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August 19, 2020
Z2020015
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
August 19, 2020
Case #/Title:
Z2020015 – NWC Sossaman Road & San Tan Boulevard
Construction Yard Facility
Supervisor District:
1
Applicant/Owner:
Rose Law Group PC / Sun American Development LLC
Request:
Special Use Permit (SUP) for Construction Yard Facility in the
C-3 and R1-35 RUPD Zoning Districts
Site Location:
Generally located at the NWC of Sossaman Rd. & San Tan
Blvd.
Site Size:
Approx. 5.34 acres
County Island Status:
No
Additional
Comments:
The applicant seeks a SUP for a construction yard facility. The
subject property is identified as a Suburban Residential (0-2
d.u./acre) land use in the Queen Creek Area Plan and is
identified as a Rural land use in the Queen Creek General
Plan. As this SUP request will have a ten-year timeframe, the
SUP request
will
have
no adverse
impact
on
the
Comprehensive Plan or the Queen Creek Municipal Plan. No
comments were received from relevant municipalities. Staff
received a support letter from five abutting parcels upon the
first submittal of the application. One property has been sold
to another owner that has not expressed opposition or
support for the site. Staff also received three opposition
letters. As of the Planning and Zoning Commission date of
7/23/20, none of the letters are from owners within 300’ of the
subject property; however, one of the letters indicate that
they have signed a contract for one adjacent parcel within
300’ of the subject property (304-89-074K). The letters
expressed
concerns
regarding
site
security,
lighting,
aesthetics and personal comfort. The applicant contacted
each of the individuals who submitted letters to attempt to
address concerns.
Commission
Recommendation:
On 7/23/20, the Commission voted 6-0 to recommend
approval of Z2020015 subject to conditions ‘a’ – ‘h’:
August 19, 2020
Z2020015
Page 2 of 3
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Construction Yard Facility“, consisting of 2 full-size sheets, dated July 9,
2020, and stamped received July 9, 2020, except as modified by the following
conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Special Use Permit Narrative”, consisting of 9 pages, dated July 9,
2020, and stamped received July 9, 2020 except as modified by the following
conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Retention basin(s) must drain within 36 hours.
2.
The access drive(s) to the site must be paved with asphalt millings
compacted with a liquid asphaltic binder, or equivalent.
3.
Right-of-way dedication(s) must occur prior to issuance of any construction
(building) permits on the site as follows:
a. Sossaman Road: 22 feet to provide a total ½ width of 55 feet (to include
a 10’ wide PUE west of the R/W); and
b. San Tan Blvd.: 7 feet to provide a total ½ width of 40 feet.
The applicant is referred to https://www.mcdot.maricopa.gov/744/Right-
of-Way-Dedications for more information on the dedication process.
4.
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.
5.
Detailed Grading and Drainage Plans must be submitted with the
application for building permits.
d.
Unless renewed by the Maricopa County Board of Supervisors, this special use
permit shall expire on August 19, 2030, or upon termination of the use for a period
of 120 or more days, whichever occurs first. All site improvements associated with
the special use permit shall be removed within 120 days of such expiration or
termination of use.
e.
The following C-3/R1-35 RUPD Zoning District standards shall apply:
1. Height – 40’
2. Front Yard (South) – 15’
3. Side Yard (West) – 5’
August 19, 2020
Z2020015
Page 3 of 3
4. Street-side Yard (East) – 10’
5. Rear Yard (North) – 25’
6. Lot Area – 6,000 sq. ft.
7. Lot Width – 60’
8. Lot Area per Dwelling Unit – Not Permitted
9. Lot Coverage – 60%
10. Parking Spaces Required – 1 per 600 sq. ft. of floor area
11. Screening – 6’ solid masonry wall along north property line, 6’ view-obscuring
fencing along east, west and south property lines
12. Landscaping – Shared 10’ public utility easement will also serve as a non-
irrigated desert landscaping strip abutting Sossaman Road right-of-way,
landscaping strip not required along San Tan Boulevard
f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
g.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
h.
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 shall revert to the zoning that existed on the date of application. It is,
therefore, stipulated and agreed that either revocation due to the failure to
comply with 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.
