00000. 08 20 25 BOS AGENDA.PDF

Maricopa County — Formal (2025-03-12)

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August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 1 of 19

BOARD OF SUPERVISORS’ HEARING
PLANNING AND ZONING AGENDA
August 20, 2025

REGULAR AGENDA

Title:
BNSF Intermodal CPA
Case #:
CPA2024006
Supervisor District:
4
Applicant and Owner:
Susan Demmitt, Gammage & Burnham, PLC / BNSF
Request:
Major Comprehensive Plan Amendment (CPA) to change the land use
designation in the White Tank Grand Avenue Area Plan from Single-Family
Rural to Mixed Use Employment. CPA case approval is by Resolution.
Site Location:
Generally located north of US-60 between 211th Ave. and 235th Ave. in
the Wittmann area
Commission

Recommendation:
On 11/7/24, the Commission voted 6-0 to adopt a motion recommending
the Board of Supervisors approve CPA2024006

Continuance
Request:
The applicant has requested the case be continued to the November 5,
2025 Board of Supervisors’ hearing.

CONSENT AGENDA

Title:
The Ranch at Salt River
Case #:
SU240015
Supervisor District:
2
Applicant and Owner:
Jeff Farr, RVi Planning + Landscape Architecture / HP Property
Management and Leasing LLC
Request:
Special Use Permit (SUP) for a guest ranch in the Rural -190 zoning
district.
Site Location:
Generally located south of the Apache Trail Rd. & Reavis Trailhead Rd in
the Apache Junction area.
Commission
Recommendation:
On 07/10/25, the Commission voted 6-0 (motion by Acting Chairman
Hernandez D5, and second by Commissioner Rochwalik D3) to adopt a
motion recommending the Board of Supervisors approve SU240015
subject to conditions ‘a’ – ‘m’ .

a.
Development of the site shall be in substantial compliance with the site plan entitled “The
Ranch at Salt River” consisting of seven (7) full size sheets stamped received June 3,
2025, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the narrative report
entitled “The Ranch Salt River” consisting of fifty-two (52) pages dated June 2025 and
stamped received June 2, 2025, except as modified by the following conditions.

c.
The following Planning Engineering conditions shall apply:

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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d.
Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction that emergency fire protection service will be
provided to the facility. Prior to issuance of the certificate of occupancy, local fire
protection jurisdiction review and approval will be required.

e.
The applicant shall obtain any required construction permits for the appropriate
occupancy within one (1) year of approval of this Special Use Permit prior to establishing
the use and/or occupancy of the existing structures.

f.
The Special Use Permit is valid for a period of 25 years and shall expire on August 20,
2050, or upon termination of the use for a period of 90 or more days, whichever occurs
first. All site improvements associated with the special use permit shall be removed
within 90 days of such expiration or termination of use.

g.
All lighting associated within the special use permit area shall be in conformance to the
Maricopa County Zoning Ordinance Section 1112.

h.
All signage associated to the special use permit shall be in conformance with the
Maricopa County Zoning Ordinance Section 1401.

i.
Non-Compliance with any Maricopa regulations will be grounds for possible revocation
of this special use permit pursuant to the process set forth in the Maricopa County
Zoning Ordinance.

j.
The lodge and arena shall only serve as an accessory use to the Guest Ranch and shall
not be open for public use.

k.
Events held on the site shall only be limited to a maximum of 100 guest and shall service
as an accessory use to the Guest Ranch. Events shall not be open for public events. The
owner/applicant shall obtain a Temporary Use Permit for any public event.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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l.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

m.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning exiting on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the special use permit, the property shall revert to the zoning that
existed on the date of application. It is, therefore, stipulated and agreed that either
revocation due to the failure to comply with conditions, or the expiration of the special
use permit, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation or
expiration of the special use permit. The special use permit enhances the value of the
property above its value as of the date the special use permit is granted and reverting to
the prior zoning results in the same value of the property as if the special use permit had
never been granted

