 planning 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. MCDOTS’s review comments of the TIS are attached hereto. The comments must be addressed as part of the Plan of Development application. An updated traffic impact study must be submitted with future entitlement (POD) application(s). 3. Right-of-Way dedication (100’ along Wintersburg Ave. and 40’ along Osborn Ave.) will be required as part of future entitlement(s) (i.e. Plan of Development). 4. If required, CLOMR approval by the Flood Control District of Maricopa County is required prior to issuance of permits for site development. 5. 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. The following C-3 CUPD standards shall apply: 1. Drought-tolerant landscaping shall be provided for screening to rural or residential zoning boundary located to the east, northern, and southern portion of the site. 2. Electronic message display permitted for freestanding monument or pole-type service station signs identifying current price(s) of fuel sold, car wash service prices, or any promotional material in connection with the service state use. 3. A freestanding monument sign height of 24’ within 200’ of a rural or residential zoning district. 4. A max. height of 65’ of Freeway Pylon Sign permitted. 5. A max. gross area of 50% of a Freeway Pylon Sign structure permitted. 6. The C-3 CUPD zoning district shall limit the use of 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 manufactured 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 work 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 exclusively 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 (MCESD) 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 electricity generated by the solar panels shall be used exclusively for the operations of the travel center. g. The developer/owner(s) shall address all requirements of ADOT as per the e-mail dated October 17, 2022 prior to issuance of construction permits. h. The developer/owner(s) shall address all recommendation of the Arizona Game and Fish Department (AZGFD) included in the letter dated October 13, 2022, prior to issuance of the initial construction permit. i. 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. j. Prior to issuance of the initial 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. k. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. l. 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. m. Noncompliance 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. n. Non-compliance with 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 grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. o. 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 allows 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 or 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-44-24-020-X-00)

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