Presented by:
Adam Cannon, Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachments:
7/23/20 P&Z Packet (27 pages)
7/23/20 P&Z Handout (9 pages)
Note:
7/23/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2020015
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2020015 – NWC Sossaman Road & San Tan Boulevard - Construction
Yard Facility
Hearing Date:
July 23, 2020
Supervisor District:
1
Applicant:
Chris Webb – Rose Law Group PC
Owner:
Sun American Development LLC
Request:
Special Use Permit (SUP) for Construction Yard Facility in the C-3 and
R1-35 RUPD Zoning Districts
Site Location:
Generally located at the NWC of Sossaman Rd. & San Tan Blvd.
Site Size:
Approx. 5.34 acres
Density:
N/A
County Island:
No
County Plan:
Queen Creek Area Plan – Suburban Residential (0-2 d.u./ac)
Municipal Plan:
Queen Creek General Plan - Rural
Municipal Comments:
No Comments
Support/Opposition:
1 Support Letter
Recommendation:
Approve with conditions
Z2020015
Page 2 of 8
Project Summary:
1.
Sun American Development LLC is requesting a SUP for a Construction Yard Facility. The
subject property is located in the Queen Creek area at the northwest corner of Sossaman
Rd. and San Tan Blvd. and is designated as Suburban Residential (0-2 d.u./acre) in the
Queen Creek Area Plan.
2.
The subject site will be utilized as a Construction Yard Facility for construction worker truck
and equipment storage. The hours of operation will be 4:00 a.m. to 9:00 p.m. daily. This
would be an interim industrial use. No violation cases are present on the site. The subject
site will have no structures. Security fencing will be installed on the interior of the site to
designate storage areas and screening (mesh privacy screen along right-of-ways,
existing block wall along the northern property line and existing 6’ metal screen fence)
will be placed around the perimeter of the site.
3.
The subject site is zoned C-3 and R1-35 RUPD. The base and requested zoning standards
for these districts are listed below:
REGULATION
BASE ZONING
DISTRICT
REGULATIONS (C-3)
BASE ZONING
DISTRICT
REGULATIONS
(R1-35 RUPD)2
PROPOSED SUP ZONING
REGULATIONS
Height
40’
30’
40’
Front Yard (South)1
25’
40’
15’
Side Yard (West) 1
10’
20’
5’
Street-side Yard
(East) 1
3’
20’
10’
Rear Yard (North) 1
25’
40’
25’
Lot Area
6,000 sq. ft.
35,000 sq. ft.
6,000 sq. ft.
Lot Width
60’
145’
60’
Lot Area per Dwelling
Unit
Not Permitted
35,000 sq. ft.
Not Permitted
Lot Coverage
60%
30%
60%
Parking Spaces
Required
1 per 250 sq. ft. of
floor area
2 per dwelling
unit
1 per 600 sq. ft. of floor
area
Screening
6’ solid masonry wall
adjacent to or
abutting any rural or
residential zone
boundary
N/A
6’ solid masonry wall
along north property line
6’ view-obscuring fencing
along east, west and
south property lines
Landscaping
5’ landscaping strip
abutting road right-
of-way
N/A
Shared 10’ public utility
easement will also serve
as a non-irrigated desert
landscaping strip abutting
Sossaman Road right-of
way
Z2020015
Page 3 of 8
Landscaping strip not
required along San Tan
Boulevard
1 A 1’ V.N.A.E. will be recorded along the east property line such that the south property line
becomes the front of the lot, the north property line becomes the rear of the lot and the east
and west property lines become the sides of the lot.
2 An RUPD was applied through a Commission Initiative (Z90-59) in 1990; however, the base
zoning district regulations for an R1-35 district were left unchanged for the portion of this property
that is zoned R1-35 RUPD.
4.
The applicant is requesting to vary height, setbacks, lot area, lot coverage, lot width and
parking spaces required because this site will be used for a construction yard (interim
industrial use). The proposed standards are consistent with other commercial/industrial
uses in the immediate area and are designed for consistency with the existing C-3 zoning
district or to mirror IND-2 district standards as modified by the MCDOT-required V.N.A.E.