Title:
Caballero Landscape Contractor’s Yard
Case #:
Z2024016
Supervisor District:
5
Applicant and Owner:
Dennis Keogh / Juan Caballero
Request:
Special Use Permit (SUP) for an outdoor landscape contractor’s storage
yard in the Rural-43 zoning district
Site Location:
Generally located 412’ north of the NEC of Airport Rd. and Telegram Path
Rd. in the Rainbow Valley / Goodyear / Buckeye area
Commission
Recommendation:
On 7/10/25, the Commission voted 5-0 (motion by Commissioner
Hernandez D5, seconded by Commissioner Rochwalik D3, Commissioner
Leighton D4 recused) to adopt a motion recommending the Board of
Supervisors approve Z2024016 subject to conditions ‘a’ – ‘g’:

a.
Development of the site shall be in substantial conformance with the Grading & Drainage
Plan entitled “Grading & Drainage Plan for Caballeros Landscape Inc.“, consisting of 2
full-size sheets, dated June, 2025, and stamped received June 23, 2025, except as
modified by the following conditions. Staff may determine slight refinements to remain
in substantial conformance with the approved site plan. Minor and major amendments
to the site plan will be determined in accordance with Chapter 3 of the Maricopa County
Zoning Ordinance.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Narrative Report for Caballero Landscape, Inc.”, consisting of 17 pages, dated
December 2023, and stamped received January 29, 2024, except as modified by the
following conditions.

c.
The following Planning Engineering conditions shall apply:
1.
Engineering review of planning and/or zoning cases is for conceptual design only.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
2.
Based on the conceptual design nature of the information submitted, changes to
the site layout may be necessitated by the final engineering design of the site’s
drainage infrastructure.
3.
Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with
the application for Building Permits
4.
The entire site and adjacent half-streets’ runoff shall be retained onsite. If portions
of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-
streets’ runoff shall be retained unless separately addressed by the other
jurisdictions.
5.
Sufficient retention volume shall be provided onsite to retain the required 100-
year, 2-hour runoff from all contributing areas. Retention basins with stormwater
depths exceeding one foot shall provide one foot of freeboard.
6.
All retention basins shall drain within 36 hours per County requirements.
7.
Any dedication and onsite or offsite improvements needed, shall be determined
by MCDOT Traffic and MCDOT Permits, based on an approved TIA/TIS meeting
MCDOT standards before the approval of any building permits.

d.
This special use permit is valid for a period of 10 years and shall expire on August 20,
2035 or upon termination of the use for a period of 90 or more days, whichever occurs
first. All site improvements associated with the special use permit shall be removed
within 90 days of such expiration or termination of use.

e.
Emergency contact information must be displayed at the entrance of the property.

f.
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.

g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the Special Use Permit, the property may be considered for
revocation to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, or the
expiration of the Special Use Permit, does not reduce any rights that existed on the date
of application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due
to such revocation or expiration of the Special Use Permit. The Special Use Permit
enhances the value of the property above its value as of the date the Special Use Permit
is granted and reverting to the prior zoning results in the same value of the property as if
the Special Use Permit had never been granted.

Title:
PHO Santa Barbara
Case #:
Z2024022
Supervisor District:
4

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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Applicant and Owner:
Kenneth Hale, Smart Link Group / Johns Kelly J. / Donal V. Jr.
Request:
Special Use Permit (SUP) for a wireless communications facility in the
Rural-43 zoning district.
Site Location:
Generally located approx. 1,228 feet NW of Gompers Ct. & 243rd Ave. in
the Morristown area.
Commission
Recommendation:
On 07/10/25, the Commission voted 6-0 (motion by Acting Chairman
Hernandez D5, and second by Commissioner Rochwalik D3) to adopt a
motion recommending the Board of Supervisors approve Z2024022
subject to conditions ‘a’ – ‘g’ .

a.
Development of the site shall be in substantial compliance with the site plan entitled
“PHO Santa Barbara” consisting of eight (8) full size sheets stamped received May 28,
2025, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the narrative report
entitled “PHO Santa Barbara - 17003300” consisting of six (6) pages dated April 22, 2025
and stamped received May 28, 2025, except as modified by the following conditions.

c.
This special use permit is valid for a period of 30 years and shall expire on August 20,
2055, or upon termination of the use for a period of 90 or more consecutive days,
whichever occurs first. All site improvements associated with the special use permit shall
be removed within 90 days of such expiration or termination of use.

d.
The following Planning Engineering conditions shall apply:

e.
Non-Compliance with any Maricopa regulations will be grounds for possible revocation
of this special use permit pursuant to the process set forth in the Maricopa County
Zoning Ordinance.

f.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning exiting on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the special use permit, the property shall revert to the zoning that
existed on the date of application. It is, therefore, stipulated and agreed that either
revocation due to the failure to comply with conditions, or the expiration of the special
use permit, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation or
expiration of the special use permit. The special use permit enhances the value of the
property above its value as of the date the special use permit is granted and reverting to
the prior zoning results in the same value of the property as if the special use permit had
never been granted.

