Vote — approved

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

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

Item Text

12. MCHENRY / BUCKEYE INDUSTRIAL ZONING Case #: Z250017 Supervisor District: 5 Applicant and Owner: Greg Loper/ ACE PSP LLC Request: Zone Change with Overlay from Rural-43 & IND-2 IUPD to IND-2 IUPD Site Location: Generally located 2,717’ west of the SWC of Yuma Rd. & Palo Verde Rd. in the Hopeville/Buckeye area Commission Recommendation: On 11/06/25, the Commission voted 8-0 (motion by Commissioner Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z250017 subject to conditions ‘a’ – ‘k’. a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit: Z250017 (McHenry / Buckeye Industrial Zoning)”, consisting of 1 page, stamp received 7/21/2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Z250017 – McHenry / Buckeye Industrial Zoning”, consisting of 7 pages, dated 7/3/2025, and stamp received 7/21/2025, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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. 2. Any new site improvements will require a Plan of Development and Traffic Impact Study. 3. Right-of-way dedication along Yuma Road to provide the required half-width per County or Buckeye requirements, as the case may be, may be required. Note parkway alignments require 100’ half-width. 4. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the I-10. 5. 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 required relocation. 6. 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. Prior to Plan of Development approval by Maricopa County, Applicant shall provide to County Staff documentation (such as emails sent by Applicant or notes of correspondence or conversations kept by Applicant) indicating that Applicant has consulted with the City of Buckeye Aviation Director; however, the approval of said Buckeye Aviation Director shall not be a prerequisite to Maricopa County approval of said Plan of Development. e. The following I-2 IUPD standards shall apply which prohibit all uses except the following: 1. General industrial service 2. Assembly, light 3. Manufacturing, light 4. Office Warehouse 5. Warehouse 6. Wholesale establishment Without limitation of the foregoing described uses, the following uses are specifically acknowledged as falling within said described uses: 1. Art needlework, handweaving and tapestries; 2. Books, hand binding and tooling; 3. Compounding of cosmetics and pharmaceutical products; 4. Jewelry, manufacture from precious metals and minerals; 5. Laboratories, research, experimental, photo or motion picture, and testing (excepting Marijuana testing); 6. Manufacture and assembly of; i) clay, leather, metal and glass products of a handicraft nature ii) medical, dental and drafting instruments iii) optical goods and equipment, watches, clocks and other similar precision instruments iv) electrical or electronic apparatus, musical instruments, games and toys; 7. Warehousing, storage and wholesale distribution facilities; 8. Aircraft firms including sales, service and rental; 9. Bakeries, wholesale; 10. Bottling plants or breweries; 11. Cleaning plants, including carpets and dyeing; 12. Construction equipment, including sales, service, rental and storage; 13. Dairy products, processing of; 14. Manufacturing, compounding, assembling, processing, packaging or treatment of: i) products such as candy, drugs, perfumes, pharmaceuticals, perfumed toilet soaps, toiletries (but not including the refining or rendering of fats and oils), ii) articles or merchandise from the following previously prepared materials: bone, cellophane, cloth, cork, feathers, felt fiber, fur, glass, hair, leather, paper, plastics, precious or semi-precious metals or stones, light sheet metal, shell, textiles, tobacco, wire, yarns, wood (not involving plaining mills) and paint (not employing a boiling process) iii) electrical appliances, electronic instruments and devices, optical goods, precision instruments, radios and phonographs (including the manufacture of small parts only, such as coils condensers, transformers and crystal holders); iv) pottery and figurines or other similar ceramic products using only previously pulverized clay; 15. Training centers, industrial; 16. Warehousing, storage and wholesale distribution facilities; 17. Any other laboratory, manufacturing, and assembly uses similar to those uses listed above which do not create any danger to the public health, safety and general welfare in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat or glare, and which by reason of high value in relation to size and weight of merchandise received and shipped create very little truck traffic; 18. Accessory buildings and uses customarily incidental to the above-listed uses. f. If development occurs within unincorporated Maricopa County, the applicant shall submit a written summary with Plan of Development and construction permitting explaining compliance with the following (City of Buckeye) design guidelines: 1. Site elements such as buildings, parking areas, driveways, sidewalks, and outdoor recreational spaces must be arranged to emphasize the aesthetically pleasing components of the site (e.g., landscaping and the superior architectural design of office building elements) and to screen less attractive elements (e.g., service facilities, loading docks, outdoor storage, equipment areas, and refuse enclosures) through the proper placement and design of buildings, screen walls, and landscaping. 