Vote: approved

Item Text

6. BROADWAY AUTO SALVAGE & RECYCLING REZONING (Supervisorial District: 5) Case #: Z260010 Applicant and Owner: Kurt Waldier / Moe Lathgani Request: Zone Change from Rural-43 & IND-3 to IND-3 IUPD Site Location: Generally located at the NEC of Broadway Rd. and 43rd Ave. alignment in the south Phoenix / Laveen area Commission Recommendation: On 8/6/26, the Commission voted 7-0 (motion by Commissioner Rochwalik D3, seconded by Commissioner Whitney D3) to adopt a motion recommending the Board of Supervisors approve case Z260010 subject to conditions ‘a’ to ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “POD for Auto Salvage & Recycling“, consisting of 2 full-size sheets, dated & stamped received June 1st, 2026, except as modified by the following conditions. b. The Development of the site shall be in substantial conformance with the Narrative Report entitled “Maricopa County Zone Change Request Broadway Auto Salvage & Recycling”, consisting of 5 pages, dated May 29, 2026, and stamped received June 1, 2026, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Approval of this case applies to the Zone change only. See Plan of Development case PD250055 for determination and stipulations relating to the Plan of Development. 2. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 905 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. 3. 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 site’s drainage infrastructure. d. The following IND-3 IUPD standards shall apply: 1. Minimum Site Screening: 6’ high metal panel wall 2. Minimum Loading / Unloading Spaces: Waived 3. Maximum Number of Driveways: 11 Existing curb cut entrances along Broadway Rd. as approved by City of Phoenix 4. Minimum Paving: Gravel for driveways that do not receive the public, otherwise a dust control plan acceptable to the Maricopa County Air Quality Department shall be allowed. 5. Permitted Uses: Until such time as the site is served by sewer, uses are limited to automobile salvage and recycling, and other uses acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by on-site septic systems. e. 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. f. 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. g. 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. h. 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. i. Prior to 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 Plan of Development 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. j. All outdoor lighting shall comply with Section 812 of the Maricopa County Zoning Ordinance Outdoor Light Control Provisions. (C-44-27-026-X-00)

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