Vote — approved

Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Clint Hickman	yes
Steve Gallardo	yes

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman, Steve Gallardo

Item Text

10. ARIZONA ROCK DEPOT Case #: Z2023156 Supervisor District: 1 Applicant & Owners: Jessica Sarkissian, Upfront Planning & Entitlements and Rod Jarvis, Gallagher and Kennedy / Garren and Heather Foster Request: Special Use Permit (SUP) for rock and sand storage and sales per MCZO 1301.1.4 and other interim industrial uses per MCZO 1301.1.22 in the C-3 zoning district. Site Location: Generally located 450’ east of the SEC of San Tan Blvd. and Power Rd. in the Chandler Heights area Commission Recommendation: On 9/26/24, the Commission voted 7-0, to adopt a motion recommending the Board of Supervisors approve Z2023156 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Arizona Rock Depot“, consisting of 1 full-size sheet, received July 17, 2024, 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 for Foster 2.8” consisting of seven pages, dated June 2024, except as modified by the following conditions. c. This special use permit is valid for a period of 10 years and shall expire on October 23, 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. d. The following SUP standards will apply in the underlying Rural-43, R-4 and C-3 zoning districts: i. Site Enclosure and Screening: 1. A 6’ solid wall except for a chain link fence may be used along the front lot line along San Tan Blvd with accent decorative fencing with boulders and iron. No screening will be required interior of the SUP along underlying zoning district lines. ii. Setback requirements: 1. No setback will be required interior of the SUP along underlying zoning district lines except that no building will be permitted to straddle such lines. 2. Front Yard a. 10-feet abutting an arterial street to residential 3.Side Yard a. 10-feet abutting residential 4. Rear Yard a. 25-Feet adjacent to residential iii. Maximum Height: 1. 40’ iv. Driveway surface material: 1. Stabilized Decomposed Granite. v. Parking Requirements: 1. 1 per 1,250 sq. ft. of floor area 2. 1 per 5,000 sq. ft. of outside display area vi. Permitted Uses: 1. Permitted Uses listed in MCZO 503.2 2. Development of stone and gravel products per MCZO 1301.1.4 including the storage and sales of sand and gravel 3. Outdoor storage including wholesale and retail sales of landscape materials, storage rental yards, construction yards and similar, interim industrial uses for a period not exceeding 10 years per MCZO 1301.1.22 e. The following PND Engineering conditions will apply: i. MCDOT Detail 2036-1 or 2036-2 shall be used for the driveway instead of MAG detail 251. ii. The additional Right-of-Way (7-feet for a total of 40-feet) shall be dedicated to MCDOT prior to issuance of Building Permits. iii. Improvements along San Tan Blvd. shall be coordinated with the project manager for TT0647. iv. If 1.0 acres or more are disturbed, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. See: https://www.maricopa.gov/DocumentCenter/View/6577 v. 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. vi. 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 project. vii. Detailed Grading and Drainage Plans must be submitted with the application for Building Permits. 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. 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. 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-44-25-024-X-00)

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