Vote — approved

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

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

Item Text

7. GLOBAL WATER – HASSAYAMPA UTILITIES COMPANY INC. – WATER RECLAMATION FACILITY #2 Case #: Z2020085 Supervisor District: 4 Applicant & Owner: EPS Group, Inc. / Hassayampa Utility Company, Inc. Request: Zone Change with Overlay from R1-6 RUPD PAD and Rural-43 to IND-2 IUPD Site Location: Generally located approx. 769’ northwest of the intersection of Buckeye Rd. and 343rd Ave. in the Tonopah Area Commission Recommendation: On 9/12/24, the Commission voted 8-0, to adopt a motion recommending the Board of Supervisors approve Z2020085 subject to conditions ‘a’ – ‘x’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Site Plan (Phase 1) for Global Water - Hassayampa Utilities Company Inc. – Water Reclamation Facility #2”, consisting of 1 full-size sheet dated June 26, 2024, and stamped received June 29, 2024, 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 “Hidden Waters Ranch”, consisting of 14 pages, dated July 26, 2024, and stamped received August 20, 2024, except as modified by the following conditions. c. The following IND-2 IUPD Zoning District standards shall apply: 1. Min. parking spaces – 1 per 250 sq. ft. of Office 2. Min. screening required – 6’ solid masonry wall shall fully enclose the facility, but will not be required to follow the perimeter of the site 3. Pavement – For water/wastewater facilities surfacing of ABC is permitted with the approval of a dust control plan by Maricopa County Air Quality Control except for ADA required spaces and walkways. Other industrial uses shall require paved parking. d. A IUPD overlay is applied to restrict the use of the site. The IND-2 IUPD zoning district shall limit the use of the site to a water and/or wastewater utility treatment facility and accessory buildings and uses customarily incidental to the primary use. e. The following Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. The entire site’s runoff shall be retained onsite. 5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 2-hour runoff from all contributing areas. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins shall drain within 36 hours per County requirements. 7. All recommendations of the latest traffic study, once approved, shall be followed as part of the initial site development. f. The following Department of Transportation conditions associated with the larger Hidden Waters DMP development shall apply as applicable to this site: 1. The Developer shall provide the ultimate full or half-width of right-of-way for all public roadways. The TIS shall document all non-standard right-of-way. Right-of-way shall be provided as follows: a. Buckeye Road: 100 Feet (Half-width) b. Harrison Street: 40 Feet (Half-width); 80 Feet (Full-width) c. Van Buren Street: 65 Feet (Half-width); 130 Feet (Full-width) d. Roosevelt Street: Western Boundary to 341st Avenue 55 Feet (Half-width); 110 Feet (Full-width) e. 343rd Avenue, Buckeye Road to Van Buren Street: 40 Feet (Half-width); 80 Feet (Full-width) f. 343rd Avenue, Van Buren Street to Northern Project Boundary: 55 Feet (Half-width); 110 Feet (Full-width) g. 339th Avenue: 100 Feet (Half-width) h. 335th Avenue: 40 Feet (Half-width) The above references interior and perimeter roads. (The project boundary is the centerline of all perimeter roadways and/or roadway alignments.) Full-width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half-width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersections where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 2. The Developer shall reserve sufficient right-of-way for transportation facilities in compliance with the MAG Hassayampa Study, including sufficient right-of-way for widening of I-10. 3. The Developer shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half-width of all perimeter roadways, unless approved otherwise by MCDOT. All roadways must meet all county standards in effect at the time they are improved. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including TIS infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) Half-width roadways must be designed and constructed so as to safely carry two-way traffic until the ultimate roadway is constructed. Roadway improvement plans must be approved and permitted by MCDOT. The Developer shall relocate well site(s) and/or provide additional right-of-way in the event of conflict with any transportation facilities. 4. The Developer shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half-width of all perimeter roadways, unless approved otherwise by MCDOT. All roadways must meet all county standards in effect at the time they are improved. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including TIS infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) Half-width roadways must be designed and constructed so as to safely carry two-way traffic until the ultimate roadway is constructed. Roadway improvement plans must be approved and permitted by MCDOT. The Developer shall relocate well site(s) and/or provide additional right-of-way in the event of conflict with any transportation facilities. 5. The Developer shall provide all-weather access to all parcels and lots, and on all arterial roadways. 6. The Developer shall provide and make available a minimum of two access points to each development phase. 7. If streetlights are provided, installation shall be provided by the Developer. