Vote: held

Item Text

6. WINTERSBURG 313 (Supervisorial District: 4) Case #: Z250034 Applicant and Owner: 313 Wintersburg LLC and Wintersburg Four LLC Request: Zone change from Rural-43 to IND-3 IUPD Site Location: Generally located at the NWC of Encanto Blvd. and Wintersburg Rd. in the Tonopah 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 case Z250034 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit”, stamped received April 3, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Narrative Report”, consisting of 10 pages, stamped received April 3, 2026, except as modified by the following conditions. c. There shall be no less than 20 acres preserved for commercial development. The applicant shall identify the location of the 20 acres as part of each plan of development submittal. d. Prior to any ground disturbing activity, an archaeological/historical review shall be completed and submitted to the Arizona State Historic Preservation Office (SHPO). e. The following IND-3 IUPD development standards shall apply for development: 1. Maximum Height (Industrial): 80’ 2. Maximum Height (Energy Production): 150’ 3. Maximum Height (100’ from 387th Ave Alignment): 40’ 4. 387th Ave Alignment: 50’ 5. Maximum Lot Coverage: 75%; solar panels, batter energy storage container, or ancillary electric generation structures shall not contribute to lot coverage calculations. 6. Screening: 6’ solid wall or privacy fence; Perimeters adjacent to ASLD land shall be screened with 6’ solid wall 7. Loading Space (Data Center): 1 space per 250,000 sq. ft. 8. Parking (Data Center): 1 space per 5,000 sq. ft. f. The following engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development (that will require engineered Grading and Drainage Plans and Traffic Impact Study) 2. The site contains areas of regulated floodplains (FEMA Zone A and AE). Any development must comply with the Floodplain Regulations for Maricopa County. 3. Development of the site for the intended use(s) may require re-delineation of the floodplain through the FEMA CLOMR/LOMR process (administered through the Flood Control District). 4. Dedication of roadway right-of-way (R/W) may be required along the frontage(s) of the subject premises to provide additional R/W widths based on the classification of the surrounding roadways, as determined by MCDOTPlanning@maricopa.gov. 5. Given the site’s proximity to I-10, the applicant shall inquire of any concerns with ADOT via their red-letter process (email redletter@azdot.gov). 6. 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. 7. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits. g. The following Maricopa County Department of Transportation conditions shall apply: 1. Wintersburg Road is classified as an urban principal arterial requiring fee dedication of a 65-foot half street from the section line per the Maricopa County Zoning Ordinance Section 1104. a. It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. b. 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. 2. 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. 3. Thomas Road is classified as an urban principal arterial requiring preservation of a 65-foot half street from the section line per the Maricopa County Zoning Ordinance Section 1105. 4. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. a. TIA/TIS to be submitted to MCDOT via Permit Center at https://maricopacountyazenergovweb.tylerhost.net/apps/selfservice#/home. b. If a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. 5. A mid-section line alignment is located on the southern perimeter and a section line alignment 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 and 55-feet, respectively, per the Maricopa County Zoning Ordinance Section 1105. 6. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the I-10. h. The following Maricopa County Environmental Services Department conditions shall apply: 1. 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. 2. A will serve letter issued 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 letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. i. 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. 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-44-26-115-X-00)

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