CPA2023002 Z2022205 BOS REPORT_PART1.PDF
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May 24, 2023
CPA2023002 & Z2022205
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
May 24, 2023
Case #/Title:
CPA2023002/Z2022205 – 411th Ave. & I-10
Supervisor District:
5
Applicant/Owners:
Zachary A. Pebler, PLLC / Amrit & Avijot Land, LLC & Manmohan
Brar
Requests:
1) General Comprehensive Plan Amendment (CPA) to change the
land use designation in the Tonopah/Arlington Area Plan from
Mixed-Use to Miscellaneous Retail. CPA case approval is by
Resolution.
2) Zone Change with Overlay from Rural-43 to C-3 CUPD
Site Location:
Generally located at the NEC of 411th Ave. and I-10
Site Size:
Approx. 67.18 acres
County Island Status:
N/A
Additional
Comments:
The applicant seeks a CPA and Zone Change to allow for the
development of a future truck stop and/or commercial storage
uses. The Miscellaneous Retail land use designates stand-alone
commercial uses that do not meet any other commercial land use
category and are intended to serve local or community needs. The
Comprehensive Plan does not specify an appropriate or ideal
zoning district for this designation, but states that the least
intensive zoning should be applied to meet requirements. In this
case, in order to allow the truck stop use, C-3 zoning must be
applied; however, it has been limited to select uses that can be
operated on septic and well with the exception that the truck stop
and its accessory uses require a public water and wastewater
system.
Staff routed the request to various external agencies including Luke
Air Force Base, Department of Transportation (ADOT), Game and
Fish (AZGFD) and the State Historic Preservation Office (SHPO).
AZGFD commented stating that there are no concerns and
recommended various best practices for implementation during
construction if the site develops. ADOT sent comments supporting
the proposal and stated that they will require a full traffic analysis
May 24, 2023
CPA2023002 & Z2022205
Page 2 of 4
and analysis of the intersections of I-10 and 411th Avenue, 411th
and Indian School Road/Frontage Road and all driveways.
Additionally, ADOT noted that the study should review existing
conditions with a proposed roundabout for opening year and a
diverging diamond interchange by the twentieth year. The applicant
held a virtual public meeting with questions from neighboring
landowners attending the meeting focused on elements of the
County process for CPA’s and zone changes, the conceptual solar
farm and uses permitted in the C-3 CUPD zoning district. Staff
received no letters of opposition or support. CPA case approval is
by Resolution, attached.
Commission
Recommendation (Two Motions):
On 4/20/23, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve CPA2023002.
On 4/20/23, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve Z2022205
subject to conditions ‘a’ – ‘n’:
a.
Development of the site shall be in conformance with the Zoning Exhibit entitled “411th
Ave and I-10 Zoning Exhibit“, consisting of 1 page, dated January 19, 2023, and stamped
received February 15, 2023, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Project Narrative”, consisting of 8 pages, dated February 15, 2023, and stamped
received February 15, 2023, except as modified by the following conditions.
c.
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.
d.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed buildings, site
layout, drainage 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.
2. A traffic impact study must be submitted with future entitlement (POD) application(s).
3. Right-of-way dedication (TBD along 411th Ave.; and 40’ along the northern and eastern
tract boundaries) may be required as part of future entitlement(s) (POD).
4. Compliance with any ADOT requirements is required.
May 24, 2023
CPA2023002 & Z2022205
Page 3 of 4
5. Disturbance to floodplains (FEMA Zone A) will require procurement of a floodplain use
permit concurrent with required building permit(s).
6. Engineering review of re-zone cases is conceptual in nature. 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.
e.
The CUPD overlay is applied to restrict the use of the site. The C-3 CUPD zoning district
shall limit the use of the site to automobile service only, equipment rentals and sales, but
not including equipment customarily used for heavy construction; Landscape material
sales provided all incidental equipment and supplies, including fertilizer and empty cans,
are kept within a completely enclosed building or within an area enclosed on all sides by
a solid fence or wall at least six feet in height, and no goods, materials or objects are
stacked higher than the fence or so erected; Commercial storage of mobile and
manufactured homes, travel trailers, recreational vehicles and boats; Truck stops, with
customary accessory facilities including restaurant, gasoline service stations,
convenience retail, truck-wash, and minor repair facilities provided all incidental repair
work is conducted wholly within a completely enclosed building and space required for
such repair work does not constitute more than 60% of the floor area; Drive-thru
restaurants and refreshment stands; Feed stores, inside storage only; Gas (butane or
propane), retail sales of; Restaurants and cafes, including patios, cocktail lounges, and
outside dining and drinking areas; Self-storage facilities; Accessory buildings and uses
customarily incidental to the above uses including a solar field providing energy
exclusively to a truck stop and its customary accessory facilities. Until such time as the
site is served by sewer and water, of the uses permitted, the uses on site shall only be
those acceptable to the Maricopa County Environmental Services Department (MCESD)
that can be accommodated by septic and well. A public water system and wastewater
treatment shall be required prior to establishment of any use that requires potable water.
f.
The developer shall address all requirements of ADOT as per the e-mail dated March 1,
2023 prior to issuance of construction permits.
g.
The Owner or Developer shall address all recommendations of the Arizona Game and Fish
Department (AZGFD) included in the letter dated March 10, 2023, prior to issuance of the
initial construction permit.
h.
All outdoor lighting shall be designed as recommended by the International Dark-Sky
Association and shall be in compliance with Section 1112 of the Maricopa County Zoning
Ordinance.
i.
Prior to issuance of the initial 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.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance requirements.
May 24, 2023
CPA2023002 & Z2022205
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k.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and
ARS § 11-814 for six (6) years within which time a Plan of Development and initial
construction permit must be obtained.
l.
Noncompliance with the conditions of approval will be treated as a violation in accordance
with the Maricopa County Zoning Ordinance, and may be grounds for further action,
including zoning revocation, by the Maricopa County Board of Supervisors.
m.
Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this Zone Change as set forth in the
Maricopa County Zoning Ordinance.
n.
The granting of this Zone Change has been at the request of the applicant, with the
consent of the landowner. The granting of this approval allows the property owner to
enjoy uses in excess of those permitted by the land use existing on the date of the
application, subject to conditions. In the event of the failure to comply with any condition
of approval, the property shall change to the land use designation that existed on the date
of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due
to such revocation. The Zone Change enhances the value of the property above its value
as of the date the Zone Change is granted and changing to the prior land use designation
results in the same value of the property as if the Zone Change had never been granted.
Presented by:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
4/20/23 P&Z Packet (68 pages)
Resolution (2 pages)
Note:
4/20/23 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
CPA2023002 & Z2022205
Page 1 of 13
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Cases:
CPA2023002 & Z2022205 – 411th Ave. & I-10
Hearing Date:
April 20, 2023
Supervisor District:
5
Applicant:
Zachary A. Pebler, PLLC
Owners:
Amrit & Avijot Land, LLC & Manmohan Brar
Requests:
1) General Comprehensive Plan Amendment (CPA) to change the land use
designation in the Tonopah/Arlington Area Plan from Mixed-Use to
Miscellaneous Retail
2) Zone Change with Overlay from Rural-43 to C-3 CUPD
Site Location:
Generally located at the NEC of 411th Ave. and I-10
Site Size:
Approx. 67.18 acres
Density:
N/A
County Island:
No
County Plan:
Tonopah/Arlington Area Plan – Mixed-Use
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None received to date
Recommendations:
1) Approve
2) Approve with conditions
CPA2023002 & Z2022205
Page 2 of 13
Project Summary:
1.
The applicant is requesting a Comprehensive Plan Amendment (CPA) to change the land use
designation in the Tonopah-Arlington Area Plan from Mixed-Use to Miscellaneous Retail. In
addition to the CPA proposal, the applicant is requesting a Zone Change with Overlay from Rural-
43 to C-3 CUPD. The subject site is approximately 67.18 acres.
2.
The subject property is undeveloped. The CPA is being requested to allow the applicant to seek
zoning for stand-alone commercial uses such as a truck and travel center with associated retail
and food and beverage establishments. The zoning is also being requested to allow for additional
miscellaneous commercial uses that do not require sewer service. A Plan of Development is not
proposed at this time, but the applicant presented to staff a conceptual plan including a travel
center with fueling stations, truck parking, truck charging station, commercial pad and accessory
solar farm.
Exhibit 1 – Conceptual Site Plan
CPA2023002 & Z2022205
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3.
Primary access is available from 411th Avenue with the potential for a secondary access on either
411th Avenue or the I-10 Frontage Road. ADOT supports the proposal and stated that they will
require a full traffic analysis and analysis of the intersections of I-10 and 411th Avenue, 411th and
Indian School Road/Frontage Road and all driveways. Additionally, ADOT noted that the study
should review existing conditions with a proposed roundabout for opening year and a diverging
diamond interchange by the twentieth year.
4.
The subject property is within the Global Water service area; however, no sewer service is
available to the site at this time. For water, the developer will likely need to work with Global Water
to develop a well site north of the subject property or otherwise develop a public water system
and new source approval. A public wastewater system will be required to serve a potential travel
center, retail and restaurants that develop. Fire service is provided by Arizona Fire and Medical
Authority. A future Plan of Development will require a precise plan demonstrating emergency or
secondary access to the site for fire service with fire code related matters being resolved during
construction permitting.
5.
