Z2021127 BOS REPORT_PART1UPDATED.PDF
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November 2, 2022 Z2021127 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: November 2, 2022 (Cont. from July 27, 2022) Case #/Title: Z2021127 – Isfan Residence Supervisor District: 3 Applicant/Owners: Daniel Istrate, Kontexture, LLC / James and Leonard Isfan Request: Special Use Permit (SUP) for home occupation/cottage industry in the Rural-43 Zoning District Site Location: Approximately 630 ft. north of the NEC of Irvine Road and 15th Avenue, in the Phoenix area Site Size: Approximately 1.6 acres County Island Status: N/A Additional Comments: The applicant is requesting a Special Use Permit (SUP) for a granite countertop cutting business identified as Exquisite Stone, LLC in the Rural-43 Zoning District. The property is subject to a code violation for using the site without obtaining entitlement. The owner continues to operate the business in violation of the MCZO without obtaining entitlement. At the Commission hearing, four area residents spoke in opposition to the request citing concerns with the existing industrial use, excessive noise, semi-trucks, forklifts, blocking traffic, horn honking, silica dust exposure, and improvements to the property without permits. One resident indicated that he was there to speak on behalf of an additional 18 residents that were unable to attend the Commission hearing. Staff analysis of the project determined the existing use does not meet the standards of a cottage industry. The use is a very intense industrial use that does not fit in with the rural neighborhood land use patterns. There has been significant public input and opposition to the application. Reviewing County agencies which include Planning, Engineering, and Environmental Services all have objections to the application. Due to the number of delivery trucks, operation of the business, manufacturing, waste disposal, cutting and sawing stone using an on-site generator the use is associated with an November 2, 2022 Z2021127 Page 2 of 3 Industrial zoning district (comparable to an IND-2 zoning), not Rural-43 zoning designation. The Commission staff report outlines 32 bullet point reasons as to why the SUP application should be denied. The existing industrial use is not suitable in the existing Rural zoned community with single family residential housing, the use has resulted in a direct impact to the neighbors and rural community as a nuisance with noise, dust and traffic. The use is an industrial use that should be established within an Industrial zoning district, not within Rural-43 zoning. The use does not protect that character of the rural community and does not promote peace, safety and welfare as defined in the purpose statement of the MCZO. As of the writing of this staff report, there has been no new information or material provided by the applicant for the SUP application. Staff continues to recommend denial of the SUP application and does not support any additional continuances. Code Compliance conducted a site inspection on October 7, 2022 and determined the business operations have ceased at the site, the generator has been removed from the property along with all material. The detached garage has been emptied with some racks and a single forklift. No other vehicles were seen on the property during the inspection. See attached Code Compliance Inspection photographs. Staff has calculated the support and opposition received, and notes that a Super Majority Vote has been triggered. Additional opposition has been received from a property owner within the 300’ boundary, which adjusted the super majority figures. The trigger is when 20% or more of property owners within a 300’ radius of the subject site, by number and area register opposition to the case. The opposition received accounts for 10 property owners with an area of 435,566 sq. ft. The updated super majority calculations for Isfan Residence are as follows: 76% opposed parcel acreage within 300’ buffer 77% opposed parcel numbers within 300’ buffer Commission Recommendation: On 6/16/22, the Commission voted 7-0 to recommend denial of Z2021127. Presented by: Rachel Applegate, Senior Planner November 2, 2022 Z2021127 Page 3 of 3 Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 6/16/22 P&Z Packet (35 pages) 6/16/22 PZ Handout – opposition (7 pages) Opposition received after July BOS hearing (1 page) Updated Super-Majority Map (1 page) Code Compliance Inspection Photographs from 10/7/22 (5 pages) Z2021127 Page 1 of 15 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2021127 – Isfan Residence Hearing Date: June 16, 2022 Supervisor District: 3 Applicant: Daniel Istrate, Kontexture, LLC Owners: James and Leonard Isfan Request: Special Use Permit (SUP) for home occupation/cottage industry in the Rural-43 Zoning District Site Location: Approximately 630 ft. north of the NEC of Irvine Road and 15th Avenue, in the Phoenix area Site Size: Approximately 1.6 acres Density: N/A County Island: No County Plan: Daisy Mountain/New River Area Plan – Rural Densities (0-1 d.u./ac) Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: 32 opposition comments representing 18 parties and 9 properties within 300 ft. of the subject property Recommendation: Denial Z2021127 Page 2 of 15 Project Summary: 1. The applicant, Daniel Istrate of Kontexture, LLC, on behalf of the property owners, James and Leonard Isfan, request a Special Use Permit (SUP) for a granite countertop cutting business identified as Exquisite Stone, LLC in the Rural-43 Zoning District (MCZO Arts. 501.3.2, 501.2.10 and 1301.1.18). The subject property is parcel 211-50-025F, comprising approximately 1.6 acres in the Rural-43 zoning district. According to the current site plan, the subject property comprises an approximately 2,884 sq. ft. single-family residence, approximately 4,000 sq. ft. accessory building, pool, perimeter fencing and pool barrier fencing. The property is subject to a code violation for using the site without obtaining entitlement. 2. The narrative report states the business operation does not include any sales on-site and would utilize the existing buildings for the granite shop with storage of stone on the property. The business has eight employees of which three reside on-site. The business use is intended for storage of natural stone and manufactured quartz slabs, with cutting and polishing on-site if needed. The report states there is ‘slag’ collected during the cutting and polishing via a water filtration system, which is collected in bags and water is recycled. The bags are disposed of in a roll-off container. 3. The report states there is a 6’ CMU wall that surrounds the property that blocks out the noise, dust and storage items. The site plan identifies four standard parking spaces and one ADA space. the narrative report also states there is enough parking on-site without need for overflow on the street or adjacent properties. The report states there are 3 trucks utilized for the business – identified as standard trucks, no commercial/industrial grade vehicles. 4. The report also states occasional deliveries may occur at a maximum of twice a week. The applicant states the delivery trucks are at times pick-up trucks with trailers, sometimes semi-trucks that park in the enclosed backyard with forklifts to unload. They access the facility via 15th Ave. and use a gravel driveway into the site. 5. The facility does not have any signs for the business and there is no lighting. The business operation ends at 4 p.m. The report also states they will begin operating with the SUP as soon as they have approval. 6. Shown below is a timeline for the subject site related to permitting, violation case and SUP application. August 21, 2017 - Building permits B201707761 & B201707776 filed by owner (Wendi Chatwood) for a pool and pool barrier fencing. Final inspection issued on 9/28/17. January 30, 2019 – Building permit B201901057 filed by previous owner (Thomas Trego) for a 50’ x 80’ detached engineered steel building with no utilities. Final inspection issued on 6/17/19. December 2020: Ownership of the parcel conveyed to James Isfan and Leonar Isfan with deed recordation number: 21011352. Z2021127 Page 3 of 15 March 29, 2021 – Complaint received for operation of a commercial business in rural/residential area without entitlement. Case number V202100525 initialized by staff. Code staff was unable to verify the complaint due to two site inspections and closed out the case on 6/15/21. July 9, 2021 – Complaint received for operation of a commercial business in a rural/residential area without entitlement. Case number V202101217 initialized by staff. Inspection by staff occurred on 7/21/21, staff was able to see granite countertops and see business through the screen. May 25, 2021 – Building permit B202107409 filed for 500 gallon above ground propane tank and hook to an existing generator. Permit issued on June 21, 2021. June 3, 2021 – Building permit B202107929 filed for a new 400 AMP electrical service & panel. On 6/4/21 the permit was terminated with notation that the violation case must be satisfied prior to issuance of permit. August 24, 2021 – A pre-application meeting held with Leonar Isfan on the Special Use Permit application process – PA2021163. October 12, 2021 – Special Use Permit application filed, subject application Z2021127 for the home business for granite shop on a residential property. November 16, 2021 – Technical Advisory Committee meeting held with the applicant to provide 1st review comments. March 3, 2022: 2nd submittal made on the SUP application. April 14, 2022 – Civil Hearing held on the violation case. April 19, 2022 – The Hearing Officer found James/Leonard Isfan (respondents) responsible and ordered a non-compliance fine of $100 and a daily non-compliance fine of $100. The order indicated the respondents must obtain final approval for the zoning entitlement on or before August 17, 2022. If final approval from the County has not been obtained on or before August 17, 2022, the daily non-compliance fine shall begin to accrue August 18, 2022 and will continue to accrue until either 1) the County has issued final approval for the zoning entitlement or 2) the commercial use ceases. April 28, 2022: 3rd submittal on the SUP application. Z2021127 Page 4 of 15 Rural-43 Zoning Subject and Surrounding Properties 2022 Aerial Photograph of Subject and Surrounding Properties Z2021127 Page 5 of 15 Excerpt of Proposed Site Plan Z2021127 Page 6 of 15 2022 Aerial photograph of subject site, flown date not provided. Source: Assessor GIS Parcel Viewer. Z2021127 Page 7 of 15 Aerial view of subject site, north is to the left. Looking along west side of the parcel. Image dated October 2020 – November 2020 (prior to Isfan owning the parcel). Aerial view of subject site, north is to the left. Looking along west side of the parcel. Image dated October 2021 – December 2021 (ownership under Isfan). Z2021127 Page 8 of 15 Existing On-Site and Adjacent Zoning / Land Use: 7. On-site: Rural-43 / Single-family Residential & industrial uses without entitlement North: Rural-43 / Single-family Residential South: Rural-43 / Single-family Residential East: Rural-43 / Single-family Residential West: 15th Avenue, then Rural-43 / Single-family Residential Utilities and Services: 8. Water: Private well Wastewater: Not identified School District: Deer Valley Unified School District #97 Fire: Daisy Mountain Fire & Medical Police: MCSO Right-of-Way: 9. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification 15th Avenue 30-ft (on west side of center line) 20-ft per site plan, per MCZO requires 40’ half-width of dedication unless waived or reduced right-of-way by MCDOT. Local Road -Mid- section alignment Irvine Road 30-ft (on north and south sides) N/A Local Road Mid- section alignment Adopted Plan: 10. Daisy Mountain/New River Area Plan (adopted November 20, 2019): The subject property is identified for single-family rural densities (0-1 d.u./ac.), which this Area Plan states is to promote “low-density single-family homes at or below one home per acre where the natural environment may determine a home’s location and access to avoid disruption of natural washes and steeper slopes. The designation also recognizes that public water and sewer services may not be available, and access to law enforcement, fire protection, schools, and parks may be limited” (page 33). Furthermore, the designation is for “Protecting the rural lifestyle and character of the Planning Area is important to the area community. During public outreach meetings, residents expressed particular concern regarding lot splits, development of new subdivisions, and annexation by adjoining cities which are viewed as a threat to their rural lifestyle and limited water supplies. Managing growth in an efficient manner is a joint responsibility between Maricopa County and the property owners in the Planning Area. The goal of the Land Use Element of the Area Plan is to reflect the input of the residents and document the Z2021127 Page 9 of 15 goals and policies that will guide future land use decisions in the Planning Area” (page 34). Staff believes this request is not consistent with this plan because the use is too intense for the area and creates too many externalities, such as frequent large truck traffic and noise, to satisfy these Area Plan goals. Furthermore, many residents within 300 ft. of the subject property have submitted apposition to the SUP request. Thus, staff finds approval of the SUP would be counter to the written input (opposition comments) of area residents. Public Participation Summary: 11. