Vote — approved

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

10.15 Acres. A map or plat depicting such streets is attached. General Vicinity: Olive Avenue and Cotton Lane, lying within Supervisorial District 4, in an unincorporated area. In addition, direct the Clerk of the Board to record the Board of Supervisors’ resolution with the County Recorder. (C-64-26-148-X-00) Motion to approve by Supervisor Debbie Lesko, seconded by Supervisor Steve Gallardo Ayes: Kate Brophy McGee, Debbie Lesko, Mark Stewart, Thomas Galvin, Steve Gallardo

Item Text

10. J & S DUMPSTER SERVICE Case #: SU250039 (Supervisorial District: 4) Applicant and Owner: Morgan Busby, Busby Permits LLC / Stoney & Holly Fred Request: Special Use Permit (SUP) for interim industrial use, storage yard, in the Rural-43 zoning district Site Location: Generally located at the southwest corner of Desert Mirage Rd and 217th Ave. in the Wittmann area Commission Recommendation: On 4/9/26, the Commission voted 8-0 (motion by Commissioner Leigthton D4, seconded by Commissioner Toma D4) to adopt a motion recommending the Board of Supervisors approve SU250039 subject to conditions ‘a’ -‘k’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “J&S Dumpster Service“, consisting of 3 full-size sheets, dated January 2026 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Narrative for SU250039”, consisting of 5 pages, dated February 13, 2026, except as modified by the following conditions. c. This special use permit is valid for a period of 5 years and shall expire on May 6, 2031, or upon abandonment of the use for a period of 90 or more consecutive days, whichever occurs first. d. This SUP will only allow the additional use of the Rural-43 zoned property to park and store refuse bins and trucks associated with the business. The bins must be empty of waste and clean when stored on site. e. Outdoor storage is limited to empty bins only. No compacting or solid waste material is allowed within any bin stored on the property. No cleaning of bins will be allowed on site. All bins will be cleaned prior to re-storage on the lot. f. Per the narrative, the number of bins allowed to be stored/parked on site is 23 or fewer. g. Truck traffic associated with the business is limited to the hours between 6am and 5pm. Business operations will cease on the property at 5pm Monday through Saturday. h. The following Rural-43 SUP standards shall apply: 1. Surface Material: All parking and business storage areas shall be surfaced with minimum of asphalt millings. 2. Lighting: All outdoor lighting shall conform to MCZO, Sec. 1112 and shall be shielded so that light is directed downward below the horizontal plane at bottom of the light source and so that no light trespasses onto adjacent properties. i. The following Planning Engineering conditions shall apply: 1. Agriculturally exempt sites are not exempt from Maricopa County floodplain regulations. The narrative states the majority of the land is being used for the care and training of horses, with improvements such as an arena, barn and multiple horse pens. Any of these features within floodway or floodplain within the Ag Exempt area and use will require permits through Maricopa County Flood Control District (FCD). This is separate from the special use area. You must obtain these permits from FCD prior to the Planning & Development Department issuing any building permits for the new special use area. 2. Basin ponding greater than one foot in depth shall provide methods to percolate runoff within 36 hours. 3. 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. 4. 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. 5. Maricopa County does not supply water, fire or sewer services. It is the applicant/owner’s responsibility to coordinate and secure water, fire and sewer services for this site. 6. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final drainage report must be submitted with the application for Building Permits j. 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. 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, 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-44-26-097-X-00)

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