The narrative provided for CPA2023002 asserts that the proposed development meets the
Comprehensive Plan Amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is
not solely for the good or benefit of a particular landowner or owners at a particular point in time.
The applicant states in their narrative that the amendment will be an overall improvement to the
Comprehensive Plan because the Miscellaneous Retail designation will allow for uses to develop
that generate substantial sales tax revenue to the state and permanent jobs. The applicant states
that a truck stop, fast food restaurants and full-service restaurant could potentially generate
between fifteen and forty million in revenue annually based upon a report from Forbes. Based
upon a market research report from IBIS World, the applicant also estimated that thirty (30) to
fifty (50) jobs could be created from a truck stop with associated accessory retail and food and
beverage establishments.
Whether the amendment will adversely impact all or a portion of the planning area.
A.
Altering acceptable land use patterns to the detriment to the plan.
The applicant states that the land use patterns in the planning will not be altered because
only 4% of the land (approximately 1,700 acres) designated as Mixed-Use in the
Tonopah/Arlington Area Plan will be altered as a result of the change and that the zoning
sought under this designation will allow for uses similar to surrounding uses.
B.
Requiring public expenditures for larger and more expensive public improvements to roads,
sewer, or water systems that are needed to support planned land uses.
All costs associated with any larger or more expensive infrastructure required as a result
of the site shall be borne by the developer.
C.
Requiring public improvements to roads, sewer, or water systems that are needed to
support planned land uses.
All roads, water, sewer and other public infrastructure costs associated with the
development shall be borne by the developer.
CPA2023002 & Z2022205
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D.
Adversely impacting planned uses because of increased traffic.
The narrative states that the proposed CPA will help increase traffic safety and provides
several data points from various studies to demonstrate the safety achieved through a
designation that allows zoning for uses such as a truck stop or travel center. The applicant
notes that I-10 is a heavily trafficked distribution corridor and that the portion of I-10 south
of the subject property accommodates around 50,000 vehicles daily (per ADOT’s 2019
Interstate 10 Western Connected Freight Corridor, Volume 1: Improvement Strategies). Of
the Annual Average Daily Traffic (AADT) for this portion of Interstate 10, between 16%
(8,000) and 30% (15,000) of these vehicles are semitrucks. The applicant notes that long
haul driving is grueling work, requiring mandatory rest and breaks as a safety measure.
The Large Truck Crash Causation Study (LTCCS), performed by the Federal Motor Carrier
Safety Administration (FMCSA) and the National Highway Traffic Safety Administration
(NHTSA), concluded approximately 13% of all truck accidents were associated with driver
fatigue and noted that drivers reach their hourly driving limit for the day, they must find
designated parking accommodations or simply stop on the side of the road/interstate.
Parking on the side of road is very dangerous for both the parked driver and moving traffic.
The narrative notes that proposed truck-specific land uses provide all the
accommodations necessary to for drivers to rest, refuel, recharge, and continue
performing their jobs in the safest way possible.
E.
Affecting the livability of the area or the health or safety of present and future residents.
The applicant notes that their proposal will comply with all necessary safety and health
protocols and have no negative social, visual, traffic, air quality, water quality impacts or
other adverse impacts with a negative effect on the livability, health or safety of the area.
F.
Adversely impacting the natural environment or scenic quality of the area in contradiction
of the plan.
The applicant’s narrative states that any development will adhere to any regulations
associated with the Arizona Game and Fish Department (AZGFD) and Arizona State
Historic Preservation Office (AZSHPO). The developer will coordinate with state agencies
regarding any comments received at the time of construction permitting. The applicant
also notes any plants will be salvaged, relocated or removed in adherence to native plant
laws. The development is not expected to have an impact on surrounding views and the
applicant noted no known substantial flood zones, historic washes or natural water
systems on the subject property.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The narrative notes consistency with the intent of the Comprehensive Plan by stating that
modifying the subject property’s land use designation only reduces the amount of land
designated Mixed-Use by less than four percent and that there is a large portion still available for
future mixed-use development.
The extent to which the amendment is consistent with the specific goals and policies contained
within the plan.
CPA2023002 & Z2022205
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The narrative states that the subject site meets the following goals and policies of the
Tonopah/Arlington Area Plan and Vision 2030 Maricopa County Comprehensive Plan. The
applicant’s narrative report provides details about how this project intends to meet these goals
and policies.
Tonopah Arlington Area Plan
Land Use Element – Goal, Objective L.1.a., Objective L.3.a.
Transportation Element – Goal, Objective T.1
Environment Element – Goal, Objective 1, Objective 2, Objective 3, Objective 4
Economic Development Element – Goal, Objective 1, Policy ED1.4, Policy ED1.7
Vision 2030 Maricopa County Comprehensive Plan
Land Use Element – Goal 1, Policy 15
Transportation Element – Goal 2, Goal 4, Policy 2, Policy 9
Environment Element – Goal 1, Policy 2
Economic Growth Element – Goal 1, Policy 6
Energy Element – Goal 1, Goal 3, Goal 4, Policy 2, Policy 4, Policy 7
Cost of Development Element – Goal 2, Policy 1
CPA2023002 & Z2022205
Page 6 of 13
6.
The subject property is currently zoned Rural-43. The applicant is proposing only to allow uses
associated with the truck stop, accessory uses and other stand-alone uses that do not require
sewer service. The applicant is not requesting to vary development standards at this time. The
existing standards for the C-3 zoning district and proposed C-3 CUPD zoning district are listed
below:
REGULATION
BASE ZONING DISTRICT
REGULATIONS (C-3)
PROPOSED ZONING
REGULATIONS (C-3 CUPD)
Height
40’
40’
Min. Front Yard
25’
25’
Min. Side Yard
10’
10’
Min. Street-side Yard
10’
10’
Min. Rear Yard
25’ (abutting rural or residential)
25’ (abutting rural or residential)
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Parking
1 per 250 sq. ft. of floor area
1 per 250 sq. ft. of floor area
Screening/Buffering
6’ solid masonry wall adjacent to or
abutting any rural or residential zone
boundary
6’ solid masonry wall adjacent to or abutting
any rural or residential zone boundary
Landscaping
5’ landscaping strip required along road
frontages
5’ landscaping strip required along road
frontages
Sight Visibility Triangles
Required. Driveways and Parking are not
permitted within SVTs
Required. Driveways and Parking are not
permitted within SVTs
Sign Regulations
Chapter 14, Section 1401 & 1403 of
MCZO
Chapter 14, Section 1401 & 1403 of MCZO
Permitted Uses
All uses permitted by right in a C-3
zoning district
The following uses shall be the only uses permitted:
Automobile service only, Equipment rentals and
sales, but not including equipment customarily used
for heavy construction; Landscape material sales
provided all incidental equipment and supplies,
including fertilizer and empty cans, are kept within
a completely enclosed building or within an area
enclosed on all sides by a solid fence or wall at least
six feet in height, and no goods, materials or objects
are stacked higher than the fence or so erected;
Commercial storage of mobile and manufactured
homes, travel trailers, recreational vehicles and
boats; Truck stops, with customary accessory
facilities including restaurant, gasoline service
stations, convenience retail, truck-wash, and minor
repair
facilities;
Drive-thru
restaurants
and
refreshment stands; Feed stores, inside storage
only; Gas (butane or propane), retail sales of;
Restaurants and cafes, including patios, cocktail
lounges, and outside dining and drinking areas;
Self-storage facilities; Accessory buildings and
uses customarily incidental to the above uses
including a solar field providing energy exclusively
to a truck stop and its customary accessory
facilities.
CPA2023002 & Z2022205
Page 7 of 13
Exhibit 2 – 2023 Aerial Map
Exhibit 3 – Rural-43 Zoning District & Surrounding Districts
CPA2023002 & Z2022205
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Exhibit 4 – Land Use Exhibit
Exhibit 5 – Zoning Exhibit Excerpt
CPA2023002 & Z2022205
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Existing On-Site and Adjacent Zoning / Land Use:
7.
On-site:
Rural-43 / Vacant
North:
Rural-43 / Vacant
South:
Rural-43 & C-2 / Commercial
East:
Rural-43 / Vacant
West:
Rural-43 & C-3 / Vacant
Utilities and Services:
8.
Water:
Global Water
Wastewater:
Septic or Public System (for certain uses)
Electric:
APS
School Districts:
Saddle Mountain Unified School District #90
Buckeye Union High School District #1
Fire:
Arizona Fire & Medical Authority (AFMA)
Police:
Maricopa County Sheriffs Office (MCSO)
Right-of-Way:
9.
The following table includes existing and future right-of-way and the future classification based
upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes
Plan.
Street Name
Existing ½ R/W
Future R/W
Existing Classification
411th Avenue
40’-60’ (Varies)
TBD
Parkway
Adopted Plan:
10.
Tonopah/Arlington Area Plan (Adopted 2000): The land use of the site is designated as Mixed-
Use which denotes areas for the location of major employment centers that have minimal
impacts on surrounding areas outside of increased traffic demands. Uses permitted in this
category would include offices, light industrial parks, business parks, research parks, government
facilities, post-secondary educational facilities, hospitals and major medical facilities and
residential/retail uses. Access to a principal arterial or freeway will be required. Noise, vibration,
smoke, dust, odor, heat or glare shall be controlled and not permitted off-site. Urban services are
available or will be provided. A public water system and wastewater system will be required for
development. Staff notes that the Tonopah/Arlington Area Plan specifically states that Mixed-
Use development at 411th Avenue should include a residential component.