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the site and notification by first class mail to adjacent property owners within 300’ of the subject parcel, and to other interested parties. Staff suggested the applicant hold a public meeting to address opposition comments and neighbor concerns as part of the first round, Technical Advisory Committee (TAC) Planning comments; however, staff is aware of no public meeting having occurred to date. The results report states notification letters were mailed on 1/5/22, and the report summarized the main concerns raised by the neighbors addressing noise, traffic and dust. The applicant indicates they have addressed dust by placing a water cutting system with filtration to mitigate the dust by inhibiting the dust as soon as it is formed. The slag collected during cutting and polishing is collected in bags and water is recycled and bags are disposed of in a roll-off container collected by Right Away Disposal. The report also states the 6’ high CMU wall blocks the noise and dust and stored items. The report states deliveries occur twice a week. The report does not address any additional mitigation efforts to address the neighbors’ concerns. 12. Staff is in receipt of 32 opposition comments representing 18 parties and 9 of those properties located within 300 ft. of the subject property, thus a super majority vote by the Board of Supervisors has been triggered with this application. The opposition comments identify the following: • Excessive noise, humming and vibration associated with a generator and material handling activities. • Frequent semi-truck traffic including horn honking, reverse gear alarms and backing into 15th Avenue from the subject property. • Silica dust exposure to workers and neighbors. • Excessive water use. • Noise from scrap material being dropped into dumpster. • Possible occupation of an RV on the property. • The neighbors indicate the wall has been increased to a heigh of 8’ with blacktop pavement without permits. • The granite materials are unloaded by use of a crane/forklifts. • Public safety is concern related to trucks entering and existing the facility. • Traffic is blocked when semi-trucks are backing into the facility. • 15th Ave. is not designated for this type of heavy industrial traffic. • There are school age children that have to walk across the street which puts them at risk. • There is excessive smell related to the load/unloading of materials from the diesel trucks with the engines running. • The diesel generator runs 8 – 9 hours a day emits fumes and there are additional chemicals utilized. Z2021127 Page 10 of 15 • Foam sheets are used to protect the stones, which usually gets blown by the wind and end up in adjacent neighbor yards. 13. The neighbors state the subject property is on a shared well, not City of Phoenix water service, thus there have been discrepancies with utility services referenced on the application documents. The facility is using the shared well and the use is in violation of the well water and all of the homeowners using the well water need to be in agreement for an owner to use the water for other uses beyond personal residence use. A response from the well manager indicates the owner has never obtain authorization for the use with the Declaration of Water Rights and Joint Well Agreement, they need to find a different source of water beyond the residential use of the well water with potential for a lawsuit to be filed. Concerns raised on the potential pollution impacts to ground water, the application does address septic or sewer service and general dissatisfaction with the intensity of the business activities in this low density, rural/residential area. All opposition documents and photographs submitted by neighbors are attached with the staff report. 14. The New River Desert Hills Community Association issued a letter stating the increase in heavy commercial truck traffic, noise from the industrial generator, stone cutting, and dust exceeds the standards of the Rural-43 zoning and request the Board of Supervisors to deny the application. The NRDHCA evaluated the proposal, visited the site and talked with surrounding residents and made a decision that this proposal would have serious negative effects on the surrounding neighborhood. Outstanding Concerns from Reviewing Agencies: 15. Planning Engineering has issued objection to the SUP application. The applicant has not submitted the requirement for a grading/drainage plan with all three submittals of the SUP application. The comments indicate the need to show all new disturbance with parking and improvements that exceed 1,500 sq. ft. an engineered plan is required. Stormwater retention for the 100-year, 2-hour storm event is required along with documentation that retention basins would drain within 36 hours. 16. Maricopa County Environmental Services Department (MCESD) has issued an objection to the SUP application. Staff analysis references the discrepancy by the applicant stating water service to be provided by the City of Phoenix and sewer by an unknown provider. MCESD has stated that a minor plan review for the septic system must be obtained prior to approval of the SUP application. 17. In an e-mail from Dave Nielsen, Assistant Chief with Daisy Mountain Fire, they have not received any contact from Exquisite Stone for fire coverage and requirement for permit. An operation permit and Fire Life Safety inspection would be required with approval of a Special Use Permit. Staff Analysis: 18. The existing business operation on-site does not meet the home occupation Rural-43 zoning district standards. The request is to obtain entitlement with a SUP application with the following regulations. These standards are not fully addressed with the application, thus staff cannot confirm how intense the uses are on-site. Z2021127 Page 11 of 15 1301.1.18. Home occupations, cottage industry that do not meet the conditions of Article 501.2.10 in Rural Zoning Districts or that do not meet the conditions of Article 601.2.8 in Single-Family Zoning Districts provided the entrepreneur shall reside in the dwelling on the property in which the business operates. 1. The recommendation of the Commission may consist of additional reasonable requirements including but not limited to the following: a. The number of non-resident employees, clients, customers or students visiting the site. b. The hours of operation. c. Deliveries to the site. d. The types of materials used in the business. e. The types and amounts of materials, products and services sold by the business. f. The types and amounts of materials manufactured by the business. g. The types, amounts and locations of materials stored for use by the business. h. The types and sizes of vehicles used in the business. i. Parking requirements. j. Screening. k. Landscaping. l. Signs. m. Paved access. n. Lighting. 19. Essentially, this appears to be a very intense industrial use that does not fit within the low intensity, rural neighborhood land use patterns. The owner continues to operate the business in violation of the MCZO without obtaining entitlement. There has been significant neighborhood opposition with the existing illegal use on the subject site and the owner has made no attempt to work with the neighbors or to cease/desist operation of the business until determination is made on the SUP. The existing use is too intense for a cottage industry, the category for cottage industry is limited in nature that would allow commercial uses that mirror the existing rural zoning and development of the community. The use with the number and size of delivery trucks, manufacturing, water/wastewater, trash disposal, cutting, sawing of stone using a generator on site is too excessive for a SUP application. Staff does not support this application due to non-compliance with the Z2021127 Page 12 of 15 MCZO Regulations. There are discrepancies with the site plan and the narrative report in regard to the operation of the business. The applicant has not obtained sign off from any of the County agencies with the request. Due to on-going illegal use, no sign-off obtained, non-compliance with the Hearing Officer’s Order of Judgement, and extensive neighborhood opposition, staff does not support this application. 20. The narrative report does not address the Chapter 13 cottage industry standards for staff to provide the Commission additional information related to standards. These include entrepreneur that resides on site, number of deliveries per week (time of deliveries), how many projects are worked on per day/week, hours of operation, waste disposal, water and wastewater service, trash, debris, chemical materials uses, excessive waste, roll-off dumpster removal and storage of materials. Staff also notes there are discrepancies with the site plan that shows a 6’ CMU wall, the neighbors have indicated the wall has been increased to 8’, utilization of wood pallets to screen the southwestern region of the site, expansion of the existing steel building, shipping container, RV and on-site paving work without permits. 21. The applicant has not requested any Rural-43 zoning district development standard modifications. If the SUP were to be approved, the owner would need to obtain permits for the on-site paving, need for retention basin (not shown on the site plan), removal of the existing walls within the SVT’s at the driveway, paving for parking and ADA space, permit for expansion of the existing steel building, and permit for the conex (not shown on site plan). The site plan shows 20’ dedication for 15th Ave, which is a mid-section alignment that does not comply with MCZO – Chapter 11 General Regulations. The site plan does not account for the 40’ right-of-way, the site plan and existing CMU walls constructed without permit would need to be re-constructed to meet setbacks. The CMU walls are currently shown within the 20’ side-yard setback along the western boundary and would require shifting the 25’ x 25’ sight visibility triangles. 1105.1.4 Collector Street & Mid-Section Line Roads: 40 feet from and on both sides of the centerline of all existing and proposed collector streets and mid- section line roads. A request to reduce this standard has not been addressed with this application and an application for Right-of-Way reduction has not been filed with MCDOT. 22. The Arizona Registrar of Contractors has two license numbers associated with Exquisite Stone, LLC – which list the physical address of the subject parcel – 38807 N. 15th Ave. The website for the business is listed as a separate address of 22405 N. 23rd Ave. Shown on the next page is Google street view of the address for Exquisite Stone in the A-1 zoning district (Light Industrial zoning) of the City of Phoenix. The City of Phoenix for A-1 zoning states the industrial uses are designed to serve the needs of the community for industrial activity not offensive to nearby commercial and residential uses. A 2022 aerial image of the subject site is also shown on the next page. Z2021127 Page 13 of 15 23. The Maricopa County Zoning Ordinance Section 104 Purpose states the following: Zoning Ordinance is designed to promote the public health, peace, safety, comfort, convenience and general welfare of the citizens of Maricopa County; to guide, control and regulate the future growth and development in order to promote orderly and appropriate use of land in the entire unincorporated area of said county; to protect the character and the stability of residential, business and industrial areas of Maricopa County. Z2021127 Page 14 of 15 The Maricopa County Zoning Ordinance Section 1503 Violation states the following: Article 1502.2 – It shall be unlawful to erect, construct, reconstruct, alter or use any land within a zoning district in violation of any regulation or any provision of any Ordinance pertaining thereto. Article 1502.3 – Any such violation shall constitute a public nuisance. 