Vote: approved

Item Text

13. DYNAMITE FARMS ORGANIC VEGETABLES & PLANTS (Supervisorial District: 4) Case #: Z260021 Applicant and Owner: Paul Thomas, AZBARN, LLC Request: Zone Change from Rural-43 WHSC & C-2 WHSC to C-2 CUPD WHSC Site Location: Generally located approx. ¼ mile NW of 211th Ave. & US 60 (Grand Ave.) in the Wittmann area Commission Recommendation: On 9/10/26, 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 Z260021 subject to conditions ‘a’ to ‘j’: a. A Plan of Development is approved subject to site plan entitled “Dynamite Farm,” consisting of two full-size sheets, dated July 24, 2026, and stamped received July 27, 2026. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established CUPD development standards as approved by the Board of Supervisors. 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 “Dynamite Farm,” consisting of eight pages, and stamped received July 27, 2026, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The site contains an area of regulated floodplain in its southwest corner. Any development/grading in the floodplain will require a floodplain use permit issued concurrent with building permit(s) required for site development. 2. Given the site’s proximity to the US-60, the applicant shall inquire of any concerns with ADOT via their red-letter process (email redletter@azdot.gov). 3. Driveway access to County road(s) will require a permit from MCDOT issued concurrent with building permit(s) required for site development. Drainage flow along the roadway must be maintained. 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 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. 5. 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. 6. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits d. The following C-2 CUPD WHSC standards shall apply but only for a wholesale/retail plant nursery use and ancillary uses: 1. Minimum Parking: 1 Space per 300 SF of Floor Area Dedicated to Office Use. 2. Sight Visibility Triangles: None Required. 3. WHSC Landscape Setback: None Required. e. The CUPD overlay is applied to restrict the use of the site. 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) that can be accommodated by 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. f. 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. g. The owner shall submit construction permits to establish the land use and for site improvements as shown on the site plan and receive final inspection status from Planning & Development Department Inspections Division establishing the use prior to the operation of business. Violation of this condition may be grounds for revocation as set forth in the Maricopa County Zoning Ordinance. h. 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. i. The property owners 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-44-27-032-X-00)

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