3. 4. CPA2023006 Z2022164 BOS REPORT_REVISED.PDF
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July 26, 2023
CPA2023006 & Z2022164
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
July 26, 2023
Case #/Title:
CPA2023006 & Z2022164 – Mangat Group
Supervisor District:
4
Applicant/Owner:
Brian Greathouse, Burch & Cracchiolo, P.A. / Tonopah 80 Land, LLC
Requests:
1) General comprehensive plan amendment (CPA) to change the
land use designation in the Vision 2030 Maricopa County
Comprehensive Plan from Community Retail to Miscellaneous
Retail. CPA case approval is by Resolution.
2) Zone change with overlay from Rural-43 to C-2 CUPD
Site Location:
Generally located at the NEC of Wintersburg Rd. & I-10 in the
Tonopah area
Site Size:
Approximately 82.5 acres
County Island Status:
N/A
Additional
Comments:
The applicant is seeking a CPA to change the land use designation
in the Vision 2030 Maricopa County Comprehensive Plan from
Commercial Retail to Miscellaneous Retail and a zone change with
overlay from Rural-43 to C-3 CUPD to allow the development of a
travel center. A Plan of Development is not proposed at this time,
but the conceptual plan shows the travel center is planned to
include a gas station, electric vehicle charging, truck parking and an
associated truck service building, a convenience store, retail pads,
and an accessory solar farm on the eastern portion of the site.
There are no outstanding concerns from reviewing county
agencies, interested parties, and adjacent property owners for this
request. The CPA case approval is by Resolution, attached.
Commission
Recommendation:
On 6/8/23, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve CPA2023006.
On 6/8/23, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve Z2022164
subject to conditions ‘a’ – ‘o’:
July 26, 2023
CPA2023006 & Z2022164
Page 2 of 4
a.
Development of the site shall be in conformance with the Zoning Exhibit entitled “Zoning
Exhibit Map”, consisting of 1 page, dated January 12, 2023, and stamped received
February 3, 2023 except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Mangat Group”, consisting of 10 pages, dated 3rd Submittal May 18, 2023, and
stamped received May 18, 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 building
lots/units, 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. MCDOTS’s review comments of the TIS are attached hereto. The comments must be
addressed as part of the Plan of Development application.
An updated traffic impact study must be submitted with future entitlement (POD)
application(s).
3. Right-of-Way dedication (100’ along Wintersburg Ave. and 40’ along Osborn Ave.) will
be required as part of future entitlement(s) (i.e. Plan of Development).
4. If required, CLOMR approval by the Flood Control District of Maricopa County is
required prior to issuance of permits for site development.
5. 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 following C-3 CUPD standards shall apply:
1. Drought-tolerant landscaping shall be provided for screening to rural or residential
zoning boundary located to the east, northern, and southern portion of the site.
2. Electronic message display permitted for freestanding monument or pole-type service
station signs identifying current price(s) of fuel sold, car wash service prices, or any
promotional material in connection with the service state use.
July 26, 2023
CPA2023006 & Z2022164
Page 3 of 4
3. A freestanding monument sign height of 24’ within 200’ of a rural or residential zoning
district.
4. A max. height of 65’ of Freeway Pylon Sign permitted.
5. A max. gross area of 50% of a Freeway Pylon Sign structure permitted.
6. 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 electricity generated by the solar panels shall be used exclusively for the operations
of the travel center.
g.
The developer/owner(s) shall address all requirements of ADOT as per the e-mail dated
October 17, 2022 prior to issuance of construction permits.
h.
The developer/owner(s) shall address all recommendation of the Arizona Game and Fish
Department (AZGFD) included in the letter dated October 13, 2022, prior to issuance of
the initial construction permit.
i.
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.
j.
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.
k.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance requirements.
July 26, 2023
CPA2023006 & Z2022164
Page 4 of 4
l.
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.
m.
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.
n.
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.
o.
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:
Paola Jaramillo, Planner
Nick Schlimm, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
6/8/23 P&Z Packet (48 pages)
CPA2023006 Resolution (2 pages)
Note:
6/8/23 Draft P&Z Minutes are not available as of the writing of this report but can be provided
upon request later when available.
CPA2023006 & Z2022164
Page 1 of 13
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Cases:
CPA2023006 & Z2022164 – Mangat Group
Hearing Date:
June 8, 2023
Supervisor District:
5
Applicant:
Brian Greathouse, Burch & Cracchiolo, P.A.
Owner:
Tonopah 80 Land, LLC
Requests:
1) General comprehensive plan amendment (CPA) to change the land use
designation in the Vision 2030 Maricopa County Comprehensive Plan from
Community Retail to Miscellaneous Retail
2) Zone change with overlay from Rural-43 to C-3 CUPD
Site Location:
Generally located at the NEC of Wintersburg Rd. & I-10 in the Tonopah area
Site Size:
Approx. 82.48 acres
Density:
N/A
County Island:
No
County Plan:
Tonopah/Arlington Area Plan – Community Retail
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendations:
1) Approve
2) Approve with conditions
CPA2023006 & Z2022164
Page 2 of 13
Project Summary:
1.
The applicant is requesting a CPA to change the land use designation in the Vision 2030 Maricopa
County Comprehensive Plan from Commercial Retail to Miscellaneous Retail. In addition to the
CPA, the applicant is requesting a zone change with overlay from Rural-43 to C-3 CUPD. The
subject site is approximately 82.48 acres.
2.
The subject property is undeveloped. The CPA is being requested to allow the applicant to seek
zoning for a travel center with associated retail and dining establishments. A plan of development
is not proposed at this time, but the applicant presented to staff a conceptual plan for a travel
center. This travel center is planned to include a gas station, electric vehicle charging, truck
parking and an associated truck service building, a convenience store, retail pads, and an
accessory solar farm on the eastern portion of the site. The electricity generated by these solar
panels will be used exclusively for the operations of the travel center.
3.
Primary access to the site will be available by way of an ingress/egress driveway along
Wintersburg Road, to be located approximately 800’ north of the westbound entrance/exit ramps
on I-10. In addition, an ingress/egress will be located only for trucks along Osborn Road with an
additional egress for trucks near a proposed truck service station. A sign will be located near the
egress on Osborn Road that will have language to prohibits trucks beyond the eastern portion of
the site of Osborn Road, where the solar use is being proposed.
4.
The narrative provided for CPA2023006 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
note solely for the good or benefit of a particular landowner or owners at a particular point in time.
The applicant states in the 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 provide benefits at the state, regional, and local levels. Specifically, the proposed travel center
would create permanent jobs and generate tax revenue from the sale of fuel, electricity (for
vehicle charging), food, and retail goods. The travel center would also benefit travelers and local
residents alike with a source of fuel, dining, and retail options, all conveniently located near I-10.
Whether the amendment will adversely impact all or a portion of the planning area by:
A. Altering acceptable land use patterns to the detriment to the plan.
The land use onsite is already designated for a retail use. The applicant states that the
amendment would in fact establish a more acceptable land use by providing interstate
travelers along I-10 a safe stop to rest and refuel. Likewise, travelers and local residents alike
would benefit from the combined provision of fuel, food, and retail services in a location where
such services are currently in short supply.
B. Requiring public expenditures for larger and more expensive infrastructure.
All costs associated with any larger or more expensive infrastructure required due to the site’s
development shall be borne by the developer.
CPA2023006 & Z2022164
Page 3 of 13
C. Requiring public improvements to roads, sewer, or water systems that are needed to support
planned land uses.
All public improvement costs associated with the development; including those for roads,
sewer systems, and water systems; shall be borne by the developer.
D. Adversely impacting planned uses because of increased traffic.
The applicant notes that, by virtue of being located right off the I-10, the travel center would
be unlikely to increase traffic in nearby residential areas. Drivers exiting the I-10 to access the
travel center would be expected to proceed back to I-10 upon leaving (unless a driver’s
ultimate destination is to the north of the travel center, and the travel center is simply a stop
on the way). In other words, most of the increase in traffic would be limited to that portion of
Wintersburg Road between the I-10 interchange and the ingress/egress driveway serving the
travel center (on that note, the conceptual site plan shows the driveway located only about
800’ north of the westbound entrance/exit ramps for I-10). For this reason, the site’s impact
on existing, surrounding land uses due to traffic is expected to be minimal.