Public Participation Summary:
11.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners and HOA’s
within 300’ of the subject parcel and notification to interested parties. Signs were posted on site
in accordance with applicable regulations. Staff received a Public Participation Results Report in
accordance with County requirements.
12.
The applicant held a virtual public meeting on January 18, 2023. According to the Results Report,
six (6) neighboring landowners attended the meeting. Questions from neighboring landowners
attending the meeting focused on elements of the County process for CPA’s and zone changes,
CPA2023002 & Z2022205
Page 10 of 13
the conceptual solar farm and uses permitted in the C-3 CUPD zoning district. Follow-up
communication primarily focused on private intrigue about development of the corridor and
concerns about land speculation. A neighboring landowner with commercial zoning wanted a
guarantee that the property would develop under the uses proposed, but felt that the conditional
zoning timeframe recommended by Staff is lengthy. The applicant explained that utility services
will need to be extended from Global Water and that securing the authorization for that service or
developing a public water system will take time. Additionally, the neighboring landowner
requested that commercial storage of aircraft, mobile homes, manufactured homes, travel
trailers, recreational vehicles and automobiles be removed from the list of proposed uses. The
applicant tentatively agreed to remove storage of aircraft, mobile homes and manufactured
homes in exchange for support, but did not receive a follow-up communication and elected to
retain those uses in their proposal.
13.
To date, Staff has not received any letters in opposition from members of the public.
14.
As noted above, ADOT sent comments supporting the proposal and stated that they will require
a full traffic analysis and analysis of the intersections of I-10 and 411th Avenue, 411th and Indian
School Road/Frontage Road and all driveways. Additionally, ADOT noted that the study should
review existing conditions with a proposed roundabout for opening year and a diverging diamond
interchange by the twentieth year.
15.
Staff routed the request to various external agencies including Luke Air Force Base, ADOT, AZGFD
and AZSHPO. Only AZGFD commented stating that there are no concerns. AZGFD recommended
various best practices for implementation during construction if the site develops.
Outstanding Concerns from Reviewing Agencies
16.
N/A
Staff Analysis:
17.
Staff supports the requests for a Comprehensive Plan Amendment and Zone Change. The
proposed land use designation of Miscellaneous Retail is appropriate for the site at the I-10 and
411th Avenue interchange. Since the adoption of the Tonopah/Arlington Area Plan in 2000, the
overarching Vision 2030 Maricopa County Comprehensive Plan established new land use
designations for commercial uses. The uses conceptualized by the applicant fall under the
Miscellaneous Retail designation which designate stand-alone commercial uses that do not meet
any other commercial land use category and are intended to serve local or community needs.
Staff notes the Tonopah/Arlington area plan specifically states that this node should favor
commercial uses and noted several existing commercial businesses within the node including
Tonopah Joe's, Alice Truck Stop/Restaurant, Woody's Chevron/Mini Mart, Minute Mart/Texaco
and Carillo Tire Service. The original use designation of Mixed-Use assumes that a residential
component will develop. At this time urban services (sewer, in particular) are not sufficiently
available for such residential. The proposed Miscellaneous Retail designation can accommodate
zoning for commercial uses without encouraging residential development.
18.
The request is consistent with and meets the goals and policies of the Comprehensive Plan.
Staff’s position is that this project, as proposed and as governed by the recommended conditions,
represent proper long-term land use planning in the region and for Maricopa County as a whole.
CPA2023002 & Z2022205
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19.
Under the Miscellaneous Retail designation, the Comprehensive Plan does not specify an
appropriate or ideal zoning district, but states that the least intensive zoning should be applied to
meet requirements. The applicant requested C-3 CUPD zoning which can allow the potential for
service-intense uses. Staff notes that while the subject property is within the service area for
Global Water, such service will need to be developed north of I-10 prior to the establishment of
intensive uses. It is for this reason, Staff requested that site uses be limited in the C-3 CUPD
zoning district to stand-alone uses similar to surrounding uses or uses that can be operated with
basic well and septic service. The nearby commercial zoning provides evidence that commercial
is compatible to the area, but the C-3 zoning to the west is not ideal for intense uses without
services. This is why a limited and equitable C-3 CUPD zoning district is supportable until such
services are available. Additionally, Staff finds that should a travel center/truck stop develop, the
area will benefit from job growth and the state will benefit from sales tax generated by the revenue
produced. Staff notes that the applicant has conceptually proposed an accessory solar farm to
serve the site exclusively. Any utility-scale solar operation where power is purchased and
transmitted to other property owners or sent to the grid after purchase by a power company would
only be permitted in an IND-2 and IND-3 zoning districts.
20.
Staff notes that ADOT supports the proposal and is requesting further analysis and future
development of the I-10/411th Avenue interchange. Recommendations noted by AZGFD will be
required to be addressed at the time of construction permitting.
Recommendations (Two Motions – CPA2023002 & Z2022205):
21.
For the reasons outlined in this report, Staff recommends the Commission adopt a motion that
the Board of Supervisors Approve CPA2023002.
22.
For the reasons outlined in this report, Staff recommends the Commission adopt a motion that
the Board of Supervisors Approve Z2022205, subject to conditions ‘a’ – ‘n’:
a.
Development of the site shall be in conformance with the Zoning Exhibit entitled “411th
Ave and I-10 Zoning Exhibit“, consisting of 1 page, dated January 19, 2023, and stamped
received February 15, 2023, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Project Narrative”, consisting of 8 pages, dated February 15, 2023, and stamped
received February 15, 2023, except as modified by the following conditions.
c.
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.
d.
The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed buildings, site
layout, drainage design, access and roadway alignments. These items will be
CPA2023002 & Z2022205
Page 12 of 13
addressed as development plans progress and are submitted to the County for further
review and/or entitlement.
2. A traffic impact study must be submitted with future entitlement (POD) application(s).
3. Right-of-way dedication (TBD along 411th Ave.; and 40’ along the northern and eastern
tract boundaries) may be required as part of future entitlement(s) (POD).
4. Compliance with any ADOT requirements is required.
5. Disturbance to floodplains (FEMA Zone A) will require procurement of a floodplain use
permit concurrent with required building permit(s).
6. Engineering review of re-zone cases is conceptual in nature. 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.
e.
The CUPD overlay is applied to restrict the use of the site. The C-3 CUPD zoning district
shall limit the use of the site to automobile service only, equipment rentals and sales, but
not including equipment customarily used for heavy construction; Landscape material
sales provided all incidental equipment and supplies, including fertilizer and empty cans,
are kept within a completely enclosed building or within an area enclosed on all sides by
a solid fence or wall at least six feet in height, and no goods, materials or objects are
stacked higher than the fence or so erected; Commercial storage of mobile and
manufactured homes, travel trailers, recreational vehicles and boats; Truck stops, with
customary accessory facilities including restaurant, gasoline service stations,
convenience retail, truck-wash, and minor repair facilities provided all incidental repair
work is conducted wholly within a completely enclosed building and space required for
such repair work does not constitute more than 60% of the floor area; Drive-thru
restaurants and refreshment stands; Feed stores, inside storage only; Gas (butane or
propane), retail sales of; Restaurants and cafes, including patios, cocktail lounges, and
outside dining and drinking areas; Self-storage facilities; Accessory buildings and uses
customarily incidental to the above uses including a solar field providing energy
exclusively to a truck stop and its customary accessory facilities. Until such time as the
site is served by sewer and water, of the uses permitted, the uses on site shall only be
those acceptable to the Maricopa County Environmental Services Department (MCESD)
that can be accommodated by septic and well. A public water system and wastewater
treatment shall be required prior to establishment of any use that requires potable water.
f.
The developer shall address all requirements of ADOT as per the e-mail dated March 1,
2023 prior to issuance of construction permits.
g.
The Owner or Developer shall address all recommendations of the Arizona Game and Fish
Department (AZGFD) included in the letter dated March 10, 2023, prior to issuance of the
initial construction permit.
h.
All outdoor lighting shall be designed as recommended by the International Dark-Sky
Association and shall be in compliance with Section 1112 of the Maricopa County Zoning
Ordinance.
CPA2023002 & Z2022205
Page 13 of 13
i.
Prior to issuance of the initial 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.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance requirements.
k.
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and
ARS § 11-814 for six (6) years within which time a Plan of Development and initial
construction permit must be obtained.
l.
Noncompliance with the conditions of approval will be treated as a violation in accordance
with the Maricopa County Zoning Ordinance, and may be grounds for further action,
including zoning revocation, by the Maricopa County Board of Supervisors.
m.
Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this Zone Change as set forth in the
Maricopa County Zoning Ordinance.
n.
The granting of this Zone Change has been at the request of the applicant, with the
consent of the landowner. The granting of this approval allows the property owner to
enjoy uses in excess of those permitted by the land use existing on the date of the
application, subject to conditions. In the event of the failure to comply with any condition
of approval, the property shall change to the land use designation that existed on the date
of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due
to such revocation. The Zone Change enhances the value of the property above its value
as of the date the Zone Change is granted and changing to the prior land use designation
results in the same value of the property as if the Zone Change had never been granted.
