CPA2023002 Z2022205 BOS REPORT_PART2.PDF

From:
Jon Fell
To:
Adam Cannon (PND)
Cc:
Bruce Fenske; Anissa Gerard; Gerardo Ramirez
Subject:
Re: CPA2023002 - Comprehensive Plan Amendment for Zachary A. Pebler, PLLC
Date:
Wednesday, March 1, 2023 2:31:10 PM
Attachments:
image001.png
CPA2023002 - SITE-PLAN-CONCEPTUAL.PDF.pdf
Adam,
ADOT has the following comments upon approval of the county's plan amendment:
ADOT will require a full traffic impact analysis (TIA) per ADOT TGP 240.
Intersections of analysis include I-10 and 411 (all directions/both sides), 411 and Indian
School Road/Frontage Road, Indian School Road/Frontage Road and all driveways.
The study should review the existing conditions with a proposed roundabout for the
intermium measure (opening year) and a diverging diamond interchange for the ultimate
measure (20 year).
ADOT is in favor of the Comprehensive Plan Amendment CPA2023002.
These comments above are only preliminary with more to come upon further review of the
requested material above.
Jonathan Fell, PE, PTOE
Assistant District Engineer
ADOT Southwest District
GOOGLE GURU
2243 E Gila Ridge Road
Yuma, AZ 85365
928-317-2160
jfell@azdot.gov
azdot.gov
On Wed, Mar 1, 2023 at 6:54 AM Bruce Fenske <bfenske@azdot.gov> wrote:
For review and comment as needed.
Bruce A. Fenske, P.E.

District Administrator
Southwest District
Tel.       928.317.2138
Mobile  928.210.8882
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Tue, 28 Feb 2023 at 08:10
Subject: CPA2023002 - Comprehensive Plan Amendment for Zachary A. Pebler, PLLC
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good morning all,
 
This e-mail serves as notification of a 2nd Submittal we have received from Zachary A.
Pebler, PLLC for a Comprehensive Plan Amendment to change the land use from Mixed-
Use to Miscellaneous Retail for 411th Ave. & I-10.  Applicable documents for review are
available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx.  You can search for the
case by using the Comprehensive Plan Amendment case number CPA2023002. 
 
Please let me know if you have any questions or concerns.
 
Best regards,
 
 
Adam Cannon, AICP
Senior Planner
PLANNING & DEVELOPMENT
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003
O:   602-372-0292

MARICOPA.GOV
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March 10, 2023
Mr. Adam Cannon
Senior Planner
Maricopa County
301 W. Jefferson St, Suite 170
Phoenix, AZ 85003
Electronically submitted to: Adam.Cannon@maricopa.gov
RE:
Comprehensive Plan Amendment & Zone Change with Overlay, Case No.
CPA2023002 & Z2022205
Dear Mr. Cannon:
The Arizona Game and Fish Department (Department) appreciates the opportunity to review
case numbers CPA20230002 and Z2022205, a Comprehensive Plan Amendment and Rezoning
Request for a parcel 67.18 acres in size located at the northeast corner of 411th Ave and
Interstate 10 in Maricopa County, Arizona. The proposed amendment and rezoning would
change the land use designation from “Mixed-Use” to “Miscellaneous Retail” and the zoning
from Rural 43 “RU-43” to Commercial C-3 CUPD. The Department understands that this is for
the planned development of a travel center with a gas station, truck service building, semi-truck
parking, commercial pads for dining and/or retail options, along with a solar array.
Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona
Game and Fish Commission, has jurisdictional authority and public trust responsibilities to
conserve and protect the state fish and wildlife resources. In addition, the Department manages
threatened and endangered species through authorities of Section 6 of the Endangered Species
Act and the Department’s Section 10(a)(1)(A) permit. It is the mission of the Department to
conserve and protect Arizona's diverse fish and wildlife resources and manage for safe,
compatible outdoor recreation opportunities for current and future generations. For your
consideration, the Department provides the following comments based on the agency's statutory
authorities, public trust responsibilities, and special expertise related to wildlife resources and
recreation.
The Department does not have concerns about the amendment or zone change and offers the
following best management practices, intended to avoid or minimize any impacts that may occur
to wildlife and their habitat when this area is developed:
●
The western burrowing owl, a special status species that is regulated under the Migratory
Bird Treaty Act, may be present within the project area. If suitable habitat for this species is