E. Affecting the livability of the area or the health or safety of present and future residents.
The applicant notes that the travel center has been designed to ensure safe circulation to and
from the site along Wintersburg Road. Additionally, the proposed solar field would provide a
large buffer, or “transition area,” between the travel center itself and the existing residences
east of the site. The applicant also acknowledges that care will be taken to mitigate noise,
dust, and any other disturbances during construction. The applicant notes that their proposal
will not cause any social, visual, traffic, air quality, water quality, or other impacts with adverse
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.
Per the applicant, no significant, unique, or critical wildlife habitats, endangered and/or
protected flora/fauna species, or significant cultural/archaeological resources have been
identified onsite. Even so, in the event such resources are found during development, the
applicant confirms that appropriate measures will be taken to preserve them and to contact
the relevant agencies.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The narrative acknowledges that the Vision 2030 Comprehensive Plan seeks to balance
development and growth in Maricopa County with residents’ quality of life. It also acknowledges
the county’s mission, stated as being “to provide regional leadership and fiscally responsible,
necessary public services so that residents can enjoy living in a healthy and safe community.” Per
the applicant, the amendment will build on the county’s fiscal strength by generating significant
tax revenue and adding employment opportunities for county residents. The travel center will
provide a necessary public service to residents and interstate travelers alike with the sale of fuel,
food, and retail items. The travel center will also support the county’s mission of maintaining a
healthy and safe community by providing a critical resting point for drivers, effectively ensuring
that they remain alert as they drive through the county.
CPA2023006 & Z2022164
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The extent to which the amendment is consistent with the specific goals and policies contained
within the plan.
The narrative states that the subject site meets the following goals and policies of the Vision
2030 Maricopa County Comprehensive Plan. The narrative provides details about how the project
intends to meet these goals and policies.
Vision 2030 Maricopa County Comprehensive Plan
Land Use Element – Goal 3, Policy 10
Transportation Element – Goal 1, Goal 2
Environment Element – Policy 5, Policy 10
Economic Element – Goal 1, Policy 10
Growth Areas Element – Goal 1
Open Space Element – Goal 1
Water Resources Element – Policy 5
Energy Element – Goal 4
Cost of Development Element – Goal 1
5.
The subject property is currently zoned Rural-43. The applicant is requesting to vary development
standards to the existing standards for the C-3 zoning district to allow a landscape buffer in lieu
of the required solid masonry wall and to increase the height and area of signs near a residential
or rural zoning district. The proposed C-3 CUPD zoning district are listed below:
Regulation
Base Zoning District
Regulations (C-3)
Proposed Zoning
Regulations (C-3 CUPD)
Height (max.)
40’
40’
Front Yard (min.)
25’
25’
Side Yard (min.)
10’
10’
Rear Yard (min.)
25’ (abutting rural/residential) 25’ (abutting rural/residential)
Lot Area (min.)
6,000 sq. ft.
6,000 sq. ft.
Lot Width (min.)
60’
60’
Lot Coverage (max.)
60%
60%
Parking Spaces (min.)
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
Drought-tolerant landscaping
areas provided in lieu of site
screening requirements
Sign Regulations
MCZO Sections 1401 & 1403
MCZO Sections 1401 & 1403
Service Station Signs, per
MCZO Article 1403.2.6
Shall be freestanding,
monument-type and shall
only identify the current
price(s) of fuel sold and cost
of the car wash service.
May be freestanding
monument or pole-type and
may identify current price(s)
of fuel sold, car wash service
prices, or any promotional
material in connection with
the service station use.
Electronic Message Displays
are permitted.
Max. Height of Freestanding
Monument Sign
12’ if located within 200’ of
rural or residential zoning
24’
Max. Height of Freeway Pylon
Sign
N/A – only permitted in C-S
and C-2 Zoning Districts
65’ in the C-3 Zoning District
CPA2023006 & Z2022164
Page 5 of 13
Max.
Area
/
Size
of
Freestanding Monument Sign
120 sq. ft.
120 sq. ft.
Max. Area / Size of Freeway
Pylon Sign
N/A – only permitted in C-S
and C-2 Zoning Districts
50% gross area of structure
within the C-3 Zoning District
Solar Use
MCZO Section 1206
MCZO Section 1206
The proposed landscaping screening/buffer would suffice as the active portion of the proposed
travel center will be located at the western end of the subject site, far from the residential
properties located to the east. Moreover, the landscape area will preserve and enhance the rural
character of the area.
The proposed signage standard deviations for the C-3 zoning district for signs located within 200
feet of a rural or residential zoning district is to allow a monument sign on the western side of the
subject site, within close proximity of the I-10, the access road, and Wintersburg Road. The
additional height will allow drivers along the I-10 and drivers exiting the I-10 freeway to see the
sign and identify the entrance.
Exhibit 1 – Rural-43 Zoning District & Surrounding Zoning Districts
CPA2023006 & Z2022164
Page 6 of 13
Exhibit 2 – 2023 Aerial Map
Exhibit 3 – Land Use Exhibit
CPA2023006 & Z2022164
Page 7 of 13
Exhibit 4 – Zoning Exhibit
Exhibit 5 – Conceptual Site Plan
CPA2023006 & Z2022164
Page 8 of 13
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural-43 / Vacant
North:
Rural-43 / Vacant
South:
Rural-43 / Vacant
East:
Rural-43 / Single-family residences
West:
Wintersburg Road, then Rural-43 / Vacant
Utilities and Services:
7.
Water:
Onsite well
Wastewater:
Onsite sewer
School District:
Saddle Mountain Unified School District
Fire:
Rural Metro Fire Department (RFMD)
Police:
Maricopa County Sherriff’s Office (MCSO)
Right-of-Way:
8.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Wintersburg
Road
45’
TBD
Parkway
Osborn Road
20’
40’
Major Collector
Adopted Plans:
9.
Vision 2030 Maricopa County Comprehensive Plan (adopted January 13, 2016): This is the most
recent update to the Maricopa County Comprehensive Plan. Like the Tonopah / Arlington Area
Plan, the Comprehensive Plan provides definitions of land use categories, including “Community
Retail.” Similar to the Area Plan, “Community Retail” is defined here as development with a “lead
tenant of one or more department, warehouse, or specialty retail stores along with small-scale
secondary stores typical of a Power Center.” Total retail space for Community Retail is provided
as being anywhere between 100,000 and 400,000 square feet, with an anchor ratio of 40% to 60%.
The typical site area for Community Retail is set at up to 40 acres, with C-S being considered the
most appropriate zoning district.
Vision 2030 also establishes the “Miscellaneous Retail” category. This is defined here as
accommodating “stand alone commercial uses that do not meet any other commercial land use
category, and are intended to serve local or community needs.” The most appropriate zoning
district for Miscellaneous Retail is loosely defined as being the “least intensive zoning district to
meet requirements.”
10.
Tonopah / Arlington Area Plan (adopted September 6, 2000): This area plan designates the site
as a “Community Retail Center.” This category “denotes areas where general neighborhood /
community based commercial uses may take place. This category permits developments with a
building area of 100,000 to 500,000 square feet. The Community Retail Center provides for the
sale of convenience goods (food, drugs, and sundries) and personal services which meet the daily
CPA2023006 & Z2022164
Page 9 of 13
needs of an immediate neighborhood trade area. Such a trade area shall serve a minimum
population of 5,000 people. A limited number of permitted activities should be provided. A market
analysis may be required. A community sewer and water system will be required for development.
All uses within this category are subject to plan review and approval.”
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 site, 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.
Staff received a letter from the Tonopah Valley Community Council making suggestions to the applicant
regarding the proposed development. The applicant has been working with Tonopah Valley Community
Council and with four (4) property owners that have an interest in this project to accommodate their
concerns. The applicant has updated the site plan and narrative with the suggestions made by parties of
interest. To date, staff has not received any letters of opposition from members of the public.
12.
Staff routed the request to various external agencies including ADOT, AZGFD, and AZSHPO.