Presented by:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (2 pages)
Land Use Exhibit (1 page)
Zoning Exhibit (1 page)
CPA2023002 Narrative Report (15 pages)
Z2022205 Narrative Report (8 pages)
Conceptual Site Plan (1 pages)
Engineering Comments (2 pages)
MCESD Comments (6 pages)
ADOT Comments (3 pages)
AZGFD Comments (14 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 68 approx.
Generated March 30, 2023 11:24 AM
CPA2023002
Application Name:
Legal Description
411th Ave. & I-10 EDR
Applicant
Case Address
, T2N R07W 24
Zachary Pebler for Zachary A Pebler, PLLC.
Applicant Phone/Email
Parcel Primary:
480.321.8146
zapebler@aol.com
Map scale 1:6,414
Supervisor District No.
506-34-015M
COMPREHENSIVE PLAN AMENDMENT FROM "MIXED-USE" TO MISCELLANEOUS RETAIL
5.3585 in
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 67.18 approx.
Generated March 30, 2023 11:25 AM
Z2022205
Application Name:
Legal Description
411th Ave. & I-10 EDR
Applicant
Case Address
T02N R07W 024, T2N R07W 24
Zachary Adam Pebler for Zachary A Pebler, PLLC.
4475 N 411TH Ave
Applicant Phone/Email
Parcel Primary:506-34-015M
480.321.8146
zapebler@aol.com
TONOPAH AZ 85354
Map scale 1:6,414
Supervisor District No.
ZONE CHANGE WITH OVERLAY FROM RU-43 TO C-3 CUPD
5.3585 in
411TH AVE. & I-10
COMPREHENSIVE PLAN AMENDMENT NARRATIVE
An approximate 68-acre Commercial Development
East of 411th Avenue and north of Interstate 10
December 22, 2022
REVISED: February 23, 2023
REVISED: March 21, 2023
CPA2023002
411TH AVE. & I-10
Maricopa County, Arizona
CASE# CPA2023002
SUBMITTED TO:
Maricopa County Planning and Development Department
301 W. Jefferson St.,
1st Floor, Suite 170
Phoenix, Arizona 85003
PREPARED FOR:
ZACHARY A PEBLER, PLLC
3100 W. Ray Rd. #100
Chandler, Arizona 85226
PREPARED BY:
535 E. McKellips Rd.
Suite 131
Mesa, Arizona 85203
Telephone: 602.997.9093
Contact: Nick Adamson, RLA
PROJECT TEAM
Property Owner
Amrit & Avijot Land LLC. &
Manmohan S. Brar
7138 N. 110Th Ave.
Glendale, Arizona 85307
Property Owner’s Representative
Zachary A. Pebler, PLLC.
3100 W. Ray Rd. #100
Chandler, Arizona 85226
Land & Landscape Planning
McGough Adamson
Nick Adamson, RLA
David Russell, Planner
535 E. McKellips Rd.
Suite 131
Mesa, Arizona 85203
TABLE OF CONTENTS
1.
Executive Summary ...................................................................................................................... 1
A. On-site and Regional Location ............................................................................................... 1
B. Comprehensive Plan Amendment Size and Description ........................................................ 2
C. Transportation and Circulation .............................................................................................. 2
D. Suitability With Surrounding Uses ......................................................................................... 2
2.
Overall Improvement to Comprehensive Plan ............................................................................. 3
3.
Adverse Impact to Comprehensive Plan ...................................................................................... 3
4.
Consistency With Overall Intent of Comprehensive Plan ............................................................. 5
5.
Consistency With Comprehensive Plan Goals and Policies .......................................................... 5
A. Tonopah/Arlington Area Plan ................................................................................................ 5
B. Maricopa County Vision 2030 Comprehensive plan .............................................................. 7
FIGURES
Figure 1
Aerial Vicinity Map
Figure 2
Existing and Proposed Land Use Map
Figure 3
Conceptual Land Use Plan
1
1. Executive Summary
On behalf of Amrit & Avijot Land LLC/Manmohan S. Brar, submits this narrative and related exhibits
requesting a Comprehensive Plan Amendment to change the land use designation in the
Tonopah/Arlington Area Plan from Mixed-Use to Miscellaneous Retail. 411TH Ave. & I-10 (the Project
or Property) is an approximate 67.18-acre vacant desert parcel located in unincorporated Maricopa
County (MC or the County), Arizona, near the northeast corner of 411TH Avenue & Interstate 10. More
specifically, the site is within Section 24, Township 2 North, Range 7 West, of the Gila & Salt River
Meridian, Maricopa County, AZ. The site is bounded by to the north and east by vacant desert land,
bounded to the south by Interstate 10, and to the west by 411th Ave.
A. On-site and Regional Location
The Property consists of one contiguous parcel, identified on the Maricopa County Assessor map
as 506-34-015M, within unincorporated Maricopa County. Apart from minor dirt paths and
natural drainage channels, the overall site is relatively flat, with no significant elevation changes
or rock outcroppings. Within the Vision 2030 CP the more specific Tonopah/Arlington Area Plan
establishes the site’s designated land use as ‘Mixed-Use’. The site is zoned Rural 43 (RU-43)
through the County. Refer to Figure 1, Aerial Vicinity Map for project location.
FIGURE 1 – AERIAL VICINITY MAP
2
B. Comprehensive Plan Amendment Size and Description
The proposed amendment seeks to modify the land use designation of the entire 67.18-acre site,
from “Mixed-Use” to “Miscellaneous Retail”. The Property’s current land use designation, “Mixed-
Use”, seeks a mix of single and multiple family residential, office employment, parks and open
space, appropriate community services, and retail commercial uses within the same building,
same parcel, and/or same area under a single, integrated plan that emphasizes proximity and
pedestrian orientation. 411Th Ave. and I-10 proposes a mix of land uses that are most appropriate
for the “Miscellaneous Retail” land use designation. The “Miscellaneous Retail” designation seeks
stand-alone commercial uses that are intended to serve local or community needs. The Project
proposes land uses appropriate with the “Miscellaneous Retail” designation. Under this land use
designation, the site will be able to support a wide range of land uses. Stand-alone commercial
PADs, renewable energy facilities, and/or a travel center with ancillary uses are all examples of
potential future development. Potential ancillary uses may include retail, truck charging, and
driver accommodations.
C. Transportation and Circulation
The Project’s proximity to Interstate 10 makes it a prime location for potential travel-related land
uses. Primary access to the Project comes from 411th Avenue. The Maricopa County Department
of Transportation Major Streets and Routes Plan classifies 411th Avenue as a ‘Parkway’. The
County’s parkway cross-section calls for a full right-of-way width of 200’. The Project dedicates
the eastern 100’ of half right-of-way for future widening of 411th Avenue. The northern boundary
of the Project sets aside 40’ of half right-of-way dedication for additional site circulation. This
roadway also anticipates the development of the property directly adjacent north. Future half
street right-of-way dedication from this adjacent property will allow for more cohesive circulation
to both sites and help minimize traffic conflicts. Secondary access comes from the frontage road
along the southern boundary, Pearl Harbor Memorial Road/Indian School Road.
D. Suitability With Surrounding Uses
Apart from existing right-of-way, there is no existing development directly adjacent to the Project.
The table below, Table 1 – Surrounding Land Uses, outlines current land uses surrounding the
Project.
TABLE 1 – SURROUNDING LAND USES
Direction
Jurisdiction
Comprehensive
Plan Designation
Existing
Zoning
Existing Use
Project
Site
Maricopa
County
Mixed Use
RU-43
Vacant Desert
North
Maricopa
County
Mixed Use
RU-43
Vacant Desert
East
Maricopa
County
Mixed Use
RU-43
Vacant Desert
South
Maricopa
County
Mixed Use
RU-43
Interstate 10 &
Vacant Desert
West
Maricopa
County
Mixed Use
RU-43
C-3
411th Avenue
&
Vacant Desert
3
2. Overall Improvement to Comprehensive Plan
The proposed Comprehensive Plan Amendment for 411th & I-10 improves upon the current
Comprehensive Plan land use designations. The current land use designation of “Mixed-Use” is
prevalent in this area already. Within the boundaries of 419th Avenue (west), 403rd Avenue (east),
Camelback Road (north), and Thomas Road (south), an approximate 1,790-acre square is designated
as “Mixed-Use”. The 67.18-acre project area is relatively centrally located, within this approximate
1,790-acre square. Given this substantial amount of existing “Mixed-Use” designated land, modifying
the land use designation of the Project from “Mixed-Use” to “Miscellaneous Retail” will have minimal
impact on the remaining available “Mixed-Use” land. The “Miscellaneous Retail” designation allows
several uses that would be beneficial to this area. The state will benefit from the development of at
the intersection of 411th Avenue and I-10 through sales tax generated from the various future
commercial land uses. A truck stop is potential commercial land use for the site. Truck stops can
provide several new job opportunities for locals, and also bring in substantial amounts of revenue.
Love’s Travel Stops & Country Store is an example of one of the most successful truck stop companies
in the country. According to Forbes the Love’s Travel Stops & Country Store Company generated $25.5
billion of revenue in 2022. Across 590+ locations the average revenue generated from each location
exceeded $40 million. Forbes estimates Love’s employs around 38,000 people. This averages to 64
employees per location. With the understanding that all Love’s employees do not work at specific
truck stop locations, it is reasonable to estimate between 30 and 40 jobs are created by a new
location. The “Miscellaneous Retail” designation also allows for dining options to help to serve on-site
visitors and the area at large. The site has the potential to house at least 3 fast food restaurants.
