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

9. TK CONCRETE LLC Case #: MCP2023008 Supervisor District: 4 Applicant & Owners: Brennan Ray, Burch & Cracchiolo, P.A./ Jaun Mendoza-Sanchez and Karina Mancilla Bustos Request: Military Compatibility Permit (MCP) with Plan of Development (POD) in the Rural–43 MAAMF zoning district for a concrete business with outdoor vehicle, equipment, and material storage Site Location: Generally located about 1,400’ north of the NWC of Perryville Rd. and Thomas Rd. in the Buckeye area Commission Recommendation: On 11/7/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve MCP2023008 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Plan of Development entitled “Mendoza-Sanchez Property“, consisting of 1 full-size sheet, dated September 24, 2024 and stamped received September 24, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “TK Concrete, LLC”, consisting of 7 pages, dated September 24, 2024, and stamped received September 24, 2024, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. Perryville Road is a MCDOT maintained roadway classified as an arterial roadway. The MCDOT R/W requirement for arterial roadways is 65 feet (half-width). Dedication of R/W is required across the frontage of the subject premises to provide the required 55 feet of R/W, unless determined otherwise by MCDOT Planning. The dedication must be done within 6 months of the Board of Supervisor approval or Building Permit approval, whichever one occurs first. 2. The site is adjacent to MCDOT Right-of-Way (R/W). A driveway conforming to section of the MCDOT Roadway Design Manual is required. A concrete or paved driveway within the County R/W is required. Disturbance within the R/W will require a MCDOT permit concurrent with building permits. The paved driveway connection must be done prior to or at the time of the Building Permits. 3. The plans submitted do not show any new site improvements. Any new land disturbance in excess of 1,500 square feet will require engineered grading and drainage plans and retention for the newly disturbed area. 4. 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. 5. 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 site’s drainage infrastructure. 6. Detailed Plans must be submitted with the application for Building Permits. 7. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) from the County may be required if the disturbance area is greater than an acre. The SWPPP would be required prior to issuance of any construction permits. d. The following MCP standards shall apply: 1. Minimum front yard setback: 20’ 2. Minimum Rear yard setback: 5’ 3. Minimum side yard setback: 20’ 4. Maximum Lot Coverage: 30% 5. Minimum Parking: 9 stalls (4 standards stalls, 4 tandem parking stalls, and 1 ADA stall) 6. Sight Visibility Triangle: 25’X10’ 7. Permitted Use: Concrete contractor’s yard including the storage of pickup trucks, trailers, light equipment, and materials for the concrete business e. Maximum of one portable toilet may be stored on site as long as it is empty, clean, and placed a minimum of 30’ from all lot lines. f. Equipment shall not be maintained, tested, or operated on site. g. The rear (western) lot line must be landscaped so that leafy vegetation extends a minimum of one foot above the 6’ block wall and maintains an unbroken vegetative barrier. This includes minimum 15-gallon xerophytic trees 20’ apart on center from the southern lot line to the northern extent of the property. The trees must be planted within six months of Board approval, and maintained (replaced as necessary) for the life of commercial business activity on site. h. Commercial diesel trucks may not be operated or stored on the property. i. All existing lighting on site must be modified to be fully compliant with MCZO 1111 and fully shielded from all lot lines within one month of Board of Supervisors approval. j. 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. k. 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 MCP. The MCP enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. (C-44-25-053-X-00)

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