Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Steve Gallardo	yes
Debbie Lesko	absent

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Steve Gallardo Absent: Debbie Lesko

Item Text

7. CABALLERO LANDSCAPE CONTRACTOR’S YARD Case #: Z2024016 Supervisor District: 5 Applicant and Owner: Dennis Keogh / Juan Caballero Request: Special Use Permit (SUP) for an outdoor landscape contractor’s storage yard in the Rural-43 zoning district Site Location: Generally located 412’ north of the NEC of Airport Rd. and Telegram Path Rd. in the Rainbow Valley / Goodyear / Buckeye area Commission Recommendation: On 7/10/25, the Commission voted 5-0 (motion by Commissioner Hernandez D5, seconded by Commissioner Rochwalik D3, Commissioner Leighton D4 recused) to adopt a motion recommending the Board of Supervisors approve Z2024016 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Grading & Drainage Plan entitled “Grading & Drainage Plan for Caballeros Landscape Inc.“, consisting of 2 full-size sheets, dated June, 2025, and stamped received June 23, 2025, 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 “Narrative Report for Caballero Landscape, Inc.”, consisting of 17 pages, dated December 2023, and stamped received January 29, 2024, 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. 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. 2. 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. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits 4. The entire site and adjacent half-streets’ runoff shall be retained onsite. If portions of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-streets’ runoff shall be retained unless separately addressed by the other jurisdictions. 5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 2-hour runoff from all contributing areas. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins shall drain within 36 hours per County requirements. 7. Any dedication and onsite or offsite improvements needed, shall be determined by MCDOT Traffic and MCDOT Permits, based on an approved TIA/TIS meeting MCDOT standards before the approval of any building permits. d. This special use permit is valid for a period of 10 years and shall expire on August 20, 2035 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. Emergency contact information must be displayed at the entrance of the property. f. 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. 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, and at the time of expiration of the Special Use Permit, the property may be considered for revocation 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-44-26-022-X-00)