Drive Thru CUP Waiver

aN Drive-thru Council Use Permit Waiver
mesa-az
PLEASE READ THE FOLLOWING CAREFULLY
Ordinance No. 5813 ("Ordinance") approved by the City Council on October 16, 2023 and effective November 15, 2023
(‘Effective Date”) set forth the process by which a property owner may request a waiver of the land use jaws applicable
to Drive-thru Facilities contained in Section 1 of the Ordinance ("Waiver") {i.e., a waiver of the requirement to obtain a
Council Use Permit (“CUP”) for Drive-thru Facilities). Please refer to Section 9 of the Ordinance for more detailed
information.
A request for a Waiver must be submitted in writing either by submitting this form or separate attachments to this form.
Awritten request for a Waiver must be completed, signed, and submitted by the owner who legally owned the specific
parcel of land for which the Waiver is being requested (“Property”) on the Effective Date (“Owner”) or by the legal
representative of the Owner (please provide verification).
Awritten request for a Waiver must be submitted to the City of Mesa Planning Division within three years of the Effective
Date.
Please submit a hard copy of this waiver and support materials to: Planning Division, P. O. Box 1466, Mesa, AZ
85211-1466.
If a written request is not submitted within three years of the Effective Date, the Property is subject to the Ordinance in
its entirety.
Verification and evidence (e.g., a deed (may include an unofficial copy) of legal ownership of the Property on the
Effective Date must be submitted with the written request for a Waiver.
An Owner or their legal representative may only submit a written request for a Waiver for property located in the
Neighborhood Commercial (NC), Planned Employment Park (PEP), Light Industrial (LI), General Industrial (Gl), or
Heavy Industrial (HI) district on the Effective Date. if the property was rezoned on or after the Effective Date to a zoning
district other than as listed above, the property is not eligible for a Waiver
PLEASE COMPLETE THE FOLLOWING INFORMATION
Address of the Property: AVEGA
Assessor’ Parcel Number(s) (APNs) of the Property: -~ 25° Ga/
yi ha z
Fro; + Submittal Adduss: Ge Wilhams fre/el RA.
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Owner/Legai Representative Information (if individual)
Name:
Address:
[V] Attach evidence (e.g., a deed (may include an unofficial copy) that the Owner owned the Property on the
Effective Date.
#
7] The specific amount of just compensation demanded: 20,200, 000
[V] A statement that the rights to use, divide, sell, or possess, and that the fair market value of, the Property were
reduced by the enactment or applicability of the requirement in Section 1 of the Ordinance to obtain a CUP for
Drive-thru Facilities:
City of Mesa — Planning Division. P. O. Box 1466, Mesa. AZ 85211-1466, 480-644-2385
(updated 4/2024)
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PLEASE COMPLETE THE OWNER VERIFICATION
The undersigned is, and was on the effective date of Ordinance No. 5813, the owner(s) of the Property that is identified on
this form or is the legal representative of the person(s) who owned the Property on the effective date of Ordinance No. 5813.
The undersigned has applied for and seeks the City's approval of a waiver of the land use laws applicable to Drive-thru
Facilities contained in Section 1 of Ordinance No. 5813 on the Property, The undersigned represents and warrants: (1) to
being the owner of fee title to the Property or to being a person who has legal authority to bind all fee title owners of the
Property to this Waiver, and (2) all information provided on this form and with the written request for a Waiver is true and
correct. The Owner or the legal representative of the Owner consents to the recordation of this Waiver with the City of Mesa.
OWNER/LEGAL REPRESENTATIVE: OWNER/LEGAL REPRESENTATIVE:
Anorew COHN
Print Name Print Name
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Sign Name Sign Name
q/it |2025
Date ~“ ‘ Date
STATE OF ARIZONA )
)ss
County of Maricopa )
On this /@ day ot SyaZed0 25before me, the undersigned Notary Public, personally appeared Aides. Loh!
who acknowledged that this document was executed for the purposes thergin contained.
> AMANDA 8. KOWALSKI .
\ Notary Public - Arizona Notary Public
v Y Maricopa Co. / #663012
My Commission ExpireSQX Expires 04/10/2028
Atal lt, 202%
COMPLETED BY THE CITY - WAIVER
Based on a review of the supporting materials submitted to request a Waiver:
{ ] the request for a Waiver is denied for the following reasons:
permitted by A.R S. § 12-1134 and Section 9 of Ordinance No. 5813, a Waiver is granted for the Property.
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Staff Reviewer Signature: Cen2elch
Staff Reviewer Name: _C4SS{ Dy WetcH
Staff Reviewer Title: PRINCIPAL PLANNER.
Date: 9/23/26
This Waiver only waives the requirement of the Mesa Zoning Ordinance to obtain a CUP for a Orive-thru Facility on the Property This Waiver does not waive or modify any
ather laws in the Mesa City Code, including development standards or design guidelines This Warvar is only applicable to the Property. This Waiver runs with the land and is
binding ail subsequent land s, unless terminated as set forth in the next sentence. This Waiver automatically terminates when the Property is rezoned. This Waiver
does not upon limit ar prevent, with a a develop tag and does not alter or affect an existing development agreement, that restacts or prohibits certain fand
uses including Drive-thru ig. Facilites. This Weiver 1s subject to all the terms, conditions, and limitations of Section 9 of Ordinance No 5873.
City of Mesa = Planning Division. P. O. Box 1466, Mesa, AZ 85211-1466, 480-644-2385
[Located 4/2024)
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