06.SU250039 PZ Staff Report

SU250039 
Page 1 of 10 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
SU250039 – J & S Dumpster Service  
 
 
 
 
Hearing Date: 
April 9, 2026 
 
Supervisor District: 
4 
 
 
 
  
 
Applicant: 
Morgan Busby, Busby Permits LLC  
 
Owners: 
Stoney & Holly Fred 
   
Request: 
Special Use Permit (SUP) for interim industrial use, storage yard, in the 
Rural-43 zoning district 
 
  
 
Site Location: 
Generally located at the southwest corner of Desert Mirage Rd and 217th 
Ave. in the Wittmann area 
 
  
Site Size: 
Approx. 1.19 acres of a 5-acre parcel 
 
Density: 
N/A 
 
County Island:  
No 
 
 
County Plan: 
White Tank Grand Avenue Area Plan – Single Family - Rural 
 
Municipal Plan: 
N/A 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
Four in support and one opposed 
 
Recommendation: 
Approve with conditions

SU250039 
Page 2 of 10 
Project Summary: 
 
1. 
The applicant is requesting a Special Use Permit (SUP) for an interim industrial storage yard for 
vehicles and materials related to a dumpster storage business, J & S Dumpster Service. The site 
is located on the southwest corner of Desert Mirage Rd and 217th Ave. in the Wittmann area north 
of Mountainside High School. The site is currently subject to violation V2400193 for commercial 
business operation in a Rural zoning district without proper zoning entitlement. The owner also 
owns the parcel south of the subject parcel, which is under an agricultural exemption for equine 
uses. 
 
2. 
The owner took possession of the property in 2014 via MCR-2014-567402. Both the subject parcel 
and the southern parcel were used for equine uses until around 2024 when the violation was 
verified. The property owner entered into a compliance agreement in October 2024. The 
compliance agreement has since lapsed. Compliance will require either ceasing and desisting the 
use or obtaining approval of proper zoning entitlement and completing any associated 
construction permits. The violation case is in administrative remedy for the violation. 
 
3. 
The subject parcel is 5 acres with a wash running through its west. There are several horse stalls 
and arenas indicative of the existing agricultural exemption. The SUP area covers only 1.19 acres 
of the parcel on its east. 
 
4. 
J & S Dumpster Service rents out dumpsters to local businesses and other customers. No waste 
materials are stored on site including in bins or containers. No cleaning of waste bins or 
containers occur on site – the only use would be bin storage and the cleaning/maintenance of 
trucks. In total, up to 23 dumpsters would be stored on-site with 15’ x 30’ stalls. All site operations 
would take place electronically and there are no offices for the business. Site operations would 
take place Monday-Saturday from 6:00 am to 5:00 pm during the spring and summer and 7:00 
am to 5:00 pm during the fall and winter. The business would employ the owners, plus a single 
full-time employee and two temporary employees during the peak winter season. Site screening 
consists of 6’ steel pipe and corrugated metal sheet along the north and east parcel line.  
 
5. 
The site and surrounding area is zoned Rural-43 for rural residential and agricultural development. 
Home-based businesses are common occurrences in rural residential neighborhoods and there 
appear to be home-based businesses in the surrounding neighborhood. 
 
6. 
Staff would note this application was filed under the prior iteration of the MCZO. Under those 
requirements, the applicant would have been required to vary paving to allow for asphalt millings. 
As the MCZO now allows for such millings to be used, there are no variances being requested for 
this site beyond the allowed use.

SU250039 
Page 3 of 10 
Site Plan

SU250039 
Page 4 of 10 
Fence Details

SU250039 
Page 5 of 10 
Existing On-Site and Adjacent Zoning / Land Use: 
 
7. 
On-site: 
 
Rural-43 / Equine-related uses and dumpster storage (latter unentitled) 
North: 
Desert Mirage Rd then Rural-43 / Rural Estate 
South: 
Rural-43 / Rural Estate 
East: 
Rural-43 / Rural Estate 
West: 
Rural-43 / Rural Estate 
 
 
 
Aerial of the site taking from the east facing west in January of 2024. The bins are visible along the south of the eastern parcel.