24. Shown below is summarized list as to reasons why the project should be denied: • Reviewing County agencies which include Planning, Engineering and Environmental Services all have objections to this application. • This appears to be a commercial/industrial use framed as a Home Occupation in a low density rural/residential area. • The owner continues to operate the business in violation of the MCZO without obtaining entitlement. • The owner has made no attempt to work with the neighbors to cease/desist operation of the business until determination is made on the SUP. • The use is too intense for a cottage industry. • Due to the number of delivery trucks, operation of the business, manufacturing, waste disposal, cutting and sawing stone using an on-site generator the use is associated with an Industrial zoning district (comparable to an IND-2 zoning), not Rural-43 zoning designation. • The MCZO defines Rural-43 to conserve and protect farms and other open land uses, foster orderly growth in rural areas, prevent urban and agricultural land use conflicts, and encourage sustainable development. • Staff is not able to confirm the owner resides on-site with the cottage industry request. • Unclear on the number of deliveries per week and times for deliveries, number of projects being worked on per day/week. • The hours of operation and days of operation are not identified. • Waste disposal and water filtration system is not clearly addressed. • No discussion on chemicals and materials being used on site. • Excess waste and roll-off dumpster how many times is this cleared from the property. • Additional on-site improvements without obtaining permitting. Increase to CMU walls, wooden pallets to screen southern region of site. • RV on-site, application does not address if there is someone residing on-site. • Additional right-of-way dedication would be required along 15th Ave. The site plan does not account for future MCDOT right-of-way for the mid-section alignment. • Arizona Registrar of Contractors identify two licenses with physical address of the subject site. • Staff finds the intensity of the business activities are incompatible with the existing land use patterns even if the generator is replaced with a higher amperage electrical service panel. • The existing use is industrial and nature and does not meet the SUP standards for a business that is compatible in the Rural-43 zoning district. • The application is also deficient in grading/drainage plans, retention and existing water/wastewater services. Z2021127 Page 15 of 15 • Public opposition to the request due to the on-going granite shop operations and excessive noise and impacts to the residents. • Opposition from the New River Desert Hills Community Association. • The narrative and site plan discrepancies with the explaining the business operation and identifying structures on-site. • Potential for water use not established with the well water agreement with the neighbors. • Discrepancies with utility services for water and wastewater. • Grading/drainage plan not submitted with the three applications for Planning Engineering review. Aerial imagery of the site shows disturbance exceed 1,500 sq. ft. that requires engineered plans for review that identify parking, driveways, and retention basins. • Daisy Mountain Fire has not received any contact for fire coverage and permitting. • Mid-section alignment would require 40’ half-width dedication, site plan does not account for future right-of-way. • Staff not able to confirm existing uses with the regulations of MCZO Chapter 13 1301.1.18. • Non-compliance with MCZO Article 1502.2, unlawful use land within the Rural-43 zoning district. • The existing industrial use is not suitable in the existing Rural zoned community with single family residential housing, the use has resulted in a direct impact to the neighbors and rural community as a nuisance with noise, dust and traffic. The use is an industrial use that should be established within an Industrial zoning district, not within Rural-43 zoning. • The use does not protect that character of the rural community and does not promote peace, safety and welfare as defined in the purpose statement of the MCZO. Recommendation: 25. For the reasons outlined in this report, staff recommends the Commission adopt a motion that the Board of Supervisors deny Z2021127. 26. If the Commission considers a motion for approval, then the Commission would need to formulate conditions, staff is unable to offer such conditions because no reviewing agency has signed off on the proposal. Presented by: Rachel Applegate, Senior Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (4 pages) MCESD comments (1 page) Engineering comments (2 pages) Daisy Mountain Fire (5 pages) NRDHCA (1 page) Opposition (83 pages) V202101217 Judgment (2 pages) Registrar of Contractors Business License detail (4 pages) Opposition Map (1 page) APN 211-50-025F RU-43 EXISTING BUILDING EXISTING BUILDING APN 211-50-027K PENDING APN 211-50-025G RU-43 POOL 330' 330' 210' 210' 101 20'-0" R.O.W. 101 103 101 101 105 105 105 106 104 106 107 102 102 110 100 104 108 108 108 108 109 APN 211-50-025B RU-43 APN 211-50-025A RU-43 N 15TH AVE 5 12'-0" 18'-0" TYP. 9'-6" TYP. 111 112 5'-0" 20'-0" R.O.W. 40'-0" 20'-0" INGRESS/EGRESS EASEMENT 113 113 113 114 20'-0" SETBACK 40'-0" SETBACK 40'-0" SETBACK 30'-0" SETBACK 115 115 17'-11 1/2" 35'-6 1/2" 54'-7" 202'-8 1/2" 4,000 SQ. FT. 49'-8 1/2" 78'-11 1/2" 64'-0 1/2" 66'-2 5/8" 142'-1 3/8" 114'-8 1/8" 50'-11 7/8" 35'-0 1/8" 2,884 SQ. FT. 15'-0" 17'-0" 115 116 1 A0.0 20'-0" INGRESS/EGRESS EASEMENT 2 A0.0 101 17'-0" 17'-0" 16'-0" 17'-0" 20'-0" SETBACK 2 11'-6" 17'-6" 14'-5" 11'-0" 60'-0" 11'-6" 117 45'-0" 52'-5 1/4" +/- 180' WELL PROJECT INFO AND SITE DATA VICINITY MAP: SCALE: NTS N PROJECT LOCATION KEYNOTES: ADOPTED CODES: 2012 INTERNATIONAL BUILDING CODE 2012 INTERNATIONAL RESIDENTIAL CODE 2012 INTERNATIONAL FIRE CODE 2012 INTERNATIONAL MECHANICAL CODE 2012 INTERNATIONAL PLUMBING CODE 2012 INTERNATIONAL FUEL AND GAS CODE 2012 INTERNATIONAL ENERGY CONSERVATION CODE 2011 NATIONAL ELECTRICAL CODE 100 EXISTING BUILDING 101 EXISTING 6'-0" CMU FENCE 102 EXISTING LANDSCAPE AREA 103 EXISTING WOOD FENCE 104 RELOCATED GATE 105 EXISTING WROUGHT IRON FENCE 106 EXISTING CONCRETE DRIVEWAY 107 EXISTING GRAVEL DRIVEWAY 108 PROPERTY LINE 109 RIGHT OF WAY 110 EXISTING BUILDING. GRANITE SHOP. 111 9'-6" X 18'-0" STANDARD PARKING. 112 12'-0" X 18'-0" ADA ACCESSIBLE PARKING. 113 25 FT. SIGHT VISIBILITY TRIANGLE. 114 OUTDOOR STORAGE. 115 EXTERIOR LIGHTING (FULLY SHIELDED). PER MCZO SECTION 1112. 116 RELOCATED ADDRESS NUMBERS SIGN. 117 EXISTING SEPTIC TANK. PERMIT 000848. SHEET INDEX: A0.0 SITE PLAN PROJECT DESCRIPTION: SPECIAL USE PERMIT FOR A GRANITE SHOP. LOT SIZE: 69,300 SF LIVABLE: 1,739 SF LOT COVERAGE: 6,809/69,300 = 9.83% PROJECT DATA: ZONING: RU-43 APN: 211-50-025F LOT: - MCR: - STR: 30 6N 3E SUBDIVISION: - PUC: 0143 SCHOOL DISTRICT: DEER VALLEY UNIFIED SCHOOL DISTRICT #97 PROJECT ADDRESS: 38807 N 15TH AVE PHOENIX, ARIZONA 85086 PARKING CALCULATION: 1 PER 600 SQ. FT. OF INDUSTRIAL/WHOLESALE: 50X80=4,000/600: REQUIRED: 6 STANDARD PARKING SPACES 1 ADA ACCESSIBLE PARKING SPACE PROVIDED: 6 STANDARD PARKING SPACES 1 ADA ACCESSIBLE PARKING SPACE LEGAL DESCRIPTION: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. EXCEPT THE EAST 450 FEET THEREOF; EXCEPT ALL MINERALS AND ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED IN PATENT FROM UNITED STATES OF AMERICA. SITE PLAN 1 A0.0 SCALE: 1" = 20'-0" N WATER: WELL WASTEWATER DISPOSAL: SEPTIC TANK POLICE PROTECTION: MARICOPA COUNTY SHERIFF'S DEPARTMENT ELECTRIC: APS TELEPHONE: COX FIRE: DAISY MOUNTAIN FIRE 3 8 8 0 7 3'-0" 1'-6" GABION CAGE SIGN 1 SCALE: N.T.S. UTILITIES: SIGN DETAIL: BLOCK FENCE DETAIL: FENCE 2 SCALE: N.T.S. 8" 10" 1'-6" 1'-6" 2" 2# CONT. IN FOOTING FINISH GRADE SOLID GROUT BELOW GRADE 1'-4" #9 GAUGE HORZ. LADDER REINF. CONT AT EVERY OTHER COURSE #4 CONT. IN 8"DP SOLID GROUTED BOND BEAM #5 DOWELS @ 48" O.C. NOTE: ALL CELLS CONTAINING VERT. REINFORCING SHALL BE GROUTED CONSTRUCTION JOINT IN WALL NOT TO EXCEED 24" ELEVATION SECTION #9 GAUGE HORZ. LADDER REINF. CONT AT EVERY OTHER COURSE FOOTING CONSTRUCTION JOINT NOT TO EXCEED 48" O.C. W/1/2" PREMOLDED ASPHALT BOARD W/2-#3X16" DOWELS 6'-0" DRAWING NUMBER PROJECT NUMBER SCALE DRAWING TITLE SEALS AND SIGNATURES ISSUED FOR REV DATE ISFAN RESIDENCE 38807 N 15TH AVE PHOENIX, ARIZONA 85086 3334 N. 20th STREET PHOENIX, AZ, 85016 602.875.6221 21-117 OWNERSHIP OF DOCUMENTS CHECKED BY DRAWN BY D.I. C.K. DATE 09.29.2021 Z2021127 SITE PLAN A0.0 R E G I S T E R E D A R C H I T E C T C E R T I F I C A T E N O . A R I ZO N A , U . S . A . 53898 DANIEL ISTRATE D a t e S i n e d ... .. . . . . .. . . . . EXPIRES 12-31-2024 03-03-2022 Narrative Report for Exquisite Stone, LLC 38807 N. 15th Avenue, Phoenix AZ 85086 NE of W Irvine Road and 15th Avenue, Phoenix Case Number: Z2021127 Application Request: Special Use Permit to operate Granite Shop on Residential Lot 1st Submittal: October 5th, 2021 2nd Submittal: March 2nd, 2022 3rd Submittal April 26th, 2022 Purpose of Request The purpose of this application is to obtain a Special Use Permit to operate a Granite Shop on this residential property. Description of Proposal The proposed project is one of the existing buildings on a residential lot to use as a business, more specifically a granite shop. There is enough parking space on site without needing for overflow on the street or adjacent properties. This proposed project and business is intended as storage for natural stone and manufactured quartz slabs. Those slabs could be cut and polished on-site if need be. The “slag”, as named in our comment letter, is collected during the cutting and polishing system through the water filtration system, in which is then collected in bags and the water is then recycled. The bags are disposed of in a roll-off container which is collected by Right Away Disposal. No sales occur on site. The stone is stored outside in the enclosed yard. The business uses 2 Dodge Rams and 1 Chevrolet Silverado. Occasional deliveries may occur, at the most twice a week. When that happens, the delivery trucks, sometimes pick-up trucks with trailers, sometimes semi-trucks, park in the enclosed backyard and they need a forklift to unload, as needed. They come through the public road, on 15th Avenue, that has no interdictions against trucks. The business has 8 employees, three of them that reside on the property. Out of the eight employees, only 1 of them is not part of the family. This is very much a family business. There is a 6’ block fence surrounding the property which blocks out most of the noise and dust and any stored items. The public road is paved and access to the property is done through a gravel driveway. There are no signs of the business posted and no excessive lighting. There is no business conducted after 4 pm. The water filtration system is what mitigates the dust. The water inhibits the dust as soon as it forms. Again, there is no public that is received here, as there are no sales conducted at this location. Surrounding Properties: There are single family residential lots surrounding the property. All lots are zoned RU- 43. Location and Accessibility The location of the site is east of 15th Avenue with direct access form 15th Avenue, North of W Irvine Road. Circulation System Access to the property off of 15th Avenue directly. Development Schedule We will begin operating with the SUP as soon as we have approval. Community Facilities and Services The school district is Deer Valley Unified School District. The nearest school would be Diamond Canyon School or Desert Mountain School. And the nearest park would be Liberty Bell Park. Public Utilities and Services Power is supplied by APS. Water Services are supplied by private well. Development Standards Regulation Base Zoning District Regulations (RU-43) Proposed Zoning District Regulations (RU-43) Height 30’ 30’ Front Yard 40’ 40’ Side Yard 30’ 30’ Rear Yard 40’ 40’ Lot Area 1 ac. 1 ac. Lot Width Min. 145 ‘ 145’ Lot Coverage 25% 25% Subdivision Infrastructure & Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-1058 Fax: (602) 506-5813 TDD 602 506 6704 Maricopa County Environmental Services Department Water and Waste Management Division DATE: October 19, 2021 TO : Sean Watkins, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Request for a SUP to allow for a home business. Z2021127 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a Request for a SUP to allow for a home business. Granite shop on a residential property at APN # 211-50-025F. Water and sewer services will be provided by City of Phoenix and unknown provider. MCESD has concerns, minor plan review for the septic system must be obtained prior to the Z2021127 be approved if no construction permit is required. Based on the above, MCESD raised objections to the Planning & Development Department in Accela Automation on October 19, 2021. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. Jeri Loucks, P.E.C.F.M. Planning & Development 501 North 44th Street, Suite 200 Phoenix, Arizona 85008 Phone: (602) 506-6332 Fax: (602) 506-3282 www.maricopa.gov/planning Email address: Jeri.Loucks@maricopa.gov Maricopa County Planning & Development Department Date: 05/10/2022 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Development Attn: Rachel Applegate, Planner, Planning & Development Services From: Jeri Loucks, P.E.C.F.M., Plans Examiner Engineer (Drainage), Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2021127 – Special Use Permit (SUP) – Granite Shop (E3 Memo) Job Site Address: 38807 N 15th Ave Phoenix, Az 85086 APN(s): 211-50-025F P&D Engineering Review has reviewed the plans and report submittal date stamped 04/28/2022 for the subject application and has the following objections: 1. PREVIOUS COMMENT STILL REQUIRED: Per PA2021163, show all new disturbance (i.e. parking area and/or any other improvements). If new site disturbance will exceed 1,500 ft2, an engineered grading and drainage plan will be required. Storm water retention for the 100 year, 2 hour storm event for the disturbed area will be required. Provide documentation that the retention basin(s) will drain within 36 hours. (MCZO 1205.7.2 and 7.6-2.a & c) Clarification: The new areas of the SUP are more than 1500-sf. Provide Engineered Grading and Drainage Plans. Provide on-site retention for the SUP’s disturbed area. Any approval of this case should include the following standard stipulations: 2. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 3. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. Following are stipulations from the Maricopa County Department of Transportation: 1. Parking must be configured so that vehicles do not back out onto 15th Avenue. 2. Parking, storage of materials and storm water retention is prohibited in the R/W or roadway easement. Please contact me if you have any questions or require any additional information. From: Dave Nielsen To: Rachel Applegate (PND) Subject: FW: Z2021127 - 3rd Submittal - Isfan Residence Date: Thursday, April 28, 2022 1:25:46 PM Attachments: image001.png image002.png Submittal Plan Review Info 2018.pdf Submittal application for Permit dmfd.pdf Hello Rachel, Daisy Mountain will require a operational permit for this business and I have attached the information for submittals. Respectfully, Dave Nielsen Assistant Chief - Fire Prev. DaisyMountainFire.org 623-465-7400 x119 From: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Sent: Thursday, April 28, 2022 11:17 AM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Cc: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>; denisa.istrate@kontexture.com Subject: Z2021127 - 3rd Submittal - Isfan Residence Reviewing Agencies, Attached with this e-mail includes the 3rd submittal for Isfan Residence – Z2021127 This e-mail provides notification of routing, please note a Technical Advisory Committee Meeting has not been scheduled, please submit review comments/recommendations as soon as possible. CC: Rachel Applegate Denisa Istrate, Kontexture (applicant) BCC: Areas of Interest Thank you, Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here. PLAN / PERMIT APPLICATION Application: Application for a permit required by this code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official. Types of permits: There shall be two types of permits as follows: 1. Construction permits. A construction permit allows the applicant to install, build or modify systems and equipment. 2. Operational permit. An operational permit allows the applicant to conduct an operation or a business. Time limitation of application: Permit period for any proposed work shall be six months after the date of filing. Posting permits. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. PROJECT INFORMATION: Street Address: Nearest Cross Street: City: State: Site Name: OWNER INFORMATION: Name: Contact Person: Address: City: State: Zip: Telephone: ( ____ ) ________ - ___________ APPLICANT INFORMATION: Company: Address: City: State: Zip: Contact: Email: Telephone: ( ____ ) ________ - ___________ Fax: ( ____ ) ________ - ___________ Date Submitted: ___ / ___ / ___ TYPE OF PERMIT: (Indicate one) New Construction / Tenant Improvements: Building Plans Review : Fire Alarm System : Fire Sprinkler: Other: ___________________________ Operational Permit: Assembly Occupancy : Carnival/Fair Exhibit/Trade Show : Care Home/Assisted Living : Pyrotechnic Show/Fireworks Sale-Display : Temporary – Membrane/Tents/Canopy: Special Hazards/Operations : Other : _________________________ Notes or Description of the Construction or Operations: __________________________________________________________________________________________________ Deliver the plans to the DMFD Administration office at 41018 N Daisy Mountain Dr. Anthem Az 85086 DMFD STAFF USE ONLY: Application Review by: ______________________________ Date Received: ______________ Reviewed by: __________________________ Date approved: _______________ Permit / Review #: ___________________ Copy submitted to Accounting Department: NO – There are no fees at this time. YES – Fee information is attached. ACCOUNTING: Received by: ___________________________ Invoice Date: _________________ Invoice #: ____________________ NOTIFICATION: Date Applicant Notified: __________________________ By: ___________________________________ PERMIT ISSUED: Picked up by: _________________________________ Phone #: ____________________________ Date:______________ PAYMENT: $ ________________ Cash Check - # ______________ Comments: ________________________________________ Dave Nielsen Deputy Chief Fire Prevention Fire.Marshal@DMFD.org Daisy Mountain Fire District 41018 N Daisy Mountain Drive Anthem Az. 85086 Phone: (623) 465-7400 Fax: (623) 465-7632 INSTRUCTIONS FOR “APPLICATION FOR PERMIT” APPLICANT: Please fill out all information. DATE: The date this application is submitted to DMFD. TYPE of PERMIT: Please check the appropriate box as to the type of permit or review you are requesting. CONSTRUCTION PERMITS: are for the installation, removal, remodel, upgrade or changes to fire protection equipment. OPERATIONAL PERMITS are for events, or operations, NOT related to the installation or remodel, upgrade or changes to fire protection equipment. DESCRIPTION: Please provide a short narrative for this project, (samples) “Installation of fire sprinklers in a new building.”, or “replacement of a fire alarm system in an existing office building” or “installation of new lpg storage tank" PROJECT INFORMATION: Please provide all information regarding the location and name of this project. Please provide as accurate an address as you can. OWNER INFORMATION: Please provide all information as to who is the OWNER of this site. APPLICATION INFORMATION: Please provide all information indicating who is APPLYING for this plan review and/or subsequent permit. This applicant will be the RESPONSIBLE PARTY FOR THIS PERMIT. DMFD will notify this individual when the review is complete and an invoice is generated. Please provide the contact information to facilitate the notification of plan review/permit approval or questions that may arise during the process. Plan reviews and subsequent approvals will be completed as quickly as possible. The applicant will be notified at the time of approval, but not more than 60-days from the time the application is submitted. A.R.S.§ 41-2163.C. Applicant will be notified at that time of amount due. Payment is due upon release of permit. Fire Prevention Fire Marshal Contact Information: fire.marshal@dmfd.org Dave Nielsen (623) 465-7400 Plan Review Requirements All plans and specifications for new commercial construction, remodeling, and alterations or Operational Permits within the Daisy Mountain Fire District (DMFD) shall be submitted to the Department for review and approval prior to any construction or operations. The plans will be reviewed with the approval and recommendations forwarded to the County Planning and Development department. Plans shall comply with the 2012 I.F.C. with DMFD revisions. Submittal information shall include, but is not limited to the following: 1. A copy of the County Building Permit. 2. One copy of the approved drawings including site plan, civils, architectural, structural, mechanical and electrical. 3. Submittal of plans for the fire protection systems which require Engineering or N.I.C.E.T. approval. 4. Water supply and fire flow requirements for the building and Fire Protection Systems required. 5. Three drawings and one spec sheet submited. Electronic submittal may be acceptable depending on format. 6. A single 8.5" x 11" drawing of each buildings fire escape plan showing occupant load, use of each room and exit routes. 7. Show the location of the main fire alarm control panel, fire sprinkler riser room, F.D.C. and Knox lock box. To request a plan review to obtain a Permit for building fire code safety, fire hydrants, fire sprinklers, fire alarms... Go to the fire prevention link at www.DaisyMountainFire.org or visit the Daisy Mountain Fire Administration Office Deliver the plans to the DMFD Administration office at 41018 N. Daisy Mountain Drive, Anthem, Az. 85086 Monday - Thursday 8a.m. - 5p.m. 623-465-7400 Daisy Mountain Fire Prevention New River/Desert Hills Community Association, Inc. PO Box 75068 New River, AZ 85087-1000 Phone: (602) 739-1235 Website: www.nrdhca.com https://www.facebook.com/NRDHCA/ President email: Etaylor@estentinc.com Exquisite Stone Isfan, James 38816 N 15th Ave, 211-50-025F, Case #Z2021127, V202101217 Board Members, The NR/DHCA is an all-volunteer community organization that has been representing residents in the north valley since 1985. This area includes the unincorporated portion of Maricopa County roughly from Dove Valley Road (Phoenix) to the county northern border and from 24th Street (Cave Creek) to 43th Avenue (Phoenix). Our mission is dedicated to the preservation of our community and its rural lifestyle. The NR/DHCA board and association members have researched this case by studying the proposal, and talking with various county officials. Residents at our community meeting, expressed comments and concerns that were overwhelmingly against the location, access, and appearance of the property. While NR/DHCA supports responsible growth and development, our research indicates the rezoning of these parcels will have serious negative effects on the surrounding neighborhoods. We have discussed this item in open meetings, made personal visits to the site, and talked to surrounding residents. The Board feels that the increase in heavy commercial truck traffic, noise from the industrial generator and stone cutting, and dust exceed the current R-43 zoning. It is our opinion that the use of the property might suggest a commercial zoning area. Therefore we would ask that the board deny the application. Thank you, Edward Taylor, President New River / Desert Hills Community Association From: Aaron Hancock To: Sean Watkins (PND) Subject: SUP case Z2021127 Date: Tuesday, January 11, 2022 6:29:10 PM Dear Sean, I received project planning letter for the Isfan Residence. This is in reference to SUP case Z2021127 My address is: Aaron Hancock 38703 N. 14th Ave Phoenix, AZ 85086 I would like to vote against this granite shop doing business in our residential area. It is loud and disrupts our peace that we all cherish in this area. The noise is all day long of non-stop humming and makes the air vibrate at some points. I would like the neighborhood to stay how it was when made this area our home. It is only a residential area and I vote it to stay that way. Please use this as my formal response that I am NOT in favor of this business operating here next to our homes. -Aaron Hancock From: Charles Filipek To: Sean Watkins (PND) Subject: SUP Z2021127 - V20210127 Date: Monday, January 17, 2022 10:07:01 AM To whom it may concern, My name is Charles Filipek. I am a veteran and a registered voter who resides at 38816 N 15th Ave, Desert Hills Arizona 85086. The purpose of this letter is to state my opposition to SUP Z20211127. My residence is directly west of the Company known as Exquisite