03. Z2022110 PZ Report

Z2022110 
Page 1 of 7 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
Z2022110 - NEC 355th Ave. & Van Buren Street 
 
 
 
Hearing Date: 
September 14, 2023 
 
Supervisor District: 
4 
 
 
 
  
 
Applicant: 
Zachary Pebler, Zachary Pebler, PLLC  
 
Owner: 
Mangat Investment, LLC 
   
Request: 
Zone change from Rural-43 to IND-1  
 
  
 
Site Location: 
Generally located at the NEC of 355th Ave. and Van Buren St. in the Tonopah 
area 
 
  
Site Size: 
Approximately 154 acres 
 
Density: 
N/A 
 
County Island:  
No  
 
 
County Plan: 
Tonopah/Arlington Area Plan – Rural Densities (0-1)  
 
Municipal Plan: 
N/A 
 
Municipal Comments: 
N/A 
 
Support/Opposition: 
None known 
 
Recommendation: 
Approve with conditions

Z2022110 
Page 2 of 7 
Project Summary: 
 
1. 
This is a zone change request without a precise plan from Rural-43 to IND-1 for a future outdoor 
storage facility or other IND-1 industrial use that can function without the need for a public sewer 
system. According to the applicant, this is a fast-growing part of the County where a future 
connection to a private sewer line from Global Water Resources (which supplies the area with 
water) could be possible in the future for this site. The site is located at the northeast corner of 
355th Ave. and Van Buren St. in the Tonopah area 1½ miles south of Interstate 10. The site 
consists of 154 acres adjacent to two arterial roadways with several areas along these roadways 
for driveway access points. The nearest freeway interchange is located two miles northeast at 
339th Ave. which accesses Van Buren St. east of the site.  
 
2. 
The area around this site has experienced other zone changes from rural residential to industrial, 
namely for utility-scale solar facilities, which has spurred this zone change request. The site is 
undeveloped surrounded by natural desert or rural residences. The applicant applied for this zone 
change request on May 17, 2022, followed by a Technical Advisory Committee (TAC) Meeting on 
June 2, 2022. During the TAC meeting, the applicant was advised to submit for an amendment of 
the Tonopah/Arlington Area Plan to change the land designation of rural densities (0-1) to 
industrial since this site is over 40 acres in size (CPA2023008), which is being heard on this same 
agenda.   
 
                         2023 Aerial Image

Z2022110 
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                                                              Zoning Map  
 
                            Zoning Exhibit

Z2022110 
Page 4 of 7 
Existing On-Site and Adjacent Zoning / Land Use: 
 
3. 
On-site: 
 
Rural-43 / Natural desert 
North: 
Rural-43 / Natural desert 
South: 
Rural-43 / Single-family residences and natural desert 
East: 
Rural-43 / Single-family residences and natural desert 
West: 
Rural-43 / Natural desert 
 
 
Utilities and Services: 
 
4. 
Water: 
 
Global Water Resources 
Wastewater: 
Private septic system 
School Districts: 
Saddle Mountain Unified School District 
 
Buckeye Union High School District  
Fire: 
Arizona Fire & Medical Authority  
Police:  
MCSO  
 
Right-of-Way: 
 
5. 
The following table includes existing and proposed half-width right-of-way and the future 
classification based on the Maricopa County Department of Transportation (MCDOT) Major 
Streets and Routes Plan.  It should be noted that at this time a plan of development (POD) has 
not been submitted and with no traffic impact study, future half-width right-of-way will need to be 
determined during the POD stage.   
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Future Classification 
355th Ave.  
            40-feet  
             TBD 
     Principal Arterial 
Van Buren St.  
            40-feet  
             TBD 
     Principal Arterial 
Roosevelt St.  
             0-feet  
             TBD 
     Collector Street 
351st Ave.  
             0-feet 
             TBD 
     Collector Street 
 
Adopted Plan: 
 
6. 
Tonopah/Arlington Area Plan (adopted September 6, 2000): This area plan designates the site 
as Rural Densities (0-1 du/au) that denotes areas where single-family residential development is 
desirable but urban services are limited. It should be noted that the applicant has a subsequent 
comprehensive plan amendment to change the land use designation from Rural Densities to 
Industrial to be more compatible with this zone change request (CPA2023008). 
 