According to Forbes, the top 7 fast food chains generate an average of $2.4 million in revenue, per
store, annually. Depending on the restaurants constructed, dining alone could generate between $6
million and $7 million of revenue annually. In addition, new restaurants will create more jobs for
locals. According to the market research database IBISWorld, fast food restaurants employ an average
17 people. The establishment of 3 new restaurants will likely create 50+ new jobs. These higher-end
examples and estimates serve as a general guide as to what can be expected from future
development. The site could likely generate anywhere between $15 million and $40 million in annual
revenue. Overall, if the site develops primarily as a truck stop with supporting restaurants, annual
revenue could range anywhere between $20 million and $50 million annually.
3. Adverse Impact to Comprehensive Plan
The following specifics outline whether the amendment will adversely impact all or a portion of the
planning area by:
•
Altering acceptable land use patterns to the detriment of the plan.
Altering the current land use patterns will not detrimentally affect the plan. Some
proposed potential future land uses match similar existing uses within the area already.
The proposed CPA will modify less than 4% of the “Mixed-Used” designated land in the
area. Over 1,700 acres of “Mixed-Used” designated land will remain available for such
development and allow the County to achieve its overall mixed-use vision for the area.
•
Requiring public expenditures for larger and more expensive infrastructure.
4
All costs of larger and/or more expensive infrastructure required shall be borne by the
owner or developer.
•
Requiring public improvements to roads, sewer, or water systems that are needed to support
the planned land uses.
All costs of public improvements to roads, sewer or water systems that are needed to
support the site shall be borne by the developer.
•
Adversely impacting planned uses because of increased traffic.
The sparse existing development near the Project generates minimal amounts of traffic.
As a result, the additional traffic, caused by a land use change to “Miscellaneous Retail”,
will have negligible effect on traffic. The proposed CPA will help increase traffic safety.
This portion of Interstate 10 is a heavily trafficked distribution corridor, connecting New
Mexico, Arizona, and California. In particular, the portion of Interstate 10 adjacent south
of the Project accommodates around 50,000 vehicles daily (per ADOT’s 2019 Interstate
10 Western Connected Freight Corridor, Volume 1: Improvement Strategies). Of the
Annual Average Daily Traffic (AADT) for this portion of Interstate 10, between 16% (8,000)
and 30% (15,000) of these vehicles are semitrucks. Long haul driving is grueling work,
requiring mandatory rest and breaks as a safety measure. The Large Truck Crash
Causation Study (LTCCS), performed by the Federal Motor Carrier Safety Administration
(FMCSA) and the National Highway Traffic Safety Administration (NHTSA), concluded
approximately 13% of all truck accidents were associated with driver fatigue. When
drivers reach their hourly driving limit for the day, they must find designated parking
accommodations or simply stop on the side of the road/interstate. Parking on the side of
road is very dangerous for both the parked driver and moving traffic. To avoid these
scenarios some drivers will continue driving past their hourly work limit in search of
designated truck parking and accommodations, leading to driver fatigue. The Project’s
proposed truck-specific land uses provide all the accommodations necessary to for drivers
to rest, refuel, recharge, and continue performing their jobs in the safest way possible.
•
Affecting the livability of the area or health or safety of present and future residents.
Health and safety of future residents will not be adversely impacted. The Project will
comply with all necessary health and safety protocols required for development. A
potential truck stop will help get drivers off the road before they become overly fatigued,
creating safer roads for everyone.
•
Adversely impacting the natural environment or scenic quality of the area in contradiction to
the plan.
The Project is not designated as open space or a scenic corridor. Therefore, the proposed
CPA does not contradict these designations. Future development will not obstruct any
scenic views, as the site is surrounded by vacant desert land on the north and east, right-
of-way and vacant desert to the west, and Interstate 10 to the south. Any plants required
for salvage will be relocated in accordance with native plant laws. Any required native
wildlife preservation shall be adhered to. The project will adhere to regulations set forth
by Arizona Game and Fish Department (AZGFD) or Arizona State Historic Preservation
Office (AZSHPO). In the event comments are received from AZGFD or AZSHPO, the
owners/developer will coordinate accordingly. Currently there are no known substantial
flood zones, floodways, historic washes, or natural water systems onsite.
5
4. Consistency With Overall Intent of Comprehensive Plan
The proposed CPA remains consistent with the overall intent of the existing Comprehensive Plan.
Modifying the Projects land use designation reduces the amount of “Mixed-Use” land in the area by
less than 4%. The overwhelming majority of “Mixed-Use” designated remains unmodified and
available for future mixed-use development.
5. Consistency With Comprehensive Plan Goals and Policies
Several goals and policies have been established within the Tonopah/Arlington Area Plan and Vision
2030 Comprehensive Plan to help guide future development within Maricopa County. The Project
considers these goals and policies currently set forth within both plans.
A. Tonopah/Arlington Area Plan
Land Use
Goal
Promote efficient land development that is compatible with adjacent land uses, is well integrated with
the transportation system, and is sensitive to the natural environment.
Tonopah/Arlington Objective L.1
Create orderly, efficient, and functional development patterns.
Response:
The uses permitted under the “Miscellaneous Retails” land use designation allow for orderly
efficient, and functional development patterns. The Project is surrounded by “Mixed-Use”
designated land. The “Mixed-Use” land designation seeks a variety of residential and
office/employment land uses. To support these land uses commercial and retail development is
necessary within close proximity. Lack of commercial and retail support may also serve as a
development deterrent to surrounding properties. The proposed CPA could help incentivize
future development in the area.
Tonopah/Arlington Objective L.3
Minimize conflicts between urban and rural land uses.
Response:
There is currently no existing development adjacent to the Project. The Project is located in a
rural area with no nearby urban land uses. Approval of the proposed CPA will not create any
conflicts between rural and urban land uses.
Transportation
Goal
6
Provide an efficient, cost-effective, integrated, accessible, environmentally sensitive, and safe
countywide multi-modal system that addresses existing and future roadway networks, as well as
promotes transit, bikeways, and pedestrian travel.
Tonopah/Arlington Objective T.1
Establish a circulation system that provides for the safe, convenient, and efficient movement of
goods and people throughout Maricopa County.
Response:
The portion of Interstate 10, adjacent south of the Project, handles around 50,000 vehicle trips
daily, with 16% - 30% of those trips being semitruck distribution. Future development on the site
will entail right-of-way improvements and/or expansion to adjacent roadways. Roadway
expansion and improvements will create smoother circulation and reduce traffic conflicts.
Environmental
Goal
Promote development that considers adverse environmental impacts on the natural and cultural
environment, preserves highly valued open space, and remediates areas contaminated with
hazardous materials.
Tonopah/Arlington Objective 1
Encourage developments that are compatible with natural environmental features and which do
not lead to their destruction.
Tonopah/Arlington Objective 2
Protect and preserve existing water resources and minimize flood hazards.
Tonopah/Arlington Objective 3
Preserve existing habitat areas of threatened or endangered wildlife and/or desert plant species.
Tonopah/Arlington Objective 4
Protect the County’s historical and archaeological resources.
Response:
The Project will comply with any policies set forth by the organizations responsible for the
regulation and/or preservation of the above-mentioned site features.
Economic Development
Goal
Promote a growing balanced, efficient, and diversified economy, consistent with available resources,
that enhances quality employment opportunities, improves quality of life, and is sensitive to the
natural and cultural environment.
Tonopah/Arlington Objective 1
Permit major commercial and job employment centers where the labor force and infrastructure
exist or are planned.
7
Policy ED1.4 Encourage commercial development adjacent to designated I-10 interchanges.
Response:
The Project directly addresses this need by creating commercial development at an I-10
interchange.
Policy ED1.7 Require that future industrial and commercial development be adequately screened
from public view.
Response:
The Project will provide landscaping around its perimeter to help provide screening from public
view.
B. Maricopa County Vision 2030 Comprehensive plan
Land Use
The Vision 2030 CP seeks functional, balanced, efficient, and economically sound land use patterns to
shape the future of Maricopa County. 411th Ave. and I-10 supports the following land use goals and
policies established in the CP.
Land Use Goal #1
Achieve balanced and efficient development patterns.
Land Use Policy #15
Maricopa County supports evaluating comprehensive plan
amendments and zoning district boundary changes to determine
the existence of the urban services and infrastructure identified
in this element.
Response:
Within the boundaries of 419th Avenue (west), 403rd Avenue
(east), Camelback Road (north), and Thomas Road (south), an
approximate 1,790-acre square is designated as “Mixed-Use”. For
this area urban services, specifically sewer, will be necessary to
support such a large area envisioned as “Mixed-Use”. The
“Mixed-Use” land designation calls for a mix of single and
multiple family residential, office employment, parks and open
space, appropriate community services, and retail commercial
uses within the same building, same parcel, and/or same area
under a single, integrated plan that emphasizes close proximity
and pedestrian orientation. This site has not developed and
amending the comprehensive plan will allow for a variety of
commercial uses that can be operated on septic until such time as
sewer service is available. Amending the sites designation to
“Miscellaneous Retail” will help solve this problem.
Transportation
The transportation element of the Vision 2030 CP seeks to create a connected and efficient
transportation system for the region, while positively impacting the economy and air quality.
8
Transportation Goal #2
Contribute to a safe, seamless, and effective transportation system.
