12-7-22 BOS AGENDA.PDF

Maricopa County — Formal (2023-01-25)

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December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 1 of 9 
 
BOARD OF SUPERVISORS’ HEARING 
PLANNING AND ZONING AGENDA 
December 7, 2022 
 
CONSENT AGENDA 
 
Title: 
 
 
 
Hyder Energy Center Project  
 
 
Case #: 
 
 
CPA2022009  
Supervisor District: 
5 
Applicant / Owners: 
Wood Group USA / Multiple – See Parcel Exhibit in Planning & Zoning 
Packet 
Request: 
Major Comprehensive Plan Amendment (CPA) to change the land 
use 
designation 
in 
the 
Vision 
2030 
Maricopa 
County 
Comprehensive Plan from Rural Development Area to Utilities. CPA 
approval is by Resolution.  
Site Location:  
Generally located between the Yuma County Line to the west, 
555th Ave. to the east, Old Agua Caliente Rd. to the south, and 
Butterfield Stage Rd. to the north 
Commission  
Recommendation: 
On 11/3/22, the Commission voted 9-0, to recommend approval of 
CPA2022009 subject to conditions ‘a’ – ‘d’: 
 
a. 
Development and use of the site shall be in substantial conformance with the 
narrative report entitled “Hyder Energy Center Project” dated revised September 
30, 2022 and stamped received October 3, 2022, except as modified by the 
following conditions.  
 
b. 
Development and use of the site shall be in substantial conformance with the 
land use exhibit entitled “Land Use Exhibit” dated revised September 30, 2022 and 
stamped received October 3, 2022, except as modified by the following 
conditions. 
 
c. 
The land use designation of ‘Utilities’ approved as part of case CPA2022009 shall 
be subject to any applicable time limits set forth in the subsequent zone change. 
  
d. 
The applicant is proposing to develop a photovoltaic solar electric generating 
facility which, pursuant to the Maricopa County Comprehensive Plan, 
necessitates a change in the land use designation from Rural Development Area 
to Utilities. The proposal by the applicant represents a comprehensive approach 
to the subject property and will allow the applicant to pursue the proper 
entitlements pursuant to state law so that they can lawfully operate in 
unincorporated Maricopa County. This particular proposal is an appropriate plan 
for the property and is consistent with the overall intention of the comprehensive 
plan. However, in the event that the zone change or a zone change phase for 
this particular proposal is not approved by Maricopa County Board of Supervisors 
(BOS) within five (5) years from the date of Board approval of this comprehensive 
plan amendment, this amendment shall no longer be effective as the planning 
justification for this comprehensive plan amendment will no longer be present. In 
such instance, a change of the land use designation from Utilities to Rural 
Development Area will occur, and all comprehensive plan land use maps shall

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 2 of 9 
 
be altered to reflect as such, because this represents superior long-range 
planning by Maricopa County.  
 
 
Title: 
 
 
 
Harquahala Sun III   
 
 
Case #: 
 
 
CPA2022010 
Supervisor District: 
5 
Applicant / Owners: 
Kimley-Horn / Multiple – See Parcel Exhibit in Planning & Zoning 
Packet 
Request: 
Major Comprehensive Plan Amendment (CPA) to change the land 
use 
designation 
in 
the 
Vision 
2030 
Maricopa 
County 
Comprehensive Plan from Rural Development Area to Utilities.  CPA 
approval is by Resolution.   
Site Location:  
Generally located between Lower Buckeye Rd. to the north, Elliot 
Rd. to the south, 539th Ave. to the west and the 487th Ave. 
alignment to the east 
Commission  
Recommendation: 
On 11/3/22, the Commission voted 9-0, to recommend approval of 
CPA2022010 subject to conditions ‘a’ – ‘d’: 
 
a. 
Development and use of the site shall be substantial conformance with the 
narrative report entitled “Harquahala Sun III” dated revised October 7, 2022 and 
stamped received October 17, 2022, except as modified by the following 
conditions.  
 
b. 
Development and use of the site shall be in substantial conformance with the 
land use exhibit entitled “Harquahala Sun III” dated revised October 7, 2022 and 
stamped received October 13, 2022, except as modified by the following 
conditions. 
 