Public Participation Summary: 
 
7. 
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 within 300 feet 
of the subject site and area interested parties. Signs were posted on the site in accordance with 
applicable regulations. Staff received a public participation results report in accordance with 
County requirements. To date, staff has not received any letters of support or opposition 
concerning this zone change request.  
 
8. 
The applicant held a virtual neighborhood meeting on June 1, 2023. According to the citizen 
participation results report, six neighboring property owners attended this neighborhood meeting. 
During the meeting most of the neighbors had concerns that this zone change would allow heavy 
industrial uses, but when they found out this would light industrial uses their concerns lessened

Z2022110 
Page 5 of 7 
and some neighbors were even supportable of this zone change request. However, one neighbor 
was not supportive of this zone change request with concerns about increased vehicle traffic and 
the loss of the rural character of the area. The applicant countered this concern, letting the 
applicant know that any future development on this site will require a traffic impact study that 
would be adhered to during development. Additionally, the applicant countered the second 
concern by letting the neighbor know this area has numerous rezoning cases converting large 
acreages in this area to both light and heavy industrial zoning districts. The applicant also 
demonstrated that portions of the Loop 303 Frwy. have numerous light industrial developments 
near residential and rural residential land uses without issues. Since the applicant’s neighborhood 
meeting staff have not received any support or opposition to this proposal.   
 
Outstanding Concerns from Reviewing Agencies: 
 
9. 
N/A. 
 
Staff Analysis: 
 
10. 
Staff supports the request for a zone change on this site. Since the site is only served by a private 
company for water and will only utilize a private on-site septic system. Staff supports conditioning 
this site to IND-1 light industrial uses that can function on a septic system until such time a sewer 
line can be extended to the site. According to the applicant, Global Resources Company has 
mentioned that the subject site is within their service area, but at this time sewer lines have not 
been extended to this portion of their service area. This is a developing part of the County within 
the future Interstate-11 corridor with nearby access to Interstate-10 and along two arterial 
roadways. As such, light industrial uses like outdoor storage, truck storage, or distribution 
facilities are feasible for this site. These types of uses have been integrated into existing rural 
residential areas without issues in the recent past and there are large amounts of land in the 
immediate surrounding area that have been rezoned to industrial zoning districts with full support 
by staff, the commission, and Board members.    
 
Recommendation: 
 
11. 
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve Z2022110 subject to the following conditions ‘a’ – ‘j’: 
 
a. 
Development of the site shall be in substantial conformance with the zoning exhibit 
entitled “NEC of 355th Ave. & Van Buren St.“, consisting of one full-size sheet, dated July 
12, 2023, and stamped received July 13, 2023, 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 “NEC 355th Ave. & Van Buren Street”, consisting of five pages, dated July 12, 2023, 
and stamped received July 19, 2023, 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

Z2022110 
Page 6 of 7 
addressed as development plans progress and are submitted to the County for 
further review and/or entitlement. 
 
2. 
The site contains a regulated floodplain (FEMA Zone AE – Phillips Wash). 
Disturbance to the floodplain will require procurement of a floodplain use permit 
concurrent with the required building permit(s). 
 
3. 
A traffic impact study must be submitted with future entitlement (POD) 
application(s). 
 
4.         The development site is bordered by 355th Avenue and Van Buren Street (arterial 
alignments) and two (2)  midsection alignments (351st Ave and Roosevelt Street). 
Dedication with future entitlement (POD) application(s) may be required along 
these alignments unless determined otherwise by MCDOT Planning. 
 
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. 
 
c.  
The use of the site shall be limited to outdoor storage or other IND-1 uses approved by the 
Maricopa County Environmental Services (MCESD) that can be accommodated by septic 
systems until such time as the site is served by a sewer system. 
 
d.            Prior to a precise plan of development approval, the applicant shall submit to the Maricopa 
County Planning and Development Department confirmation of service by Global 
Resources and an approved Certificate of Convenience and Necessity (CC&N) issued by 
the State of Arizona.  
 
e.      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.          All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of 
the Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from 
any adjoining rural or residential zoning district.  
 
g.          Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and 
ARS § 11-814 for seven (7) years for the initial phase and an additional two (2) years for 
each subsequent phase, within which time the plan of development must be approved 
with associated construction permits for each phase must be obtained.

