Maricopa County panel approves Gilbert‑area rezoning after narrowing pre‑annexation requirement

The Maricopa County Planning and Zoning Commission voted 6‑0 on July 24 to recommend approval of KC25‑0011, a request to rezone roughly 13 acres at the southeast corner of Valdosta Drive and (as recorded in the transcript) “Over to your road,” from Rural‑43 to C2 CPD with an overlay, after commissioners revised a staff condition that would have required a pre‑annexation utility service agreement with the Town of Gilbert.

Staff told the commission the condition was intended to avoid creating a permanent county island without urban services near existing municipal development. That rationale anchored the discussion among commissioners, staff and the applicant and led to a compromise that exempts self‑storage from the pre‑annexation requirement and permits a will‑serve letter for utilities in lieu of a full pre‑annexation agreement.

Darren, speaking for county planning staff, said the pre‑annexation condition was intended to prevent future development from remaining on septic and becoming a permanent county island. “What we don't want to foster is a permanent county island. It's bad for the provision of services… and ultimately bad for the taxpayers of the county,” he said. Staff’s report recommended approval with standard conditions a through j, including the pre‑annexation language in condition D.

The applicant, Adam Baugh of Withy Moore Spa, said the property has been designed with the expectation that the front, retail portion would meet town standards and likely annex into Gilbert, while a low‑trip self‑storage area at the rear could remain in the county and operate on septic. “We fully expect that…our front side will likely develop into the town, and our green side will likely develop in the county,” Baugh said. He also said the team had discussed the plan informally with the town and had built the front portion to town standards to ease future annexation.

Commissioners debated policy and precedent. Commissioner (Acting Chair) Finter and Commissioner Lindblom expressed concern about requiring pre‑annexation as a blanket rule for commercial rezonings; Commissioner Toma emphasized that C2 entitlements are broad and can include uses that generate substantial public‑safety calls and demand municipal services. Lindblom proposed striking the pre‑annexation requirement; after discussion, he offered a narrower compromise. He said: “I am fine with them requiring a will serve for the water if the applicant's okay with that, but not for sewer.”

County staff provided a revised drafting of condition D, which the commission adopted as part of the motion. As read by staff, the revised language requires, prior to precise plan of development approval (other than for self‑storage uses), an executed pre‑annexation utility service agreement with the Town of Gilbert identifying timing for annexation and provision of water and sewer. “In lieu of a pre‑annexation service agreement, the developer must provide a will‑serve letter from their certificated water and sewer providers,” Darren read into the record. The applicant agreed to that formulation.

The commission then voted 6‑0 in favor of recommending approval with the amended condition D. Commissioners voting in the affirmative were Acting Chair Finter, Commissioners Layton, Millhaven, Toma, Whitney and Chairman Lindblom. The panel also approved the balance of the consent agenda (five cases) earlier in the meeting by a separate 6‑0 vote.

Votes at a glance: SU240024 (Lake Pleasant Assisted Living 2) — special use permit for a 10‑resident community in Rural‑43; recommended approval subject to conditions a–j; approved on consent 6‑0. MCP2500002 (Rock 4 Less) — military compatibility permit for aggregate rock sales; recommended approval subject to conditions a–i; approved on consent 6‑0. Z2500007 (Sierra Luna BESS facility) — industrial rezoning for a future battery energy storage site on ~18.5 acres; recommended approval subject to conditions a–j; approved on consent 6‑0. SU2500008 (212 Citrus RV Storage) — special use permit for RV/boat storage on ~4.5 acres in Rural‑43; recommended approval subject to conditions a–h; approved on consent 6‑0. Z2500014 (Arlington Propane) — IUPD rezoning for a proposed rail‑truck propane terminal on ~31.8 acres; recommended approval subject to conditions a–g; approved on consent 6‑0. KC25‑0011 (Valdosta/“Over to your” road) — rezoning to C2 CPD with modified condition D (pre‑annexation required before precise plan approval except for self‑storage; will‑serve letters accepted in lieu); recommended approval 6‑0.

The commission’s change preserves staff’s goal of securing water and sewer service for future commercial uses while allowing the applicant’s proposed self‑storage component to develop without a full pre‑annexation agreement. Staff and the applicant indicated the revised condition would address the project’s mixed development expectations — retail likely to annex and self‑storage likely to remain in county jurisdiction on septic — and the commission closed the item with the approved language.

After the vote staff announced minor meeting logistics changes for future hearings; the commission adjourned.