Title:
Lake Pleasant Assisted Living II
Case #:
SU240024
Supervisor District:
4
Applicant and Owner:
Alin Florin Budure and Venessa Budure
Request:
Special Use Permit (SUP) for a community residence in the Rural-43
zoning district
Site Location:
Generally located at the SEC of Lake Pleasant Parkway and Calle Lejos in
the Peoria area
Commission
Recommendation:
On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1,
seconded by Commissioner Whitney D3) to adopt a motion
recommending the Board of Supervisors approve SU240024 subject to
conditions ‘a’ – ‘j’:

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Lake Pleasant Assisted Living II,” consisting of one full-size sheet, dated May 29, 2025,
and stamped received June 2, 2025, except as modified by the following conditions. Staff
may determine slight refinements to remain in substantial conformance with the
approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Lake Pleasant Assisted Living II”, consisting of 5 pages, dated May 20, 2025,
and stamped received June 2, 2025, except as modified by the following conditions.

c.
The following Planning Engineering conditions shall apply:

1.
Applicant shall seek approval of the Traffic impact statement and general use
from the City of Peoria because Lake Pleasant Parkway and Calle Street are
owned and maintained by Peoria. Inquiry about ROW dedication and use.
Approvals required prior to building permit issuance.
2.
The subject site is located within the County’s Urbanized Area. Storm water
pollution plans shall be submitted to the County at building permit phase if
disturbance is greater than 1 acre.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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3.
Engineering review of planning and/or zoning cases is for conceptual design only.
All development and engineering design shall be in conformance with Section
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.
4.
Based on the conceptual design nature of the information submitted, changes to
the site layout may be necessitated by the final engineering design of the site’s
drainage infrastructure.
5.
Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with
the application for Building Permits.

d.
This Special Use Permit is valid for a period of 15 years and shall expire on August 20,
2040, or upon termination, revocation, nonrenewal, or suspension of licensure or
certification, whichever occurs first. Upon said termination, revocation, nonrenewal, or
suspension of licensure or certification, the Community Residence must be closed within
60 calendar days and the operator must return residents to their families or relocate them
to a safe and secure living environment.

e.
Prior to occupying the proposed residence or any portion thereof for any use associated
with the Special Use Permit, the applicant shall obtain a Building Permit to construct the
proposed residence to meet current building code requirements for Community
Residence (R-4) occupancy as applicable and shall obtain a Certificate of Occupancy for
the building prior to occupancy.

f.
Prior to the issuance of the Certificate of Occupancy, the applicant, owner, or operator
shall submit a copy of the State of Arizona license to the Maricopa County Planning and
Development Department, with reference to case number SU240024, prior to operation of
the Community Residence.

g.
The owner or operator of the Community Residence shall provide the Zoning Inspector a
copy of its renewed license or certification within 10 business days of the annual
anniversary of being granted approval of the Special Use Permit. Failure to maintain annual
documentation shall be immediate grounds to deem the Community Residence and/or its
operator in violation of the Maricopa County Zoning Ordinance.

h.
The following SUP standard shall apply:

1.
Minimum separation distance required from the nearest existing community
residence, group care facility, or recovery community: 1,000’.

Development and use of the subject property shall comply with all Maricopa County Zoning
Ordinance requirements not otherwise modified with the SUP, as well as all Building Safety
Codes and other applicable regulations.

i.
Noncompliance with any of the conditions assigned to the approval of this Special Use
Permit by the Maricopa County Board of Supervisors may be grounds for revocation in
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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j.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the Special Use Permit, the property may be considered for
revocation to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, or the
expiration of the Special Use Permit, does not reduce any rights that existed on the date
of application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due
to such revocation or expiration of the Special Use Permit. The Special Use Permit
enhances the value of the property above its value as of the date the Special Use Permit
is granted and reverting to the prior zoning results in the same value of the property as if
the Special Use Permit had never been granted.