Stone LLC located at 38807 N 15th Ave, formerly 22405 N 23rd Ave, Phoenix Az 85027. The Special Use Permit is requesting a Commercial, Industrial Manufacturing Plant /Shop on currently a residential lot. This quiet residential neighborhood has recently witnessed the creation of the new location for the granite shop. Wall construction over 8 feet has been constructed as well as blacktop pavement for employee parking, delivery of granite materials, storage of granite materials and allowance of heavy duty semi- tractor trailer entry . Granite materials are unloaded by use of crane/forklifts. The granite is then cut into customer specifications which takes place on the property, which uses the manufacture presence of over 25% of the residential lot, and the cutting process results in extreme noise. The violation of Rural Zoning Districts is as follows. Please keep in mind that this is all taking place, without permission or approval, with the noise and truck access fostering our concerns. Also please understand that this is occurring in the middle of a residential neighborhood. The following violations are not in compliance, and I object to the flagrant disregard of the following observed violations as stated per the Maricopa County Zoning Ordnance for Rural Zoning Districts as follows: · The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. · The business shall be conducted entirely within a completely enclosed building with no mechanical equipment or power tools shall be operated out of doors, and screening height not to exceed eight (8) feet. · The business shall not generate any noise if the noise be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. Vibration, smoke, dust, odors, heat, glare, or electrical interference. · No mechanical equipment or power tools except for use for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. · Deliveries from commercial suppliers (vehicle weight greater than 10,000 pounds) shall not restrict traffic circulation · No toxic or flammable material shall be used or stored on this site. · Outdoor storage of granite materials shall be limited to 25% of the total residential lot In conclusion, I suggest an on-site review of these observations and violation V202101217 PLEASE help us save our community…. Sincerely Charles S Filipek 38816 N 15th Ave Desert hill AZ From: Wava Stinchcomb To: Sean Watkins (PND) Subject: Violation V202101217 - SUP 38807 N. 15th Ave - Exquisite Stone (Isfan) Date: Tuesday, January 18, 2022 4:34:38 PM Please accept this as our written objection to the Special Use Permit applied for by Exquisite Stone (Isfan) for a granite shop at 38807 N. 15th Ave., Desert Hills, AZ 85086. Our house is located two lots east of said property. The following are our objections: 1. This is zoned residential. We feel granite or quartz fabrication should be limited to commercial or industrial zonings. 2. We moved to the area almost 21 years ago for the peace and quiet of a rural lifestyle. Since the fabrication shop started up, that is now non-existent. If it's not the generators, it's the commercial trucks in and out with deliveries, stone remnants being thrown into dumpsters, and general manufacturing noises. We feel it's affecting our health and that of our animals. 3. Fabricating quartz must be done under wet conditions. Silica is toxic. Outside of the excessive water use on our shared well, what are they doing with the runoff / wastewater? Do they recycle the water? Dump it on the ground? 4. Are they following OSHA guidelines? 5. I've talked to several granite fabricators and have been assured by them that a fabrication shop (especially quartz) has very strict guidelines. I'd like proof that those safety measures are in force. 6. We're on a shared well. What is the wastewater doing to the ground and our water? Again, concerned about the affects on our health and that of our animals. Please let me know when the meeting is being held. The sign regarding the SUP is not always up and is being moved around, so it's hard to get a good look at it. Thank you, Dallas & Wava Stinchcomb 38829 N. 15th Avenue Desert Hills, AZ 85086 From: Rosalie Pinney (PND) To: Sean Watkins (PND) Subject: Z2021127 opposition/complaint Date: Monday, January 10, 2022 8:20:50 AM Attachments: image001.png image002.png Good morning Sean, I just received this complaint for your Zoning case Z2021127. We already have a violation case open V202101217, but not sure if you can use for opposition since a violation complaint but he does mention the citizen review letter he received. Report a Code Violation Violator Information Violation Address or Parcel Number 38807 N 15TH AVE, PHOENIX, AZ 85086 Violation Description They are using this location for a business. The noise that comes from whatever they're doing is horrible. Also I did not buy a home in a "residential" Neighborhood to hear a business operation going on outside my home. I received a "Citizen Review Process Notification Letter" in the mail. I do not want this business operating next to my home. Your Information Your Name Darin DiSciorio Your Telephone Number 702-715-7725 Your Email Address ddisciorio@hotmail.com Attach Pictures Citizen Review Process Notification Letter.pdf The following information is optional but will expedite the process. Legal Property Description S2 NW4 SW4 NE4 SEC 30 EX E 450F TH/OF Owner Name ISFAN JAMES/LEONAR Assessor Parcel Number 211-50-025F Thank you, Rosalie Pinney Office Assistant Specialized – Planning & Code Compliance Maricopa County Planning & Development Department 301 W. Jefferson Street, Suite 170, Phoenix, AZ 85003 Desk: 602-506-0625 | Cell: 602-526-2804 | Fax: 602-506-8510 Rosalie.Pinney@Maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here. From: Darin DiSciorio To: Sean Watkins (PND) Subject: SUP case Z2021127 Date: Monday, January 10, 2022 5:19:50 PM Sean Watkins, My name is Darin DiSciorio Address is: 38741 N 14th Ave Phoenix, AZ 85086 Parcel #: 211-50-027J We spent our life savings to purchase this new home. My family and I moved 55 minutes from my job so we could live in a quiet and peaceful place. This really impacts the quality of life in this beautiful rural place. They are using this location for a business. The noise that comes from whatever they're doing is horrible. Also, I did not buy a home in a "residential" Neighborhood to hear a business operation going on outside my home. I received a "Citizen Review Process Notification Letter" in the mail. I do not want this business operating next to my home. Here are a few other reasons of concern: 1. The noise from the machinery (Saw cutting, forklifts, Tractor trailer issues driving down our streets). 2. Negative impact on the value and resale of my home. (I must disclose this as a business and a noise nuisance when I sell). 3. Ground water contamination of all the surrounding wells. There is no city water out here. I believe the wells out here are for residential home owners only. 4. With all the semi's, our streets will suffer. 5. What type of waste and disposal are they doing Thank you for any help in this matter. Respectfully, Darin DiSciorio From: Eric Cole To: Sean Watkins (PND) Subject: Disapproval of Special Use Permit & complaint V202101217 Date: Friday, January 14, 2022 8:29:36 AM Hello Sean, My Name is Eric Cole and live on 38915 North 15th Ave. I am a few houses down from 38807 North 15th Ave. I am aware that a this property is seeking a special use permit. Let it be clear – I am opposed to the approval of this permit ! This is a residential neighborhood and it must remain that way. If you need me to elaborate on reasons why this should not be approved, let me know Thanks, Eric From: Eric Cole To: Rachel Applegate (PND) Subject: FW: Z2021127 - 3rd Submittal - Isfan Residence Date: Tuesday, May 10, 2022 6:38:26 AM Hello Rachel, My Name is Eric Cole and live on 38915 North 15th Ave. I am a few houses down from 38807 North 15th Ave. I am aware that a this property is seeking a special use permit. Let it be clear – I am opposed to the approval of this permit ! This is a residential neighborhood and it must remain that way. If you need me to elaborate on reasons why this should not be approved, let me know Thanks, Eric From: Sandy Luedke <sluedke@me.com> Sent: Thursday, April 28, 2022 3:12 PM To: Dave Ellis <Dwellis@aol.com>; Wava Stinchcomb <k9equinemom@gmail.com>; Charly Filipek <charlyfilipek@icloud.com>; Eric Cole <ericc@ping.com>; Susan Bassett <susancbassett@gmail.com>; Mark Wright <gotwakeboard@yahoo.com>; Darin Disciorio <ddisciorio@hotmail.com>; Sandy Luedke <sluedke@me.com>; Monte Mlekush <monte@mlekush.us>; Jo Schaaf <aznitengale@yahoo.com>; Michael & Tracy Flanagan <m-flanagan@zona.net> Subject: Fwd: Z2021127 - 3rd Submittal - Isfan Residence Hello Neighbors, If you wrote a letter to Sean regarding your opposition to the SUP then you received the letter from Rachel, regarding Exquisite Stones required 3rd submittal. They will be on a tight timeline to get everything required for SUP prior to Aug 17th. At the Violation hearing on April 14th, they were found RESPONSIBLE for having the business without a SUP and given until Aug 17th to obtain it or cease and desist. I will send a a copy of the Violation Hearing Judgment in a separate email. Thanks to Jo, Wayne, and Monte for attending and testifying. Rachel Applegate is the Sr Planner and has taken over the case as Sean Watkins retired (moved to Portugal). I spoke with her today and also sent the following email to her with comments regarding the 3rd submittal. Hopefully, we will have some dates for the SUP hearing soon, and we can all be there. Our presence in objection to the SUP truly makes a difference. Sincerely, Sandy Luedke Sent from my iPhone Begin forwarded message: From: Sandy Luedke <sluedke@me.com> Date: April 28, 2022 at 2:46:07 PM MST To: "Rachel Applegate (PND)" <Rachel.Applegate@maricopa.gov> Subject: Re: Z2021127 - 3rd Submittal - Isfan Residence Hello Rachel, I do have some comments/questions regarding the 3rd submittal (I don't think we ever saw the first two). 1. Under Development Schedule, they state they will begin operating with SUP as soon as we have approval. We have been communicating our concerns and objections regarding the violation and SUP for several months, and they have never ceased to operate. Just this morning there was a large commercial truck delivery. (see attached photo) 2. Public Utilities and Services, a. They state power is supplied by APS, but fail to mention the massive generator that is in use. There have been several references to the noise from the generator in email communications to both Donna Gerrone regarding V202101217 and Sean Watkins for the SUP Z2021127 Background Info b. On 6/20/21-permit- B202107409 for a 500 gal A/g propane tank and hook to an existing generator (I do not believe this was an existing generator) c. 6/3/2021 - permit - B202107929 - Cancelled- 400 Amp Electrical Service & Panel d. 3/21/2019 (previous owner) permit- B201901057 - 50x80 Detached Engineered Steel Bldg/ No Utilities 3. Development Standards- In question is the 25% coverage, I believe it is more. Not permitted was the block fence they mention which exceeds 6' as stated and not mentioned is the asphalt they laid that probably covers 20% of back yard. Thank you for keeping us in the loop, and answering my questions. Sincerely, Sandra Luedke 38816 N 15th Ave Desert Hills, AZ 85086 480-549-3176 On Apr 28, 2022, at 11:18 AM, "Rachel Applegate (PND)" <Rachel.Applegate@Maricopa.Gov> wrote: Reviewing Agencies, Attached with this e-mail includes the 3rd submittal for Isfan Residence – Z2021127 This e-mail provides notification of routing, please note a Technical Advisory Committee Meeting has not been scheduled, please submit review comments/recommendations as soon as possible. CC: Rachel Applegate Denisa Istrate, Kontexture (applicant) BCC: Areas of Interest Thank you, <image001.png> <image002.png> Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here. <Z2021127 - NARR-RPTS-3.PDF><Z2021127 - SITE-PLAN-3.PDF> From: Arizona Nightengale To: Sean Watkins (PND) Subject: Code violation V202101217 Date: Monday, January 10, 2022 10:52:39 AM Good morning! This is Jo Schaaf writing about our neighbors at 38807 N 15th Avenue. We live at 38821 N 15th Avenue, right next door. This is what I sent to Daniel Istrate at Kontexture this morning. You may know we had an informal neighbors meeting yesterday. I have pictures and video to document all of my issues. If you would like them sent to you, please let me know. This is in response to the Citizen Review Process Notification Letter we received regarding the Special Use Permit for Exquisite Stone, LLC. We live directly next door to the east of the factory. Our address is 38821 N 15th Avenue. Our names are Ernest Wayne and Jo Ann Schaaf. Our issues are all related to having an industrial complex in a quiet, livestock-oriented residential neighborhood. A. 15th Avenue: 1. There is a public safety issue related to trucks entering and exiting the factory driveway. Traffic is blocked for more than 10 minutes at a time while the 18 wheeled semi-tractors attempt to back through the gate. I have video. Emergency vehicles would have to back down 15th avenue and execute a Y turn on my road before they could pick another route to respond to an emergency beyond the blocked road. As a Registered Nurse, I know that the extra time involved in responding to medical emergencies can mean the difference between life, life with disability, and death. 