Vote: approved

Item Text

11. TONOPAH LOGISTICS CENTER Case #: Z250003 Supervisor District: 4 Applicant and Owner: Ed Reichenberg Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located approx. 1,979 linear feet west from the NWC of Indian School Rd & 411th Ave 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 Z250003 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Z250003 Tonopah Logistics Center Zoning Exhibit IND-2 IUPD”, consisting of 1 page, dated November 4, 2025 and stamp received November 5, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Request for Rezoning from Rural-43 to I-2 IUPD Tonopah Logistics Center”, consisting of 16 pages, revision dated November 4, 2025, and stamp received November 5, 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. Indian School Road is a MCDOT maintained roadway classified as an arterial roadway. The MCDOT R/W requirement for arterial roadways is 55-65 feet (half-width). Dedication of R/W (0 feet existing) may be required across the frontage of the subject premises to provide the required R/W, as determined otherwise by MCDOTPlanning@maricopa.gov. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. If dedication is required, applicant is required to provide, 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. 3. Campbell Road (north of I-10) is “public right-of-way” that has not been accepted by the County; and is therefore not maintained by the County. Development and maintenance of the roadway would be the responsibility of the developer(s). 4. 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 5. Off-site roadway improvements, including additional R/W dedication(s) may be required pending MCDOT approved Traffic Impact Study/Statement 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 required relocation. 7. Given the site’s proximity or access to I-10, the applicant should inquire of any concerns with ADOT via their red-letter process (email redletter@azdot.gov) 8. 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 conditions shall apply: 1. Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 service connections per day for at least 60 days per year is classified as a Public Water System (PWS). If the above criteria are met, a Public Water System application and a New Source Approval application are required and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis report will be required with submittal and is good within one-year of testing. 2. An Approval to Construct application is required to be submitted to the MCESD’s Treatment Program for all PWS water treatment facilities. For questions, please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email treatmentplantprogram@maricopa.gov 3. An Approval to Construct application is required to be submitted to the MCESD’s Subdivision & Infrastructure Program for all PWS water system infrastructure. For questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov. For additional Drinking Water related questions, please contact the Drinking Water program at (602)506-6935 or by email at sdwquestions@maricopa.gov 4. 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. 5. Wastewater is not permitted to discharge to an adjacent parcel’s septic system. 6. If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater Program. 7. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setback). 8. 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. 9. 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. 10. 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. Prior to approval of construction permits for the site, documentation of compliance with the Arizona Game and Fish Department’s recommendations provided in the report dated March 13, 2025 must be provided to the Planning and Development Department. f. 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). g. The following IUPD standards shall apply: 1. Restricted Uses: Residential, adult oriented businesses, dancehalls, marijuana oriented establishments, paraphernalia (smoke & vape) shops 2. The first 600’ measured from ultimate right-of-way for Indian School Rd shall be preserved for uses allowed in C-2, including stand-alone light industrial, service-oriented business, uses allowing retail combined with outdoor storage screened and secured from public view; uses listed in g.1 above are prohibited in this area 3. Minimum lot area: 35,000 sq. ft. 4. Minimum lot width: 150’ 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-44-26-076-X-00)

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