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PLANNING AND ZONING Development Services Department 10000 N. El Mirage Road, El Mirage, Arizona 85335 623-876-2996; Fax 623-876-4605; TDD 623-933-3258 www.elmirageaz.gov MEMORANDUM TO: Brad Lauth, Centerpoint FROM: Jose A. Macias, Senior Planner Development Services Department, Planning & Zoning RE: PZ22-12-32 CarMax Conditional Use Permit DATE: January 13, 2023 Mr. Lauth, Please see the comments from the El Mirage Technical Advisory Committee (TAC) for the Conditional Use Permit request. BUILDING & SAFETY 1. Building Safety does not have any comments on the CarMax Fuel Tank and Auction CUP. ECONOMIC DEVELOPMENT 2. Economic Development fully supports this development. ENGINEERING 3. Engineering has no comments on the CUP FIRE DEPARTMENT 4. Provide the safety devices location? Dead man switches? 5. Will there be Bollards to protect the tank? PLANNING & ZONING Conditional Use Permit Stipulations 6. The proposed use shall not have an adversely affect upon the abutting property. 7. The proposed request of accessory uses (vehicle services, private car wash, wholesale auction, paint both and private fuel tank) shall not generate noise, vibrations, dust, and odors that may become a nuisance to the general public. 8. A periodic review of the site will be conducted by the El Mirage Development Services Department annually. 9. The Council shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted. 2 a. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. b. All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns. c. All conditions specifically stated under any conditional use listed in Chapter 154: Zoning Code, shall apply and be adhered to by the owner of the land, his or her successors or assigns. d. All of the special conditions shall be consented to in writing by the applicant and incorporated in the site plan. 10. ARS 28-8481 Land Use Compatibility (Luke Air Force Base Review) The site is located within the Luke Air Force Base Noise Contours Zone and is subject to ARS 28-8481 land use compatibility regulations. See attached letter from Luke Air Force Base. POLICE DEPARTMENT 11. Department’s concern, the in-person auctions are estimated that 333 persons may be in attendance. This will add vehicle compression to Olive and Dysart roadways. Hopefully they are widening Olive and Dysart to accommodate this additional traffic as well as the care transport carriers that will be on the roadway in this area frequently. PUBLIC WORKS 12. Applicant shall obtain all applicable State & County permits for the fuel tank/ dispenser and underground propane tank.