Likewise, County staff is requiring the applicant to vary the standard for lot area per
dwelling unit as dwelling units are not typically allowed for similar commercial/interim
industrial uses.
5.
The applicant is requesting to vary required screening as there is an existing 6’ metal
screen fence abutting the residential district on the west property line and an existing 6’
block wall that serves as effective screening to residential properties to the north. The
applicant is requesting a mesh privacy screen for the remainder of the site as it provides
for more effective security of the construction yard.
6.
The applicant is also requesting to vary the requirement for a 5’ landscaping strip abutting
road right-of-way. The length of the site presents cost-prohibitive challenges for water
delivery for landscaping along San Tan Boulevard. The applicant has instead proposed
having the 10’ P.U.E. serve as a non-irrigated desert landscaping strip along Sossaman
right-of-way.
Z2020015
Page 4 of 8
Exhibit 1 – 2020 Aerial Map
Exhibit 2 – C-3/R1-35 RUPD Zoning District and Surrounding Zoning Districts
Z2020015
Page 5 of 8
Exhibit 3 – Site Plan
Existing On-Site and Adjacent Zoning / Land Use:
7.
On-site:
C-3 & R1-35 RUPD / Vacant
North:
R1-35 RUPD / Residential
South:
C-3 / Commercial and Industrial
East:
Rural-43 / Commercial
West:
C-3 & R1-35 RUPD / Agricultural
Utilities and Services:
8.
Water:
Chandler Heights Citrus Irrigation District
Wastewater:
None
Fire:
Rural Metro
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
Existing Classification
Future Classification
San Tan Blvd.
33’
40’
Major Collector
Major Collector
Sossaman
Rd.*
33’
55’ with Dedicated P.U.E
Major Collector
Minor Arterial
*MCDOT granted the applicant a 10’ ROW waiver with the dedication of a 10’ P.U.E. along
Sossaman Road.
Adopted Plan:
10.
Queen Creek Area Plan (Adopted: 1992): The Queen Creek Area Plan identifies this site
as Suburban Residential (0-2 d.u./acre). The Suburban Residential category denotes
areas where single family residential development is desirable and urban services (sewer,
Z2020015
Page 6 of 8
water, law enforcement, fire protection, schools, parks, etc.) are available or will be
provided.
Town of Queen Creek General Plan (Adopted: 2018): The subject property is designated
as a Rural land use in the Queen Creek General Plan. The Rural designation indicates
the area is desirable for rural residential and agricultural uses primarily. High density
building is discouraged in this category.
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 interested parties. The applicant also submitted a
letter of support signed by four adjacent owners. The applicant submitted a Citizens
Participation Results Report. No concerns were shared regarding the SUP request.
Outstanding Concerns from Reviewing Agencies:
12.
N/A
Staff Analysis:
13.
Staff is supportive of this SUP request for a construction yard facility that will serve to store
worker trucks and tools. The interim period will run for the length of the SUP approval or
ten years at which point a new entitlement will need to be obtained. The property abuts
other commercial/industrial type uses including another construction yard across San Tan
Boulevard. The site has sufficient existing screening from abutting residential properties.
Due to the site having multiple zones, it is necessary for a multitude of standards be varied
for this request as the use is of a commercial/industrial nature. In regards to landscaping,
the owner will be providing drought-tolerant plants along the Sossaman Road frontage
in the landscaping strip. The applicant has provided a support letter from the owners of
abutting residentially-zoned properties. Staff believes that the applicant has acted in
good faith to notify nearby owners of the proposed change and to provide ample
opportunity to make comments.
Recommendation:
14.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘h’.
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Construction Yard Facility“, consisting of 2 full-size sheets, dated July 9,
2020, and stamped received July 9, 2020, except as modified by the following
conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Special Use Permit Narrative”, consisting of 9 pages, dated July 9,
2020, and stamped received July 9, 2020 except as modified by the following
conditions.
Z2020015
Page 7 of 8
c.
The following Planning Engineering conditions shall apply:
1.
Retention basin(s) must drain within 36 hours.
2.
The access drive(s) to the site must be paved with asphalt millings
compacted with a liquid asphaltic binder, or equivalent.
3.