SU250039 
Page 6 of 10 
Zoning District map 
 
 
 
Utilities and Services: 
 
8. 
Water: 
 
Well 
Wastewater: 
Septic 
Fire: 
MCSO 
Police:  
Rural Metro  
 
Right-of-Way: 
 
9. 
The site is accessed via unimproved roads 217th Ave and Desert Mirage Dr with the closest major 
roads being Crozier Rd to the west and Patton Rd to the north.  
 
Adopted Plan: 
 
10. 
White Tank Grand Avenue Area Plan – Single-Family Rural (adopted 2023): The county’s area 
plan designated the site within an area for Single-Family Rural land uses of 0-1 du/ac. Home-
based businesses are common in rural areas of the county. However, as a primary use, the 
proposed industrial use a general industrial nature is arguably more appropriate for location in an 
area designated for Industrial uses and thus not in concert with the plan.  However, the proposal 
is for a small area, 1+ acre, and is for an interim of only five years.  After the validity period the 
SUP can be reconsidered for extension or removal if ultimate land use and development patterns 
have grown inconsistent.

SU250039 
Page 7 of 10 
Regional Context 
 
 
 
 
 
 
Public Participation Summary: 
 
11. 
The applicant has conducted public outreach including notification letters to property owners 
within 300 feet and parties on the interested parties list, site postings, and a public open house 
held in November of 2025. Staff received four letters of support and one letter of opposition. The 
opposition letter notes the negative impact of an industrial business in a rural neighborhood. 
 
Outstanding Concerns from Reviewing Agencies: 
 
12. 
N/A

SU250039 
Page 8 of 10 
Staff Analysis: 
 
13. 
The requested SUP would allow the property owner to park maintenance vehicles and store empty 
refuse bins associated with the business. Further, truck traffic would be limited between 6am and 
5pm – all business operations would cease at 5pm daily. The screening and limitations are 
intended to ensure the business operation remains consistent with the rural residential character 
of the neighborhood. 
 
14. 
Staff notes that the applicant has applied for an Interim Industrial Use SUP rather than a Cottage 
Industry SUP. If the Commission believes the SUP appropriate then you may wish to consider a 
shorter duration (staff’s suggested conditions include a five-year SUP). This affords the applicant 
chance to prove the use can be a good neighbor prior to grant of longer term zoning entitlement. 
 
Recommendation: 
 
15. 
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve SU250039 subject to the following conditions ‘a’ – ‘k’: 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan entitled 
“J&S Dumpster Service“, consisting of 3 full-size sheets, dated January 2026 except as 
modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “Narrative for SU250039”, consisting of 5 pages, dated February 13, 2026, except 
as modified by the following conditions. 
 
c. 
This special use permit is valid for a period of 5 years and shall expire on May 6, 2031, or 
upon abandonment of the use for a period of 90 or more consecutive days, whichever 
occurs first.  
 
d. 
This SUP will only allow the additional use of the Rural-43 zoned property to park and store 
refuse bins and trucks associated with the business. The bins must be empty of waste 
and clean when stored on site.  
 
e. 
Outdoor storage is limited to empty bins only. No compacting or solid waste material is 
allowed within any bin stored on the property. No cleaning of bins will be allowed on site. 
All bins will be cleaned prior to re-storage on the lot.  
 
f. 
Per the narrative, the number of bins allowed to be stored/parked on site is 23 or fewer. 
 
 
g. 
Truck traffic associated with the business is limited to the hours between 6am and 5pm. 
Business operations will cease on the property at 5pm Monday through Saturday. 
 
h. 
The following Rural-43 SUP standards shall apply:  
 
1. Surface Material: All parking and business storage areas shall be surfaced with 
minimum of asphalt millings.  
2. Lighting: All outdoor lighting shall conform to MCZO, Sec. 1112 and shall be shielded 
so that light is directed downward below the horizontal plane at bottom of the light 
source and so that no light trespasses onto adjacent properties.