AZGFD commented stating that there are no concerns and ADOT sent comments supporting the
proposal and state that they will require a full traffic analysis. AZGFD recommended various best
practices for implementation during construction if the site develops.
Outstanding Concerns from Reviewing Agencies:
13.
N/A
Staff Analysis:
14.
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
Wintersburg Road interchange. Since the adoption of the Tonopah/Arlington Area Plan in 2000,
the Vision 2030 Maricopa County Comprehensive Plan established new land use designations for
commercial uses. The uses conceptualized by the applicant correspond most appropriately with
the Miscellaneous Retail designation, which allows 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 that the Tonopah / Arlington Area Plan specifically states that the Wintersburg
Interchange node should favor housing development north of I-10, keying off Ruth Fisher School,
Valley Baptist Church, and light industrial/manufacturing uses south of I-10 along Wintersburg
Road (near the Palo Verde Nuclear Generating Station). At this time, however, urban services
(most notably, water and wastewater) are not sufficiently available in the area to support
significant residential development. The proposed Miscellaneous Retail designation will not
encourage residential development (though it will not necessarily discourage development
either). On the other hand, it will not require urban services to the extent that residential
development would. Furthermore, it would allow for the zoning necessary for a travel center, a
convenience for travelers and truckers along I-10 in need of a place to stop, as well as a
convenient commercial node for local residents who are already nearby.
CPA2023006 & Z2022164
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15.
The request is consistent with the Comprehensive Plan and meets its goals and policies. Staff’s
position is that this project, as proposed and as governed by the recommended conditions,
represents proper long-term land use planning in the region and for Maricopa County as a whole.
16.
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-intensive uses. Staff finds that, should a travel center and truck stop develop, the area will
benefit from job growth and the county will benefit from the sales taxes 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 the IND-2 and IND-3 zoning districts.
17.
Staff notes that ADOT supports the proposal and is requesting further analysis and future
development of the I-10/Wintersburg Road interchange. Recommendations noted by AZGFD will
be required to be addressed at the time of construction permitting.
Recommendation (Two Motions – CPA2023006 & Z2022164):
18.
For the reasons outlined in this report, Staff recommends the Commission adopt a motion that
the Board of Supervisors Approve CPA2023006.
19.
For reasons outline in this report, Staff recommends the Commission adopt a motion that the
Board of Supervisors Approve Z2022164, subject to conditions ‘a’ – ‘o’:
a.
Development of the site shall be in conformance with the Zoning Exhibit entitled “Zoning
Exhibit Map”, consisting of 1 page, dated January 12, 2023, and stamped received
February 3, 2023 except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Mangat Group”, consisting of 10 pages, dated 3rd Submittal May 18, 2023, and
stamped received May 18, 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 building
lots/units, 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.
CPA2023006 & Z2022164
Page 11 of 13
2.
MCDOTS’s review comments of the TIS are attached hereto. The comments must
be addressed as part of the Plan of Development application.
An updated traffic impact study must be submitted with future entitlement (POD)
application(s).
3.
Right-of-Way dedication (100’ along Wintersburg Ave. and 40’ along Osborn Ave.)
will be required as part of future entitlement(s) (i.e. Plan of Development).
4.
If required, CLOMR approval by the Flood Control District of Maricopa County is
required prior to issuance of permits for site development.
5.
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 following C-3 CUPD standards shall apply:
1.
Drought-tolerant landscaping shall be provided for screening to rural or residential
zoning boundary located to the east, northern, and southern portion of the site.
2.
Electronic message display permitted for freestanding monument or pole-type
service station signs identifying current price(s) of fuel sold, car wash service
prices, or any promotional material in connection with the service state use.
3.
A freestanding monument sign height of 24’ within 200’ of a rural or residential
zoning district.
4.
A max. height of 65’ of Freeway Pylon Sign permitted.
5.
A max. gross area of 50% of a Freeway Pylon Sign structure permitted.
6.
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
CPA2023006 & Z2022164
Page 12 of 13
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 electricity generated by the solar panels shall be used exclusively for the operations
of the travel center.
g.
The developer/owner(s) shall address all requirements of ADOT as per the e-mail dated
October 17, 2022 prior to issuance of construction permits.
h.
The developer/owner(s) shall address all recommendation of the Arizona Game and Fish
Department (AZGFD) included in the letter dated October 13, 2022, prior to issuance of
the initial construction permit.
i.
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.
j.
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.
k.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance requirements.
l.
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.
m.
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.
n.
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.
o.
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
CPA2023006 & Z2022164
Page 13 of 13
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:
Paola Jaramillo, Planner
Nicholas Schlimm, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Maps (2 pages)
Land Use Exhibit (1 page)
Zoning Exhibit (1 page)
Conceptual Site Plan (1 page)
CPA2023006 Narrative Report (8 pages)
Z2022164 Narrative Report (10 pages)
MCDOT comments (2 pages)
MCESD comments for CPA2023006 (2 pages)
MCESD comments for Z2022164 (1 page)
Engineering Comments for Z2022164 (2 pages)
AZGFD Comments (2 pages)
ADOT Comments (1 page)
Letter from Tonopah Valley Community Council (2 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 83 approx.
Generated May 30, 2023 09:24 AM
CPA2023006
Application Name:
Legal Description
Mangat Group EDR
Applicant
Case Address
T02N R06W 027,
Brian Greathouse for Burch & Cracchiolo, P.A.
Applicant Phone/Email
Parcel Primary:506-40-019C
602.234.9903
bgreathouse@bcattorneys.com
Map scale 1:3,275
Supervisor District No.
REQUESTING A MINOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATION OF APPROXIMATELY 82.4 GROSS ACRES (APN 506-40-019C) FROM COMMUNITY RETAIL
5.3585 in
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 83 approx.
Generated May 30, 2023 13:43 PM
Z2022164
Application Name:
Legal Description
Mangat Group EDR
Applicant
Case Address
T02N R06W 027,
Brian Greathouse for Burch & Cracchiolo, P.A.
Applicant Phone/Email
Parcel Primary:506-40-019C
602.234.9930
bgreathouse@bcattorneys.com
Map scale 1:6,393
Supervisor District No.
REQUEST TO REZONE FROM RU-43 TO C-3 CUPD TO ALLOW DEVELOPMENT OF A NEW TRAVEL
CENTER WITH A GAS STATION, TRUCK SERVICE BUILDING, CONVENIENCE STORE AND RETAIL PADS
5.3585 in
1-10 ACCESS RD.
WINTERSBURG RD. (379TH AVE.)
W.
OSBORN RD.
1-10 ACCESS RD.
506-40-019C
TONOPAH 80 LAND
EXISTING ZONING RU-43
PROPOSED C-3 CUPD
1-10 ACCESS RD.
WINTERSBURG RD. (379TH AVE.)
W.
OSBORN RD.
1-10 ACCESS RD.
10
ARIZONA
INTERSTATE
NOT TO SCALE
CPA #: CPA2023006
PAGE 1
506-40-019C
TONOPAH 80 LAND
EXISTING LAND USE:
COMMUNITY RETAIL
10
ARIZONA
INTERSTATE
LAND USE EXHIBIT
EXISTING LAND USE
PROPOSED LAND USE
506-40-019C
TONOPAH 80 LAND
PROPOSED LAND USE:
MISCELANEOUS RETAIL
COMMUNITY RETAIL
RURAL DENSITIES (0-1 DU/AC)
COMMUNITY RETAIL
RURAL DENSITIES (0-1 DU/AC)
MISCELANEOUS RETAIL
55
55
506-40-019C
TONOPAH 80 LAND
EXISTING ZONING RU-43
PROPOSED C-3 CUPD
WINTERSBURG RD. (379TH AVE.)
1-10 ACCESS RD.
W. OSBORN RD.
CASE #: Z2022164
SHEET 2
ZONING EXHIBIT MAP
THIS
SITE
379TH AVE WINTERBURG RD
W INDIAN SCHOOL RD
395TH AVE
W ENCANTO BLVD
387TH AVE
411TH AVE
VICINITY MAP
NOT TO SCALE
10
ARIZONA
INTERSTATE
BOLLINGER CONSULTING ARCHITECTS
DATE: 1/12/2023
NOT TO SCALE
ZONE CHANGE FROM RU 43 TO C-3 CUPD OVERLAY
SOLAR USE WILL ONLY SERVE THE TRAVEL CENTER AND
WILL NOT SERVE ANY PRIVATE ENTITY; OR ENTER THE
ELECTRICAL UTILITY GRID.
