Vote — approved

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

6.1, Amendments, the Agreement is hereby revised with the following: 1.1. The Scope of Work is revised and replaced.1.2. The Price Sheet is revised and replaced to increase funding from September 30, 2025 through September 29, 2026.1.3. Exhibit One (1), 2 CFR is revised and replaced. The purpose of this grant is to build the local capacity for counties to develop drug Overdose Fatality Review (OFR) teams. This agreement will address drug misuse and abuse within their communities by setting up a 

Item Text

6. BELMONT 1080 Case #: Z250013 Supervisor District: 4 Applicant and Owners: Lindsay Schube and Michelle Santoro, Gammage & Burnham, PLC / Belmont Infraco, LLC; Xander Lander, LLC; JWK Holdings LLC; Debra de Gazia/ William Sun; and James Gosack Request: Zone change with overlay from Rural-43 to IND-3 IUPD Site Location: Generally located at the SWC of 339th Ave. and Indian School Rd. in the Tonopah area Commission Recommendation: On 12/04/25, the Commission voted 8-0 (motion by Commissioner Leighton D4, seconded by Commissioner Toma D4) to adopt a motion recommending the Board of Supervisors approve Z250013 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled Belmont 1080, consisting of three full-size sheets, dated September 30, 2025, and stamped received September 30, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled "Belmont 1080 Narrative, consisting of 14 pages, dated October 23, 2025, and stamped received October 23, 2025, 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. The site contains areas of regulated floodplains (FEMA Zone AE). 3. Any Development in the floodplain will require a floodplain use permit issued concurrent with building permit(s) required for site development. Structures and pad elevations for buildings and other electrical equipment in the floodplain must be elevated to the regulatory flood elevation (BFE +2) as determined by the engineer (FRMC 601(A)4). 4. The impact of the extensive quantity of fill in the floodplain will require analysis to determine its impact on the current floodplain delineations. Development of the site for the intended use may require re-delineation of the floodplain through the FEMA CLOMR/LOMR process (administered through the Flood Control District). For more information on this process, please contact the Flood Control District Fahmida.Maula@maricopa.gov. Regulatory flood elevations remain effective until such time that LOMRs become effective. 5. Traffic Study/Statement must be submitted with future plan of development entitlement application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4) https://www.maricopa.gov/DocumentCenter/View/303. 6. Off-site roadway improvements, including additional R/W dedication(s) may be required pending the MCDOT approved Traffic Impact Study/Statement. 7. 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. 8. Given the sites proximity or access to I-10, the applicant should inquire about any concerns with ADOT via their red-letter process (e-mail redletter@azdot.gov). 9. 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 any precise plan of development approval, the applicant shall submit to the Maricopa County Planning and Development Department confirmation of service by Hassayampa Utility or other water and sewer service provider for the site an approved Certificate of Convenience and Necessity (CC&N) issued by the State of Arizona. e. 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. f. The applicant or developer shall coordinate with both Arizona Game & Fish Department and the State Historic Preservation Office throughout the development of this site conducting any requested study deemed necessary by these organizations. g. Any access easement though state trust land to access any part of the site must be coordinated and applied for with ASLD at https://land.az.gov/applications-permits. h. The following IND-3 IUPD development standards shall apply to this site: 1. There shall be a maximum height of 40’ for commercial buildings. 2. There shall be a maximum height of 60’ for hotels, resorts, amusement parks, and other hospitality oriented buildings. 3. There shall be a maximum height of 80’ for industrial structures. 4. There shall be a maximum height of 150’ for energy production structures. 5. There shall be a maximum lot coverage of 75%, and solar panel arrays, battery storage containers, ancillary electric generation structures, and outdoor data center cooling equipment shall not contribute to lot coverage calculations. 6. There shall be one loading/unloading space for every 250,000 square feet of data center floor area. 7. A solid masonry wall not less than 6’ in height shall be required to screen industrial outdoor uses and perimeter of industrial sites only when adjacent to rural/residential zoning districts, public streets, or state trust land. 8. There shall be one parking space for every 5,000 square feet of floor area for data centers. 9. Billboards shall only be permitted in a designated area 300’ on either side of the Interstate-10 freeway only in the southeast arm of the site identified in the attached legal description. 10. Any heavy industrial land use or uses involving industrial outdoor storage shall be prohibited within a quarter of a mile of the Interstate-10 freeway. 11. Structures used for energy production, storage, or the cooling of data centers may take place outside of an enclosed building. 12. All uses that do not require a special use permit shall be allowed on this site, including data centers. 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-44-26-069-X-00)

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