2. Dock doors and/or storage areas should not be located adjacent to any ROW or freeway/highway. After every effort has been made to locate dock doors and/or storage areas away from ROW and/or freeways/highways, and it is found not to be feasible, those dock doors and/or storage areas shall include an eight-foot high masonry wall along the entire adjacent ROW side, located at the back of the required landscape setback, designed with any combination of the following materials: i. Integrally colored, split-face, or ground-face concrete masonry units (CMU); ii. Concrete masonry units that have been painted, stuccoed, or faced with another permitted material; iii. Stone (natural or simulated); iv. Brick; v. Wrought-iron or other decorative metal; vi. Plastic or vinyl; or vii. Wood (painted or stained) or other materials as approved by the Planning Commission. viii. Chain link fencing is permitted in Industrial Districts but shall not be viewable from public rights-of-way (ROW) ix. A higher level of design detail shall be utilized for highly visible fences along major arterial roadways and interstates, including but not limited to, the incorporation of mosaic designs, relief panels, or similar public art; and a combination of articulation consistent with the following: i. No fence facing an arterial or highway may extend continuously, without articulation, for more than 200 feet, or 100 feet for fences facing any other type of public street ii. Changes in material or texture, including the use of view fence that allows for views into the site; iii. Offsets iv. Landscape Pockets v. similar features as approved, Along with trees planted 25 feet on-center, located on the outside of the wall, utilizing a variety of trees that will further screen the storage area strategically based on line-of-site from the adjacent ROW. The wall may be required to return a certain distance on one or both sides depending on the analysis of the site line details. 3. All refuse, storage, and equipment areas placed outside of a building must be screened from adjacent public ROW and uses. 4. Items or materials stored outside (e.g., stacks, pallets, or piles of materials) shall not be stored such that they extend above the height of the adjacent screen wall unless it can be demonstrated that the storage is not visible from adjacent ROW or properties. 5. Surface parking must be located to the side or to the rear of principal buildings to the greatest extent feasible unless cross-docks are an integral part of the operations of the building, in which case surface parking areas may be placed adjacent to a street. 6. Surface parking stalls for employees and guests are encouraged to incorporate shade structures that are capable of supporting solar/photovoltaic array systems with a minimum clearance height of 12 feet. Shade structures must not encroach into the required access lanes. 7. Applicable tree and landscaping standards are not required in the sections of the parking areas where solar array systems are placed. 8. An outdoor seating/break area(s) is required for every proposed building. The seating/break area(s) must be appropriately and proportionately sized based upon the number of employees anticipated within the building. 9. Outdoor seating areas must include shade and wind protection using landscaping or screening structures. If located where visible from adjacent ROW, the shade structure design shall incorporate colors, materials, and forms that complement the primary building(s). 10. Outdoor seating areas must be easily accessed from the lobby or interior break rooms, if provided, or placed at the corner(s) of the building. 11. Landscaping must be provided along the public streets and sidewalks to define the street edge, buffer pedestrians from vehicles, and provide shade over the sidewalk. 12. Walls and fences used to provide screening of loading facilities, outdoor trash receptacles, utility equipment, etc. must be solid and designed with materials and finishes that are consistent with and complementary to the design of the primary buildings. 13. All new trees planted for screening purposes must be planted a minimum of 30 feet on-center the full length of the area requiring screening, except as interrupted by driveways into the site. At least 80 percent of trees provided for screening purposes must be evergreen species to ensure year-round effectiveness. Landscaping without a screen wall or fence does not meet the minimum screening requirement of this Section. 14. Fences used for security purposes may consist of wrought iron, tubular steel, or similar material. The use of chain-link is prohibited except where not visible from adjacent ROW or adjacent residentially zoned or residentially developed properties. 15. Except where required for screening or buffering from adjacent properties or streets, landscaping is not required within walled or fenced areas of a site not accessible to the general public, such as walled loading yards associated with cross-dock warehouses, walled electrical substations, and the like, or parallel to railroad ROW. 16. Where not required for screening, trees must be selected and planted to provide shade for walkways, outdoor seating areas, parking areas etc. and for their ability for filtering particulate matter and other pollutants from the air. 17. Buildings must be articulated and incorporate transparent elements along any side visible from a street or parking area accessible by the general public. 18. Where feasible, equipment, electrical, and service rooms must be placed inside the building. Where this is not feasible for practical or operational reasons, the equipment must be screened to minimize its visibility from the public ROW or placed on the site where it is less visible from the ROW. Storage tanks and/or other exterior equipment that by virtue of its height may not be able to be fully screened must be painted with muted, matte, or low-sheen finishes in neutral desert tones. 19. Primary building entries must be readily identifiable, well-defined using projections, recesses, columns, roof structures, or other design elements, and provide shade for pedestrians. Two or more of the following techniques are required: i. Projecting or recessed entry, including a canopy, portico, archway, arcade, or similar projection that provides architectural interest and protection for pedestrians; ii. Prominent tower, dome, or spire; iii. Peaked roof (where contextually appropriate); iv. Outdoor features, such as seat walls, landscaping with seasonal color, or permanent landscape planters with integrated benches; and/or v. Other comparable techniques. 20. All industrial buildings or campuses shall incorporate an architectural element that approximates the look of an office. When located at the intersection of two public streets, the element shall be located at the corner of a building nearest the intersection or centered on the elevation facing the street. Developments located mid-block shall have discretion on which (or both) corners feature the element, or the element may be centered on the elevation facing the street. The element shall have a prominent, vertical form (e.g. a tower) that extends above the roofline by at least three feet, but no more than 15 feet above the height of adjacent wall sections, incorporate significant glazing, and extend at least 15 percent of the length of the elevation facing the street. In addition, raised parapets with enhanced decorative treatment such as cornices or crenellations are permitted not to exceed eight feet above the maximum allowable height of the building. 