1-10 AND WINTERSBURG RD
(379TH AVE) TONOPAH,
ARIZONA 85354
10
ARIZONA
INTERSTATE
506-40-019C
TONOPAH 80 LAND
EXISTING ZONING RU-43
PROPOSED C-3 CUPD
02/03/23
319.90'
93.59'
791.63'
161.21'
13
31
8
10
WINTERSBURG RD. (379TH AVE.)
1-10 ACCESS RD.
55
55
TRUCK DEISEL (x8)
EV CHARGING (x10)
DOG PARK
SCALES , PARKING, CHARGE
STAGING AREA (x25)
TRUCK
SERVICE
BUILDING
±12,500 SF
TRAVEL
CENTER,
2+ QSR
±15,000 SF
TRUCK PARKING SPACES (x215)
LEECH
FIELDS
DRIVE-THRU
TRUCKING ENTRANCE
TRUCKING EXIT
W. OSBORN RD.
EV CHARGING LOT (x42)
FUELING CANOPY (x24)
CAR ENTRY/EXIT
U.G. FUEL STORAGE TANKS
TRUCKER
ENTRANCE
PARKING
AREA
BATTERY ARRAY
ACCESS ROAD
SOLAR PANELS
SOLAR PANELS
TRAVEL CENTER
± 23.1 ACRES
FUTURE
RETAIL ±
3.2 ACRES
13
26
101 SPACES
14
14
14
10
13
65 SPACES
10
100' HALF STREET DEDICATION
40' HALF STREET DEDICATION
8' CHAINK LINK
FENCE AROUND
SOLAR PANELS
20' SETBACK
8' CHAINK LINK
FENCE AROUND
SOLAR PANELS
8' CHAINK LINK
FENCE AROUND
SOLAR PANELS
NO TRUCKS BEYOND
THIS POINT
PROVIDE SIGN AT
BOTH SIDES OF
STREET
NO TRUCKS
TURNING BEYOND
THIS POINT
PROVIDE SIGN AT
BOTH SIDES OF
STREET
PROVIDE SIGN AT
BOTH SIDES OF
STREET
PROVIDE SIGN AT
BOTH SIDES OF
STREET
PROVIDE SIGN AT
BOTH SIDES OF
STREET
PROVIDE SIGN AT
BOTH SIDES OF
STREET
SOLAR ARRAY
± 28 ACRES
CONCEPTUAL SITE PLAN
SITE DATA
THIS
SITE
379TH AVE WINTERBURG RD
W INDIAN SCHOOL RD
395TH AVE
W ENCANTO BLVD
387TH AVE
411TH AVE
VICINITY MAP
NOT TO SCALE
10
ARIZONA
INTERSTATE
10
ARIZONA
INTERSTATE
NOT TO SCALE
ZONE CHANGE FROM RU 43 TO C-3 CUPD OVERLAY
SOLAR USE WILL ONLY SERVE THE TRAVEL CENTER AND WILL NOT SERVE
ANY PRIVATE ENTITY; OR ENTER THE ELECTRICAL UTILITY GRID.
SHEET 1
1-10 AND WINTERSBURG RD
(379TH AVE) TONOPAH,
ARIZONA 85354
ZONING EXHIBIT:
BOLLINGER CONSULTING ARCHITECTS
DATE: 4/24/23
ZONING CHANGE CASE #: Z2022164
CPA CASE #:
LEGAL DESCRIPTION
PART OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 6 WEST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 27;
THENCE RUNNING ALONG THE WESTERLY LINE OF SECTION 27 NORTH 0° 32‘ 58“ EAST A DISTANCE OF
2171.55 FEET;
THENCE SOUTH 89° 27‘ 02“ EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 0° 32‘ 58“ EAST 423.68 FEET;
THENCE SOUTH 89° 32‘ 12“ EAST 2539.64 FEET;
THENCE SOUTH 0° 32‘ 53“ WEST 2155.89 FEET;
THENCE NORTH 74° 32‘ 36“ WEST 472.18 FEET:
THENCE NORTH 68° 24‘ 49“ WEST 218.17 FEET;
THENCE NORTH 0° 32‘ 58“ EAST 677.03 FEET;
THENCE NORTH 89° 31‘ 16“ WEST 1021.20 FEET;
THENCE NORTH 39° 26’ 50“ WEST 124.83 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1295.92 FEET, AN ARC LENGTH
OF
791.63 FEET, A DELTA ANGLE OF 35° 00‘ 00“, A CHORD BEARING OF NORTH 56° 56‘ 50“ WEST, AND A
CHORD LENGTH OF 779.38 FEET:
THENCE NORTH 74° 50‘ 40“ WEST 73.41 FEET;
THENCE NORTH 0° 32‘ 58” EAST 319.89 FEET;
THENCE NORTH 89° 27‘ 02“ WEST 50.01 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 79.155 ACRES MORE OR LESS.
NET ACREAGE
MANGAT GROUP
FOR A GENERAL COMPREHENSIVE PLAN
AMENDMENT TO CHANGE THE LAND USE
DESIGNATION IN THE VISION 2030 MARICOPA
COUNTY COMPREHENSIVE PLAN FROM COMMUNITY
RETAIL TO MISCELLANEOUS RETAIL
Mangat Travel Center
Narrative
Approximately 82.4 gross acres located
Northeast corner of 379th Avenue/Wintersburg Road and Interstate 10
Maricopa County, Arizona
1st Submittal: March 3, 2023
2nd Submittal: April 25, 2023
Case No. CPA2023006
Prepared by:
Ed Bull, Brian Greathouse and Ali Bull
Burch & Cracchiolo, P.A.
1850 North Central, Suite 1700
Phoenix, Arizona 85004
602-274-7611
2 | P a g e
DEVELOPMENT TEAM
Property Owner
Tonopah 80 Land, LLC aka Mangat Group
Attn: Tony Singh
7138 North 110th Avenue
Glendale, AZ 85307
Architect
Bollinger Consulting Architects
Attn: Kevin Bollinger
3428 East Indian School Road
Phoenix, AZ 85018
Phone: (602) 957-9205
Signage
Trademark Visual, Inc.
Attn: David Baum
3825 South 36th St.
Phoenix, AZ 85040
Phone: (602) 272-5055
Zoning Entitlements
Burch & Cracchiolo, P.A.
Attn: Ed Bull, Brian Greathouse and Ali Bull
1850 North Central Avenue, Suite 1700
Phoenix, AZ 85004
Phone: (602) 234-9913
3 | P a g e
A.
EXECUTIVE SUMMARY
Mangat Group (“Mangat”) is requesting a minor Comprehensive Plan Amendment (CPA)
of the Vision 2030 Comprehensive Plan to change the land use designation of approximately 82.4
gross acres from “Community Retail” to “Miscellaneous Retail.” The CPA request is
accompanied by a zone change request from RU-43 to C-3 CUPD.
Mangat proposes to develop a travel center with a gas station, truck service building,
convenience store and retail pads (“Travel Center”) on this vacant, underutilized Site. Solar panels
will be included on the eastern portion of the Site as an accessory use that will provide sustainable
solar energy to the development and potential future charging for semi-trucks and other vehicles.
The solar panels will only serve the Travel Center; no electricity generated on the Site will enter
the grid to serve any other private entity.
i.
On-Site and Regional Location
The proposed development Site is located approximately 5 miles east of Tonopah in an
unincorporated area of Maricopa County. The Site is situated just north of Interstate 10 and less
than 1 mile south of Ruth Fisher Middle, Saddle Mountain Unified School, and Tonopah Valley
High School. The Site is predominantly bound on four sides by rights-of-way – 379th
Ave/Wintersburg Rd to the west, Osborn Rd to the north, 375th Ave to the east, and I-10/I-10
access road to the south. A portion of the southern perimeter is separated from the I-10 access
road by another privately owned property.
