Vote: approved

Item Text

12. M&H EQUIPMENT STORAGE (Supervisorial District: 5) Case #: Z250041 Applicant and Owner: Manuel Holguin, M&H Pools and Spas LLC Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located 627‘ east of 43rd Ave. between Roeser Rd. and Hidalgo Ave. in the Laveen area Commission Recommendation: On 5/7/26, the Commission voted 7-0 (motion by Commissioner Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z250041 subject to conditions ‘a’ – ‘i’: a. A Plan of Development is approved subject to site plan entitled “M&H Equipment Storage” consisting of 3 pages, stamped received April 20, 2026. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IUPD development standards as approved by the Board of Supervisors. 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 “M&H Equipment Storage”, consisting of 5 pages, stramped received April 20, 2026. except as modified by the following conditions. c. The following IUPD standards shall apply: 1. Landscaping: No landscaping required along the street frontage of Sunland Ave. No landscaping required within the side yards or within the area of lot not utilized for buildings, structures or parking. 2. Entitled Uses: Storage yard and other industrial uses that can be accommodated via onsite septic systems acceptable to the Maricopa County Environmental Services Department, until such time as sewer is available to the site. d. 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. e. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. f. The following Engineering conditions will apply: 1. Sunland Avenue is comprised of a series of private easements(s) that have not been accepted by the County; and is therefore not maintained by the County. It is the owner/applicant’s responsibilities to determine access rights to Sunland Avenue. 2. The subject premises is located within the County’s Urbanized Area, but does not appear to disturb more than one (1) acre. Therefore, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will not be required prior to issuance of any building permits required for site development. See: https://www.maricopa.gov/DocumentCenter/View/6577 3. 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. 4. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure 5. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits g. The following Maricopa County Environmental Services Department condition will 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. h. 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. 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-44-26-109-X-00)

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