Title:
PHO Wintersburg 10 WCF
Case #:
Z2024062
Supervisor District:
4
Applicant and Owner:
Declan Murphy / Mt. Olympus Investments, LLC
Request:
Special Use Permit (SUP) for a Wireless Communications Facility (WCF)
in the Rural-43 zoning district
Site Location:
Generally located quarter mile southeast of the SEC of Wintersburg Rd.
and Osborn Rd. in the Tonopah area
Commission
Recommendation:
On 7/10/25, the Commission voted 6-0 (motion by Commissioner
Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a
motion recommending the Board of Supervisors approve Z2024062
subject to conditions ‘a’ – ‘m’:

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Wintersburg 10“, consisting of 11 full-size sheets, dated April 2, 2025, and stamped
received May 19, 2025, except as modified by the following conditions. Staff may
determine slight refinements to remain in substantial conformance with the approved
site plan. Minor and major amendments to the site plan will be determined in accordance
with Chapter 3 of the Maricopa County Zoning Ordinance.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “PHO Wintersburg 10”, consisting of four pages, dated October 5, 2024, and
stamped received November 14, 2024, except as modified by the following conditions.

c.
The following Planning Engineering conditions shall apply:

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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3.
The building permit application will require an engineered grading and drainage
plan to indicate how runoff from the north will be diverted around the compound.
No retention will be required.
4.
The site contains areas of regulated floodplains. Any required improvements to
the access drive to the Wireless Communication Facility from Wintersburg Rd.
would require a floodplain use permit.
5.
Applicant to notify ADOT of proposed project through the Red Letter Process,
RedLetter@azdot.gov, due to the proximity to the Intestate-10 Frwy.
6.
Access to the site is through ADOT Right-of-Way and may require an ADOT Right-
of-Way permit.
7.
The applicant must execute a Wireless Agreement with MCDOT for all equipment,
conduit, F/O and other work that will be within the MCDOT R/W. This agreement
must be coordinated with Shawn Coleman, MCDOT Utility Branch Coordination
Manager, 602-506-8603 or Shawn,Coleman@maricopa.gov.

d.
The maximum height of the Wireless Communication Facility shall be limited to 100 feet.

e.
A Minor Amendment shall be required to co-locate future carriers on the Wireless
Communication Facility.

f.
This special use permit is valid for a period of 30 years and shall expire on August 20,
2055, or upon termination of the use for a period of 90 or more days, whichever occurs
first. All site improvements associated with the special use permit shall be removed
within 90 days of such expiration or termination of use.

g.
The Wireless Communications facility shall be painted a color that is compatible with the
surrounding environment and any exposed portions of the monopole mast shall be non-
reflective.

h.
All ground-mountain equipment associated with the Wireless Communications shall be
screened by a minimum six foot tall solid wall and screened gates.

i.
The maximum diameter of the antenna array shall be 12 feet.

j.
There shall be a 94 foot west/south setback and 142 foot north setback from the
monopole’s antenna array to the property lines.

k.
All associated driveway and parking area for the facility shall be surfaced with alternative
dust control methods, such as decomposed granite or other method deemed acceptable
by the County’s Air Quality Department.

l.
Noncompliance with any of the conditions assigned to the approval of this Special Use
Permit by the Maricopa County Board of Supervisors may be grounds for revocation in
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.

m.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property
owner to enjoy uses in excess of those permitted by the zoning existing on the date of
application, subject to conditions. In the event of the failure to comply with any condition,

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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and at the time of expiration of the Special Use Permit, the property may be considered
for revocation to the zoning that existed on the date of application. It is, therefore,
stipulated and agreed that either revocation due to the failure to comply with any
conditions, or the expiration of the Special Use Permit, does not reduce any rights that
existed on the date of application to use, divide, sell or possess the property and that
there would be no diminution in value of the property from the value it held on the date
of application due to such revocation or expiration of the Special Use Permit. The Special
Use Permit enhances the value of the property above its value as of the date the Special
Use Permit is granted and reverting to the prior zoning results in the same value of the
property as if the Special Use Permit had never been granted.