The proposed CPA includes approximately 82.4 gross acres comprised of APN 506-40-
019C. The Site is currently vacant and undeveloped.
ii. CPA Size and Description of Land Use Types by Acreages
The CPA request includes approximately 82.4 gross acres currently designated
“Community Retail” which envisions “Power Centers” with an anchor store and small-scale
secondary stores on sites averaging up to 40 acres in size. This type of use is unlikely to develop
on this Site; the proposed Travel Center, however, is an appropriate and sustainable use for the
Site. Consequently, the current land use designation must be updated to “Miscellaneous Retail”
in order to facilitate the development of the Travel Center because “Community Retail” does not
envision such uses.
The current RU-43 zoning district allows a residential density of 1 dwelling unit per acre.
Principal permitted uses in the Rural zoning districts including farming, residential uses,
recreational, and institutional uses. Mangat is also processing a concurrent rezoning request to C-
3 CUPD because the proposed Travel Center is permitted in the C-3 zoning district.
iii. Roads/Transportation Systems Serving the Proposed Project
The Site is served by Interstate 10, 379th Ave/Wintersburg Rd, and Osborn Rd. Cars will
access the Site via 379th Ave/Wintersburg Rd. Commercial trucks will have separate entry and
exit access points on Osborn Rd. Improvements will be made to Osborn Rd as part of the
development.
4 | P a g e
iv. Suitability with Surrounding Land Uses
The CPA request is suitable with the Site’s nearby uses. The property north of the Site
(across Osborn Rd) and the majority of the properties to the east of the Site are developed with
low density residential uses. The southern perimeter is bordered by I-10/I-10 access road and an
undeveloped property adjacent to a portion of the I-10 access road. The Site’s proximity to I-10
makes it an ideal location for a Travel Center serving individuals and commercial drivers traveling
through Arizona.
B.
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 proposed amendment will be an overall improvement to the Comprehensive Plan. The
current designation of “Community Retail” restricts the development of the Site. This restriction
will rob the County of the benefits associated with developing the Site with the proposed Travel
Center.
Arizona will benefit from the Travel Center on the state, regional, and local level in the
form of jobs, revenue, sales tax, etc. The Travel Center is anticipated to add jobs and generate
revenue and sales tax through sales of fuel, charging for electric vehicles (personal and
commercial), food, and retail goods. Area residents will benefit from having a conveniently
located source of fuel, dining, and retail options. Moreover, the revolutionary Travel Center will
protect the region’s power supply and further the Comprehensive Plan’s goals related to solar and
other alternative power generation efforts by using solar panels to generate much of its electricity.
C.
WHETHER THE AMENDMENT WILL ADVERSELY IMPACT ALL OR
A PORTION OF THE PLANNING AREA BY:
i.
Altering Acceptable Land Use Patterns to the Detriment of the Plan
The proposed CPA will not alter the area’s land use pattern to the detriment of the Plan.
On the contrary, the amendment to the “Miscellaneous Retail” designation will benefit the area.
Residents and I-10 travelers will benefit from the conveniently located source of fuel, food, and
retail items. Moreover, the Travel Center will improve the safety of I-10 travel by providing a safe
place for drivers to rest and ensure they are alert as they travel through Arizona.
ii. Requiring Public Expenditures for Larger and More Expensive
Infrastructure
The requested CPA will not require an unreasonable public expenditure for larger and more
expensive infrastructure. While the proposed development will require infrastructure
improvements, Mangat will pay its reasonable and fair portion of the improvement costs.
5 | P a g e
iii. Requiring Public Improvements to Roads, Sewer, or Water Systems that
Are Needed to Support the Planned Land Uses
The proposed CPA will not require unreasonable public improvements to roads, sewer, or
water systems to support the planned land uses. Mangat will pay its reasonable and fair portion of
any improvement costs.
iv. Adversely Impacting Planned Uses Because of Increased Traffic
The proposed CPA is not anticipated to have an adverse impact on the area because of
increased traffic. While the Travel Center will likely serve many drivers each day, many of the
drivers will exit the I-10, enter the Travel Center, and then proceed back to the I-10. Unless a
driver’s ultimate destination is north of the Travel Center and the Travel Center is simply a stop
on the way, drivers will not proceed north and contribute to the traffic in any nearby residential or
commercial areas.
v.
Affecting the Livability of the Area or Health or Safety of Present and Future
Residents
The proposed amendment will not adversely affect the livability of the area or health or
safety of present and future residents. The Travel Center has been thoughtfully designed to ensure
safe circulation to and from the Site from I-10 and 379th Ave/Wintersburg Rd. That design will
also lessen the impact on the residential properties to the east by providing a large transition area
(solar panel field) between the active part of the Travel Center and the adjacent properties.
Moreover, the construction of the proposed development will be conducted with due care for noise,
dust, and any other disturbances (if any) that may temporarily affect nearby properties.
Consequently, the requested amendment will not cause undue social, visual, traffic, air quality,
water quality, or other impacts which may have a negative affect on the livability, health, or safety
of the area.
vi. Adversely Impacting the Natural Environment or Scenic Quality of the Area
in Contradiction to the Plan
The requested CPA will not have an adverse impact on the natural environment or scenic
quality of the area. No significant, unique, or critical wildlife habitats, endangered and/or protected
flora/fauna species, or significant cultural/archaeological resources have been identified on the
Site. However, appropriate measures will be taken to preserve such resources and appropriate
agencies will be contacted in the event such resources are found during the construction of the
proposed development. The Site is predominantly flat and will require minimal grading.
D.
WHETHER THE AMENDMENT IS CONSISTENT WITH THE OVERALL
INTENT OF THE COMPREHENSIVE PLAN.
The Vision 2030 Comprehensive Plan looks to balance development and growth with
residents’ quality of life. The Plan’s Goals and Policies address public health and safety, economic
growth, the environment, community services, and more in the furtherance of the County’s
6 | P a g e
Mission. These Goals and Policies provide guidance for proposed developments as well as Plan
Amendments.
Comprehensive Plan Amendments are approved when such amendments will benefit the
County as a whole. This analysis is based, in large part, on the proposed amendments, consistency
with the Plan’s Goals and Policies. As discussed in detail below, the requested amendment is
consistent with the Goals and Policies such that it furthers the County’s Mission “to provide
regional leadership and fiscally responsible, necessary public services so that residents can enjoy
living in a healthy and safe community.”
For example, the requested CPA will help the County build fiscal strength by generating
significant revenue from sales of fuel, electric vehicle charging, food, and retail items and offering
employment opportunities for County residents. The amendment will also help promote public
health through a safe and efficient transportation system. The Travel Center has been thoughtfully
designed to offer support for area residents and I-10 travelers. Travelers will have access to fuel
and other necessary supplies as well as a safe and comfortable place to rest ensuring drivers are
alert. Furthermore, the proposed amendment will support the County’s efforts to protect the
environment by incorporating solar power generation for onsite use and innovative charging
capabilities for commercial as well as personal vehicles.
The proposed amendment will facilitate the development of the innovative Travel Center,
contributing to the County’s economy and fiscal strength and supporting I-10 travel and area
residents in accordance with the Plan’s Mission.
E.
THE EXTENT TO WHICH THE AMENDMENT IS CONSISTENT WITH
THE SPECIFIC GOALS AND POLICIES CONTAINED WITHIN THE PLAN.
The proposed amendment and development of Mangat’s Travel Center is consistent with
the goals and policies of the Comprehensive Plan. The following goals and policies are furthered
by Mangat’s proposal:
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY
Land Use Goal #3: Exercise sound
financial management through land use
decisions that build the county’s fiscal
strength.
The Travel Center will have a very positive
impact on the County’s fiscal strength. The
Travel Center will generate significant revenue
from sales of fuel, electric vehicle charging, food,
and retail items that will benefit the County. The
Travel Center will also provide employment for
County residents which will further strengthen
the County’s fiscal strength as employees will
support other County businesses with their
earnings.
7 | P a g e
Land Use Policy #10: Maricopa County
supports coordinated planning efforts
between local, state and federal agencies.
Mangat will work with any local, state and
federal agencies necessary to develop this Site.
For example, MCDOT has already been
consulted regarding the I-10/I-10 access road
south of the Site.