SU250039 
Page 9 of 10 
 
 
i. 
The following Planning Engineering conditions shall apply: 
 
1. Agriculturally exempt sites are not exempt from Maricopa County floodplain 
regulations. The narrative states the majority of the land is being used for the care and 
training of horses, with improvements such as an arena, barn and multiple horse pens. 
Any of these features within floodway or floodplain within the Ag Exempt area and use 
will require permits through Maricopa County Flood Control District (FCD). This is 
separate from the special use area. You must obtain these permits from FCD prior to 
the Planning & Development Department issuing any building permits for the new 
special use area. 
 
2. Basin ponding greater than one foot in depth shall provide methods to percolate runoff 
within 36 hours. 
 
3. Engineering review of planning and/or zoning cases is for conceptual design only. All 
development and engineering design shall be in conformance with Section 1205 of 
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
4. Based on the conceptual design nature of the information submitted, changes to the 
site layout may be necessitated by the final engineering design of the site’s drainage 
infrastructure. 
 
5. Maricopa County does not supply water, fire or sewer services. It is the 
applicant/owner’s responsibility to coordinate and secure water, fire and sewer 
services for this site. 
 
6. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final 
drainage report must be submitted with the application for Building Permits 
 
j. 
Noncompliance with any of the conditions assigned to the approval of this Special Use Permit 
by the Maricopa County Board of Supervisors may be grounds for revocation in accordance 
with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. 
 
k. The granting of this change in use of the property has been at the request of the applicant, 
with the consent of the landowner. The granting of this approval allows the property to enjoy 
uses in excess of those permitted by the zoning existing on the date of application, subject to 
conditions. In the event of the failure to comply with any condition, and at the time of 
expiration of the Special Use Permit, the property may be considered for revocation to the 
zoning that existed on the date of application. It is, therefore, stipulated and agreed that either 
revocation due to the failure to comply with any conditions, or the expiration of the Special 
Use Permit, does not reduce any rights that existed on the date of application to use, divide, 
sell or possess the property and that there would be no diminution in value of the property 
from the value it held on the date of application due to such revocation or expiration of the 
Special Use Permit. The Special Use Permit enhances the value of the property above its value 
as of the date the Special Use Permit is granted and reverting to the prior zoning results in the 
same value of the property as if the Special Use Permit had never been granted.

SU250039 
Page 10 of 10 
 
 
Presented by: 
Joel Landis, Planner 
Reviewed by: 
Rachel Applegate, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Site Plan (3 pages) 
 
Narrative Report (5 pages) 
 
MC ENG comments (2 pages) 
 
MCESD comments (1 page) 
 
Support comments (4 pages) 
 
Opposition comments (15 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 5 approx.
Generated March 12, 2026 8:55 AM
SU250039
Application Name:
Legal Description
J & S Dumpster Services LLC
Applicant
Case Address
5N 3W 24
Morgan Busby
30112 N 217TH AVE
Applicant Phone/Email
Parcel Primary:503-36-016
(425) 377-4589
WITTMANN, AZ 85361
Map scale 1:1,641
Supervisor District No.
V# 2400193

MCZO 811.5.1
prohibition on
concertina wire
below 8'

Narrative for SU250039 
J & S Dumpsters 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Property Address: 30112 N. 217th Ave Wittman, AZ 85361 
Assessor Parcel Number: 503-36-016 
Property Owners: Stoney & Holly Fred 
Prepared by: Morgan Busby 
Date: February 13, 2026

I. 
SUP Overview 
This narrative pertains to the north easter portion of one parcel located at 30112 N. 217th 
Avenue, Wittmann, AZ 85361, identified as APN 503-36-018. The Property is owned by Stoney 
and Holly Fred (hereinafter, “Owners”). 
II. Utility & Emergency Services 
• 
Water Supply: Provided via on-site private well. 
• 
Wastewater: None created 
• 
Fire Services: Provided by Rural Metro Fire Department, which serves unincorporated 
areas of Maricopa County 
• 
Police Services: Provided by the Maricopa County Sheriff’s Office 
 
II. Topography and Floodplain 
The Property is generally flat with a gentle slope toward the southwest corner. The western 
portion of the site lies within a FEMA-designated flood zone. 
IV. Requested Variances from MCZO 
 