15th avenue isn't wide enough nor the roadway designed for this kind of traffic. 2. School age children walk by the driveway twice a day, putting them at risk. 3. The block wall was erected without engineering or permit. It does not fit in with the the neighborhood. All others nearby have open fencing that is much lower. B. Smell: 1. The daily loading and unloading of tons of material from the huge diesel powered trucks that park in the driveway with their engines running is a constant issue. 2. The forklifts they use to shift tons of material also has a diesel engine we can smell. 3. The diesel generator, that runs 8 to 9 hours a day, emits fumes that invade our yard, all day, most days of the week. 4. They use chemicals that we can smell in our yard. C. Noise: 1. There is constant commotion in their yard. They do follow the Maricopa County rules related to hours of operation, but there is daily disturbance of our peace and quiet. 2. There are large trucks with built-in cranes that deliver these huge slabs of material almost daily. I have video. 3. They have a metal roll-off dumpster that they throw scrap material and old pallets into. Our dogs think it must be thunder, because they are cringing under our feet. Our horses startle and buck with the unexpected noise putting the rider at risk. 4. There is grinding, sanding and polishing noises as well as the noise from stone cutting. 5. There is a local family of Harris's Hawks that live nearby but they no longer visit our yard. D. Other issues: 1. There are airborne particulates from working the stone. This is hazardous to our health as well as the health of our animals. 2. Property values can decline when there is a factory complex in the middle of a residential neighborhood. We have to disclose noise and smell if we plan to sell our home. 3. When the wind blows, their foam sheets used to protect the stone flies out of their yard and ends up in everyone's yard. 4. They are disposing of their waste water into a domestic septic system not designed nor engineered for factory waste. 5. They are using well water from a shared domestic well that is not allowed per our Declaration Of Water Rights And Joint Well Agreement. 6. There is a 45 foot metal shipping container on their property. E. Quiet Enjoyment: 1. The greatest problem we have living next door to a factory is that we can no longer enjoy our backyard and arena. We have morning coffee on the patio everyday and have to listen to truck and forklift engines running and emitting their fumes. And there is the stone cutting and grinding. 2. We have lunch on the patio with the same issues. 3. We don't feel comfortable inviting friends to our patio because of the noise and smells. 4. We cannot open doors and windows because of the smell and noise. 5. We retired to Arizona to enjoy the year-round outdoor weather. We can't do this at our own home. From: aznitengale@yahoo.com To: Sean Watkins (PND) Subject: Violation V 202101217 Date: Tuesday, January 11, 2022 10:16:53 AM Attachments: image2.png Pictures to add to my file: Jo Schaaf at 38821 N 15th Avenue. One of the big trucks doing daily delivery and the foam sheets caught in my cactus. The diesel refuel truck and one of the semi-trucks blocking the road. There will be more. Thank you! Sent from my iPhone From: aznitengale@yahoo.com To: Sean Watkins (PND) Subject: Violation V 202101217 Date: Tuesday, January 11, 2022 10:28:11 AM Attachments: image0.png image2.png This is Jo Schaaf again. More pictures taken from my backyard. These are screen shots of video. Too bad you can’t hear the noise or smell the diesel fumes from a picture. Sent from my iPhone From: Arizona Nightengale To: Sean Watkins (PND) Subject: Violation 202101217 Date: Thursday, January 13, 2022 9:05:34 AM Good morning! This is Jo Schaaf at 38821 N 15th avenue. Phone 970-739-5619 The quiet enjoyment of my property is the reason I am participating in this complaint process. I am a registered nurse. For 40 years I got up at 4:30 AM in order to be at the hospital by 6:00 AM to start my work day. I retired in 2010 and people ask me what is the best thing about being retired. After saying, "I highly recommend it", I add that I discovered the absolute joy of having coffee, every morning, with my husband, something I could never do before. Fast forward to 2020; we have moved to Arizona and I discover the joy of having coffee with my husband outside on the patio, watching the balloons float by, listening to the quail burble over the seed we put out for them and listening to the bird song. This daily morning ritual is disturbed as soon as it starts. The business next door begins just before 7:00 AM, at the same time I am stepping outside with my first cup of coffee. The quiet enjoyment of my patio is ruined. We put all of our retirement into our property. All my 401-K and 403-B funds are locked up in the house. We love this horse property. We wish for the quiet enjoyment of it. From: aznitengale@yahoo.com To: Sean Watkins (PND) Subject: Violation V202101217 Date: Friday, January 14, 2022 12:28:34 PM This is Jo Schaaf again. Just now I took these pictures. First, poorly focused sorry, is a picture of my tape measure showing the height at the gate: 90 inches or 7 1/2 feet tall. The height makes it especially difficult to ascertain pedestrians on the easement. A driver must have his/her bumper, engine compartment and most of the cab out on the street before he/she can see clearly to left or right. Especially troubling is the second picture showing the delivery truck engine facing my yard. While I appreciate that his diesel fumes are aimed out on the street, he is going to have to BACK out of the gate. I fear for any horse/mule rider, child walking, any one running by and me, walking my blind, diabetic dog. Again, I do not feel this lot is appropriate for a business of this nature. Sent from my iPhone From: Arizona Nightengale To: Sean Watkins (PND) Cc: Jo McGinty; Sandy Luedke; mail@NRDHCA.org Subject: Violation V202101217 Date: Tuesday, January 18, 2022 11:17:42 AM I would like you to enter this memo in opposition to the SUP application Z2021127 for Exquisite Stone, LLC My name is Jo Schaaf, I live next door to the existing factory at 38821 N 15th Avenue, Phoenix, AZ 85086 When we first moved to our home, there was a business next door: TT Motorsports. The owner (Tommy) was the only employee and he did truck lift kits, installed roll bars, and fitted out dune buggies. He had a massive amount of equipment in his shop so that he could do the business himself, he kept the doors closed, did not run or gun any engines and the only time we knew he was there was in the summer evenings when he evidently threw himself into the pool fully clothed after work. We surmise this because we could hear Lauren (Tommy's wife) yelling at him to go in through the garage after a really big splash. They were neighbors. I took them cookies. We chatted over the fence like neighbors do. When they put their house on the market, they told us the new owners would use the shop to STORE countertops that they manufactured at their place of business in Deer Valley Commercial Park. The only time I met the new "neighbors" was one day walking my dog. We chatted, they had plans to move in, and STATED the purpose for the shop was to STORE the countertops they made until installation. I envisioned 2 guys hopping out of a pickup truck, lifting the countertop with the holes cut in it, and manually transporting it to the shop for storage. I'm okay with that. What actually happened is that they closed their Deer Valley Commercial Park location and transferred all the equipment, vehicles, forklifts, raw materials, and a generator to the other side of my backyard fence. They put up a 7 1/2 foot tall block fence on 15th Avenue to keep anyone from seeing what they were doing. They moved in an RV, a 45 foot storage container, and opened a factory without permission, permits or anyone being fully aware of their intentions. They have total disregard for the neighborhood and the people who live in the homes nearby. They have total disregard for Maricopa County ordinances as evinced by the upcoming hearing for delay of progress. They have no credibility with anyone, they have no honesty and no honor. They have been flaunting their disrespect for a year now and no resolution in sight. Yes, I am a nurse with professional ethics and they are in business with their own set of ethics that do not match mine. Had they done this the right way, applying for the permits first I feel certain I would not feel so betrayed. I'd still be against allowing a factory in a residential zone, but at least the system designed to protect homeowners from egregious infiltrating of undesirable activities would have been allowed to progress as intended by the framers of the ordinances. I thank you for listening and paying attention to my comments. From: Ina Mlekush To: Sean Watkins (PND) Subject: Violation complaint # V202101217 Date: Wednesday, January 26, 2022 2:46:24 PM Subject: Violation complaint # V202101217 Sean, I am opposed to granted this permit to Exquisite Stone LLC located at 38807 N 15th Ave (1)The noise from the generator is obnoxious. (2) 15th Ave has been blocked with two semi- trucks waiting to unload (3) This is a residential neighborhood. If I wanted to live close to a noisy business, I would have bought a house in an industrial complex. (4) I am concerned about groundwater contamination, we are all on wells out here. (5) I am not interested in setting a precedent for other businesses to attempt the same thing in our neighborhood. (6) Would you personally like to live next to a noisy business yourself? (7) I am concerned about this creating a negative impact on the value of my home and/or ease of selling my home in the future if this permit is granted. Respectfully, Ina Mlekush 38921 N 15th Ave Phoenix, AZ 85086 From: Arizona Nightengale To: Rachel Applegate (PND) Cc: Jo McGinty Subject: Re: Z2021127 - 3rd Submittal - Isfan Residence Date: Monday, May 2, 2022 11:11:07 AM Attachments: image002.png image001.png Thank you for sending this information. It is the first official communication I have received. I made the original complaint (V-202101217) and I live immediately to the east of the business, currently operating without a permit. They have applied for the Special Use Permit # Z 2021127. I would like to respond to the Narrative Report submitted for Exquisite Stone, LLC. This needs to be added to the file Sean Watkins was collecting on my behalf. Description of Proposal: 1. The building was there when they bought the property. It was a business: TT Motorsports. Tommy installed lift kits, light and roll bars, and worked on dune buggies. He was the only employee. Exquisite Stone was located in Deer Valley Commercial Park at the industrial end of the park. 2. They state the proposed project and business is intended for "storage" of natural and manufactured quarts slabs. The slabs "could be cut and polished on-site if needed" but that is exactly what they are doing. Each slab needs to cut to the exact dimensions of the counter top, appliances, and sink openings. These slabs need to be precise or they will be rejected by the contractor. Each edge needs to be rounded and polished. They don't arrive for "storage" ready-made; they are manufactured to specific designs on site. 3. In addition to the 3 trucks mentioned, they have a delivery van and 2 forklifts used daily at the property. 4. "Occasional deliveries" are made but they are not the usual kind of deliveries: this is not FED-EX dropping off a package. The most frequently seen truck is 18 wheeled with a bob-tail and built in crane for lifting off the tons of material. He is there for an hour and more. His diesel engine is running continuously as well as the forklifts; they need to shout to each other in order to be heard. They come in to the yard off 15th Avenue and then must BACK OUT BLINDLY onto the street. 