Title:
Rock 4 Less
Case #
MCP250002
Supervisor District:
4
Applicant and Owner:
Peter Vesecky, Vespro / Meza Living Trust / Fonseca Trust
Request:
Military Compatibility Permit (MCP) with a Plan of Development (POD) for
aggregate rock sales in the Rural-43 MAAMF zoning district
Site Location:
Generally located at the NEC of Sarival Ave. and Ocotillo Rd. in the
Glendale area.
Commission
Recommendation:
On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1,
seconded by Commissioner Whitney D3) to adopt a motion
recommending the Board of Supervisors approve MCP250002 subject to
conditions ‘a’ – ‘i’:

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Rock 4 Less,” consisting of 1 full-size sheet, dated May 22, 2025, and stamped received
June 2, 2025, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Rock 4 Less,” consisting of 12 pages, dated May 2025, and stamped received
June 2, 2025, except as modified by the following conditions.

c.
The Military Compatibility Permit shall be limited to the following uses:

1.
Storage of construction material, equipment and on-site storage and delivery of
granular material.

d.
The following Planning Engineering conditions shall apply:

2.
Based on the conceptual design nature of the information submitted, changes to
the site layout may be necessitated by the final engineering design of the site’s
drainage infrastructure.

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3.
Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with
the application for Building Permits.

4.
Retention basins to drain within 36 hours.

5.
The existing CMU wall(s) and chain link fences are unpermitted. Note fence
permit B202300616 was never issued and terminated. Will need to include the
fences with details when submitting for the building permit. Can label the fences
as as-built 6-foot CMU wall etc.

6.
The site is not located in a Special Flood Hazard Areas (SFHAs). The Flood
Control District has no comments on this application.

7.
Sarival Avenue is within the jurisdiction of the City of Glendale. The applicant must
contact the City to review any traffic impact, right-of-way dedication or roadway
improvement requirements. All driveway permitting will be done with the City of
Glendale.

8.
The subject site is located within the County’s Urbanized Area. If the project will
disturb one (1) acre or more, a Storm Water Pollution Prevention Permit (SWPPP)
from the County will be required prior to issuance of any construction permits.
This does NOT preclude the requirement to obtain a Notice of Intent to Discharge
(NOID) from the State (ADEQ), as may be required.

e.
All new buildings are subject to noise attenuation as per ARS § 28-8482(B).

f.
The following Military Airport and Ancillary Military Facility Overlay Zoning District
standards shall apply:

1.
Min. Lot Size – 43,480 sq. ft.
2.
Min. Lot Width – 115’
3.
Min. Front Yard Setback – 20’
4.
Min Side Yard – 10’
5.
Min. Street-side Setback – 15’
6.
Min. Rear Yard – 30’
7.
Pavement – Pavement may consist of asphalt or rolled and compacted
decomposed granite with a dust control plan approved by Maricopa County Air
Quality Control.

All other development standards of the underlying zoning shall remain.

g.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Military Compatibility Permit as set forth in the Maricopa County
Zoning Ordinance.

h.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

i.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
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subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the Military Compatibility Permit, the property shall revert to the
zoning that existed on the date of application. It is, therefore, stipulated and agreed that
either revocation due to the failure to comply with any conditions, or the expiration of the
Military Compatibility Permit, does not reduce any rights that existed on the date of
application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due
to such revocation or expiration of the Military Compatibility Permit. The Military
Compatibility Permit enhances the value of the property above its value as of the date
the Military Compatibility Permit is granted and reverting to the prior zoning results in the
same value of the property as if the Military Compatibility Permit had never been granted.

Title:
Sierra Luna BESS Facility
Case #:
Z250007
Supervisor District:
5
Applicant and Owner:
Christy Eichorn, Plus Power/ Marwest Enterprises LLC
Request:
Zone Change with Overlay from Rural-43 to IND-2 IUPD
Site Location:
Generally located 750’ northeast of Avondale Blvd. and Broadway Rd. in
the Avondale area
Commission
Recommendation:
On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1,
seconded by Commissioner Whitney D3) to adopt a motion
recommending the Board of Supervisors approve Z250007 subject to
conditions ‘a’ – ‘j’:

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Sierra Luna Energy Storage Project“, consisting of 2 full-size sheets, dated July 15, 2025,
except as modified by the following conditions and as modified by the Plan of
Development.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Sierra Luna Energy Storage Narrative Report”, consisting of 60 pages, dated May
9, 2025, except as modified by the following conditions.

