Vote: held

Item Text

10. HASSAYAMPA DISTRIBUTION CENTER (Supervisorial District: 4) Case #: Z260008 Applicant and Owner: Ed Reichenberg, RAP LLC / LKJM LLC- KLT LLC-JAB-Kids LLC Request: Zone change with overlay from Rural-43 to IND-2 IUPD Site Location: Generally located 683’ east of the SEC of 339th Ave. and Roosevelt St. in the Tonopah 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 Z260008 subject to conditions ‘a’-‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Hassayampa Distribution Center“, consisting of one full-size sheets, dated June 19, 2026, and stamped received June 23, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Hassayampa Distribution Center”, consisting of nine pages, dated June 14, 2026, and stamped received June 23, 2026, except as modified by the following conditions. c. Any development on this site shall abide by all requirements, studies, or provisions required from the Arizona Game & Fish Department. 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. All plan of developments on this site shall provide a will serve letter from APS or other electric company that services this area. f. The following IND-2 IUPD development standards shall apply: 1. All IND-2 development standards shall apply. 2. There shall be no overnight accommodations other than on the 13.5 acres of the commercial portion of the site. 3. Permitted uses: The IUPD zoning 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. If the service is provided by a water and sewer company then a will serve letter from that company shall be provided on any plan of developments on this site. 4. Prohibited uses: adult-oriented businesses, nightclubs, marijuana establishments/ cultivation facilities, and/or residential uses. g. The following Planning Engineering conditions shall apply: 1. Any new site improvements shall require a Plan of Development with an engineered grading and drainage plan and traffic impact study. 2. The site contains areas of regulated floodplains (FEMA Zone AE/FW). Any development must comply with the Floodplain Regulations for Maricopa County. Re-delineation of the floodplain shall require CLOMR/LOMR processed by the County Flood Control District. 3. Since 339th Ave. is classified as an urban principal arterial requiring fee dedication of a 65-foot half street from the section line as per the Maricopa County Zoning Ordinance Section 804. It is the developer’s responsibility to determine if the existing right-of-way is fee simple, if not then the developer will need to provide the right-of-way in said form. The developer must provide, at applicant’s expense, an Americal Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. Dedication shall be completed by time of permit approval or after six months after Board of Supervisors’ approval if no MCDOT or P&D Permit is required. 4. All utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation shall be indicated on future site plans. 5. Dedication of roadway right-of-way may be required along Roosevelt St. along the north site boundary and 331st Ave. along the east site boundary with half-widths of 40’ based on the classification of these roadways as collector streets, determined by MCDOT during the plan of development phase and these rights-of-ways shall be reserved on this site. 6. Given the site’s proximity to Interstate-10, the applicant shall inquire on how this development will impact the highway via the ADOT’s red-letter process via their link: redletter@azdot.gov. 7. Without the submittal of a plan of development, no development approval will be inferred by the engineer review, including, but not limited to drainage design, access, and roadway 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. 8. 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 of plan of developments and applications for construction. 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 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. 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-44-27-036-X-00)

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