 
 
 
 
 
 
 
 
 
V. Proposed Use & Intent 
 
Operational Overview of J & S Dumpsters LLC: 
• 
Hours of Operation: 
o Fall/Winter: 7:00 AM–5:00 PM, Monday–Saturday 
o Spring/Summer: 6:00 AM–5:00 PM, Monday–Saturday

• 
Site Use and Function 
o The site serves as a home base and storage yard for dumpsters/containers when 
clean and not in active use. 
o There is no customer service or public interaction on-site. 
o No industrial processing equipment: No compacting, crushing, shredding, or 
transfer operations occur on-site. 
o There is no on-site office; operations and invoicing are handled by phone and 
computer software. 
• 
Storage and Scale 
o Storage capacity: up to 23 dumpsters at full capacity. 
o Full capacity is rare due to ongoing rentals; typically, no more than 10 dumpsters 
are on-site at any given time. 
o The Owners have no desire to expand or intensify operations within the SUP 
area beyond what is proposed in this narrative. 
• 
Site Conditions and Circulation 
o Surface Material: The SUP area is proposing asphalt millings over the entire site, 
to reduce dust and accommodate vehicle traffic. 
o Screening: The SUP area will have a clearly defined boundary. The north and east 
sides will be screened with an 8-foot privacy fence to reduce visibility and serve 
as a windbreak and noise buffering. The south and west sides will use drainage-
compatible fencing. 
o Internal Circulation: All trucks enter though the access gate and circulate 
through the property in a counterclockwise route which creates flow and ease of 
maneuvering trucks with trailers. The pre-determined route is set in place to 
improve vehicle movement and reduce excessive backing up and therefore 
limiting noise to the neighborhood. 
o Site Access: Street access is provided from N. 217th Ave. Site access is gained 
through the southeast side of the SUP area through a 24’ gate 
o Rural Roadway Maintenance: North 217th Avenue is a rural road routinely used 
by trucks with trailers and tractors, and the Owners periodically use their own

time, fuel, and equipment to address rough conditions for the benefit of the 
neighborhood. 
• 
Staffing 
o Staffing includes the owners, one full-time employee, and two part-time 
employees during peak winter months. 
• 
Business Activities: 
o Load / Return of Dumpsters: 
 
Load dumpsters onto trailers for delivery to customer sites, then return 
them to the yard after use in accordance with company standards. 
 
Return dumpsters to the yard that are empty, clean and free of debris. 
o House Keeping Activities 
 
Walk the SUP area at opening, mid-day, and before close to pick up any 
windblown trash or loose material. 
 
Consolidate loose debris into designated bins and dispose of it the 
same day. 
 
Police the perimeter fence line and frontage for litter and remove it 
promptly. 
 
Keep the loading/unloading area clean after each drop-off or pickup. 
 
Inspect spills or leaks; clean up immediately and place absorbents in the 
proper disposal container. 
o Maintenance and servicing 
 
Routine maintenance for trucks, trailers, and dumpsters occurs on-site 
per schedule to ensure that no leakage of truck oils happens. 
 
Repairs/services (e.g., oil changes, welding) are performed by third-party 
mobile vendors.

o Truck Washing and wastewater 
 
No dumpster cleaning occurs on-site. 
 
Dumpsters are emptied and cleaned at the landfill before returning; they 
return free of garbage and debris. 
 
On-site washing of the delivery trucks is limited to biweekly pressure-
washing of up to three trucks using water only (no soap, chemicals, or 
additives). 
 
Spill prevention: The Owners will maintain spill response materials on-site 
and will immediately address any observed fluid leaks from vehicles or 
equipment. 
VII. Summary 
 
The requested Special Use Permit formalizes a small scale, well managed operational area 
on the northeast portion of the Property for J & S Dumpsters LLC. The use is limited to storing 
roll off containers when not in service, with clear operational limits and site improvements 
intended to maintain a clean, orderly appearance and minimize off-site impacts. The project 
includes defined hours of operation, controlled access and circulation, daily housekeeping, dust-
control surfacing, and perimeter screening with an 8-foot privacy fence to improve compatibility 
with the surrounding rural residential area. No customer-facing activity will occur on-site, and 
the operation will remain a low-intensity support function for off-site rentals.