Right-of-way dedication(s) must occur prior to issuance of any construction
(building) permits on the site as follows:
a. Sossaman Road: 22 feet to provide a total ½ width of 55 feet (to include
a 10’ wide PUE west of the R/W); and
b. San Tan Blvd.: 7 feet to provide a total ½ width of 40 feet.
The applicant is referred to https://www.mcdot.maricopa.gov/744/Right-
of-Way-Dedications for more information on the dedication process.
4.
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.
5.
Detailed Grading and Drainage Plans must be submitted with the
application for building permits.
d.
Unless renewed by the Maricopa County Board of Supervisors, this special use
permit shall expire on August 19, 2030, or upon termination of the use for a period
of 120 or more days, whichever occurs first. All site improvements associated with
the special use permit shall be removed within 120 days of such expiration or
termination of use.
e.
The following C-3/R1-35 RUPD Zoning District standards shall apply:
1. Height – 40’
2. Front Yard (South) – 15’
3. Side Yard (West) – 5’
4. Street-side Yard (East) – 10’
5. Rear Yard (North) – 25’
6. Lot Area – 6,000 sq. ft.
7. Lot Width – 60’
8. Lot Area per Dwelling Unit – Not Permitted
9. Lot Coverage – 60%
10. Parking Spaces Required – 1 per 600 sq. ft. of floor area
11. Screening – 6’ solid masonry wall along north property line, 6’ view-obscuring
fencing along east, west and south property lines
Z2020015
Page 8 of 8
12. Landscaping – Shared 10’ public utility easement will also serve as a non-
irrigated desert landscaping strip abutting Sossaman Road right-of-way,
landscaping strip not required along San Tan Boulevard
f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
g.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
h.
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 shall revert to the zoning that existed on the date of application. It is,
therefore, stipulated and agreed that either revocation due to the failure to
comply with 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.
Presented by:
Adam Cannon, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 2 pages)
Narrative Report (9 pages)
Letter of Support (1 page)
Engineering comments (3 pages)
MCESD comments (1 page)
Town of Gilbert comments (2 pages)
From:
NA Brewer
To:
Adam Cannon (PND)
Subject:
Z2020015
Date:
Wednesday, July 15, 2020 7:32:40 PM
Attachments:
Opposition Letter.docx
Mr. Cannon.
Attached is my letter of opposition for Z2020015.
I want to thank you again for taking the time to speak to me regarding my concerns. I do feel
much better after speaking with you and no longer have any concerns about the retention
basin. However, I still do have a few other concerns about the light location and times of
operation.
I do appreciate Sun American Development LLC being open to moving the interior West light
further west so that it would align with my side yard and not the view from my great room.
When I spoke with you yesterday you only mentioned that someone wanted to participate in
the phone call on 7/23 but no mention of any other opposition letters. When I spoke to Chris
today I questioned the 4:00 a.m. start time and pointed out that their site plan clearly states
they will follow MCZO Section 112 and that his contractors would have no lights. His
response was I guess they will use their headlights or flashlights. He did not mention concerns
about security or another resident wanting to have them on 24/7?
I did add in my opposition letter about their business sign. I personally think is obnoxiously
big for that location and that type of business. I understand that you said it is zoned
commercial but did voice my personal concern.
I understand they will receive a copy of my opposition letter and they can contact me if
needed to discuss.
I am also emailing a copy to pdplanner@mail.Maricopa.gov
Here is my information for your record
Kim and Daniel Brewer
993 E. Stottler Court Gilbert 85296
Cell 602-370-7675
Thank You,
Kim Brewer
July 15, 2020
To Whom It May Concern:
I am writing to you regarding Z2020015 Special Use Permit. My name is Kim
Brewer and my husband Dan Brewer and I will be the new owners of property
APN 304-89-074K also known as 19041 E. Mary Anne Way, Queen Creek
85142.
We have a signed contract and gave a secured deposit to the builder Outback
Custom Homes. Currently our home is under construction and we anticipate a
move in date November-December of this year.