Z2022110 
Page 7 of 7 
h.  
Any amendments to the zone change shall be processed as a revised application in 
accordance with Maricopa County Zoning Ordinance requirements.  
 
i.       Noncompliance with any Maricopa County Regulation shall be grounds for initiating a 
revocation of this zone change 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.  
 
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 
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, 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. 
 
 
Presented by: 
Martin Martell, Planner 
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Zoning Exhibit (reduced 8.5”x11”, 1 page) 
 
Narrative Report (5 pages) 
 
MCESD comments (1 page) 
 
DPR comments (2 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 154 approx.
Generated September 5, 2023 1:49 PM
Z2022110
Application Name:
Legal Description
NEC 355th Ave. & Van Buren Street
Applicant
Case Address
T01N R05W 6, TT1N RR5W 06
ZACHARY PEBLER for ZACHARY A PEBLER, PLLC
35208 W VAN BUREN St
Applicant Phone/Email
Parcel Primary:504-11-012
480.321.8149
ZAPEBLER@AOL.COM
TONOPAH AZ 85354
Map scale 1:6,566
Supervisor District No.
REZONE FROM RURAL-43 TO IND-1

Z2022110
RECEIVED 13.JUL 23

Zachary A. Pebler, PLLC. 
Real Estate – Land Planning – Development 
3100 W. Ray Road #101, Chandler, AZ. 85226 
480-321-8149 
ZAPEBLER@AOL.COM 
 
 
PROJECT NARRATIVE 
-REZONING REQUEST- 
 
 
“NEC 355th Ave. & Van Buren Street” 
 
Northeast corner of 355th Avenue and Van Buren Street 
PARCEL #: 504-11-012 
Request:  Zone Change from RU-43 to IND-1 
CASE #: Z2022110 
 
 
 
 
 
Prepared by:  Zachary Pebler 
 
 
Revised: July 12, 2023 
Maricopa County GIO, Maricopa County Assessor's Office
O
3/17/2022  2:23:07 PM
Map
SITE
          Z2022110
RECEIVED 13.JUL 23

Zachary A. Pebler, PLLC. 
Real Estate – Land Planning – Development 
3100 W. Ray Road #101, Chandler, AZ. 85226 
480-321-8149 
ZAPEBLER@AOL.COM 
 
 
 
Purpose of Request:    
 
 
 
1. 
Rezoning from RU-43 to IND-1.  This request allows Mangat Investment, LLC. 
to initiate recruiting tenants and users for an industrial park.  The nature of the 
immediate request is strictly for rezoning with specific Plan of Development (POD) 
submittals to come at a future date. 
 
 
Description of Proposal:  
 
Zachary A Pebler, PLLC, on behalf Mangat Investment, is pleased to present a rezoning 
request of a 153.05 acre parcel, #504-11-012 in Maricopa County.  The land is desert 
property on the northeast corner of 355th Avenue and Van Buren Street.  The request, if 
approved for a “Zone Change from RU-43 to IND-1 Planned Industrial Zoning District”, 
for a future outdoor storage facility or other industrial use that can function without a public 
sewer system until such time the site can be served by a sewer system. 
 
 
 
Relationship to Surrounding Properties: 
 
 
North: The north side of the property is adjacent to a large, vacant, desert 
parcel owned by the State Land Department zoned RU-43. 
 
 
 
East: To the east is also a large desert parcel appearing to be owned by the 
State Land Department which is zoned RU-43.  Toward the south end on the east side 
of the subject are (6) RU-43 zoned lots where only two of the mentioned lots appear 
to have homes or structures on them. 
 
 
South: To the south is Van Buren Street, which is a two-lane road with a single 
lane traffic going each way.  On the south side of the road are a handful of ranchette 
properties, zoned RU-43. 
 