Transportation Goal #1: Promote and
protect public health through a safe
transportation system.
The Travel Center will promote and protect
public health by supporting I-10 travelers. The
Site has been thoughtfully designed to ensure safe
and efficient travel to/from I-10 and within the
Site. Moreover, the Travel Center will offer a
place to rest for weary travelers ensuring drivers
are well-rested and alert.
Transportation Goal #2: Contribute to a
safe, seamless and effective transportation
system.
As discussed above, the Travel Center will
promote and protect public health by supporting
I-10 travelers. The Site has been thoughtfully
designed to ensure safe and efficient travel
to/from I-10 and within the Site. Moreover, the
Travel Center will offer a place to rest for weary
travelers ensuring drivers are well-rested and
alert.
Environment Policy #5: As directed by
SHPO and Arizona Game and Fish
Department, Maricopa County supports
cultural resource and biological surveys
being completed and needed mitigation
measures established prior to new
development.
Mangat is not aware of any
biological/archaeological resources on the Site. If
any such resources are identified before or during
construction, reasonable steps will be taken to
preserve such resources and the appropriate
agencies will be contacted. The proposed
development will not disturb any identified
natural park or recreation lands.
Environment Policy #10: Maricopa
County supports enforcement of its Dark
Sky Ordinance, and supports regional
efforts to limit excessive nighttime light.
The proposed development will provide
appropriate nighttime lighting. Lighting design
will be sensitive to the nearby residential uses and
ensure nighttime lighting is not excessive.
Economic Goal #1: Contribute to an
effective regional economy.
The Travel Center will contribute to an effective
regional economy. As discussed above, the
Travel Center will generate significant revenue
from sales of fuel, food, and retail items that will
benefit the County. The Travel Center will also
provide employment for County residents which
will further strengthen the County’s fiscal
strength as employees will support other County
businesses with their earnings.
Economic Policy #10: Maricopa County
supports leveraging its solar resource
potential to attract solar-related industries
and alternative energy research and
development.
The Travel Center’s innovative design
incorporates solar power generation for use on the
Site, including charging stations for personal
vehicles as well as commercial semi-trucks. The
County will be able to use the Travel Center’s
8 | P a g e
creative and successful concept to attract other
solar-related industries and innovation.
Growth Areas Goal #1: Achieve orderly
urban growth that is fiscally and
environmentally responsible, protects
public health and safety and promotes
sensible annexation patterns.
As discussed above, the Travel Center is fiscally
and environmentally responsible, and promotes
public health and safety. The Travel Center will
provide employment opportunities for County
residents and generate revenue from the sale of
fuel, food, and retail items, all of which will
fiscally benefit the County. The environment will
benefit from the innovative use of solar power
and electrical vehicle charging capabilities. The
Travel Center will promote safety on I-10 by
providing a place for drivers to rest, ensuring
drivers are alert as they travel through the
County.
Open Space Goal #1: Provide regional
leadership to promote environmental
quality, including the preservation of
open, natural park and recreation lands.
The proposed development will not disturb any
identified natural park or recreation lands. The
Travel Center will promote environmental quality
through its use of solar power and electric vehicle
charging facilities – including revolutionary
commercial semi-truck charging capabilities.
Water Resources Policy #5: Maricopa
County supports low water use solar
electric generating technologies.
The Travel Center will incorporate efficient solar
power generation into the Site. The electricity
generated on Site will be utilized by the Travel
Center, including the electric vehicle charging
stations. The solar generating capabilities will
significantly reduce, if not eliminate, the
electricity the Travel Center will need to obtain
from the public utility grid.
Energy Goal #4: Increase energy
efficiency in new development.
As discussed above, the Travel Center’s
innovative design incorporating solar power
generation for onsite use will be very energy
efficient.
Cost of Development Goal #1: Exercise
sound financial management and build the
County’s fiscal strength.
As discussed above, the Travel Center will have a
very positive impact on the County’s fiscal
strength. The Travel Center will generate
significant revenue from sales of fuel, food, and
retail items that will benefit the County. The
Travel Center will also provide employment for
County residents which will further strengthen
the County’s fiscal strength as employees will
support other County businesses with their
earnings.
C-3 COMMERCIAL UNIT PLAN OF DEVELOPMENT
FOR
Mangat Group
NORTHEAST CORNER OF 379TH AVENUE/WINTERSBURG ROAD AND
INTERSTATE 10
Case No. Z2022164
1st Submittal: August 22, 2022
2nd Submittal: March 3, 2023
3rd Submittal: May 18, 2023
05/18/23
2
DEVELOPMENT TEAM
Property Owner
Tonopah 80 Land, LLC aka Mangat Group
Attn: Tony Singh
7138 North 110th Avenue
Glendale, AZ 85307
Architect
Bollinger Consulting Architects
Attn: Kevin Bollinger
3428 East Indian School Road
Phoenix, AZ 85018
Phone: (602) 957-9205
Signage
Trademark Visual, Inc.
Attn: David Baum
3825 South 36th St.
Phoenix, AZ 85040
Phone: (602) 272-5055
Zoning Entitlements
Burch & Cracchiolo, P.A.
Attn: Ed Bull, Brian Greathouse and Ali Bull
1850 North Central Avenue, Suite 1700
Phoenix, AZ 85004
Phone: (602) 234-9913
3
TABLE OF EXHIBITS
Exhibit No.
Description
1
Aerial Map
4
MANGAT GROUP C-3 CUPD NARRATIVE
PURPOSE OF REQUEST
This request is for a C-3 Commercial Unit Plan of Development (“CUPD”) on
approximately 82.4 net acres located at the northeast corner of 379th Avenue/Wintersburg Road
and Interstate 10 (“I-10”), which is in District 4 of Maricopa County, Arizona (the “Site”). An
Aerial Map of the Site is provided at Exhibit 1.
DESCRIPTION OF PROPOSAL
Mangat Group (“Mangat”) requests this Site be rezoned from RU-43 to C-3 CUPD to allow
the development of a new travel center with a gas station, truck service building, convenience store
and retail pads (“Travel Center”) on this vacant, underutilized Site. Solar panels will be included
on the eastern portion of the Site as an accessory use that will provide sustainable solar energy to
the development and potential future charging for semi-trucks and other vehicles. The solar panels
will only serve the Travel Center; a net surplus of the electricity generated will not enter the grid
to serve any other private entity.
The proposed Travel Center development will include the construction of a new
approximately 15,000 SF convenience store with fuel stations for personal vehicles and
commercial trucks. Charging stations will also be provided for electric vehicles. The Travel
Center will offer a variety of food options. In addition to the food court-style restaurants housed
by the convenience store, additional restaurants will likely be incorporated into the retail pads.
The development will revitalize this underutilized vacant Site with a modern Travel Center
with enhanced architecture and high-quality building materials. Additionally, the canopies will
incorporate features of the buildings such that they are consistent and complement the design of
the overall Site. Mangat’s signs will be located on the convenience store and sides of the fuel and
charging station canopies.
A freestanding monument sign will be located at the southern entrance on the western
boundary of the Site along 379th Avenue/Wintersburg Road. One freeway Pylon Sign will be
located along the I-10 access road frontage proximate to the southwest corner of the Site and a
second Freeway Pylon Sign will be located along the I-10 frontage road within the southeast
portion of the Site, which will be located within 50 feet of the south property line.
The Travel Center will operate 24 hours per day, Sunday through Saturday. Security
cameras will be placed in appropriate locations throughout the Travel Center, which will also be
monitored by 24/7 onsite security.
RELATIONSHIP TO SURROUNDING PROPERTIES
The Site is surrounded on the west and south by 379th Avenue/Wintersburg Road and
Interstate 10, respectively. The property north of the Site (across Osborn Road) and the majority
of the properties to the east of the Site are currently developed with residential uses and zoned RU-
5
43. The Site is an ideal location for a Travel Center offering fuel and services to the numerous
cars and trucks that pass by on their way to/from western Arizona and California each day.
