Vote: held

Item Text

14. PERRYVILLE INDUSTRIAL (Supervisorial District: 5) Case #: Z260023 Applicant and Owner: Caleb Weeks, BFSO Law / Hardy World LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located south of the southeast corner of Broadway Rd. and Perryville Rd. in the Goodyear Area Commission Recommendation: On 09/10/26, the Commission voted 7-0 (motion by Commissioner Whitney D3, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z260023 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Perryville Industrial”, consisting of 24 pages, dated August 31, 2026, and stamped received August 31, 2026 except as modified by the following conditions. b. If the City of Goodyear requests to annex the property, the property owner will agree to annexation and cooperate in the annexation process, provided that the property will retain the development rights and use permissions existing prior to annexation. c. The following IND-2 IUPD standards shall apply: 1. Min. front setback: 30’ 2. Min. screening: Chain-link or similar fencing adjacent to the railroad and related uses. 3. Min. landscaping: None required within side setbacks. 4. Other landscaping a. A minimum 5-foot-wide landscape planter shall be provided along building walls facing the street, increasing to 10 feet at main entries and office areas to soften the building mass. b. A minimum 30-foot wide landscaped area shall be provided along the site frontage. Any required setback area adjacent to a street must be entirely landscaped, excluding necessary driveways. c. Landscape islands are required at a minimum width of eight (8) feet, containing at least one (1) tree and three (3) shrubs per parking stall length. 5. Uses: a. Shall be limited to only those acceptable to the Planning & Development and Environmental Services departments for wastewater services via onsite septic systems until such time that the site is served by sewer. b. Prohibited uses: I. General Industrial Manufacturing II. Cleaning Plants, including carpets and dyeing III. Utility Treatment and Generating Plants IV. Farms V. Food Production VI. Packing houses, fruits or vegetables VII. Adult Oriented Facilities VIII. Data Centers with or without compensatory power generation d. The site is within the statutorily defined Territory in the Vicinity of a Military Airport. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B). 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. 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. g. The following Planning Engineering conditions shall apply: 1. A plan of development (POD) is required for this development. Grading and drainage plans, drainage report and a traffic impact study is required with the POD. 2. The site is in a Special flood hazard zone AH, therefore, compensatory volume is required when developing within this type of FEMA flood zone. 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 site’s drainage infrastructure. 5. Maricopa County does not supply water, fire or sewer services. It is the applicant/owner’s responsibility to coordinate and secure water, fire and sewer services for this site. Along with emergency vehicle ingress/egress to site and structures. 6. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final drainage report must be submitted with the application for Building Permits. h. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. A Notice of Intent to Discharge application for a septic system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. a) Wastewater is not permitted to discharge to an adjacent parcel’s septic system. b) If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. c) Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). i. The following Maricopa County Department of Transportation (MCDOT) conditions shall apply: 1. Perryville 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 804. 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. c) Dedication shall be completed by time of permit approval. 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. 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) 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. 4. This project is located within or adjacent to a programmed MCDOT Transportation Improvement Program (TIP) Project TT0640 – South Arterials Polymer Modified Preservation. Please coordinate with the assigned MCDOT Project Manager, Jennifer Brown (602-506-8651 or jennifer.brown@maricopa.gov). This may include the necessity of an In-Lieu process for cost share of project and additional Right-of-Way dedication. (C-44-27-031-X-00)

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