 
West: To the west is 355th Avenue which like Van Buren Street, is a two lane 
road.  On the other side of the street is a large State Trust Land vacant parcel zoned 
RU-43.  
 
 
The subject property sits at the hard corner of two major arterial streets with 
355th Avenue a future strategic feeder onto the I-10 freeway.  Future dedication for 
half street Right-of-Way on both 355th Avenue and Van Buren Street will be worked 
out with the County during Plan of Development stage.

Zachary A. Pebler, PLLC. 
Real Estate – Land Planning – Development 
3100 W. Ray Road #101, Chandler, AZ. 85226 
480-321-8149 
ZAPEBLER@AOL.COM 
This proposal is in response to the dynamic growth along the I-10 and MC-85 
corridors.  The parcel is more specifically located within the Tonopah/Arlington Area 
Plan and the objective to this request is to bring employment to the community.  This 
area has quickly been identified as a strategic logistical corridor making it ripe for 
industrial development and further widening the job base along the I-10. 
 
 
Community Benefit:  
 
 
The zone change to IND-1 and limit the use to outdoor storage facility or other 
industrial use that can function without the need for a public sewer system until such time 
the site can be served by a sewer system, will promote a future employment campus 
with a single or multiple employers to drive jobs in the Tonopah/Arlington area.  
Areas around the periphery of the Phoenix MSA have experienced a boom with 
warehouse distribution facilities.  The Loop 303 and Mesa Gateway area have seen 
spikes in community development as a result of rezoning requests like the one 
presented.  The proposal will bring jobs which will bring more retail and housing 
options to the area.  The property owner has also obtained a Will Serve Letter from 
Global Water Resources and will be extending infrastructure to the site which will 
benefit property owners along Van Buren St. and in the area. 
 
Recent Changes:   
 
The northeast quadrant of 355th Ave & Van Buren has seen a lot of the land 
rezoned to industrial use.  We estimate about 378 acres north of Van Buren between 
355th Ave & 339th Ave has been rezoned from RU-43 to an industrial zoning, IND-2.  
Conventional wisdom by merely looking at the area would suggest an RU-43 
dominated zoning, however, that is incorrect.  Rezoning of these areas, which mirror 
our request, only we are seeking a lighter intensity, has been submitted and approved 
by the County Board of Supervisors to change the majority use of the area.  In fact, 
one rezoning case just east of the site on the south side of Van Buren was approved 
(Case #Z2021141) to the more intense IND-2 zoning.  
 
 
Location & Accessibility: 
The site is strategically positioned at the northeast 
corner of major arterials with clear routes to I-10 and on to other major valley 
freeways.  In addition, upon a  Plan of Development submittal, the Roosevelt Street 
alignment will provide a secondary option to organize internal traffic.   
 
 
 
Circulation: 
By the sheer size of the property, circulation can be forward planned 
very well.  The site could contain at least two ingress/egress points on both 355th 
Avenue and Van Buren Street.

Zachary A. Pebler, PLLC. 
Real Estate – Land Planning – Development 
As discussed above, the two major arterial streets should have a  future 
dedication requirement of 65 feet for a half street on both 355th Avenue as well as Van 
Buren Street during Plan of Development stage. 
On the north end of the property, a mid-section alignment of Roosevelt Street 
appears to be a common-sense road to extend east to west on the north side of the 
property.  Upon approval of a Plan of Development a 40 foot dedication of 
Right-of-Way would be supported by the development team.  351st Ave. also aligns 
with the eastern border of this property as you look from the south side of Van 
Buren St.  However, that future alignment as it would traverse north would run 
directly into an extensive wash/floodway where it would be problematic for road 
design and construction.  The development team feels the 351st Avenue should not 
continue north of Van Buren Street, but further debate (and dedication) could occur 
further at the Plan of development stage. 
Onsite circulation will be planned with staff when a Plan of Development is 
submitted to the County.  During the Plan of Development stage, a 40-foot dedication 
half-width Right-of-Way would be supported during the Plan of Development stage 
for Roosevelt Street.  However, it is clear to see with both arterials in place and 
proposed ROW, the future project will be ripe with circulation options.  
Development Schedule:  There is no timing set for a development schedule.  However, 
if approved, development of the site would be phased into 1-4 phases and formally 
approved through a Plan of Development submittal. 
Community Facilities:  The school district in the area is Saddle Mountain Unified and 
Buckeye Union High School District and although this submittal won’t require further 
school needs, we hope it is a precursor to residential development in the area 
contributing to the schools. 
Public Utilities: 
Water – Global Water Resources 
Sewer – Septic   
Power – APS 
Refuse – Private  
Police & Fire – Maricopa County Sheriff’s Department and Arizona Fire & Medical 
Authority. 
3100 W. Ray Road #101, Chandler, AZ. 85226 
480-321-8149 
ZAPEBLER@AOL.COM