Comprehensive Plan Amendment & Zone Change with Overlay, Case No. CPA2023002 & Z2022205
March 10, 2023
Page 2
present (i.e. burrows in the ground), the Department recommends following the Burrowing
Owl Project Clearance Guidance for Landowners which can be accessed online through the
1
Department’s website. If an active burrowing owl burrow is detected, please contact the
Department and the U.S. Fish and Wildlife Service for direction, in accordance with the
Burrowing Owl Project Clearance Guidance for Landowners.
●
The Department’s Wildlife Compatible Fencing Guidelines provide information on how
fencing impacts wildlife and ways to design fencing to prevent wildlife entanglement and
impalement. Department personnel are available as resources to help determine appropriate
fencing design and layout to ensure the fence meets its objective while reducing impacts to
wildlife.
●
If trenching will occur for the proposed project, the Department recommends that trenching
and backfilling crews be located close together to minimize the amount of open trenches at
any given time. Where trenches cannot be back-filled immediately, the Department
recommends escape ramps be constructed at least every 90 meters. Escape ramps can be
short lateral trenches or wooden planks sloping to the surface. The slope should be less than
45 degrees (1:1). Trenches that have been left open overnight should be inspected and
animals removed prior to backfilling.
●
The Department recommends minimizing the potential introduction or spread of exotic
invasive species, including aquatic and terrestrial plants, animals, insects, and pathogens.
This can be accomplished by taking precautions to wash and/or decontaminate all equipment
utilized in the project activities before entering and leaving the site. Also, see the Arizona
Department of Agriculture website for a list of prohibited and restricted noxious weeds and
2
the Arizona Native Plant Society for recommendations on how to control them. A great
3
resource to view a list of documented invasive species or to report invasive species in or near
your project area is iMapInvasives , a national cloud-based application for tracking and
4
managing invasive species.
●
The Department would also like to encourage private developers and Maricopa County to use
the Arizona Online Environmental Review Tool administered by the Department’s Heritage
5
Data Management System (HDMS) as part of their standard operating procedure for review
of new construction and development. This tool is a useful resource that provides baseline
information on special status species such as Arizona’s Species of Greatest Conservation
Need and Species of Economic and Recreational Importance. The Department entered this
project as an example (please see the attached HDMS report).
5 https://ert.azgfd.gov/
4 https://imap.natureserve.org/imap/services/page/map.html
3 https://aznps.com/invas
2 https://www.invasivespeciesinfo.gov/unitedstates/az.shtml
1 https://www.azgfd.com/wildlife/speciesofgreatestconservneed/raptor-management/burrowing-owl-mangement/

Comprehensive Plan Amendment & Zone Change with Overlay, Case No. CPA2023002 & Z2022205
March 10, 2023
Page 3
The Department appreciates the opportunity to provide comments and recommendations to avoid
or minimize potential impacts to wildlife and wildlife habitat associated with Case Numbers
CPA2023002 and Z2022205. For further coordination, please contact Teigan Williams at
tstruck@azgfd.gov or 928-341-4069.
Sincerely,
A. Tyler Williford
Habitat, Evaluation, and Lands Program Supervisor - Region IV
cc:
Teigan Williams, Habitat, Evaluation, and Lands Program Specialist - Region IV
AZGFD #M23-02131537

