Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

6. MODULAR SOLUTIONS Case#: Z250005 Supervisor District: 5 Applicant / Owner: Guadalupe Alvarado, Modular Solutions, Ltd. / MS IV Holding, LLC Request: Zone Change Rural-43 to IND-2 Site Location: Generally located 289 feet north of the NEC of 43rd Ave and Sunland Avenue in the Phoenix area Commission Recommendation: On 4/24/25 the Commission voted 7-0 (motion by Commissioner Leighton D4, seconded by Commissioner Hernandez D5) to adopt a motion recommending the Board of Supervisors approve Z250005 subject to conditions ‘a’ – ‘j’ as follows: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “North Yard Zoning“, consisting of 1 full-size sheet, dated 2/26/25, and stamped received 2/28/25, 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 “Modular Solutions, LTD”, consisting of 6 pages, dated 2/26/25, and stamped received 2/28/25, except as modified by the following conditions. c. 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. 43rd Avenue is a MCDOT maintained roadway classified as an arterial roadway. The existing 55 foot R/W appears adequate pending the Traffic Study preparation and review. 3. A Traffic Study/Statement must be submitted with future entitlement (POD) application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4) https://www.maricopa.gov/DocumentCenter/View/303 4. Off-site roadway improvements, including additional R/W dedication(s) may be required pending the MCDOT approved Traffic Impact Study/Statement. 5. Gated access(es) must provide an adequate turnaround area so that vehicles will not back onto public roads. 6. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 7. 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. d. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. A Minor Plan Review application must be submitted for any existing septic system(s) if being utilized and if the applicant believes the existing system(s) are adequate in size to support the new use; otherwise, a new septic permit/install may be required. 2. A Notice of Intent to Discharge application for a septic system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. 3. Wastewater is not permitted to discharge to an adjacent parcel’s septic system. 4. If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. 5. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). 6. Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit and may require nitrogen treatment. 7. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. 8. A Water Service Agreement signed by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A Capacity Assurance Form issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. e. The following City of Phoenix conditions shall apply: 1. The site shall maintain a minimum 30-foot-wide building and landscape setback along 43rd Avenue. 2. Within the required landscape setbacks and landscaped right-of-way, minimum 2inch caliper, drought-tolerant, single-trunk, shade trees shall be planted 20 feet on center or in equivalent groupings, with five 5-gallon drought-tolerant shrubs per tree, and appropriate ground cover. 3. A minimum of two green stormwater infrastructure (GSI) elements for stormwater management shall be implemented, as approved or modified by the Planning and Development and/or Street Transportation departments. This includes but is not limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure and Low Impact Development Details for Alternative Stormwater Management. 4. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east side of 43rd Avenue and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the easement, in accordance with the MAG supplemental detail and as approved or modified by the Planning and Development Department. 5. Any open use or storage area, where permitted, shall be enclosed by a six-foot-high solid masonry wall. 6. Fencing and walls oriented towards a public street or trail shall have a finished appearance and contain decorative elements. 7. Any lighting shall be placed to reflect the light away from existing adjacent residential uses to the south. 8. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the site. f. Prior to precise Plan of Development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. g. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. h. 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. i. Prior to precise Plan of Development approval, a licensed engineering investigation of the site shall be conducted and submitted identifying any land subsidence or earth fissuring which affect the site and the report shall include suggested mitigation. The Final Plat shall have a note that the property is within an area of known land subsidence and/or earth fissuring. Further, notice that the property is in area of known land subsidence and/or earth fissuring and a definition of both land subsidence and earth fissures shall be displayed on the front door in the sales office, written in the covenants, conditions and restrictions (CC&Rs), and written in any disclosure statements for conveyance documents. However, if said report concludes negative impact regarding land subsidence and/or earth fissuring the required notification should include such results. j. 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 may be considered for revocation 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-44-25-099-X-00)

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