c. 
The land use designation of utilities approved as part of case CPA2022010 shall 
be subject to any applicable time limits set forth in the subsequent zone change. 
  
d. 
The applicant is proposing to develop a photovoltaic solar electric generating 
facility which, pursuant to the Maricopa County Comprehensive Plan, 
necessitates a change in the land use designation from Rural Development Area 
to Utilities. The proposal by the applicant represents a comprehensive approach 
to the subject property and will allow the applicant to pursue the proper 
entitlements pursuant to state law so that they can lawfully operate in 
unincorporated Maricopa County. This particular proposal is an appropriate plan 
for the property and is consistent with the overall intention of the comprehensive 
plan. However, in the event that the zone change or a zone change phase for 
this particular proposal is not approved by Maricopa County Board of Supervisors 
(BOS) within five (5) years from the date of Board approval of this comprehensive 
plan amendment, this amendment shall no longer be effective as the planning 
justification for this comprehensive plan amendment will no longer be present. In 
such instance, a change of the land use designation from Utilities to Rural 
Development Area will occur, and all comprehensive plan land use maps shall 
be altered to reflect as such, because this represents superior long-range 
planning by Maricopa County.

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 3 of 9 
 
 
 
Title: 
 
 
 
Z2021162 
 
 
 
Case #: 
 
 
Brown Family Project  
Supervisor District: 
1 
Applicant / Owners: 
Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Brown 
Family Trust / Sloltz Family Trust / Joshua Brown 
Request: 
Zone Change with Overlay Rural–43 to C-2 CUPD  
Site Location:  
Approx. 1,640’ east of the NEC of 144th St. and Willis Rd. 
Commission  
Recommendation: 
On 11/3/22, the Commission voted 9-0, to recommend approval of 
Z2021162 subject to conditions ‘a’ – ‘i’: 
 
a. 
Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 
304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional 
five (5) years for each subsequent phase, within which time the construction 
permit for each phase must be obtained. The applicant shall submit a written 
report every five years from the date of Board of Supervisors approval of Z2021162 
which details the status of this project, including progress on obtaining 
construction permits. The status report to be administratively reviewed by 
Planning and Development with the ability to administratively accept or to carry 
the status report to the Board of Supervisors (Board), upon recommendation by 
the Planning and Zoning Commission (Commission) for consideration of 
amendments or revocation of zoning for undeveloped parcels. Status reports will 
be required until completion of the initial construction permits for each zoning 
parcel.  
 
b. 
Prior to approval of the precise plan of development approval, except as noted 
in this condition, the applicant shall provide the Maricopa County Planning and 
Development Department with an executed pre-annexation 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 provider(s).  Until the pre-annexation 
service agreement is executed or a will-service letter is accepted, the only uses 
permitted shall be those that the Department considers to not require water and 
wastewater. 
 
c. 
The following C-2 CUPD standards shall apply:  
 
1. 
Height: 70’ 
 
2. 
Billboard hieght:70’ 
 
3. 
Distance from freeway travel lane for freeway billboard: 556’ 
 
4. 
Site Screening: Outdoor storage of products and materials may exceed 
the height of the enclosure, but they shall not exceed 8’.  Stored vehicles 
and related shade structures may not exceed a height of 12’.

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 4 of 9 
 
5. 
Minimum distance separation between billboards: 850’ 
 
d. 
CUPD overlay shall prohibit the following uses: 
 
1. 
Adult orientated facilities 
 
2. 
Bars 
 
3. 
Drive-in or drive-thru restaurants 
 
4. 
Retail sales of gas (butane or propane) 
 
5. 
Liquor stores 
 
6. 
Theaters  
 
7. 
Self-storage 
 
8. 
Recreation centers with pool halls or billiards 
 
e. 
The following PND Engineering conditions: 
 
1. 
Drainage review of planning and/or zoning cases is for conceptual design 
only and does not represent final design approval nor shall it entitle 
applicants to future designs that are not in conformance with Section 1205 
of the Maricopa County Zoning Ordinance and the Maricopa County 
Drainage Policies and Standards.  No entitlement is inferred by this review. 
 