5. I do not know about the mark-up on natural stone countertops but I find it hard to believe that "one to two kitchens are done each week" (as stated in the violation hearing) can possibly support 8 full-time employees. 6. There is a 7 foot block wall on the west side of the business, built without permits. It does not block out our view of the 54 foot long "Sea-tainer" located on the east side of the property, that is in violation. I believe the RV is parked permanently and lived in, but does not have the necessary permits. 7. They do recycle their water. I had our well administrator pull APS records for the previous year. It shows that they use as much water daily as a household does, even though no one lived in the house until November of 2021. This is a SHARED well. There are 3 other users and a well agreement that prohibits all but household use unless we all agree to change the usage. We have not agreed. Each of us pays $450 per year to cover the cost of the electric pump with a small portion used for future maintenance/replacement. I do not want to support their business with my well water and neither do the other two on the well. 8. The map they used showing the property location doesn't demonstrate how built up this area is. It shows a lot of Skunk Creek, but not the area of housing. No, we are not dense, almost all of us have an acre or more. But the sound travels in all directions and disturbs us for blocks away. 9. They will "begin operating with the SUP" as soon as approved is a farce. They have been operating for the last 18 months, for the last 11 months after my violation was reported. 10. The Deer Valley Unified School buses pick up and drop of elementary age kids at the corner of 15th Avenue and Irvine. Two of these kids live across the road from me. They have to walk along the easement past this factory in order to catch the bus. At times, they are forced to walk in the street because the semi's are waiting to unload. When the roll-off disposal container is exchanged, the easement is blocked for almost and hour. 11. This is a single family neighborhood. We have livestock, we have pool parties, we have backyard bar-b-ques, we have children walking to the school bus, we have horseback riders (and mule riders) and horse trailers and kids on dirt bikes. We do not need a factory in our midst. Sincerely submitted: Jo Schaaf 38821 N 15th Avenue Phoenix, AZ 85086 970-739- 5619 On Thursday, April 28, 2022, 11:17:50 AM MST, Rachel Applegate (PND) <rachel.applegate@maricopa.gov> wrote: Reviewing Agencies, Attached with this e-mail includes the 3rd submittal for Isfan Residence – Z2021127 This e-mail provides notification of routing, please note a Technical Advisory Committee Meeting has not been scheduled, please submit review comments/recommendations as soon as possible. CC: Rachel Applegate Denisa Istrate, Kontexture (applicant) BCC: Areas of Interest Thank you, Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here. From: Mark Wright To: daniel.istrate@kontexture.com Cc: Sean Watkins (PND); Sandy Luedke Subject: Exquisite Stone LLC Special Use Permit - Concerns Date: Tuesday, January 11, 2022 10:57:23 AM Daniel Istrate, My name is Mark Wright and I live at the following address that resides within 300ft of 38807 N 15th Ave, Phx AZ 85086: 38710 N 15th Ave Phoenix, AZ 85086 I have the following concerns regarding the Special Use Permit to Operate Granit Shop on Residential Lot: 1. Noise from generator, equipment and machinery – currently I can hear the generator in my home office, primary bedroom, guest bedroom, and backyard. The noise has significantly negatively impacted my quality of life. I've spoken to the owner about my concerns and based on what I've seen, he hasn't done anything to mitigate or correct the issue, other than apply for a special use permit which does nothing to immediately remediate my quality of life that he has negatively mpacted. 2. Increased traffic - 18 wheeler semis and delivery trucks entering and exiting the location throughout the day and driving on the road I live on. 3. Pedestrian safety 4. Future increased traffic if special use permit is granted 5. Deterioration of street – Street was not built for 18 wheeler semi’s – Who will pay to fix any damages to the street, as well as, damage per personal property if the street were to damage personal property. 6. Chemical use and disposal 7. Waster production – removal and impact on environment and ground water 8. Ground water contamination - Impact on well water quality due to chemicals being used 9. Use of domestic shared well – although I don’t share the well, granting this special use permit could set a precedence which currently Saving Paws Rescue is moving to a Lot where they will share the DOMESTIC well with me. If the permit is granted and this is not addressed, then Saving Paws Rescue will reference this permit. 10. Outside storage of materials and equipment 11. Litter and debris – I have picked up foam and debris from my front yard and in front of my property which blew over the wall of the property at 38807 N 15th Ave 12. Impact on air quality 13. Negative impact on home value and resale of residential homes/lots 14. Granit Owner Integrity - Owner continues to operate the business although he knows is has had a significant negative impact on others quality of live, he does not live at the residence so he and his wife don’t have to deal with any of the aforementioned concerns, operates without a Special Use Permit, made changes to the property without obtaining permits (based on what I’ve been told i.e. wall height, blacktop in backyard, wood privacy fence on south side of lot). If the owner is willing to do all these things, what else will he do if he is granted a special use permit? 15. Osha violation 16. Toxic dust from cutting certain types of granite can be harmful or detrimental to your health. Most of these concerns are in violation of the Maricopa County Zoning Ordinance – Chapter 5 - Rural Zoning Districts , #10, a – q noted in Chapter 5 Page 2 – 3 of the Maricopa County Zoning Ordinance guide. Thanks, Mark Wright 38710 N 15th Avenue Phoenix, AZ 85086 From: m-flanagan To: Sean Watkins (PND) Cc: daniel.istrate@kontexture.com Subject: Special Use Permit--38807 N 15h Ave Phoenix, AZ 85086 Date: Tuesday, January 25, 2022 6:00:39 PM Dear Mr. Watkins, My wife and I recently purchased the property at 38722 N 15th Ave, Phoenix, AZ 85086. To reference, we are across the west street (15thAve) and the equivalent of one lot south of the subject property. Upon taking possession of our home in April 2021, we were troubled by the amount of commercial traffic on the street and of the loud noises coming from the subject property. Unfortunately we hadn’t experienced this before and it was not disclosed to us in the purchase of our home. It was only then that we came to find out that a major stone cutting business was being operated out of 38807 N 15th Ave, the subject property. The oversized (8 ft- not sure?) masonry wall and the side gate to the business is on 15th Ave. This is diagonally across from our property. This is the gate that is used by workers and the commercial trucks delivering materials. Most of the day these commercial trucks are coming and going and often idle on the street waiting for the gate to be opened. This is a residential neighborhood and there are even 5 axel/18 wheeler trucks involved in this operation-see attached pic. These trucks are operating on and around 15th Ave. This is an avenue with no sidewalks that children walk to and from the school bus daily. This is not appropriate nor is it safe. There is also a large, loud generator being run daily. It is located by the wall on the south side of their property. I can only assume that this is being used to power machinery. Put simply, it is obnoxiously loud. For example, when the generator is in use and I am in the front of my home, I need to go indoors to take a phone call or hold a composed conversation. The lot adjacent to the generator location is vacant. Being that close, It would be unbearable to tolerate the noise if/when a home is built. An equestrian rural, residential, neighborhood is definitely not the place for a loud operation with constant commercial traffic. It is unsafe, it’s loud and it’s disconcerting that our property values would be directly affected by this if it were allowed to continue. This is a robust operation that would best be suited in an industrial park setting. To this day we have not met the owner/operator of the business at 38807 N 15th Ave. I hope they understand and respect their many neighbor’s concerns. I do wish them the utmost success in their endeavor in the appropriate commercial setting. Thank You for your time and consideration. Michael Flanagan 38722 N 15th Ave Phoenix, AZ 85086 m-flanagan@zona.net From: Monte Mlekush To: Sean Watkins (PND) Subject: FW: Violation complaint # V202101217 Date: Wednesday, January 26, 2022 11:18:48 AM Sent from Mail for Windows From: Monte Mlekush Sent: Wednesday, January 26, 2022 11:13 AM To: daniel.istrate@kontexture.com Subject: Violation complaint # V202101217 Sean, I am opposed to granted this permit to Exquisite Stone LLC located at 38807 N 15th Ave (1)The noise from the generator is obnoxious. (2) 15th Ave has been blocked with two semi- trucks waiting to unload (3) This is a residential neighborhood. If I wanted to live close to a noisy business, I would have bought a house in an industrial complex. (4) I am concerned about groundwater contamination, we are all on wells out here. (5) I am not interested in setting a precedent for other businesses to attempt the same thing in our neighborhood. (6) Would you personally like to live next to a noisy business yourself? (7) I am concerned about this creating a negative impact on the value of my home and/or ease of selling my home in the future if this permit is granted. Respectfully, Monte Mlekush 38921 N 15th Ave Phoenix, AZ 85086 V202101217 Sent from Mail for Windows From: Sandy Luedke To: Sean Watkins (PND) Subject: SUP Z2021127 - 38807 N 15th Ave Date: Thursday, January 13, 2022 2:32:41 PM Attachments: 10arena.png My name is Sandra Luedke and I reside at 38816 N 15th Ave, Desert Hills, AZ. I have lived here for 14 years, and I reside directly across the street from Exquisite Stone 38807 N 15th Ave. I am in opposition to the SUP Z20211127 Exquisite Stone has applied for. We moved here to accommodate our equestrian lifestyle where I can train and care for our horses and mules on my own property. Desert Hills is a lovely community where the rural lifestyle has been protected and preserved not by an HOA but by good neighbors and the enforcement of Maricopa County Zoning Ordinances. I find it alarming, that Exquisite Stone moved in and began immediately altering their property. taller than normal block wall addition of wood pallets added to increase height of wall on SW corner black top added to large portion of back yard massive noisy generator massive storage bins and dumpster industrial equipment to move granite slabs This is not a neighbor that has moved next door, it is an industrial business that previously was located at 22405 N 23rd Ave. I have attached a Google Map Street view picture of the establishment at its previous location. This type of business does not belong next door to me. The noise from the operation of the machinery and the increase in traffic is bothersome. Employees are typically in and out several times a day with small trailer loads of materials. Then there are the large semi loads we must also deal with. I believe a picture is worth 1000 words, so I have attached several pictures that reflect their current operation at 38807 N 15th Ave. You may also view the YouTube video to hear the noise from the generator (turn up your volume). I captured this while riding my mule down the road. https://youtu.be/kJl9VBdDOSQ I trust the process but find it unsettling that a business would move in and start up an industrial operation foregoing and ignoring the proper process for permitting resulting in a violation (V202101217). I question previous responses from the owner regarding road deterioration, water recycling, chemical use, septic and ground water impact… The responses are glossed over and lack rigor and outside inspections. They continue to operate and take the rural charm away from my neighborhood. This is an establishment that has proven they cannot be trusted and does not belong in Desert Hills. Sincerely, Sandra Luedke 38816 N 15th Ave Desert Hills, AZ From: Sandra Luedke To: Donna Gerron (PND) Cc: Sean