c.
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.
A traffic impact study must be submitted with future entitlement (POD or
Preliminary Plat) application(s). Due to the preliminary nature of this zone change
request MCDOT traffic did not comment on the zone change review and will make
comments once more details are provided in the future entitlements.
3.
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

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 13 of 19

engineering policies, standards and best practices at the time of application for
construction.

d.
The following IND-2 IUPD standards shall apply:
1.
Minimum Front Yard: 20’ (100’ for battery enclosures)
2.
Minimum Side Yard: 5’ (100’ for battery enclosures)
3.
Minimum Street-side Yard: 10’ (100’ for battery enclosures)
4.
Minimum Rear Yard: 25’ (100’ for battery enclosures)
5.
Parking Spaces: Min. 3 spaces plus one ADA stall
6.
Screening: Min. 8’ masonry wall
7.
Additional Regulations: Battery Energy Storage System components may be
located outside of enclosed buildings
8.
Paving: Gravel surface with compacted subgrade of native soil

e.
The IND-2 zoning is subject to an Industrial Unit Planned Development (IUPD) Overlay
that limits the entitled use to battery energy storage facilities and ancillary uses, or other
uses determined by both the Planning & Development Department and the Environmental
Services Department as appropriate and that can accommodate wastewater disposal via
on-site septic systems or a third-party wastewater management provider. . The IUPD may
be deleted or amended to entitle additional uses via Modification of Condition application
to the Planning & Development Department but will require legislative approval by the
Board of Supervisors after recommendation of the Planning & Zoning Commission.

f.
Administrative approval of a POD 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.

g.
The following Plan of Development conditions per the City of Avondale development
agreement shall apply:

1.
Developer shall coordinate with the City of Avondale Fire and Medical Department
and Rural Metro to provide onsite training at Developer’s expense.
2.
Developer shall provide two (2) access driveways to the Property from South
113th Avenue.
3.
Battery unit spacing shall comply with NFPA 855 and OSHA 1926.
4.
Developer shall install two (2) 24,000-gallon water tanks on site, with access
connections located outside the perimeter wall.
5.
Developer shall retain a third-party service provider to refill water tanks as needed
to support emergency response.

h.
Noncompliance with any of the conditions assigned to the approval of this Zone Change
by the Maricopa County Board of Supervisors may be grounds for revocation in
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.

i.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 14 of 19

j.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
may be considered for revocation to the zoning that existed on the date of application. It
is, therefore, stipulated and agreed that either revocation due to the failure to comply with
any conditions, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation of the
Zone Change. The Zone Change enhances the value of the property above its value as of
the date the Zone Change is granted and reverting to the prior zoning results in the same
value of the property as if the Zone Change had never been granted.

Title:
212 Citrus RV Storage
Case #:
SU250008
Applicant and Owner
Octavio Arroyo
Request:
Special Use Permit for RV and Boat storage uses in the Rural-43 zoning
district
Site Location:
Generally located at the northwest corner of Harrison St. & Citrus Rd. in
the Goodyear area
Commission
Recommendation:
On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1,
seconded by Commissioner Whitney D3) to adopt a motion
recommending the Board of Supervisors approve SU250008 subject to
conditions ‘a’ – ‘h’.

a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Arroyo RV Storage”, consisting of 1 full-size sheet, dated May 15, 2025, except as
modified by the following conditions. Staff may determine slight refinements to remain
in substantial conformance with the approved site plan. Minor and major amendments
to the site plan will be determined in accordance with Chapter 3 of the Maricopa County
Zoning Ordinance.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “RV Storage Property Development”, consisting of 5 pages, dated April 21, 2025,
except as modified by the following conditions.

c.
This special use permit is valid for a period of 10 years and shall expire on August 20,
2035, or upon termination of the use for a period of 90 or more days, whichever occurs
first. All site improvements associated with the special use permit shall be removed
within 90 days of such expiration or termination of use.

d.
The site will be developed utilizing the following amended Rural-43 SUP development
standard:

1.
Commercial parking surfaces & internal drivelines - Dust control methods as
approved by the Maricopa County Air Quality Dept.

e.
The following Planning Engineering conditions shall apply:

