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

10. DELGADO / WITTMANN COMMERCIAL REZONING Case #: Z250010 Supervisor District: 4 Applicant and Owner: Greg Loper / Carlos Delgado Request: Zone Change from R1-6 to C-2 CUPD Site Location: Generally located 200’ west of the SWC of Grand Ave. & Poplar St. in the Surprise/Wittmann area Commission Recommendation: On 9/11/25, the Commission voted 8-0 (motion by Whitney D3, seconded by Danzeisen D5) to adopt a motion recommending the Board of Supervisors approve Z250010 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Delgado/Wittman – Zone Change (Zoning Exhibit)”, consisting of 1 page, dated May 15, 2025, and stamp received May 29, 2025 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Narrative Report for the Delgado / Wittman Commercial Zone Change”, consisting of 9 pages, dated May 15, 2025, and stamp received May 29, 2025 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal shall require a Grading and Drainage Plan sealed by a civil engineer registered in the state of Arizona to show conformance to the County Drainage Regulations. 2. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to 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 3. Plan of Development must provide for the required retention volume for the 100 year, 2 hour storm event, plus one (1) foot of freeboard, for the developed area. Provide documentation that the retention basin(s) will drain within 36 hours. (MCZO 1205.7.6-2.a & c) a. Provide a runoff coefficient based on Table 6.3 of the Maricopa County Drainage Policies and Standards. b. Historic inflow and outflow drainage locations and characteristics must be maintained. c. See https://apps.pnd.maricopa.gov/plansubmittalchecklist for the most up to date interactive Engineering Plan Review checklist. (Please be sure to check commercial and all related grading related matters so the checklist expands properly) 4. Prior to building permit issuance, The two below items require, at applicant’s expense, an American Land Title Association(“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. a. Poplar Street is classified as a minor collector requiring fee dedication of a 30-foot half street from the center line. b. Harding Avenue is classified as a minor collector requiring fee dedication of a 30-foot half street from the center line. c. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS to Permit Center at https://www.maricopa.gov/6003/Maricopa-Countys-Permit- Center 5. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the US60. 6. 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. All plans and reports should be developed and formatted to document that the project is designed to meet all County regulations, ordinances and design standards. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. d. The following Maricopa County Environmental Services Department (MCESD) condition(s) shall apply: 1. 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. 2. Wastewater is not permitted to discharge to an adjacent parcel’s septic system. 3. If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. 4. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). 5. Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit and may require nitrogen treatment. For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. 6. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and wastewater system infrastructure. 7. 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. For subdivision related questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov. e. A commercial unit plan of development (CUPD) overlay zone shall be applied to restrict entitled land uses within this C-2 zoning district. 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 shall be required prior to establishment of any non-residential use that requires potable water. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). f. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish the uses 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. g. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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-44-26-033-X-00)