Transportation Policy #2
Maricopa County supports compliance with its Major
Streets and Routes Plan.
Response:
The land use of “Miscellaneous Retail” will comply with
The Major Streets and Routes Plan by allocating 100’ of
half right-of-way from the centerline of 411th Avenue,
east, onto the property. This half right-of-way dedication
for the eastern half of 411th Avenue will allow for the
future full ‘Parkway’ width of 200’.
Transportation Goal #4
Have a comprehensive transportation system that focuses on Transportation Systems
Management and Operations to help reduce air pollution and promote efficient traffic movement
and economic growth.
Transportation Policy #9
Maricopa County supports balanced and efficient land
use patterns that reduce the number and length of
vehicle trips.
Response:
The Project’s location adjacent to Interstate 10 will help
reduce the length of patron’s vehicle trips. Rather than
having to drive substantial distances, the site can be
accessed immediately upon exiting Interstate 10.
Reduced length of vehicle trips contributes to the
reduction of air pollution.
Environment
To lessen the impact of development on the environment, the Vision 2030 CP outlines goals and
policies focusing on air quality, water quality, wildlife protection, natural and cultural resources, and
natural and human-caused hazards. The following demonstrates how the Project seeks to support the
specific environmental goals and policies listed in the CP.
Environment Goal #1
Provide regional leadership to promote all aspects of regional environmental quality.
Environment Policy #2
To help improve air quality Maricopa County supports
balanced and efficient land use patterns where
employment, retail and residential land uses are
proximate rather than separate.
Response:
The Project’s proximity to Interstate 10 provides benefits to
environmental
quality.
The
land
use
designation
of
“Miscellaneous Retail” and future development will likely
9
generate a substantial amount of vehicle trips. Allowing such
development directly adjacent to Interstate 10, rather than a
substantial distance from the freeway, will significantly reduce
vehicle trip distances. In turn, this will help reduce air pollution
and improve environmental quality. The Project is centrally
located within a 1,790-acre square of land designated as “Mixed-
Use”. If sewer service is established this is a prime location for
“Miscellaneous Retail” for future residents of surrounding
“Mixed-Use” parcels. This location helps ensure equitable travel
distances for future surrounding residents mostly likely to
frequent the site.
Economic Growth
Economic development and growth are vital to the longevity and resiliency of a community. Diverse
economic opportunities allow for a community to grow and thrive in a multitude of ways. The
following goals and policies are supported by the Project.
Economic Growth Goal #1
Contribute to an effective regional economy.
Economic Growth Policy #6
Maricopa County supports efforts to recruit prospective
businesses and industries to the county, and efforts to
retain existing businesses and industries.
Response:
Under the “Miscellaneous Retail” designation potential
future land uses like a travel center could attract a variety
of ancillary/compatible businesses to provide services for
this heavily trafficked distribution corridor of Interstate
10. These businesses will help promote economic growth.
Energy
Energy consumption plays a significant role in society, the economy, and the environment. Energy
consumption also impacts personal health and finance. To help achieve the energy goals of the Vison
2030 Comprehensive Plan (2030 CP or CP), the Project supports the following goals and policies
outlined in the CP.
Energy Goal #1
Provide leadership to promote regional environmental quality.
Energy Policy #7
Maricopa County supports efforts to assist businesses
and individuals with renewable energy options and
energy conservation.
Response:
The land use designation of “Miscellaneous Retail” will
allow the potential for 30-acre solar farm. This directly
addresses the County’s need for renewable energy
options and energy conservation. Allowing such
10
development, even though a land use designation change
is required, shows the County’s true willingness to be a
leader in regional environmental quality and renewable
energy.
Energy Goal #3
Have balanced and efficient development patterns.
Energy Policy #2
To limit energy consumption Maricopa County supports
balanced and efficient development patterns where
residential, commercial and employment land uses are
proximate rather than separated.
Response:
The variety of land uses proposed will benefit from the
renewable energy generated from the onsite solar farm.
This onsite renewable energy source will greatly minimize
the amount of overall energy consumed by the Project.
Following a land use designation change from “Mixed-Use” to “Miscellaneous Retail”, the
Project will remain entirely surrounded by land that
remains designated “Mixed-Use”. These adjacent parcels
can
still
develop
residential,
commercial,
and
employment land uses, while remaining in close
proximity to the Project and its future land uses,
supporting the overall area.
Energy Goal #4
Increase energy efficiency in new development.
Energy Policy #7
Maricopa County supports efforts to assist businesses and
individuals with renewable energy options and energy
conservation.
Response:
The potential proposed 30-acre solar farm will provide
energy efficiency to the Project. This renewable energy
source will help reduce traditional energy consumption
costs. An renewable energy source could help attract
potential businesses and services to the site.
Energy Policy #4
To limit energy consumption Maricopa County supports
alternative transportation options in new development.
Response:
Following the CPA, there is potential for the site to develop
charging stations for electric vehicles. These charging
areas may include charging stations for both passenger
vehicles and over the road (OTR) trucks. Electric vehicles
are the future of transportation and being prepared for
this shift could substantially benefit the area. Large motor
11
companies like Volo, Kenworth, Tesla, Freightliner,
Peterbilt, Nikola Motors (Coolidge, AZ), and BYD have all
invested substantially in the future of electric freight
distribution. These companies all produce electric OTR
trucks currently being used or expected for delivery in late
2023 or 2024. Charge times for these trucks range
between 1 and 4 hours. Offering charging stations will
attract more traffic to the site. While on-site to charge,
many drivers will likely utilize additional facilities and
businesses on site, generating revenue.
Cost of Development
The cost of development can significantly impact the community. The Project intends to absorb all
required costs of development, so not to burden the community financially. The Project supports the
goals and policies listed below.
Cost of Development Goal #2
New development pays its proper and reasonable share of the costs of new infrastructure,
services, and other public improvements.
Cost of Development Policy #1 Maricopa County supports recouping the costs of its
products and services without unfairly burdening those
most in need of its products and services.
Response:
The end developer will be responsible for the cost of
construction and development.
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM
PROJECT NARRATIVE
-REZONING REQUEST-
NEC 411th Ave. & I-10
NO ADDRESS ASSESSED
Northeast corner of 411th Avenue and Interstate 10
PARCEL #: 506-34-015M
Request: Zone Change with Overlay from RU-43 to C-3 CUPD
CASE #: Z2022205
Prepared by: Zachary Pebler
1st Submittal: November 17th, 2022
2nd Submittal: January 13, 2023
3rd Submittal: February 15, 2023
Maricopa County GIO, Maricopa County Assessor's Office
O
5/23/2022 8:33:21 AM
Map
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM
TABLE OF CONTENTS
Purpose of Request: .................................................................................................................................. 1
Project Description: .................................................................................................................................. 1
Permitted Uses: ........................................................................................................................................... 1
Relationship to Surrounding Properties: ........................................................................................ 2
Community Benefit: .................................................................................................................................. 2
Recent Changes: .......................................................................................................................................... 2
Location and Accessibility: .................................................................................................................... 2
Circulation: .................................................................................................................................................... 3
Development Schedule: ........................................................................................................................... 3
Community Facilities: .............................................................................................................................. 3
Public Utilities: ............................................................................................................................................ 4
Development Standards:......................................................................................................................... 4
Justification of Uses:……………………………………………………………………………………………..6
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM 1
Purpose of Request:
Zone Change with Overlay from RU-43 to C-3 CUPD. This request allows the
landowners to initiate recruiting tenants and users for a commercial/retail
masterplan project.
Project Description:
Zachary A Pebler, PLLC, on behalf of Manmohan S. Brar and Amrit & Avijot
Land, LLC. as the collective landowners, is pleased to present a rezoning
request of a 67.18 acre parcel, #506-34-015M in Maricopa County. The land
is desert property on the northeast corner of 411th Avenue and Interstate
10. The request, if approved for a “Zone Change with Overlay from RU-43
to C-3 CUPD” would allow for a future master-planned commercial
development via a submitted and approved Plan of Development (POD).
Permitted Uses:
#1.
Automobile service only
#2.
Equipment rentals and sales, but not including equipment
customarily used for heavy construction
#3.
Landscape material sales provided all incidental equipment and
supplies, including fertilizer and empty cans, are kept within a
completely enclosed building or within an area enclosed on all sides
by a solid fence or wall at least six feet in height, and no goods,
materials or objects are stacked higher than the fence or wall so
erected
#4.
Commercial storage of mobile homes, manufactured homes, travel
trailers, recreation vehicles, boats and aircraft
#5. Truck stops, with customary accessory facilities including but not
limited to restaurant, convenience retail, motel, truck wash, and
minor repair facilities but not including major repair, freight storage,
freight handling, warehousing or distribution facilities
#6.
Drive-thru restaurants and refreshment stands
#7.
Feed stores, inside storage only
#8. Gas (butane or propane), retail sales of
#9.
Restaurants and cafes, including patios, cocktail lounges, and outside
dining and drinking areas
#10.
Retail stores
#11.
Self-storage facilities
#12.
Gasoline service stations, provided all incidental repair work is
conducted wholly within a completely enclosed building and space
required for such repair work does not constitute more than 60% of
the floor area
#13.
Accessory buildings and uses customarily incidental to the above
uses.
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM 2
Relationship to Surrounding Properties:
North:
The north side of the property is made up of large vacant desert parcels
zoned RU-43, owned by a few private owners.