Anh Harambasic, PE 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 506-3611 
www.maricopa.gov/planning 
email address: 
Anh.Harambasic@maricopa.gov 
  
Planning & Development 
 
Engineering Plan Review 
 
 
Date:    
March 5, 2026 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Joel Landis, Planner, Planning & Development Services 
 
via: 
Doug Jones P.E., Engineering Supervisor, Planning and Development 
 
From: 
Anh Harambasic P.E., Plans Examiner Engineer, Planning & 
Development 
 
Subject:   
SU250039- J&S Dumpster storage.  
APN(s): 
503-36-018, 503-36-016, 30112 N. 217th Ave; Wittmann, AZ 
Description- application is for a special use with a plan of development permit to utilize 
site for care and training of horses with improvements such as an arena, barn and 
horse pens (ag exemption portion) and storage for 25 dumpsters.   
Engineering Review has reviewed the second submittal routed for review, for the 
subject application on 2.9.2026 and has no objections to the planning case. Any 
approvals are subject to the following stipulations:       
 
DRAINAGE CONDITIONS 
1. As specified in the PA250126 dated 7.30.2025. Agriculturally exempt sites are 
not exempt from Maricopa County floodplain regulations. The narrative states 
the majority of the land is being used for the care and training of horses, with 
improvements such as an arena, barn and multiple horse pens.  Any of these 
features within floodway or floodplain within the Ag Exempt area and use will 
require permits through Maricopa County Flood control district (FCD).  
Larry.Morden@maricopa.gov. This is separate from the special use area.  You 
must obtain these permits from FCD prior to PND issuing any building permits 
for the new special use area.   
 
2. Basin ponding greater than 1 foot in depth shall provide methods to percolate 
runoff within 36 hours.  
 
General conditions 
3. Engineering review of planning and/or zoning cases is for conceptual design 
only. All development and engineering design shall be in conformance with 
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and 
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway 
Design Manual; and current engineering policies, standards and best practices 
at the time of application for construction. 
 
4. Based on the conceptual design nature of the information submitted, changes 
to the site layout may be necessitated by the final engineering design of the 
site’s drainage infrastructure.

Page 2 of 2 
 
 
 
 
5. Maricopa County does not supply water, fire or sewer services.  It is the 
applicant/owner’s responsibility to coordinate and secure water, fire and 
sewer services for this site. 
 
6. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final 
drainage report must be submitted with the application for Building Permits  
 
Please contact me with any questions.

Page | 1  
 
 
Subdivision 
Infrastructure  
& Planning Program 
301 W. Jefferson St. 
Phoenix, AZ 85003 
 
S u b d i vi s io n @ m a ri co p a .go v 
e s d .m a r i c o pa .g o v 
 
 
 
 
 
The Maricopa County Environmental Services Department (MCESD) has completed review 
for the J & S Dumpster Services LLC planning case(s). Please note the following MCESD 
requirements for site development: 
 
Onsite Wastewater (Septic) –  
A Minor Plan Review application must be submitted for any existing septic system(s) if 
being utilized and if the applicant believes the existing system(s) are adequate in size to 
support the new use; otherwise, a new septic permit/install may be required. 
 
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov. 
 
Additional Notes –  
*It should be noted that this document does not approve the referenced project. Comments are provided 
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County 
Planning and Development Department. 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 current regulations at the time of application. 
 
 
 
 
Project Name: J & S Dumpster Services 
LLC 
Primary Contact Name: Morgan Busby 
Planning Application Type: Special Use 
Permit 
APN(s): 503-36-016, 503-36-018 
Reviewer: Elliott Wheaton, P.E. 
Email: Elliott.Wheaton@maricopa.gov 
Phone: 602-376-6035 
Planner Name: Joel Landis 
Planning Case #: SU250039 
Date: January 13, 2026 
 
Water and Waste Management Division


	

	

	

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