Vote: held

Item Text

8. TONOPAH 75 (Supervisorial District: 4) Case #: Z260006 Applicant and Owner: Natalie Maikoski, EPS Group, Inc./ Tonopah I-10 & 355 Ave-72 Acre, LLC & JR Investments 10 LLC Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located 1,320’ east of the NEC of 355th Ave. and McDowell Rd. in the Tonopah area Commission Recommendation: On 7/23/26 the Commission voted 6-0 (motion by Commissioner Rochwalik D3, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve case Z260006 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Tonopah 75”, stamped received May 19, 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 6 pages, stamped received May 29, 2026, except as modified by the following conditions. c. Prior to any ground disturbing activity, an archaeological/historical review shall be completed and submitted to the Arizona State Historic Preservation Office (SHPO). d. 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. e. An Industrial Unit Plan of Development (IUPD) overlay is applied to the site in order to limit entitled IND-2 uses to those acceptable to MCESD for wastewater service via onsite septic systems unless and until the site is connected to a public sewer system. f. The following Engineering conditions shall apply: 1. The site contains areas of regulated floodplains (FEMA Zone AE. Access to the site along McDowell Road will require floodplain disturbance. Any development must comply with the Floodplain Regulations for Maricopa County. 2. 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). 3. 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. 4. 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. 5. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 6. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permit. g. The following Maricopa County Department of Transportation conditions shall apply: 1. The perimeter mid-section and section line alignments of the proposed development requires the setback line to start from a future half street Right-of-Way of 40-feet and 65- feet, respectively, per the Maricopa County Zoning Ordinance Section 805. 2. Any work connecting to or which may impact 355th Avenue may require submittal of a TIA/TIS and/or a MCDOT Right-of-Way Permit to determine any applicable requirements. 3. 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. 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 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. i. 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. j. 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-44-27-017-X-00)

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