2. 
All development and engineering design shall be in conformance with 
Section 1205 of the Maricopa County Zoning Ordinance and current 
engineering policies, standards and best practices at the time of 
application for construction. 
 
3. 
Any site development must include a grading and drainage plan 
prepared by a licensed civil engineer in accordance with Drainage 
Review Requirements for Precise Plans (Planning Phase) and the 
Engineered Plan Submittal Requirements (Building Phase). 
 
4. 
The site is not located in a Special Flood Hazard Area.  The Flood Control 
District has no comments on this application. 
 
5. 
MCDOT has no comments on this application. 
 
6. 
The subject premise is NOT located within the County’s Urbanized Area.  A 
Storm Water Pollution Prevention Permit (SWPPP) is not required for the 
development of this site. 
 
f. 
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

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 5 of 9 
 
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. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Zone Change with Overlay 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, 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. 
 
 
Title: 
 
 
 
Black Rock Coffee  
 
 
Case #: 
 
 
Z2022100 
Supervisor District: 
3 
Applicant / Owner: 
Shaine T. Alleman, Tiffany & Bosco, P.A. / 7960 East Thompson Peak 
Parkway LLC 
Request: 
Zone Change with Overlay from C-O to C-1 CUPD 
Site Location:  
Generally located at the NWC of King Rd. & Gavilan Peak Pkwy. in 
the Anthem area 
Commission  
Recommendation: 
On 11/3/22, the Commission voted 9-0, to recommend approval of 
Z2022100 subject to conditions ‘a’ – ‘g’: 
 
a. 
Development of the site shall be in substantial conformance with the Zoning 
Exhibit entitled ‘Black Rock Coffee Bar Black Rock Coffee’ consisting of 1 page, 
dated August 3, 2022, and stamped received September 15, 2022, except as 
modified by the following conditions. Staff may determine slight refinements to 
remain in substantial conformance with the approved narrative.  Minor and 
major amendments to the narrative will be determined in accordance with 
Chapter 3 of the Maricopa County Zoning Ordinance.

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 6 of 9 
 
b. 
Development of the site shall be in substantial conformance with the Narrative    
Report entitled “NEC of Gavilan Peak Parkway & King Drive Proposed Rezone 
from C-O to C-1 CUPD”, consisting of 11 pages, stamped received October 21, 
2022, except as modified by the following conditions. 
 
c. 
The following CUPD standards shall apply:  
 
1. 
Menu-boards for drive-thru restaurants containing speakers shall not be 
located any closer than 90 feet to a Rural or Residential zone 
2. 
A solid wall shall not be required along and adjacent to any side or rear 
property line abutting any rural or residential zone boundary. 
3. 
Adjacent to any rural or residential zone parking areas shall not be 
screened from view. 
4. 
Uses Permitted – Cafes, including drive-through but not including those 
having dancing or shows, or drive-in car service. The sale of alcoholic 
beverages for on-site consumption only may be permitted as an 
accessory use if the kitchen facilities in the restaurant do not exceed 20% 
of the floor area. Patios, cocktail lounges, and outside dining and drinking 
area shall be limited to a space serving no more than 50 patrons, and no 
entertainment or music shall be audible off site. 
 
d. 
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. 
 
e. 
The Following 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) 
application(s).  
 
3. 
The applicant shall coordinate with MCDOT, who has initiated a 
Transportation Improvement Project (TT0662) involving the signalization of 
King Drive and Gavilan Peak Pkwy, with future entitlement (POD) 
application(s). 
 
4. 
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

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 7 of 9 
 
Roadway Design Manual; and current engineering policies, standards and 
best practices at the time of application for construction.  
 
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 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. 
 