East:
To the east are a few large desert parcels appearing to be owned by a
singular private owner with the zoning of RU-43.
South:
To the south is Interstate 10, which is the major freeway from Phoenix to
Los Angeles. We will be in contact with their Right-of-Way department to
establish appropriate project ingress, egress, setbacks, etc.
West:
To the west is 411th Avenue which is an on/off-ramp for I-10 and also, a two
lane road. Adjacent west of 411th Avenue is a privately owned, C-3 zoned,
parcel on the immediate northwest corner of 411th Avenue and I-10. The
parcel north of that along 411th Avenue. is a privately held large desert tract
that is zoned RU-43.
Project: The subject property sits at the hard corner of a major arterial street and
the I-10 freeway.
Community Benefit:
The zone change to C-3 CUPD will benefit the surrounding community in
extensive ways, also expressed on the Comprehensive Plan Amendment
narrative. With approval, the site will possess the ability to create a truly
mixed-use (retail, food and fuel) development in an underserved area.
Recent Changes:
The I-10 & Buckeye corridor is exploding in industrial development and
new job creation. More semitrucks and job commuters will be added to I-
10 to service new distribution routes. A zone change to the property allows
the property owner to offer multiple commercial and service orientated
uses to these routes by way of retail, food gas, and charging stations for
vehicles. In addition, the project will also serve the regional need for a
potential travel center, parking and charging area.
Location and Accessibility:
The site’s location on the hard corner of 411th Avenue and Interstate 10,
make the rezoning to C-3 CUPD zoning highly justified. The property’s
southern border presents high visibility from Interstate 10. Traffic-goers of
semi-trucks and travelers alike will seek commercial services between their
trips to and from metro Phoenix and California. Interstate 10 possesses a
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM 3
full interchange at 411th Avenue, allowing easy access from both the east
and west on Interstate 10. Planned future access includes a private
driveway from 411th Avenue as well as an additional midsection road along
site’s northern boundary for additional ingress and egress. These exact
driveway locations will be presented to Maricopa County staff through a
future filing of a Plan of Development (POD) and justified by a traffic impact
analysis.
Circulation:
By the sheer size of the property, circulation can be forward planned very
well. The site should contain one ingress/egress points on 411th Avenue,
an arterial alignment. From a forward planning perspective, an eventual ½
street could be constructed on the north side of the parcel, being it is a
midsection alignment. A specific circulation plan will be submitted with a
separate Plan of Development (POD) submittal after rezoning is
determined. For fire/emergency safety, a minimum of four ingress/egress
points could be provided along the exterior of the site and measures could
be taken to provide exclusive fire/emergency access points along the
northern ROW and on the southwest side of the parcel at Indian School
Road (frontage road). The developer at the time of a POD will be prepared
to agree to dedicate 65’ half street right-of-way along 411th Avenue. In
addition, the north and east boundaries will be topics of discussions for
dedication being they are midsection alignments. Appropriate negotiations
and coordination will be done at the time of POD with MCDOT.
Development Schedule:
There is no timing set for a development schedule. This Zone Change
request is without a POD submittal. In order to best recruit users and
tenants for a commercial project is to display appropriate zoning and the
ability to immediately progress to site specific entitlements. However, once
approved, a phased Plan of Development will be pursued and presented to
the County staff. As a stipulation of the Zone Change, the landowner will
require approval of POD within six years of the zone change approval.
Failure to receive POD approval within the allotted timeframe will allow the
Maricopa County Planning Staff the opportunity to bring the zoning back to
the Board for reversion, following adequate notification to the landowner.
Community Facilities:
The school districts serving this area is Saddle Mountain Unified and
Buckeye Union High School District. The nearest school is Tonopah Valley
High School west of 379th Ave. on the south side of Indian School Road, just
over 3 miles away from the subject property.
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM 4
Public Utilities:
Water – Global Water Resources
Sewer – Septic
Power – APS
Refuse – Private
Police & Fire – Maricopa Sheriffs Department and Arizona Fire & Medical Authority.
Development Standards:
The proposed development standards are as follows:
REGULATION
BASE ZONING
DISTRICT
REGULATIONS (C-3)
PROPOSED ZONING
REGULATIONS (C-3 CUPD)
Height
40’
40’
Min. Front Yard
25’
25’
Min. Side Yard
10’
10’
Min. Street-side Yard
10’
10’
Min. Rear Yard
25’ (abutting rural or
residential)
25’ (abutting rural or residential)
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Parking
1 per 250 sq. ft. of floor area
1 per 250 sq. ft. of floor area
Screening/Buffering
6’ solid masonry wall
adjacent to or abutting any
rural or residential zone
boundary
6’ solid masonry wall adjacent to or
abutting any rural or residential zone
boundary
Landscaping
5’ landscaping strip required
along road frontages
5’ landscaping strip required along
road frontages
Sight Visibility
Triangles
Required. Driveways and
Parking are not permitted
within SVTs
Required. Driveways and Parking are
not permitted within SVTs
Sign Regulations
Chapter 14, Section 1401 &
1403 of MCZO
Chapter 14, Section 1401 & 1403 of
MCZO
Permitted Uses
All uses permitted by right in
a C-3 zoning district
The following uses shall be the only
uses permitted:
•
Automobile service only,
•
Equipment rentals and sales, but
not including equipment
customarily used for heavy
construction
•
Landscape material sales
provided all incidental
equipment and supplies,
including fertilizer and empty
cans, are kept within a
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM 5
completely enclosed building or
within an area enclosed on all
sides by a solid fence or wall at
least six feet in height, and no
goods, materials or objects are
stacked higher than the fence or
so erected
•
Commercial storage of mobile
homes, manufactured homes,
travel trailers, recreational
vehicles, boats and aircraft
•
Truck stops, with customary
accessory facilities including but
not limited to restaurant,
convenience retail, motel, truck
wash, and minor repair facilities
but not including major repair,
freight storage, freight handling,
warehousing, or distribution
facilities
•
Drive-thru restaurants and
refreshment stands
•
Feed stores, inside storage only
•
Gas (butane or propane), retail
sales of
•
Restaurants and cafes, including
patios, cocktail lounges, and
outside dining and drinking
areas,
•
Self-storage areas
•
Gasoline service stations,
provided all incidental repair
work is conducted wholly within
a completely enclosed building
and space required for such
repair work does not constitute
more than 60% of the floor area
•
Accessory buildings and uses
customarily incidental to the
above uses.
Zachary A. Pebler, PLLC.
Real Estate – Land Planning – Development
3100 W. Ray Rd. #100 Chandler, AZ. 85226
480-321-8149
ZAPEBLER@AOL.COM 6
Justification of Uses:
The permitted uses are established to promote commercial growth along the
Interstate 10, as well as providing services needed in rural town
environments. Allowed uses are travel/truck stop centric in order to promote
a viable future development for the site. In addition, with the lack of sewer
infrastructure in the area, all uses are capable of being served by septic system.
Excluded and/or limited uses are established to create the standard for future
development of the site. Excluded and limited uses are intentionally omitted
in order to be travel/truck stop centric and limit any non-appealing or
unanalogous services or businesses.
Robert Fedorka, P.E.
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
Bob.Fedorka@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
January 30, 2023
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Adam Cannon, AICP, Sr. Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022205 - Zone Change (to C-3)
(E1 Memo)
Job Site Address: NEC 411th Ave. and I-10
APN(s):
506-34-015M
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
2nd submittal of the Zone Change application routed for review on January 30, 2023,
and has no objections subject to the following conditions.
The following conditions will apply:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed
buildings, site layout, drainage 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.
2. A traffic impact study must be submitted with future entitlement (POD)
application(s).
3. Right-of-way dedication (TBD along 411th Ave.; and 40’ along the northern and
eastern tract boundaries) may be required as part of future entitlement(s) (POD).
4. Compliance with any ADOT requirements is required.
5. Disturbance to floodplains (FEMA Zone A) will require procurement of a
floodplain use permit concurrent with required building permit(s).
6. Engineering review of re-zone cases is conceptual in nature. 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.
Please contact me if you have any questions or require any additional information.
Page | 1
Maricopa County
Environmental Services Department
Water and Waste Management
The Maricopa County Environmental Services Department (MCESD) has completed review for the
411th Ave. & I-10 planning case(s). Please note the following MCESD requirements for site
development:
Drinking Water –
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 service
connections per day for at least 60 days per year is classified as a Public Water System (PWS).
•
A Public Water System application and a New Source Approval application are required
and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis
report will be required with submittal and is good within one-year of testing.
Per the Safe Drinking Water Act, a Community Water System (CWS) is defined as a Public
Water System that serves the same 25 or more year-round residents. A Non-Transient Non-
Community Water System (NTNCWS) is defined as a Public Water System that serves the same
25 or more persons for at least six months per year.
If a new CWS or NTNCWS is being created, then the following major requirements must be
complete prior to the issuance of a CWS or NTNCWS permit:
1. The Arizona Department of Environmental Quality (ADEQ) requires new CWS and
NTNCWS to submit an Elementary Business Plan.
•
Please contact ADEQ at capdev@azdeq.gov for more information on this
requirement.
2. New Source Approval is required for both groundwater and surface water sources.
3. Engineering Approval may be required by MCESD Subdivision and/or Treatment Programs.
4. Certified Operator - All public water systems must obtain the services of a certified water
operator.