We have several concerns with the above Special Permit use for a
construction yard. All the homes on the North lot are sold or are under
contract. The letter dated February 26, 2020 that’s on file showing support for
a special permit was signed by the investors and not the new or future
homeowners. Two of the 5 homes are currently occupied by new home
owners. The other two are completed and under contract to close. Ours is the
fifth house and is currently under construction with a secured deposit and
legally-binding contract.
Our first concern is of the 30 ft. lights that will stay on 7 days a week/365 days
a year and only turn off at midnight from sunrise per MCZO Section 112 on
their site plan. If the facility was to close at 9:00 p.m. as outlined in their
proposal would Sun American Development LLC be willing to turn timers off
at 10:00 p.m. ? One of the reasons I fell in love with our new home is the
beautiful 12 ft. sliding glass double doors in the great room with views of the
San Tan Mountains. The 30 ft. interior light on the west side will be aligned
with the middle of our great room. We would like to ask Sun American
Development LLC if possible to move the 30 ft. interior light on the west side
approximately 80 ft. west where it would not interfere/distract from our main
room view. Relocating the light further West would line up with our side yard
that has no view from our great room and will be further from our master
bedroom.
Sun American Development LLC has submitted their hours of business from
4a.m.-9:00 pm.
MARICOPA COUNTY HOURS OF CONSTRUCTION ORDINANCE
SECTION 101. GENERAL PROVISIONS
It shall be unlawful for any person to pour concrete or
perform construction work in the County, except within
the time periods specified herein. As used in this section,
"construction work" shall include (1) pouring concrete and
idling of concrete mixing trucks, (2) operating
construction-related equipment, (3) performing outside
construction work for the purposes of erection (including
excavating), demolition, alteration or repair of any
building, structure or project, (4) operating a pile driver,
power shovel, pneumatic hammer, derrick, power hoist or
other construction-type device, and (5) loading and
unloading of construction materials or idling of delivery
trucks. For the purposes of this ordinance, “occupied” shall
mean a habitable residential dwelling receiving electrical
service. The distance to an occupied residence shall be
measured from the exterior walls of the building or
portions thereof.
2. Construction work (non-residential): All construction
work in Commercial and Industrial zones not within 500
feet of Rural or Residential zones as per the Maricopa
County Zoning Ordinance, or within any zone but not
within 1,500 feet of an occupied residence, shall not begin
prior to 5:00 a.m. and must stop by 10:00 p.m.
I believe Section (5) under General Provisions would constitute for
appropriate starting hours of operation for their construction yard. On two
separate letters (4/21/20 & 4/26/20) Maricopa County suggested their hours
of operations from 5:00 a.m.-8:00 pm because their construction yard abuts to
residential homes. I would like to ask Maricopa County to enforce their
original suggestion of 5:00 a.m. for start of business operations and have them
comply with Maricopa County Hours of Construction Ordinance. Also, since
their proposed site plan calls for them to follow MCZO Section 112 they would
not have enough light for their contractors to operate safely in their
construction yard as lights are on a timer from midnight to sunrise. I
understand after speaking with Mr. Cannon that this is a request as part of
their special permit and one that we currently oppose.
Sun American Development LLC also submitted proposal for their future
business sign in detail A. Their sign would be a total of 17 ft. in height with a
5ft high x 10ft wide billboard advertising their business name that would be
internally illuminated on both sides 24 hours a day/ 7 days a week. Again, this
illuminated sign would take away from the beautiful night sky and feel it
would encroach on the Maricopa County Dark Sky Ordinance. We are asking
that their current sign approval be denied and ask Sun American Development
LLC to design a sign of a smaller scale as part of their Special Use Permit.
As the future homeowner of APN 304-89-074K we ask that you please take
into consideration suggested changes addressed above.
Sincerely,
Kim & Dan Brewer
From:
Ginny Clement
To:
Adam Cannon (PND)
Subject:
Re: Z2020015
Date:
Wednesday, July 15, 2020 8:29:56 AM
Attachments:
image001.png
image003.png
image004.png
Thank you for confirming. I was able to find the email you copied below. I have reached out to Chris Webb.
