Vote: approved

Item Text

11. ATLAS DISPOSAL DISPATCH YARD (Supervisorial District: 5) Case #: Z250039 Applicant and Owner: Zachary A. Pebler, PLLC / Atlas Disposal of Arizona, LLC Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located at the SEC of Sunland Ave. & 47th Ave. in the south Phoenix area Commission Recommendation: On 5/7/26, the Commission voted 7-0 (motion by Vice Chair Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z250039 subject to conditions ‘a’-‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Atlas Disposal Dispatch Yard“, consisting of 4 full-size sheets, revision dated 3/23/26, and stamped received 3/24/26, except as modified by the following conditions. 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 “Project Narrative Zone Change Request Atlas Disposal Dispatch Yard”, consisting of 7 pages, revision dated 3/24/26, and stamped received 3/24/26, except as modified by the following conditions. c. The following Engineering conditions shall apply: 1. Further entitlement such as a Plan of development (POD), will require a submittal of an approved traffic impact statement (less than 1 year old), updated TIS or TIS waiver. 2. Engineering and drainage review was based on a zone change without a plan of development. Therefore, 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. 3. 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. 4. The County does not provide fire service, therefore, it is incumbent that the applicant seek service and approval of plans from the jurisdictional fire service provider. d. The following Maricopa County Environmental Services Department (MCESD) condition shall 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. e. The following Maricopa County Department of Transportation condition shall apply: 1. A mid-section line alignment is located on the western perimeter of the proposed development requiring the setback line to start from a future half street Right-of-Way of 40-feet per the Maricopa County Zoning Ordinance Section 1105. f. Prior to precise Plan of Development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Phoenix that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. g. The following IND-2 IUPD standard shall apply: 1. Minimum site screening: 6’ chain link fence with mesh screening or solid masonry wall adjacent any side or rear property line abutting any rural or residential zone boundary. h. 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) where wastewater disposal can be accommodated by onsite septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. a. 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. b. 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. Prior to precise Plan of Development approval, a licensed engineering investigation of the site shall be conducted and submitted identifying any land subsidence or earth fissuring which affect the site and the report shall include suggested mitigation. The Final Plat shall have a note that the property is within an area of known land subsidence and/or earth fissuring. Further, notice that the property is in area of known land subsidence and/or earth fissuring and a definition of both land subsidence and earth fissures shall be displayed on the front door in the sales office, written in the covenants, conditions and restrictions (CC&Rs), and written in any disclosure statements for conveyance documents. However, if said report concludes negative impact regarding land subsidence and/or earth fissuring the required notification should include such results. (C-44-26-110-X-00)

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