Arizona Environmental Online Review Tool Report
Arizona Game and Fish Department Mission
To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation
opportunities for current and future generations.
Project Name:
411th & I-10W Travel Center
Project Description:
Rezone ~67acres with plans to develop a travel center, commercial lots, and a solar array
Project Type:
Development Outside Municipalities (Rural Development), Commercial/industrial (mall) and associated
infrastructure, New construction
Contact Person:
Teigan Williams
Organization:
Arizona Game and Fish Department
On Behalf Of:
OTHER
Project ID:
HGIS-18383
Please review the entire report for project type and/or species recommendations for the location
information entered. Please retain a copy for future reference.
Page 1 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Disclaimer:
1. This Environmental Review is based on the project study area that was entered. The report must be
updated if the project study area, location, or the type of project changes.
2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge
gained by having a biologist conduct a field survey of the project area. This review is also not intended to
replace environmental consultation (including federal consultation under the Endangered Species Act),
land use permitting, or the Departments review of site-specific projects.
3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential
distribution of special status species. Arizona is large and diverse with plants, animals, and
environmental conditions that are ever changing. Consequently, many areas may contain species that
biologists do not know about or species previously noted in a particular area may no longer occur there.
HDMS data contains information about species occurrences that have actually been reported to the
Department. Not all of Arizona has been surveyed for special status species, and surveys that have been
conducted have varied greatly in scope and intensity. Such surveys may reveal previously
undocumented population of species of special concern.
4. Arizona Wildlife Conservation Strategy (AWCS), specifically Species of Greatest Conservation Need
(SGCN), represent potential species distribution models for the State of Arizona which are subject to
ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and
the availability of new data will necessitate a refined assessment. 
Locations Accuracy Disclaimer:
Project locations are assumed to be both precise and accurate for the purposes of environmental review. The
creator/owner of the Project Review Report is solely responsible for the project location and thus the correctness
of the Project Review Report content.
Page 2 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Recommendations Disclaimer:
1. The Department is interested in the conservation of all fish and wildlife resources, including those
species listed in this report and those that may have not been documented within the project vicinity as
well as other game and nongame wildlife.
2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes
Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation).
3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations
generated from information submitted for your proposed project. These recommendations are preliminary
in scope, designed to provide early considerations on all species of wildlife.
4. Making this information directly available does not substitute for the Department's review of project
proposals, and should not decrease our opportunity to review and evaluate additional project information
and/or new project proposals.
5. Further coordination with the Department requires the submittal of this Environmental Review Report with
a cover letter and project plans or documentation that includes project narrative, acreage to be impacted,
how construction or project activity(s) are to be accomplished, and project locality information (including
site map). Once AGFD had received the information, please allow 30 days for completion of project
reviews. Send requests to:
Project Evaluation Program, Habitat Branch
Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix, Arizona 85086-5000
Phone Number: (623) 236-7600
Fax Number: (623) 236-7366
Or
PEP@azgfd.gov
6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and/or
Endangered Species Act (ESA). Site specific recommendations may be proposed during further
NEPA/ESA analysis or through coordination with affected agencies
Page 3 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Page 4 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Page 5 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Page 6 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Page 7 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Special Status Species Documented within 3 Miles of Project Vicinity
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Heloderma suspectum
Gila Monster
1
Lithobates yavapaiensis
Lowland Leopard Frog
SC
S
S
1
Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/
. 
No Special Areas Detected
No special areas were detected within the project vicinity.
Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on
Predicted Range Models
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Ammospermophilus harrisii
Harris' Antelope Squirrel
Anthus spragueii
Sprague's Pipit
SC
2
Artemisiospiza nevadensis
Sagebrush Sparrow
Athene cunicularia hypugaea
Western Burrowing Owl
SC
S
S
2
Auriparus flaviceps
Verdin
2
Buteo regalis
Ferruginous Hawk
SC
S
2
Calcarius ornatus
Chestnut-collared Longspur
2
Calypte costae
Costa's Hummingbird
2
Campylorhynchus brunneicapillus
Cactus Wren
2
Colaptes chrysoides
Gilded Flicker
S
2
Columbina inca
Inca Dove
2
Empidonax wrightii
Gray Flycatcher
2
Eumops perotis californicus
Greater Western Bonneted Bat
Falco mexicanus
Prairie Falcon
2
Falco sparverius
American Kestrel
2
Gopherus morafkai
Sonoran Desert Tortoise
CCA
S
S
1
Incilius alvarius
Sonoran Desert Toad
2
Lanius ludovicianus
Loggerhead Shrike
SC
2
Lasiurus xanthinus
Western Yellow Bat
S
2
Lithobates yavapaiensis
Lowland Leopard Frog
SC
S
S
1
Macrotus californicus
California Leaf-nosed Bat
SC
S
2
Megascops kennicottii
Western Screech-owl
Melanerpes uropygialis
Gila Woodpecker
2
Melospiza lincolnii
Lincoln's Sparrow
2
Melozone aberti
Abert's Towhee
S
2
Micrathene whitneyi
Elf Owl
Myotis velifer
Cave Myotis
SC
S
2
Myotis yumanensis
Yuma Myotis
SC
2
Parabuteo unicinctus
Harris's Hawk
2
Page 8 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on
Predicted Range Models
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Passerculus sandwichensis
Savannah Sparrow
2
Perognathus amplus
Arizona Pocket Mouse
2
Pooecetes gramineus
Vesper Sparrow
2
Spizella breweri
Brewer's Sparrow
2
Tadarida brasiliensis
Brazilian Free-tailed Bat
Thomomys bottae subsimilis
Harquahala Southern Pocket Gopher
SC
2
Toxostoma bendirei
Bendire's Thrasher
2
Toxostoma lecontei
LeConte's Thrasher
S
2
Species of Economic and Recreation Importance Predicted that Intersect with Project Footprint as Drawn
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Callipepla gambelii
Gambel's Quail
Odocoileus hemionus
Mule Deer
Pecari tajacu
Javelina
Puma concolor
Mountain Lion
Zenaida asiatica
White-winged Dove
Zenaida macroura
Mourning Dove
Project Type: Development Outside Municipalities (Rural Development), Commercial/industrial (mall) and
associated infrastructure, New construction
Project Type Recommendations:
During the planning stages of your project, please consider the local or regional needs of wildlife in regards to movement,
connectivity, and access to habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding
mates, reduces gene flow, prevents wildlife from re-colonizing areas where local extirpations may have occurred, and
ultimately prevents wildlife from contributing to ecosystem functions, such as pollination, seed dispersal, control of prey
numbers, and resistance to invasive species. In many cases, streams and washes provide natural movement corridors
for wildlife and should be maintained in their natural state. Uplands also support a large diversity of species, and should
be contained within important wildlife movement corridors. In addition, maintaining biodiversity and ecosystem functions
can be facilitated through improving designs of structures, fences, roadways, and culverts to promote passage for a
variety of wildlife. Guidelines for many of these can be found
at: https://www.azgfd.com/wildlife/planning/wildlifeguidelines/.
Consider impacts of outdoor lighting on wildlife and develop measures or alternatives that can be taken to increase
human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine species within project
area, and evaluate proposed activities based on species biology and natural history to determine if artificial lighting may
disrupt behavior patterns or habitat use. Use only the minimum amount of light needed for safety. Narrow spectrum bulbs
should be used as often as possible to lower the range of species affected by lighting. All lighting should be shielded,
canted, or cut to ensure that light reaches only areas needing illumination.
Page 9 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Minimize the potential introduction or spread of exotic invasive species, including aquatic and terrestrial plants, animals,
insects and pathogens. Precautions should be taken to wash and/or decontaminate all equipment utilized in the project
activities before entering and leaving the site. See the Arizona Department of Agriculture website for a list of prohibited
and restricted noxious weeds at https://www.invasivespeciesinfo.gov/unitedstates/az.shtml and the Arizona Native Plant
Society https://aznps.com/invas for recommendations on how to control. To view a list of documented invasive species or
to report invasive species in or near your project area visit iMapInvasives - a national cloud-based application for tracking
and managing invasive species at https://imap.natureserve.org/imap/services/page/map.html. 
To build a list: zoom to your area of interest, use the identify/measure tool to draw a polygon around your area of
interest, and select “See What’s Here” for a list of reported species. To export the list, you must have an
account and be logged in. You can then use the export tool to draw a boundary and export the records in a csv
file. 
 
