Vote: approved

Item Text

17. BELMONT 4 (Supervisorial District: 4) Case #: Z260020 Applicant and Owner: Lindsay Schube, Gammage & Burnham, PLC / Belmont Infraco LLC Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located North of Indian School Rd. on both sides of 355th Ave. in the Tonopah area. Commission Recommendation: On 9/24/26, the Commission voted 7-0 (motion by Commissioner Leighton D4, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z260020 subject to conditions ‘a’ to ‘k’: a. Development of the site shall be in substantial conformance with the Zoning exhibit entitled “Belmont 4 Site“, consisting of 1 full-size sheet, dated August 21, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Belmont 4 Site Narrative”, consisting of 19 pages, dated August 21, 2026, except as modified by the following conditions. c. A public or private water system and public or private sewer system shall be required to be approved by Maricopa County prior to establishment of any non-residential use that requires potable water. d. The following IUPD standards shall apply: 1. Maximum Height: Commercial - 60 feet, Hospitality - 60 feet, Industrial - 80 feet, Energy Production - 150 feet. 2. Maximum lot coverage: 75% ; Solar panels, battery storage containers, or ancillary electric generation structures shall not contribute to lot coverage calculations. 3. Minimum Loading & Unloading: 1 loading and unloading space for each 10,000 square feet of industrial floor area. 4. 1 loading and unloading space for each 250,000 square feet of data center floor area. 1 loading and unloading space for every 25,000 square feet of commercial floor area. 5. Minimum Site enclosure & screening: A solid masonry wall or privacy fence not less than six feet in height shall be required to screen industrial outdoor uses only when adjacent to residential zoning or streets. 6. Minimum Parking: Per Section 802 except for the following: Data Center: 1 space per 10,000 sf. 7. Permitted uses: Per Section 601; except that: i. 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) and Maricopa County Planning & Development Department that can have wastewater disposal accommodated via onsite septic systems.; and ii. In accordance with the “Employment Center Development Area” described in the narrative report referenced in condition ‘a’, that within one-quarter (1/4) mile of the final alignment of the I-11 freeway corridor (measured from the ultimate right-of-way), uses shall be limited to logistics, manufacturing, warehousing, distribution, and employment-generating uses; and iii. That outdoor heavy industrial uses shall be prohibited from within the same area described in condition ‘d.7.ii’. 8. No build buffer: A minimum 100-foot-wide landscaped setback incorporating berms, native vegetation, and other screening elements designed to provide visual separation from the perimeter boundary of the IUPD zoning boundary adjacent to existing residential uses at time of development as shown on the No Build Buffer Exhibit. e. The following engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development (that will require an engineered Grading and Drainage Plan) and a Traffic Impact Study. 2. 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 review. 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 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. 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. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. f. The following MCDOT conditions shall apply: 1. The three items below require, 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. i. 355th Avenue 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. ii. Camelback Road is classified as an urban parkway requiring preservation of a 100-foot half street from the section line per the Maricopa County Zoning Ordinance Section 805. iii. Cambell Avenue is classified as a rural major collector requiring fee dedication of a 40-foot half street from the mid-section line per the Maricopa County Zoning Ordinance Section 804. 2. 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. 3. Dedication shall be completed by time of permit approval or after 6 months after BOS Approval if no MCDOT or PND permit is required. 4. 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. 5. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. 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 6. A mid-section line alignment is located 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 per the Maricopa County Zoning Ordinance Section 805. 7. Applicant to notify ADOT of proposed project through the Red-Letter Process, RedLetter@azdot.gov, due to the proximity to the future Hassayampa Freeway. g. Unless waived or modified by the County at time of subsequent development applications, the applicant or developer shall document implementation of the best practices and any recommendations by the Arizona Game and Fish Department (AGFD) related to habitat and wildlife resources. Should the Zoning Inspector and/or their designee decide that the owner or developer has not substantially undertaken these best practices in good faith, the owner or developer shall not receive final permits or certificate of occupancy until the best practices are implemented. h. 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. i. 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-44-27-033-X-00)

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