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 15 of 19

1.
Engineering review of planning and/or zoning cases is for conceptual design only.
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.
2.
Based on the conceptual design nature of the information submitted, changes to
the site layout and/or a reduction in the number of building lots may be
necessitated by the final engineering design of the subdivision drainage
infrastructure.
3.
Applicant is responsible for coordinating with the Roosevelt irrigation district in
regard to the grading of the irrigation ditch and placement of the 18 inch culvert.
This approval is separate from permits issued by Planning and Development.
4.
When submitting the plans for a building permit include the septic facilities on the
plans. Maintain a minimum 25-foot separation between septic facilities.
5.
Driveway access to County road(s) must be paved and will require a permit from
MCDOT issued concurrent with building permit(s) required for site development.
Drainage flow along the roadway must be maintained.
6.
Storage of materials, walls/fence, parking, wells, septic systems and storm water
retention are prohibited in the (future) right-of-way.
7.
Drainage Clearance is for fence/wall construction within or along property lines
as shown on the approved plans. The drainage clearance does not include
verification of property boundaries or easements which is the responsibility of the
owner/applicant. Property line and easement disputes that may arise with new
wall/fence construction are a civil matter.
8.
Retaining walls must be entirely on the property including the retaining wall
footing(s).
9.
Citrus Road on Site frontage has mixed jurisdiction between MCDOT and the City
of Goodyear. Provide a copy of the Traffic Statement for the City of Goodyear
review.
10.
Approval of Traffic Statement does not constitute approval of other
agencies/jurisdictions, R/W limits or geometric layout of Site Plan details.
11.
Due to site frontage restrictions, proposed access is acceptable to MCDOT. The
driveway must meet the MCDOT design requirements for Commercial driveways.
Refer to the latest MCDOT Roadway Design Manual, Section 7.6
12.
For sites located within the County’s Urbanized Area, a Storm Water Pollution
Prevention Permit (SWPPP) from the County will be required prior to issuance of
any construction permits. This does NOT preclude the requirement to obtain a
Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required.

f.
Noncompliance with any of the conditions assigned to the approval of this Special Use
Permit by the Maricopa County Board of Supervisors may be grounds for revocation in
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.

g.
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.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 16 of 19

h.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the Special Use Permit, the property may be considered for
revocation to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, or the
expiration of the Special Use Permit, does not reduce any rights that existed on the date
of application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due
to such revocation or expiration of the Special Use Permit. The Special Use Permit
enhances the value of the property above its value as of the date the Special Use Permit
is granted and reverting to the prior zoning results in the same value of the property as if
the Special Use Permit had never been granted.

Title:
SEC of Ocotillo Road and Val Vista Drive Rezone
Case #:
Z250011
Applicant and Owner:
Adam Baugh, Withey Morris Baugh, PLC / VVO 1 LLC
Request:
Zone Change with Overlay from Rural-43 to C-2 CUPD
Site Location:
Generally located at the southeast corner of Ocotillo Rd. and Val Vista Dr.
in the Gilbert area
Commission
Recommendation:
On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1,
seconded by Commissioner Witney D3) to adopt a motion recommending
the Board of Supervisors approve Z250011subject to conditions ‘a’ – ‘j’
with staff recommended revised conditions in the handout memo dated
July 22, 2025 and with a further revision approved by the Commission.

a.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “SEC of Ocotillo Road and Val Vista Drive”, consisting of 13 pages, dated June
25, 2025, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the conceptual site plan
entitled “Ocotillo Road and Val Vista”, consisting of 2 pages, dated June 25, 2025, except
as modified by the following conditions.

c.
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.
A traffic impact study must be submitted with future entitlement (POD or
Preliminary Plat) application(s). Due to the preliminary nature of this zone change
request MCDOT traffic did not comment on the zone change review and will make
comments once more details are provided in the future entitlements.
3.
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

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 17 of 19

engineering policies, standards and best practices at the time of application for
construction.

d.
Prior to precise plan of development approval, other than for self-storage uses, the
applicant shall provide the Maricopa County Planning and Development Department with
an executed pre-annexation utilities service agreement with the Town of Gilbert that
identifies the detail for when the proposed project will be annexed and the provision of
water and sewer service. In lieu of pre-annexation service agreement the developer must
provide a ‘will serve’ letter from the certificated water and sewer providers.