REGULAR AGENDA 
 
Title: 
 
 
 
Eagletail Airstrip (Cont. from 12/9/20) 
 
 
 
 
Case #: 
 
 
Z2020011 
Supervisor District: 
5 
Applicant & Owner: 
Gretchen House & Michael Tragarz, 99AZ Eagletail Runway 
Association  
Request: 
Modification of Condition for permanent extension of Special Use 
Permit (SUP) Z 99-87 for a private airstrip/runway in the Rural-43 
zoning district  
Site Location:  
Generally located between Broadway Rd. and Southern Ave. 
approximately ¼ mile west of 539th Ave., in the Harquahala area 
Commission  
Recommendation: 
On 10/22/20, the Commission voted 8-0 to recommend approval of 
Z2020011 with waiver to the Runway Protection Zones and Obstacle 
Free Zones per MCZO Art. 1111.3, subject to conditions ‘a’ – ‘j’:  
 
a. 
Development shall comply with the site plan, entitled "Site Plan of Eagletail 
Airstrip,”, consisting of 4 sheets, dated November 18, 1999 and stamped received 
February 24, 2020 except as modified by the following stipulations. 
 
b. 
Development shall comply with the provisions in the narrative report entitled 
"Eagletail Airstrip, Maricopa County, Arizona Special Use Permit Narrative Report", 
consisting of 8 pages, dated February 10, 2020 stamped received 
February 24, 2020 except as modified by the following stipulations. 
 
c. 
The applicant shall submit a written report outlining the status of the development 
at the end of five years from the date of approval by the Board of Supervisors.

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 8 of 9 
 
The status report shall be reviewed by staff to determine whether the special use 
is compatible with the surrounding area. 
 
d. 
This Special Use Permit shall be in perpetuity or shall expire upon termination of 
the use. Any improvements associated exclusively with the SUP shall be removed 
within 180 days of such expiration. 
 
e. 
All outdoor lighting shall conform to Section 2318 of the Maricopa County Zoning 
Ordinance. 
 
f. 
Major changes to this Special Use Permit must be processed as a revised 
application with approval by the Board of Supervisors upon recommendation of 
the Commission.  The Department of Planning and Development may 
administratively approve minor changes. 
 
g. 
No person shall operate, maintain, use or allow the use of any area larger than 
5,000 square feet for the parking, storage, servicing or dispatching of motor 
vehicles without first implementing reasonably available control measures to 
effectively prevent or minimize fugitive dust. 
 
h. 
After zoning approval, but prior to issuance of any building permits or the issuance 
of a drainage clearance, the developer or his representatives must contact the 
Flood Control Permitting Office. 
 
i. 
Non-compliance with the regulations administered by the Maricopa County 
Environmental 
Services 
Department, 
Maricopa 
County Department 
of 
Transportation or the Maricopa County Flood Control District may be grounds for 
initiating a revocation of this Special Use Permit as set forth in Section 2806 of the 
Zoning Ordinance. 
 
j. 
The number of flights per month shall be unlimited. 
 
 
Title: 
 
 
 
Cowboy Mounted Shooting Training with Half Loads   
 
Case #: 
 
 
Z2022141 
Supervisor District: 
5 
Applicant & Owner: 
Carrie Hirshberg   
Request: 
Special Use Permit for Mounted Cowboy Shooting in the Rural-43 
zoning district  
Site Location:  
Generally located approximately 636 ft. south of the SWC of 
Weldon Ave. & 359th Ave. in the Tonopah area. 
Commission  
Recommendation: 
On 11/3/22, the Commission voted 8-0, to recommend approval of 
Z2022141 subject to conditions ‘a’ – ‘g’: 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan 
entitled “Horse Training Facility and Training for Cowboy Mounted Shooting Using 
Half Loads“, consisting of 3 full-size sheets, stamped received September 26, 
except as modified by the following conditions. Staff may determine slight 
refinements to remain in substantial conformance with the approved site

December 7, 2022 Board of Supervisors’ Hearing – P&Z Agenda 
Page 9 of 9 
 
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 “Cowboy Mounted Shooting Training with Half Loads”, consisting 
of 5 pages, stamped received September 26, 2022, except as modified by the 
following conditions. 
 
c. 
This special use permit is valid for a period of 10 years and shall expire on 
December 7th, 2032, 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 following Arizona State Land Department condition shall apply: 
 
1. 
No projectiles or casings associated with this SUP will be left upon the State 
Trust Land. 
 
e. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Special Use Permit as set forth in the Maricopa 
County Zoning Ordinance.  
 
f. 
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 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 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. 
 
g. 
All existing structures erected without the benefit of a building permit shall be 
subject to a building permit with a status of finalled within 6 months of approval 
of this SUP.