21. All elevations of a building's façade must include modulation and articulation of the wall plane and roof line, proportionate to the height and length of the building, and no less than three feet. Exceptions to this requirement are the wall planes at the dock areas and any elevation not visible from adjacent ROW or neighboring properties. 22. All elevations of a building's facade visible from adjacent ROW or neighboring properties must have vertical or horizontal variations in color, texture, material, and ornamentation. 23. No individual building component may exceed 100 feet in length. Individual components must be distinguished from one another through application of two or more of the design elements. 24. Shade elements such as canopies, awnings, arcades, and overhangs must be provided over all ground level windows, at all pedestrian entry points, and along the front elevation, any street-facing elevation, and office portions of the building. 25. Scuppers and exterior downspouts shall not be permitted on any building façade visible from adjacent streets or properties and must be fully concealed within the wall assembly or integrated into the architectural design of the structure, except that the Zoning Administrator may permit exterior downspouts if the downspout is designed as a deliberate architectural feature that is integral and true to the overall style of the building and serves a decorative function. 26. For office portions of principal buildings, window and door openings must comprise at least 60 percent of the total area of exterior walls facing a public street. 27. These windows must be clear or translucent to improve visibility, add visual interest, and allow light into interior spaces. 28. Industrial building façades facing public streets shall incorporate windows or other transparent glazing above a minimum height of eight feet from finished floor elevation. Such glazing shall be designed to provide natural light into the building while maintaining privacy for interior operations. A minimum of 10 percent of the façade area above eight feet shall consist of transparent or translucent glazing. Glazing may be provided in the form of clerestory windows, ribbon windows, or other architecturally integrated features. Glazing shall be incorporated into articulated façade elements such as recesses, projections, banded material, or color changes, or other architectural features that provide depth and visual interest to the building elevation. Clerestory windows shall not appear as isolated or unsupported elements on blank walls 29. The following materials are permitted for use on exterior building walls, individually or in combination: i. Brick, including realistic veneers; ii. Stone, including realistic veneers; iii. Stained, exposed aggregate, or integrally-colored concrete masonry units (CMU), split face or ground face; iv. Textured tilt-up concrete panels, with or without reveals; v. Integrally-colored stucco; vi. Exterior insulation and finish systems (EIFS) and fiber cement panel systems featuring concealed fasteners and incorporating reveals; vii. Clear and tinted glass; viii. Tile (allowed as an accent only); ix. Wood (allowed as an accent only); x. Architectural-grade metal panels featuring concealed fasteners and high-performance coatings and significant articulation, texture, or patterning, intended to provide a refined, durable finish; xi. Metal posts, columns, beams, or similar structural support; and/or xii. Other materials of comparable quality, durability, and character, as determined by the Zoning Administrator. 30. A minimum of 10 percent and a maximum of 25 percent of any exterior building wall facing a principal street (not including windows and doorways) shall consist of an accent material as listed in condition f.29 that is different than the remainder of the building façade material. Concrete tilt panel buildings may satisfy this requirement through provision of concrete form liners that provide a texture distinct from the bulk of the smooth panel. 31. Prohibited Wall Materials. The following materials are prohibited: i. Prefabricated metal panels, excluding architectural grade metal panel systems described above, and any pre-manufactured metal building kits; ii. Poor quality veneers and other engineered materials that have an unnatural appearance not reflective of the product they are attempting to simulate; and iii. Mirrored surfaces or any treatments which change ordinary glass into a mirrored or highly reflective surface. 32. Roof Materials. All roofs shall be flat (or appear flat), incorporating a parapet(s) of sufficient height to screen the roof deck surface from all property lines. 33. Exterior Building and Roof Colors. Select materials and colors that are abundant in the Sonoran Desert environment. 34. Reflective building materials (other than windows) and roofing materials, including materials with high gloss finishes and bright, untarnished copper, aluminum, galvanized steel or other metallic surfaces, must be textured or have a matte or non-reflective surface treatment to reduce the reflection of sunlight. 35. Materials used for exterior surfaces of all structures must blend in color, hue, and tone with the surrounding natural desert setting to avoid high contrast. 36. Excluding shades of white, bright colors (LRV greater than 70) and contrasting colors are appropriate only for accents, such as on doors, limited trim, and window mullions. Florescent colors are prohibited, even for use as an accent. 37. The surface materials of walls, retaining walls or fences must be similar to and compatible with those of the adjacent main buildings g. The IUPD overlay is applied to restrict the uses of the site. 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). h. 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. i. 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. j. 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. k. 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-44-26-057-X-00)