A Public Water System application and a New Source Approval application are required and must
be submitted to the MCESD Drinking Water Program.
An Approval to Construct application is required to be submitted to the MCESD’s Subdivision &
Infrastructure Program for all water system infrastructure.
Project Name: 411th Ave. & I-10
Primary Contact Name: Zachary Pebler
Planning Application Type: Zone Change -
Major Amendment
APN(s): 506-34-015M
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Adam Cannon
Planning Case #: CPA2023002
Date: January 30, 2023
Subdivision Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdivision@maricopa.gov
esd.maricopa.gov
Page | 2
Maricopa County
Environmental Services Department
Water and Waste Management
•
For questions, please contact the Subdivision and Infrastructure Program at (602) 506-
1058 or email subdivision@maricopa.gov
For additional Drinking Water related questions, please contact the Drinking Water program at
(602) 506-6935 or by email at sdwquestions@maricopa.gov.
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic) system is
required for any construction. Application must be submitted to the MCESD Onsite Wastewater
Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite
Wastewater program.
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit.
If the wastewater flow exceeds 24,000 gpd or if an activated sludge treatment process is to be used,
then a wastewater treatment plant may be required.
•
Additionally, an Individual Permit through the Arizona Department of Environmental
Quality (ADEQ) may be required.
•
Please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email
treatmentplantprogram@maricopa.gov for additional information.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-6666 or
by email at septicquestions@maricopa.gov
Environmental Health –
For any food service operations occurring on site, where food is offered, sold, or prepared from a
fixed/permanent location, requires submittal of a Permanent/Fixed Food Establishment Permit
application.
•
Additional information for permanent/fixed establishments can be found on the
Environmental Health webpage.
For Environmental Health related questions, please call (602) 506-6824.
Treatment –
An Approval to Construct application is required to be submitted to the Water/Wastewater
Treatment Program for all wastewater treatment facilities.
Page | 3
Maricopa County
Environmental Services Department
Water and Waste Management
An Aquifer Protection Permit (APP) is required for all new wastewater treatment facilities or
existing wastewater treatment facilities being modified. The Arizona Department of Environmental
Quality (ADEQ) reviews, approves and issues APPs.
•
Please contact ADEQ’s Groundwater Protection Program at (602) 771-4999 or email
azpdes@azdeq.gov for additional information about this requirement.
A Maricopa Association of Governments (MAG) 208 plan certification is required if the new
wastewater facility/system is not already identified in the existing MAG 208 plan. The MAG
reviews and approves MAG 208 plan certifications.
•
Please contact MAG’s Water Quality Advisory Committee at (602) 254-6300 or email
mag@azmag.gov for additional information about this requirement.
Note:
•
A MAG 208 certification must be obtained prior to an Approval To Construct application
being submitted to the MCESD’s Treatment Program.
For treatment related questions, please contact the Water/Wastewater Treatment Program at (602)
372-2861 or email treatmentplantprogram@maricopa.gov.
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s Subdivision
& Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure.
An Approval of Sanitary Facilities (Subdivision) application is required to the MCESD’s
Subdivision & Infrastructure Program for Subdivisions with Single Family Residences and for
Condominiums/Town Homes.
Prior to issuance of an Approval of Construction for water infrastructure for subdivisions,
confirmation of an approved Elementary Business Plan (EBP) with the Arizona Department of
Environmental Quality must be verified with the MCESD Subdivision and Infrastructure Program.
The EBP confirms assured water supply for subdivision.
For subdivision related questions, please contact the Subdivision and Infrastructure Program at
(602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of CPA2023002,
however these items must be addressed with the development of the site. Environmental Services
does not require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are
provided for the benefit of the applicant for MCESD permit requirements and as an advisory to
Maricopa County Planning and Development Department. Other Maricopa County agencies may
Page | 4
Maricopa County
Environmental Services Department
Water and Waste Management
have additional requirements. Final review and approval will be made through Planning and
Development Department procedures. Applicant may need to submit separate applications to the
Maricopa County Environmental Services Department for approval of proposed facilities regulated
by the Department. Review of any such application will be based on current regulations at the time
of application.
Page | 1
Maricopa County
Environmental Services Department
Water and Waste Management
The Maricopa County Environmental Services Department (MCESD) has completed review for the
411th Ave. & I-10 planning case(s). Please note the following MCESD requirements for site
development:
Drinking Water –
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 service
connections per day for at least 60 days per year is classified as a Public Water System (PWS).
•
A Public Water System application and a New Source Approval application are required
and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis
report will be required with submittal and is good within one-year of testing.
Per the Safe Drinking Water Act, a Community Water System (CWS) is defined as a Public
Water System that serves the same 25 or more year-round residents. A Non-Transient Non-
Community Water System (NTNCWS) is defined as a Public Water System that serves the same
25 or more persons for at least six months per year.
If a new CWS or NTNCWS is being created, then the following major requirements must be
complete prior to the issuance of a CWS or NTNCWS permit:
1. The Arizona Department of Environmental Quality (ADEQ) requires new CWS and
NTNCWS to submit an Elementary Business Plan.
•
Please contact ADEQ at capdev@azdeq.gov for more information on this
requirement.
2. New Source Approval is required for both groundwater and surface water sources.
3. Engineering Approval may be required by MCESD Subdivision and/or Treatment Programs.
4. Certified Operator - All public water systems must obtain the services of a certified water
operator.
A Public Water System application and a New Source Approval application are required and must
be submitted to the MCESD Drinking Water Program.
An Approval to Construct application is required to be submitted to the MCESD’s Subdivision &
Infrastructure Program for all water system infrastructure.
Project Name: 411th Ave. & I-10
Primary Contact Name: Zachary Pebler
Planning Application Type: Zone Change -
Major Amendment
APN(s): 506-34-015M
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Adam Cannon
Planning Case #: CPA2023002
Date: January 30, 2023
Subdivision Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdivision@maricopa.gov
esd.maricopa.gov
Page | 2
Maricopa County
Environmental Services Department
Water and Waste Management
•
For questions, please contact the Subdivision and Infrastructure Program at (602) 506-
1058 or email subdivision@maricopa.gov
For additional Drinking Water related questions, please contact the Drinking Water program at
(602) 506-6935 or by email at sdwquestions@maricopa.gov.
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic) system is
required for any construction. Application must be submitted to the MCESD Onsite Wastewater
Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite
Wastewater program.
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit.
If the wastewater flow exceeds 24,000 gpd or if an activated sludge treatment process is to be used,
then a wastewater treatment plant may be required.
•
Additionally, an Individual Permit through the Arizona Department of Environmental
Quality (ADEQ) may be required.
•
Please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email
treatmentplantprogram@maricopa.gov for additional information.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-6666 or
by email at septicquestions@maricopa.gov
Environmental Health –
For any food service operations occurring on site, where food is offered, sold, or prepared from a
fixed/permanent location, requires submittal of a Permanent/Fixed Food Establishment Permit
application.
•
Additional information for permanent/fixed establishments can be found on the
Environmental Health webpage.
For Environmental Health related questions, please call (602) 506-6824.
Treatment –
An Approval to Construct application is required to be submitted to the Water/Wastewater
Treatment Program for all wastewater treatment facilities.
Page | 3
Maricopa County
Environmental Services Department
Water and Waste Management
An Aquifer Protection Permit (APP) is required for all new wastewater treatment facilities or
existing wastewater treatment facilities being modified. The Arizona Department of Environmental
Quality (ADEQ) reviews, approves and issues APPs.
•
Please contact ADEQ’s Groundwater Protection Program at (602) 771-4999 or email
azpdes@azdeq.gov for additional information about this requirement.
A Maricopa Association of Governments (MAG) 208 plan certification is required if the new
wastewater facility/system is not already identified in the existing MAG 208 plan. The MAG
reviews and approves MAG 208 plan certifications.
•
Please contact MAG’s Water Quality Advisory Committee at (602) 254-6300 or email
mag@azmag.gov for additional information about this requirement.
Note:
•
A MAG 208 certification must be obtained prior to an Approval To Construct application
being submitted to the MCESD’s Treatment Program.
For treatment related questions, please contact the Water/Wastewater Treatment Program at (602)
372-2861 or email treatmentplantprogram@maricopa.gov.
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s Subdivision
& Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure.
An Approval of Sanitary Facilities (Subdivision) application is required to the MCESD’s
Subdivision & Infrastructure Program for Subdivisions with Single Family Residences and for
Condominiums/Town Homes.
Prior to issuance of an Approval of Construction for water infrastructure for subdivisions,
confirmation of an approved Elementary Business Plan (EBP) with the Arizona Department of
Environmental Quality must be verified with the MCESD Subdivision and Infrastructure Program.
The EBP confirms assured water supply for subdivision.
For subdivision related questions, please contact the Subdivision and Infrastructure Program at
(602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of CPA2023002,
however these items must be addressed with the development of the site. Environmental Services
does not require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are
provided for the benefit of the applicant for MCESD permit requirements and as an advisory to
Maricopa County Planning and Development Department. Other Maricopa County agencies may
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Maricopa County
Environmental Services Department
Water and Waste Management
have additional requirements. Final review and approval will be made through Planning and
Development Department procedures. Applicant may need to submit separate applications to the
Maricopa County Environmental Services Department for approval of proposed facilities regulated
by the Department. Review of any such application will be based on current regulations at the time
of application.