Unfortunately, the crime concern is not going to be addressed unless chosen by individual construction
companies using the lot, but there will not be an overall security system in place. There are 3 known drug
houses in the area and an uptick in crime in the area as a result. Having worked for a construction company in
the past, I personally was placed in charge of obtaining security due to the crime activity on the sites after
hours. I feel that placing large ticket items for thieves will only exacerbate the issue this area is already plagued
with. We cannot even leave our mailboxes unlocked and some are being forced to put in cluster boxes just to
keep their mail from being stolen. It's unfortunate that our city and county officials are not able to address and
resolve this issue.
Thank you again for the link below. I appreciate your time.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, July 14, 2020 8:23 AM
To: ginnyclement@msn.com <ginnyclement@msn.com>
Subject: Z2020015
Good morning Ms. Clement,
Your e-mail was responded to yesterday. Please see a copy of the e-mail that I sent to you below. Contact
information becomes public record when it is submitted as part of a case and it is not anonymous. Applicants
as part of their Citizens Participation Program are required to reach out to people with potential concerns to see
if they can resolve those concerns prior to hearing. The applicant has received no concerns from anyone
throughout the entire process thus far and contacted you to reach out to you to see if they can resolve any
potential concerns that you have.
Thank you. Please let me know if you have any questions.
Best regards,
Adam Cannon
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-372-0292
adam.cannon@maricopa.gov
515 E Carefree Hwy #322
Phoenix, AZ 85085
602.809.0134 cell
866.481.0202 fax
jhbarkley@q.com
July 17, 2020
Maricopa Planning and Development
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
RE: CASE Z2020015 – NWC Sossaman Rd & San Tan Blvd.
Construction Yard Facility
Attn: Mr. Adam Cannon
Mr. Cannon:
Our company owns parcel 304-89-058N located on the SW corner of San Tan Blvd and Grapefruit Drive
in Queen Creek. We received a notice regarding the above project. We request that our
correspondence be submitted at the Planning and Zoning Commission hearing on July 23, 2020 at
9:30am and also at the Board of Supervisors hearing scheduled for August 19, 2020.
We are writing to object to the request for a Special Use permit for a construction yard at the above
location. Although the current zoning of the front portion of this parcel allows for this type of project, it
is our opinion that such a project will cause the reduction in value of the surrounding properties and
overall be a poor fit in the community. Even considering the proposed screening of the lighting and
fencing, this type of project would be detrimental to the resale of homes built just north of this site.
Homeowners to the north and west of the proposed project will be subjected to the noise from Tenants
of the project generated during the early morning hours. Even with the “buffer” of the R35 parcel to the
north of the site intended for use as water retention, proposed Buyers for these properties would
consider the close proximity of this type business a negative. It would be an eyesore within the
community.
Furthermore, we believe a construction yard will significantly increase the traffic in the area. There is a
significant “stop and go” traffic in the area resulting from residents visiting the neighborhood centers
serving the local community on both the north and south sides of San Tan Blvd., causing traffic to back
up on San Tan Blvd. The residents of this area continue to enjoy somewhat of a rural lifestyle, with farm
equipment often sharing the road with regular vehicular traffic as well as pedestrians, school children,
and horseback riders sharing the shoulder. The addition of an entrance off San Tan Blvd would
compound the problem and increase the possibility of a traffic accident occurring. Increased traffic will
pose a danger to the local residents.
Over the past 20 years, we have been involved in the building and leasing of commercial properties
along the San Tan Corridor. We know the area well and believe we understand the needs of the local
residents living and working in the area. The majority of the C3 space along San Tan Blvd is leased to
small businesses requiring office space and serving the local community. There are insurance
companies, tax preparers, Salons and a barber shop, Florists, Café’s, Church offices and small
entrepreneurs who live nearby and leased space when their small businesses outgrew their second
bedrooms and garage spaces. There are organizations serving the needs of young adults with
disabilities, a Daycare Center and a Dance Studio for youngsters practically right across the street from
the proposed project.
We strongly believe that this project would not be a good fit for the neighborhood. It would increase
transient type traffic to the area that would not be beneficial to the surrounding homes and business.
We are opposed to a special use permit being issued for a construction yard at this location and object
to a construction yard being placed on this parcel.
Respectfully,
Dennis and Jeanette Barkley
La Tierra LLC
Cc: Mr. Chris Webb: cwebb@roselawgroup.com