Zachary A. Pebler, PLLC. 
Real Estate – Land Planning – Development 
3100 W. Ray Road #101, Chandler, AZ. 85226 
480-321-8149 
ZAPEBLER@AOL.COM 
 
Compliance with Arlington/Tonopah Area Plan:   We have submitted a 
Comprehensive Plan Amendment to be approved separately from this zone change 
request to change the site’s designated land use from Rural Densities to Industrial 
(CPA2023008).

Subdivision Infrastructure & 
Planning Program 
1001 N. Central Avenue #150 
Phoenix, Arizona 85004 
Phone: (602) 372-2907 
Fax: (602) 506-5813  
TDD 602 506 6704 
Maricopa County 
Environmental Services Department 
Water & Waste Management Division  
DATE: 
June 30, 2022 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TO : 
 
 
Martin Martell, Planning & Development Dept. 
 
 
Planner 
 
 
 
FROM: 
Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: 
REZONE FROM RURAL-43 TO IND-2. Z2022110 
 
The Maricopa County Environmental Services Department (MCESD) has received 
documentation for a REZONE FROM RURAL-43 TO IND-2 at APN # 504-11-012. 
 
According to the documents submitted, Water – Global 
Water Resources 
Sewer 
– Septic,  to  be approved  by Maricopa  County 
 upon  building 
applications or Hassayampa Utility Company. MCESD has concerns, ATC/NOID 
must be obtained prior to construction permit approval.. 
 
Based on the above, MCESD raise no concern to this project to the Planning & 
Development Department in Accela Automation on June 30, 2022. 
 
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.

Larry Morden, P.E. 
Planning & Development 
301 W. Jefferson Ave., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 372-0291 
www.maricopa.gov/planning 
Email address: 
Larry.Morden@maricopa.gov  
  
Maricopa County 
Planning & Development Department 
Engineering Plan Review 
  
 
 
 
Date:    
July 18, 2022 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Martin Martell, Planner, Planning & Development Services 
 
 
From: 
Larry Morden, P.E., LEED AP, Engineering Supervisor, Planning & 
Development Services 
 
cc: 
Michael Norris, P.E., Engineering Manager, Planning & Development 
 
Subject:   
Z2022110 - Zone Change (RU-43 to IND-2) 
 
(E1 Memo) 
Job Site Address: NE corner 355th Avenue and Van Buren Street, Tonopah 
 
APN(s): 
504-11-012 
 
This application is to specify zoning for future development and does not include a 
Plan of Development. 
 
PND Engineering Plan Review (DPR, FCD, PND Transportation, Stormwater) has 
reviewed the 1st submittal of the Zone Change application, and has no objections 
subject to the following conditions: 
 
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. The site contains a regulated floodplain (FEMA Zone AE – Phillips Wash). 
Disturbance to the floodplain will require procurement of a floodplain use permit 
concurrent with required building permit(s). 
 
3. A traffic impact study must be submitted with future entitlement (POD) 
application(s). 
 
4. The development site is bordered by 355th Avenue and Van Buren Street (arterial 
alignments) and two (2)  midsection alignments (351st Ave and Roosevelt Street). 
Dedication with future entitlement (POD) application(s) may be required along 
these alignments unless determined otherwise by MCDOT Planning.

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.