Minimization and mitigation of impacts to wildlife and fish species due to changes in water quality, quantity, chemistry,
temperature, and alteration to flow regimes (timing, magnitude, duration, and frequency of floods) should be evaluated.
Minimize impacts to springs, in-stream flow, and consider irrigation improvements to decrease water use. If dredging is a
project component, consider timing of the project in order to minimize impacts to spawning fish and other aquatic species
(include spawning seasons), and to reduce spread of exotic invasive species. We recommend early direct coordination
with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and/or
riparian habitats.
The Department recommends that wildlife surveys are conducted to determine if noise-sensitive species occur within the
project area. Avoidance or minimization measures could include conducting project activities outside of breeding
seasons.
Based on the project type entered, coordination with State Historic Preservation Office may be required
(https://azstateparks.com/).
Trenches should be covered or back-filled as soon as possible. Incorporate escape ramps in ditches or fencing along the
perimeter to deter small mammals and herpetofauna (snakes, lizards, tortoise) from entering ditches.
Communities can actively support the sustainability and mobility of wildlife by incorporating wildlife planning into their
regional/comprehensive plans, their regional transportation plans, and their open space/conservation land system
programs. An effective approach to wildlife planning begins with the identification of the wildlife resources in need of
protection, an assessment of important habitat blocks and connective corridors, and the incorporation of these critical
wildlife components into the community plans and programs. Community planners should identify open spaces and
habitat blocks that can be maintained in their area, and the necessary connections between those blocks to be preserved
or protected. Community planners should also work with State and local transportation planning entities, and planners
from other communities, to foster coordination and cooperation in developing compatible development plans to ensure
wildlife habitat connectivity. The Department's guidelines for incorporating wildlife considerations into community
planning and developments can be found on the Wildlife Friendly Guidelines portion of the Wildlife Planning page at 
https://www.azgfd.com/wildlife/planning/wildlifeguidelines/.
Based on the project type entered, coordination with Arizona Department of Environmental Quality may be required
(http://www.azdeq.gov/).
Based on the project type entered, coordination with Arizona Department of Water Resources may be required
(https://new.azwater.gov/).
Based on the project type entered, coordination with U.S. Army Corps of Engineers may be required
(http://www.usace.army.mil/)
Page 10 of 11

Arizona Game and Fish Department
project_report_411th_i_10w_travel_center_57639_59420.pdf
Project ID: HGIS-18383
Review Date: 2/10/2023 04:47:46 PM
Based on the project type entered, coordination with County Flood Control district(s) may be required.
Development plans should provide for open natural space for wildlife movement, while also minimizing the potential for
wildlife-human interactions through design features. Please contact Project Evaluation Program for more information on
living with urban wildlife at PEP@azgfd.gov or
at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/ and https://www.azgfd.com/Wildlife/LivingWith.
The Department requests further coordination to provide project/species specific recommendations, please
contact Project Evaluation Program directly at PEP@azgfd.gov. 
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