e.
The following C-2 CUPD standards shall apply:

1.
C-2 CUPD:
A. Maximum Height: 45’
B. Minimum Front Yard: 25’ Landscaped Area (except minimum 0’ front yard
setback required for parcels fronting a parking area rather than a street)
C. Minimum Side Yard or Street-Side Yard: 20’ Landscaped Area (except self-
storage 10’ setback)
D. Minimum Rear Yard: 20’ except self-storage 10’ setback
E. Minimum Parking: 1 per 20,000 sf self-storage space
F. Prohibited Uses: adult-oriented businesses, marijuana establishments,
billboards
G. Permitted uses: All other uses permitted in the C-2 zoning district except as
noted in condition ‘f’ below.

f.
The CUPD overlay is applied to restrict the use of the site. Until such time as the site is
served by sewer, uses on the site shall only be those acceptable to the Maricopa County
Environmental Services Department (MCESD) that can be accommodated by septic
systems. A public water system and public sewer system shall be required prior to
establishment of any non-residential use that requires potable water.

g.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish the uses 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.

i.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 18 of 19

may be considered for revocation to the zoning that existed on the date of application. It
is, therefore, stipulated and agreed that either revocation due to the failure to comply with
any conditions, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation of the
Zone Change. The Zone Change enhances the value of the property above its value as
of the date the Zone Change is granted and reverting to the prior zoning results in the
same value of the property as if the Zone Change had never been granted.

Title:
Arlington Propane
Case #:
Z250014
Supervisor District:
5
Applicant and Owner:
Matthew Williamson – Midstream Energy Partners / Midstream LPG Inc.
Request:
Zone change from Rural-43 & IND-3 to IND-3 IUPD
Site Location:
Generally located on the southwest side of the Salome Hwy., south of the
Southern Pacific Railroad in the Arlington area, APNs 401-30-010E & 401-
30-010G
Commission
Recommendation:
On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1,
seconded by Commissioner Whitney D3) to adopt a motion
recommending the Board of Supervisors approve Z250014 subject to
conditions ‘a’ – ‘g’:

a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Z250014 Zoning Exhibit“, consisting of 1 full-size sheet, dated June 30, 2025,
except as modified by the following conditions. Staff may determine slight refinements
to remain in substantial conformance with the approved site plan. Minor and major
amendments to the site plan will be determined in accordance with Chapter 3 of the
Maricopa County Zoning Ordinance.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Midstream Buckeye LPG Terminal”, consisting of 9 pages, dated June 2, 2025,
except as modified by the following conditions.

c.
The following IUPD standards shall apply:
1.
Minimum Paving: Dust control measures as approved by the Maricopa County Air
Quality Department
2.
Minimum parking spaces: 1:18,000 sq ft.
3.
Minimum screening: 6’ chain link fence

d.
The following engineering conditions shall apply:
1.
No new access points. Developer to install a 24-ft paved apron for I/E off of
Salome Hwy. Any request for new access points and additions to the subject
parcel that will generate between 50-100 AM or PM peak hour trips will require
the developer to submit a Traffic statement or Traffic impact study for review and
approval by MCDOT.
2.
Owner shall comply with any additional ROW preservation or dedication
requirements that may be requested by MCDOT planning during permit process.
3.
Under MCZO 1205.3.4-1 thru 3, drainage requirements (G&D plans, storm water
retention, drainage report and percolation) could be removed if Parcels 401-30-
010E and 401-30-010G are combined to create a single site; and only a site plan

August 20, 2025 Board of Supervisors’ Hearing – P&Z Agenda
Page 19 of 19

would be required. Pre-regulation/historical use. Lot combine documents
stamped by the County Recorder must be provided with building permit
application.
4.
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.
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.
6.
The County does not provide fire service, therefore, it is incumbent that the
applicant seek service and approval of plans from the jurisdictional fire service
provider.

e.
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.

f.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.

g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
may be considered for revocation to the zoning that existed on the date of application. It
is, therefore, stipulated and agreed that either revocation due to the failure to comply with
any conditions, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation of the
Zone Change. The Zone Change enhances the value of the property above its value as
of the date the Zone Change is granted and reverting to the prior zoning results in the
same value of the property as if the Zone Change had never been granted.