Watkins (PND) Subject: Re: V202101217 - SUPZ2021127 Date: Friday, January 14, 2022 4:09:23 PM Oops, forgot to add fence picture Sent from my iPhone On Jan 14, 2022, at 4:02 PM, Sandy Luedke <sluedke@me.com> wrote: Hello Donna, Just for clarification, are you also known as Donna Kenerson? I would hope that this hearing also reflects some of the original violation complaints neighbors cited when we submitted our electronic complaints. I agree the delayed response by Exquisite Stone is unacceptable, but I am not sure they ever would have filed an SUP if neighbors had not started asking questions and filing complaints regarding the noise, the traffic, and the other zoning code violations we shared with you. I know I called and emailed a few times in regards to the complaint and officially filed my own complaint on 09/07/2021. I could not track the violation number I received, so I called you, and you helped find out what number it had be assigned to. The following is what I am referring to. In response to your recent complaint, violation case V202101163 was opened on a previous complaint and assigned to Code Compliance Officer Donna Kenerson, who may be reached at Donna.Kenerson@Maricopa.gov. You may be contacted for additional information if necessary. I guess the process is a little confusing to me, and I would think there is a direct link between the Violations neighbors filed, the hearing on Febr 8th, 2022 regarding the delay in notification and the current SUP. Who best can explain this to me? Is this hearing open to the public or to those that filed a complaint? Does it get posted and are neighbors notified? I know I have sent you pictures before, but I have attached a picture you might find interesting. It is one of the more recent additions to the south fence. They have added wood pallets (like the type I store my horse hay on) to increase the height of their fence. I don't think this is compliant either. You may also view this YouTube video to hear the noise from the generator (turn up your volume). I captured this while riding my mule down the road. https://youtu.be/kJl9VBdDOSQ Thank You, Sandra Luedke 38816 N 15th Ave Desert Hills, AZ On Jan 14, 2022, at 1:38 PM, "Donna Gerron (PND)" <Donna.Gerron@Maricopa.Gov> wrote: Good afternoon, The hearing is just a civil hearing, very informal. The hearing is held here at 301 w. Jefferson in one of our conference rooms in front of a hearing officer. The reason the hearing was scheduled is because so much time had passed between the Pre-Application Meeting and actually applying for the SUP. They were out of compliance because the neighbors hadn't been notified in the time frame allowed. I hope that answers your question. Please let me know if not. From: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov> Sent: Friday, January 14, 2022 12:09 PM To: Sandy Luedke <sluedke@me.com> Cc: Donna Gerron (PND) <Donna.Gerron@Maricopa.Gov> Subject: RE: V202101217 - SUPZ2021127 Hello Ms. Luedke, Regarding the Hearing. Yes, there is a hearing scheduled for this Violation case (V202101217) on 2/8/22 at 9 a.m. at 301 W. Jefferson Street. I’m not completely familiar with that type of Hearing, so I don’t know about attendance requirements and such. Donna Gerron is the Code Enforcement Officer assigned to that case, so she may be able to provide more guidance on that question. If you please Donna - Thank You! Regarding SUPs. Properties subject to a current SUP request will be posted (and notifications will be mailed to properties within 300 ft). There isn’t a quick/easy way to look up current SUPs or the outcomes of SUP proposals (successful or not) by general area. The only way you can research is by specific parcel number. You can do that by going to this link: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx Then under “Planning Services” hit the “Search Applications” button Then enter the parcel (APN) number (or case number if you know that) Hit search and you can find the files associated with the parcel. If there was an SUP case (or zone change) you’ll see a ‘Z’ case (like Z2021044). You could also submit public records requests for particular properties to obtain SUP information. Again, that’s by parcel. You would initiate a PRR request here: https://publicrecordsrequest.maricopa.gov/nonCommercial?d=7 I hope that’s helpful. Thank you! Sean Watkins Planner Maricopa County Planning & Development Department 301 W. Jefferson Street, Suite 170 Phoenix, AZ 85003 Desk: 602-506-8150 sean.watkins@maricopa.gov P&D is now 100% digital. Find information on our new permit process here: https://www.maricopa.gov/1629/Construction-Permit-Information From: Sandy Luedke <sluedke@me.com> Sent: Friday, January 14, 2022 11:38 AM To: Sandy Luedke <sluedke@me.com> Cc: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov> Subject: Re: V202101217 - SUPZ2021127 Correction, February 8th is the date that was mentioned to me regarding the hearing. On Jan 14, 2022, at 11:29 AM, Sandy Luedke <sluedke@me.com> wrote: Good Morning Mr. Watkins. I was hoping you might direct me as to how to best locate in progress and granted and denied SUP's in the Desert Hills area. Specifically that have impacted RU-43 lots. Secondly, I heard from a neighbor today that there is a hearing scheduled for February 7th, 2021. Could you please clarify? Perhaps this is a civil hearing related to the violation V202101217? Thank You, Sandra Luedke 38816 N 15th Ave Desert Hills, AZ 85086 From: Sandy Luedke To: Sean Watkins (PND) Subject: SUP Z2021127 V202101217 Date: Monday, January 17, 2022 10:12:42 PM To Whom It May Concern, My name is Sandra Luedke, I am a registered voter and for 14 years I have resided at 38816 N 15th Ave. I am on the west side of 15th Ave, directly across from Exquisite Stone. I am in opposition of their request to put a granite shop on a residential lot. SUP Z2021127. Reason for opposition is as follows. DISTRUST As I look out my window and across the street to the gates of Exquisite Stone, I ponder what possesses so many business entrepreneurs to hold fast to the believe that it is better to beg for forgiveness than ask for permission. It seems to be a mantra that permeates our society. As a former classroom teacher and principal, I am well aware of the importance of rules and guidelines that provide boundaries to keep us safe and live in a community where we know what is expected. I am also familiar with those that feel entitled, and that rules or ordinances are not meant for them to follow. The owner of Exquisite Stone claims he has been in business for 20 years. Yesterday, my husband and I decided to take a drive past Exquisite Stones previous location, 22405 N 23rd Ave. This section of 23rd Ave just north of Deer Valley Rd. is nothing but commercial/industrial businesses. It was eye opening, congested and a little scary to think about what my neighborhood could look like. However, it is the type of area properly zoned for commercial purposes, and a location you would expect to find Exquisite Stone. So why would Leo Isfan relocate his business to my neighborhood and a on residential lot? Do they plan to downsize their business or have hopes of growing bigger? After 20 years in the business, zoning ordinances certainly are not new to them. So, getting back to what is gnawing at me, it is the fact that as neighbors, several of us called Maricopa County, spoke to compliance officers, planners, and others prior to the SUP. We filed code violations about the business and the associated noise and traffic, way before Exquisite Stone finally had to submit a Special Use Permit. Not asking permission when you know you should, is a willful and premeditated act. The easy way out. Secondly, it is deceptive when you do something behind your neighbors or county’s back to accomplish something you want to do. It creates distrust and devalues your neighbors and the system. It seems Exquisite Stone has decided that what they want to accomplish is more important than following the ordinances, or the way they have negatively impacted the quality of the neighborhood. Trust is not one of those tangible topics, it can’t really be measured, or quantified. It is a quality that simply exists and is demonstrated through our actions. Sincerely, Sandra Luedke From: Sandra Luedke To: Sean Watkins (PND) Subject: 38807 N15th Ave Date: Tuesday, February 8, 2022 9:41:26 AM Good Morning Sean, As I head outside this morning to work with my mules, I am reminded of why myself and many other neighbors oppose the SUP Z2021127 for Equisite Stone. Again, the noise, the activity of this industrial business and traffic simply do not belong on this residential lot(see attached photo). I do not understand why they are allowed to continue this activity. Please add this to the opposition statements. Sincerely, Sandra Luedke 38816 N 15th Ave Desert Hills, AZ 85086 480-549-3176 Sent from my iPhone From: Sandy Luedke To: Sean Watkins (PND) Subject: 38807 N 15th Ave - SUP Z2021127 Date: Tuesday, February 15, 2022 3:44:11 PM Good Afternoon Sean, I would like to express my opposition to the SUP Z20211127 Exquisite Stone has applied for. Please add this to the statements. The flow of semi trucks in and out of the property owned by Exquisite Stone continues and it is quiet noisy. Today, 2-15-22 at approximately 2:40 pm this large semi could be heard inside my house as its backup beeper and air horn were blasting away. I went out and recorded the event. I have created a YouTube link so that you may view it. Please turn your volume up and watch and listen, then wait for the truck driver to pause and yell at me. "Did you get it" This borderlines intimidation and harassment, which I find insulting and a bit disturbing. Link - https://youtu.be/7KjQTwpljpU Thank you for your attention to this matter. Sandra Luedke 38816 N 15th Ave Desert Hills, AZ 85086 From: Sandy Luedke To: Sean Watkins (PND) Cc: Donna Gerron (PND) Subject: SUP Z2021127 Exquisite Stone Date: Tuesday, March 29, 2022 1:21:35 PM Attachments: generator-covered.png generator-uncovered.png Hello Sean, With the hearing for Violation Case V202101217 (recorded July of 2021) for Exquisite Stone coming up on April 14th, I was reviewing some of my documentation and realized what a long drawn out process this really is. Yet, I am not discouraged and hope that the pictures, video, and communications made by myself and neighbors will assist in providing evidence that Exquisite Stone set up an industrial business without a permit, continues to operate full force, negatively impacts neighbors and is in violation of multiple RU 43 zoning codes. I m also opposed to granting a Special Use Permit (SUP) for the same reasons and I would like this letter added to the record for Z2021127. Having to be patient for almost a year now has proven challenging. Stepping outside to the smell of diesel fumes, the ungodly loud noise from the generator, seeing the frequent coming and going of delivery trucks, observing the physical transformations of a residential lot into a business lot and hearing the constant buzz of the machinery and equipment that emanates from the property is a daily disruption in the rural lifestyle of those that reside here. The coming and going of the trucks and deliveries from the semi trucks is not normal for this side street in Desert Hills. Semi-trucks have been know to blast their air horns when deliveries arrive or when they are exiting the entrance. One driver in particular exhibited extremely rude behaviors on more than one occasion. On the second occasion, 02-16-2022, it was recorded and reported to the Sheriffs Dept (MC 22 028001). The Sheriff did respond and came out to speak with me, however nothing could be done as it seems the legality of Exquisite Stone's business resides with Maricopa Planning and Development. For reference, I have included several pictures, I previously sent most of these and probably more, as well as links to a couple of videos documenting complaints. I appreciate that there is an avenue for reporting observed violations and for the zoning codes that provide a framework for regulating the development of RU 43 lots in Desert Hills. I do not think Leonor Isfan of Exquisite Stone would have ever applied for an SUP had neighbors not filed a violation report. Being able to also state objections to the SUP under consideration allows those that actually live near this business voice their objections. Thank you for always responding to my concerns, and helping educate me regarding the process. Volume Require for video Delivery Video https://youtu.be/7KjQTwpljpU Generator Video https://youtu.be/kJl9VBdDOSQ Sincerely, Sandra Luedke 480-549-3176 38816 N 15th Ave Desert Hills, AZ 85086