Vote — approved

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

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

Item Text

5. SU240025 - DYNAMITE WATER HAULING TRUCK DEPOT Applicant and Owner: Adam Pruett, BFSO Law / Bruns Damon Request: Special Use Permit (SUP) for a water truck depot in the Rural-43 zoning district Site Location: Generally located at the southeast corner of 172nd St. and Rio Verde Dr. in the Rio Verde foothills area Commission Recommendation: Commission Action: On 10/23/25, the Commission voted 9-0 (motion by Commissioner Finter D2, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve SU250025 subject to conditions ‘a’ – ‘l’ as modified by the Commission. a. Development of the site shall be in substantial compliance with the site plan entitled “Dynamite Water” consisting of four (4) full size sheets stamped received September 17, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Dynamite Water” consisting of thirty-nine (39) pages dated September 17, 2025 and stamped received September 17, 2025, 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 & Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permit. 4. Basins shall drain within 36 hours and calculations to be shown in final drainage report. 5. Power poles must have meet MCDOT Roadway design clear zone distance or provide barrier protection. 6. MCDOT – minimum half-width 40’ ROW preservation along 172nd Street 7. MCDOT – Mitigate turning movement conflicts with water trucks and neighboring residents. d. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction 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. e. The applicant shall apply for any required construction permits for the appropriate occupancy within one (1) year of approval of this Special Use Permit prior to establishing the use and/or occupancy of the existing structures. f. The Special Use Permit is valid for a period of 25 years and shall expire on November 19, 2050, 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. g. All lighting associated within the special use permit area shall be in conformance to the Maricopa County Zoning Ordinance Section 1112. h. All signage associated to the special use permit shall be in conformance with the Maricopa County Zoning Ordinance Section 1401. i. Non-Compliance with any Maricopa regulations will be grounds for possible revocation of this special use permit pursuant to the process set forth in the Maricopa County Zoning Ordinance. j. 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. 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 exiting 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 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. l. All buildings associated with this special use shall be setback a minimum 100’ from the rear yard. (C-44-26-044-X-00)