LOCATION AND ACCESSIBILITY
The Site is located at the northeast corner of 379th Avenue/Wintersburg Road and Interstate
10. Travelers on Interstate 10 will exit at the 379th Avenue/Wintersburg Road exit and proceed
north toward the Travel Center. There will be one driveway located on the Site’s 379th
Avenue/Wintersburg frontage and two driveways for commercial trucks located along the Site’s
Osborn Road frontage. The driveways on 379th Avenue/Wintersburg Road will allow ingress and
egress (right in right out). The western driveway on Osborn Road will be ingress only and the
eastern driveway on Osborn Road will be egress only. This design will provide Mangat’s
customers, vendors and employees with safe and easy access to and from the Site.
CIRCULATION SYSTEM
Mangat will perform necessary street improvements to Osborn Road and 379th Avenue.
Further, the onsite circulation and parking layout has been designed to provide a safe, efficient and
convenient customer experience. Pedestrian access will be provided to the convenience store and
retail pads. Truck parking spaces will be accessory to the Travel Center. Car parking is provided
along the west and south sides of the convenience store and east of the charging stations located
south of the convenience store.
DEVELOPMENT SCHEDULE (PHASING)
The Retail developments and Travel Center and its accessory uses will be developed in
multiple phases.. Mangat anticipates three phases of development. Phase 1 is anticipated to
include the convenience store with gasoline and diesel fuel. Construction of Phase 1 is anticipated
to begin in April 2024 and be complete in April 2025. Phase 2 is anticipated to include the electric
charging stations and solar power facility. The solar panels will be installed from west to east,
with those nearest the Travel Center being installed first and those nearest the residential properties
to the east of the Site being installed last. Construction of Phase 2 is anticipated to begin in January
2026 and be complete in May 2027. Phase 3 is anticipated to include the commercial and retail
pads. Construction of Phase 3 is anticipated to begin in January 2028 and will continue based on
market conditions.
COMMUNITY FACILITIES AND SERVICES
There will be no residential development on the Site. This rezoning request to C-3 CUPD
will allow the development of a Travel Center on the Site, which will generate increased property
taxes, sales tax and other revenues for the County and School District that will help fund schools
and other amenities in the area. Further, the Travel Center will not have any negative impacts on
any school district, parks or other amenities in the area. Specifically, the Travel Center will not
negatively impact the school located at the northwest corner of Indian School Road and 379th
Avenue. The majority of traffic related to the Travel Center will be isolated south of Indian School.
6
There will be no reason/need for the Travel Center’s customers to travel north of Osborn Road
toward the school unless their ultimate destination is located in that area. As such, the Travel
Center will not generate much traffic in the area north of the Site. Moreover, the Travel Center
will provide valuable services for area residents and commuters.
PUBLIC UTILITIES AND SERVICES
Water:
Onsite well
Sewer:
Onsite Sewer
Police:
Maricopa County Sheriff’s Department
Fire:
Rural Metro
Refuse:
Private
DEVELOPMENT STANDARDS CHART
The C-3 CUPD Development Standards Comparison Table is provided below (deviations
shown in BOLD text):
Regulation
Base Zoning District
Regulations (C-3)
Proposed Zoning Regulations
(C-3 CUPD)
Height (max.)
40 feet
40 feet
Front yard (min.)
25 feet
25 feet
Side yard (min.)
10 feet
10 feet
Rear yard (min.)
25 feet
25 feet
Lot Area (min.)
6,000 SF
6,000 SF
Lot Width (min.)
60 feet
60 feet
Lot Coverage (max.)
60%
60%
Min. Parking Spaces
1 space per 250 SF of Floor
Area
1 space per 250 SF of Floor
Area
Screening / Buffering
6’ solid masonry wall
adjacent to or abutting any
rural or residential zone
boundary
Drought-Tolerant
Landscaping Areas provided
in lieu of Site Screening
Requirements.
Sign Regulations
Chapter 14, Section 1401 &
1403 of MCZO
Chapter 14, Section 1401 &
1403 of MCZO
Service Station Signs, per
Chapter 14, Section 1403.2.6
Shall be freestanding,
monument type and shall
only identify the current
May be freestanding
monument or pole type and
may identify current price(s)
of fuel sold, car wash service
7
price(s) of fuel sold and cost
of the car wash service.
prices or any promotional
material in connection with
the service station use.
Electronic Message Displays
are permitted.
Max. Height of Freestanding
Monument Sign
12 feet if located within 200
feet of a rural or residential
zone.
24 feet
Max. Height of Freeway
Pylon Sign
NA, only permitted in the C-s
and C-2 Zoning Districts
65 feet in the C-3 Zoning
District
Max Area/Size of
Freestanding Monument Sign
120 SF
120 SF
Max Area/Size of Freeway
Pylon Sign
NA, only permitted in the C-s
and C-2 Zoning District
50% gross area of structure
within the C-3 Zoning
District.
Solar Use
Chapter 12, Section 1206 of
MCZO
Chapter 12, Section 1206 of
MCZO
Justifications for Deviations C-3 Base Zoning District
Screening/Buffering:
The proposed deviation to the C-3 Base Zoning District is appropriate for the Site and rural nature
of the area. A 6’ masonry wall is not necessary to effectively screen/buffer the Travel Center from
adjacent low density residential uses. A drought-tolerant landscaping area will provide sufficient
screening/buffering, particularly because the active portion of the Travel Center will be located at
the western end of the Site, far from the residential properties to the east and separated from those
properties by the large solar panel field. Moreover, the landscape area will help preserve and
enhance the rural character of the area.
Signage:
The proposed deviations to the C-3 Base Zoning District requirements meets the intent of MCZO
Article 1401.1 to: (1) Enable the identification of places of business, (2) Permit the communication
of information necessary for the conduct of commerce, (3) Encourage signs that are appropriate to
the zoning district in which they are located and consistent with the category of use to which they
pertain, (4) Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract
motorists, bicyclists or pedestrians, from the ability to see traffic signals, road hazards, and other
motorists, bicyclists, or pedestrians, and (5) Require signs to be constructed, installed, and
maintained in a safe and satisfactory manner.
Mangat’s Freestanding Monument Sign height is appropriate for this Site and proposed use. The
maximum sign height for freestanding signs in the C-3 Zoning District is typically 24 feet.
However, signage located within 200 feet of a residential zoned district has a maximum sign height
of 12 feet. Mangat’s only Monument Sign will be located on the western side of the Site, close to
the I-10, the access road and 379th Avenue. The additional height will ensure drivers along I-10
8
freeway and exiting the I-10 freeway will be able to see the sign and identify the entrance.
Furthermore, the property west of 379th Avenue is vacant and any future development would be
separated from the Site and Monument Sign by 379th Avenue. Consequently, 20 feet, which is
less than what is typically permitted within the C-3 Zoning District (24 feet), is appropriate for this
location.
The residential district located south of the Site is part of the I-10 freeway’s right-of-way.
Consequently, there no development that will occur south of the Site and Freeway Pylon Signs are
appropriate along the Site’s south boundary. Freeway Pylon Signs are specifically designed for
visibility along freeways. Their use will ensure visibility and enable drivers traveling on the I-10
freeway to identify the Travel Center.
Mangat’s signs are appropriate for the Site and will not negatively impact adjacent properties.
EXHIBIT 1
Maricopa County GIO, Maricopa County Assessor's Office
O
4/29/2022 12:47:38 PM
Aerial Map
SITE
I:\TSM Traffic Development\1. Projects\North_West_Valley(North of I10_West of I17)\I-10 and Wintersberg Rd_Z2022164_I-10 and
Wintersberg Rd\1. Traffic Impact Studies\Z2022164 I-10 and Wintersburg TIS 1st Review.docx
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 2
Project Name: I-10 and Wintersburg
Location: Wintersburg Rd NE of Interstate 10
MCDOT File No.: Z2022164
Date: 09/14/2022
Reviewer: Amber Cauble
Phone No.: 602.319.0988
Consultant: Lokahi, LLC
Project No.:
Plans Sealed By: Jamie Ann K. Blakeman, P.E.
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Sheet
Number
Comments
Consultant
Reply
= = =
1.
2.
3.