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Developer should contact the Office of Superintendent of Streets (602-506-8797) to initiate the SLID process. 8. The Developer shall design landscaping to comply with all county requirements and to conform to the MCDOT Roadway Design Manual. The Developer shall be responsible for maintenance of landscaping within public rights-of-way. 9. The Applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 10. The Applicant shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) 11. The Developer shall provide written documentation of ADOT’s review and response with each phase. ADOT documentation shall be received before any development phasing or at the discretion of MCDOT. g. MCDOT approvals are valid for 1 year from the date of issuance. If the review for construction is not underway during this time period, MCDOT may require an updated traffic report to assess any changes in conditions h. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. i. All stipulations of approval shall remain in effect in the event of a change in name of the Hidden Waters Ranch Development Master Plan. j. The master developer shall be responsible for the construction of all public and private on-site roads within the Hidden Waters Ranch Development Master Plan. Further, the master developer shall be responsible for the maintenance and upkeep of all private roads, public open spaces and public facilities, washes, parks, roadway median landscaping, landscaping within public rights-of-way, and all pedestrian, bicycle, and multi-use paths. k. Prior to the issuance of construction permits, the developer shall submit a landscape inventory and salvage plan which identifies and assesses the native vegetation within the development parcels, and which determines the preservation/disposition for each of the selected native vegetation. l. Landscaping of all common areas and open spaces, except for identified recreational areas, within Hidden Waters Ranch shall consist of indigenous and near-native plant species of a xeriphytic nature. m. Until annexation of the entire development master plan takes place, the master developer shall notify all future Hidden Waters Ranch Development Master Plan residents that they are not located within an incorporated city or town, and therefore will not be represented by, or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, wastewater, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8 ½ inch by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC & Rs). n. The following Maricopa County Department of Emergency Management stipulations shall apply: 1. Any areas not covered by the existing Outdoor Warning Siren System used to alert residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear Generating Station in time of emergency shall be required to include additional sirens, at the developer’s cost, in order to provide adequate warning for the residents of that development, using technical information concerning the siren system obtained from the Emergency Planning Department at the Palo Verde Nuclear Generating Station. In addition, adequate signage available from the Palo Verde Nuclear Generating Station Emergency Planning Department shall be required to be posted on the site to inform the public of the presence of a nuclear generating station in the vicinity and outlining actions to take upon receiving warning notification. 2. The developer shall ensure that public safety information regarding nuclear emergencies is initially provided to any new residents or building occupants. The applicant shall obtain this information from the Palo Verde Nuclear Generating Station – Emergency Planning Department. All costs associated with the duplication and dissemination of the initial distribution shall be assumed by the applicant. Thereafter, the Palo Verde Nuclear Generating Station will provide this public safety information annually. o. The following Luke Air Force Base condition shall apply: 1. The master developer shall notify future occupants/tenants that they are located near a military airport with the following language: “You are locating in a residential dwelling outside the “territory in the vicinity of a military airport,” however aircraft flying in this area are authorized to fly as low as 1,500 feet above the ground. You will be subject to direct overflights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes an average of approximately 165 overflights per day. Although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department.” Such notification shall be permanently posted on not less than a 3 foot by 5 foot sign in front of all leasing and home sales offices and be permanently posted on the front door of all leasing offices on not less than 8½ inch by 11 inch sign. p. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. q. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. r. As required in consultation with the Arizona State Historic Preservation Office (AZ SHPO), the Owner or Developer shall conduct a survey and shall receive confirmation of survey completion from AZ SHPO at the time of construction permits. s. 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. t. 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. u. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. v. 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. w. 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. x. 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-44-25-027-X-00)

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