Vote: approved

Item Text

6. DYNAMITE WATER LLC Case #: Z2019145 Supervisor District: 2 Applicant & Owner: Carolyn Oberholtzer, Bergin, Frakes, Smalley & Oberholtzer / Granite Mountain Investments, LLC Request: Special Use Permit for a cottage industry in the Rural–43 zoning district to allow for overnight parking of commercial water trucks Site Location: Generally located 300’ south of the SWC of 166th St and Lone Mountain Rd. in the Rio Verde area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2019145 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the site plan entitled “Home Occupation Site Plan“, consisting of 1 full-size sheets, dated September 21, 2023, and stamped received October 10, 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 “Special Use Permit Narrative Application”, consisting of 12 pages, dated October 2023 and stamped received October 30, 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 and does not represent final design approval. 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. d. This special use permit is valid for a period of ten years and shall expire on January 24, 2034, 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. The following SUP standards shall apply: 1. Driveway Surface Material: maintain a minimum three-inch-thick gravel surface 2. Screening: maintain a minimum of ten live mesquite trees on northern lot line 3. Parking: none f. No more than two water trucks shall be permitted on site and no more than one water truck shall be stored outside. g. No customers or nonresident employees may be received on site. 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 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. (C-44-24-151-X-00)

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