= = =
General
5
8
1st REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Project Summary:
The proposed Truck Stop and multi-use development is located north of
Interstate 10 (I-10) and east of Wintersburg Rd, in unincorporated Maricopa
County (APN: 506-40-019-C). Per the study, the development will build a “T-
intersection” connecting Wintersburg Rd and Osborn Rd with one-way stop-
control on the westbound approach. The site is served by four (4) full access
driveways. Two (2) new driveways are proposed on Wintersburg Rd, and two
(2) new driveways are proposed on Osborn Rd.
Per the TIS, the trip generation is based on the following ITE LUC codes:
822 – Strip Retail Plaza, 934 – Fast-Food Restaurant with Drive-Through
Window, 944 – Gasoline/Service Station, and 950 – Truck Stop. Upon
opening in 2024, the proposed site is estimated to generate 9,321 total daily
trips with 629 AM peak hour trips and 716 PM peak hour trips.
General Comments:
Due to the proximity of I-10, submit TIS for review and approval to Arizona
Department of Transportation (ADOT). Following agency approval, provide a
copy of the authorization to MCDOT.
The review comments below are limited to roadways within MCDOT
jurisdiction.
Review Comments:
Due to the limited spacing on Wintersburg Rd, only one access is acceptable
along this segment. Per MCDOT Roadway Design Manual (RDM) Section
7.9.2, the minimum driveway/intersection spacing is 360’ on arterial roads.
Upon revision of the driveway configuration submit to ADOT for approval.
MCDOT will not approve the driveway access on Wintersburg Rd prior to
receiving consent from ADOT.
Resubmit TIS, updating traffic analysis and providing signal warrant analysis
to include the study intersection of Indian School Rd at Wintersburg Rd.
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
I:\TSM Traffic Development\1. Projects\North_West_Valley(North of I10_West of I17)\I-10 and Wintersberg Rd_Z2022164_I-10 and
Wintersberg Rd\1. Traffic Impact Studies\Z2022164 I-10 and Wintersburg TIS 1st Review.docx
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
2 of 2
Project Name: I-10 and Wintersburg
Location: Wintersburg Rd NE of Interstate 10
MCDOT File No.: Z2022164
Date: 09/14/2022
Reviewer: Amber Cauble
Phone No.: 602.319.0988
Consultant: Lokahi, LLC
Project No.:
Plans Sealed By: Jamie Ann K. Blakeman, P.E.
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Sheet
Number
Comments
Consultant
Reply
= = =
4.
5.
6.
7.
8.
9.
10.
= = =
9
9
General
23,27
General
General
General
1st REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Include and discuss sight distance at all proposed driveways in revised TIS,
RDM 9.2.1.
Include in revised TIS crash and accident data, reference TISM section 2.7.4
Include in the study, right and left turn analysis for all proposed and existing
driveways and study intersections for current, build, and horizon years.
There are opposing dates on capacity figures this appears to be in error,
please revise. Capacity analysis shall include, in text and table format, a
discussion of the level of service (LOS) analysis at all study intersections and
existing or proposed driveways, reference Traffic Impact Study Manual
(TISM) section 2.7.6.
Half-street improvements along the site frontage of Wintersburg Road shall be
to the Urban Principal Arterial section (RDM figure 5.8).
Osborn Road will be classified as Urban Major Collector (RDM figure 5.10).
Half-street improvements along site frontage must be as per latest RDM. Per
MCDOT Planning, the developer will need to align their half-street with the
monument line.
As part of half-street improvements provide dedicated ROW to MCDOT along
site frontage as follows:
• Wintersburg Rd – 100 feet
• Osborn Rd – 40 feet
The Traffic Impact Study is not approved.
Signature: _____________________________________ Date: ___________
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdi vi sio n@mari co pa.go v
esd.mar i co pa.go v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the FOR A MINOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATION IN THE VISION 2030 MARICOPA COUNTY COMPREHENSIVE PLAN FROM
COMMUNITY RETAIL TO MISCELLANEOUS RETAIL 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.
An Approval to Construct application is required to be submitted to the MCESD’s
Subdivision & Infrastructure Program for all water system infrastructure.
•
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.
Project Name: FOR A MINOR
COMPREHENSIVE PLAN AMENDMENT
TO CHANGE THE LAND USE
DESIGNATION IN THE VISION 2030
MARICOPA COUNTY COMPREHENSIVE
PLAN FROM COMMUNITY RETAIL TO
MISCELLANEOUS RETAIL
Primary Contact Name: Brian
Greathouse
Planning Application Type: CPA
APN(s): 506-40-019C
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Nick Schlimm
Planning Case #: CPA2023006
Date: March 27, 2023
Water and Waste Management Division
Page | 2
•
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.
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.
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.
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 CPA2023006 ,
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 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.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
September 29, 2022
TO :
Paola Jaramillo, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Rezone from RU-43 to C-3 CUPD. Z2022164
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project Request is to rezone from
RU-43 to C-3 CUPD to allow development of a new travel center with a gas station,
truck service at APN# 506-40-019C. Water and sewer services will be provided by
onsite well and onsite septic system. MCESD has concerns, NOID must be obtained
prior to any construction permit approval.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department in Accela Automation on September 29, 2022 and the
project may proceed at this time subject to the following stipulations:
Stipulations:
None.
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. Other Maricopa
County agencies may 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 regulations in force at the time of
application.
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:
September 16, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Paola Jaramillo, Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022164 - Zone Change (to C3 CUPD)
(E1 Memo)
Job Site Address: NEC Wintersburg Road (379th Ave.) and I-10
APN(s):
506-40-019C
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
1st submittal of the Zone Change application routed for review on August 30, 2022
(with Zoning Exhibit routed 9/13/2022) 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
building lots/units, 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. MCDOT’s review comments of the TIS are attached hereto. The comments must
be addressed as part of the Plan of Development application.
An updated traffic impact study must be submitted with future entitlement (POD)
application(s).
3. Right-of-way dedication (100’ along Wintersburg Ave. and 40’ along Osborn
Ave.) will be required as part of future entitlement(s) (i.e. Plan of Development).
4. If required, CLOMR approval by the Flood Control District of Maricopa County
is required prior issuance of permits for site development.
5. 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.
1
Paola Jaramillo Quintero (PND)
From:
Jon Fell <jfell@azdot.gov>
Sent:
Monday, October 17, 2022 2:44 PM
To:
bgreathouse@bcattorneys.com
Cc:
Bruce A. Fenske; Gerardo Ramirez; Anissa Gerard; tony@mangatgroup.com; Bob
Fedorka (PND); Paola Jaramillo Quintero (PND); Rachel Applegate (PND); Rachel
Applegate (PND)
Subject:
Proposed Travel Center Off of I-10 at 379th Avenue CUPD Z2022164
Brian,
I received your letter due to the proposed Zone Change with Overlay, Case Number Z2022164 about the subject
development.
This referenced site is within Southwest District and our office will be reviewing information on the proposed
development. Southwest District requests a traffic impact analysis (TIA) prepared according to the parameters specified
in Section 240 of the traffic engineering guidelines and processes (TGP). You can find the TGP online at the
website https://azdot.gov/node/5274.
As part of the TIA, we request a warrant analysis queuing analysis for right turns into the site at each driveway. The
facilities on the proposed site plan suggest a high volume of turning traffic and we would expect queuing from the site
along Wintersburg Road to potentially back up to the westbound on- and off-ramps. In addition, please include the
eastbound ramps as an intersection studied by the TIA. Note that the proposed development will require an
encroachment permit from ADOT if the study's recommendations include improvements within ADOT's right-of-way.
Please note, however, that Maricopa County has jurisdiction over all of Osborne Road and Wintersburg Road outside of
ADOT's right-of-way. You will need to contact Maricopa County regarding its study and permitting requirements for
access. The county's study requirements and ADOT's study requirements are similar and often the same study can meet
the needs of both agencies.
ADOT's access guidelines for traffic operation do not provide for access within 660 of a ramp along the Interstate
Highway system. We strongly encourage you to shift the southernmost driveway along Wintersburg Road to a location
along Osborn Road. The proximity of the proposed southernmost driveway and its likely need for a right turn lane do
not allow for such a turn lane to be built outside of ADOT's right-of-way.
We look forward to working with you on developing your truck stop. If you have any questions, please do not hesitate
to call or email me.
Jonathan Fell, PE, PTOE
Assistant District Engineer
ADOT Southwest District
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