07. Z2019145 PZ Report
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Z2019145 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2019145 – Dynamite Water LLC Hearing Date: December 7, 2023 Supervisor District: 2 Applicant: Carolyn Oberholtzer, Bergin, Frakes, Smalley & Oberholtzer Owner: Granite Mountain Investments, LLC Request: Special Use Permit for a cottage industry in the Rural–43 zoning district to allow for overnight parking of commercial water trucks Site Location: Generally located 300’ south of the SWC of 166th St and Lone Mountain Rd. in the Rio Verde area Site Size: approximately 4.75 acres Density: N/A County Island: No County Plan: Rio Verde Foothills Area Plan – Rural Densities (0-1 du/ac) Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: 75 support letters representing 77 residents and four opposition letters representing two residents Recommendation: Approve with conditions Z2019145 Page 2 of 7 Project Summary: 1. The applicant is proposing a special use permit (SUP) for a home-based cottage industry on a residential property within the Rural-43 zoning district. The requested SUP would allow two commercial water trucks along with ancillary equipment to be stored on the property in order to fulfill a water service agreement the property owner has with Rural Metro Fire Department (who runs the Rio Verde Foothills Fire District) to provide water in emergency fire situations. The contractual obligations require one truck to be “ready to go” 24 hours a day. The narrative explicitly states that the second truck will be on site for redundancy purposes only. One of the two trucks will be parked in an existing garage on site, while the second truck will be parked behind the garage. The narrative states the only employee will be the owner and operator of the water truck, who resides on site, and no employees will come to the site. The use on site will mainly just be the storage of the trucks and ancillary equipment but may also include some light maintenance. The narrative clarifies any maintenance on site would be very minor in nature as they are required to take the trucks to a licensed mechanic shop for most maintenance/repairs. No tools or equipment not typical in a residential setting will be used on site. Example of Water Truck (left); Existing garage on site (right) 2. The site will be accessed from 166th St., which is a short private easement leading to Lone Mountain Rd. The applicant is requesting to waive the paving requirement for the site and will utilize a 3-inch-thick gravel drive surface for dust mitigation purposes. Additionally the applicant is seeking to waive all parking requirements as the only person who will be on site will be the owner/operator of the water trucks. Lastly, the applicant is requesting screening requirements be reduced to a landscape buffer to the north. Specifically, there are ten existing 24” box mesquite trees that were planted in 2021 which will serve as the site screening on the property. Staff notes the current proposal is very different from initial submission in 2019, which was originally for base operations for six water trucks for residential water delivers. The shift in request is due in part to the property owner securing an alternative commercial site for the water hauling operation. The request has been reduced to just what is necessary to aid the local fire department. 3. On June 28, 2019 a violation was reported on the subject property, V201901256, for operating a commercial business in the Rural-43 zoning district without entitlement. The requirement for a pre-application meeting was waived on December 6, 2019 and subsequently the applicant filed for the SUP on December 23, 2019. The technical advisory committee meeting was held on January 21, 2020. After a third technical review of documents there was a significant change in the proposed use, along with a change in representation for the property owner. The fourth submittal, which reflected these changes, was made on July 25, 2023. Z2019145 Page 3 of 7 REGULATION BASE ZONING DISTRICT REGULATIONS (Rural - 43) PROPOSED ZONING REGULATIONS (Rural – 43 SUP) Height 30’ 30’ Min. Front Yard 40’ 40’ Min. Side Yard 30’ 30’ Min. Rear Yard 40’ 40’ Min. Lot Area 43,560 sq ft 43,560 sq. ft. Min. Lot Width 145’ 145’ Max. Lot Coverage 25% 25% Surface Material Pavement 3” thick maintained gravel Screening N/A 10 mesquite trees along northern property line Parking One stall per 600 sq ft floor area No required parking 2023 aerial Z2019145 Page 4 of 7 Zoning Map Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural - 43/ Single-family residential North: Rural - 43/ Single-family residential South: Rural - 43/ Vacant East: Rural - 43/ Single-family residential West: Rural - 43/ Vacant Utilities and Services: 5. Water: Private water delivery Wastewater: On site septic School District: Cave Creek Unified School District Fire: Rural Metro Police: Maricopa County Sheriff’s Office Z2019145 Page 5 of 7 Right-of-Way: 6. 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 Lone Mountain Rd. 55’ 40’ Major Collector Adopted Plan: 7. Rio Verde Foothills (adopted July 6, 2005): The Rural land use designation is reserved for areas that have limited or nonexistent urban services and therefore are not suitable for more intense land development patterns. Public Participation Summary: 8. Due to the unique timeframe and significant changes of this case, there have essentially been two separate rounds of public participation. The site was posted and property owners within 300’ of the subject site were notified upon initial submission in 2019. More recently, and at the behest of staff, the applicant reposted the site and sent a new round of notice letters to property owners within 300’, as well as all identified “areas of interest”, to reflect the revised request and change in representation. Staff notes that the initial submission generated an overwhelming response, mostly in support but also a small handful of vocal residents in opposition. However, staff has not received any public comment since this revised request was submitted nor as a result of the renewed public participation efforts. The applicant reported one phone conversation from a local resident as a result of their participation efforts. While the contents of the phone call were not provided to staff, the applicant reported that all questions were answered and that the resident had no further questions nor comments to provide. Outstanding Concerns from Reviewing Agencies: 9. N/A Staff Analysis: 10. Staff is aware of the urgent need for the proposed water truck parking use as it relates to the Rural Metro Fire Department. The applicant provided examples of fires in the Rio Verde area that the property owner has been able to supply water to combat in the past, mitigating situations that could have intensified had the fire department had to wait for a water truck to come from a further distance away. Additionally, the revised request of allowing just two water trucks solely for fire protection purposes is much less intense than the initial request of utilizing the site as a hub for an entire fleet of water trucks. While there is always some level of concern when introducing commercial diesel trucks into rural/residential zoning districts, staff is comfortable that the applicant has demonstrated the limited scope of operations will minimize/eliminate concerns of disruptions to the surrounding neighborhood. Staff also notes that while there was minimal opposition to the case when it was initially submitted, there has been no opposition or further comment received since the request was modified. 11. Staff does have some concerns over the requested elimination of parking requirements, reduction in screening, and reduction in paving requirements requested by the applicant. First, the applicant Z2019145 Page 6 of 7 has proposed a three-inch-thick gravel drive in lieu of a paved driveway. Staff worries that having large commercial trucks over an unpaved driveway may create excessive dust in the area. However, it should be noted that the site is accessed via unimproved private easements, so even if the site were to be paved it would do little to mitigate dust plumes. Staff feels if well maintained the three-inch-thick gravel drive should be adequate to mitigate dust. As such, staff recommends condition “e.1” that the driveway must be continually maintained to retain a gravel depth of three inches. Second, the applicant proposed utilizing existing mesquite trees to screen the site to the north. Staff recommends condition “e.2” to ensure any mesquite tree that topples or ceases to photosynthesize will be replaced in a timely fashion. Lastly, the applicant contends that parking is not necessary as the only operator will be the owner who lives on site and no other employees or customers will ever come to the site. While staff agrees parking is not necessary given those conditions, there is a concern that if operating conditions change, or if the ownership changes during the life of the SUP, that the lack of parking may become an issue. As such staff recommends condition “i” to prohibit nonresident employees coming to the site. Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2019145 subject to the following conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the site plan entitled “Home Occupation Site Plan“, consisting of 1 full-size sheets, dated September 21, 2023, and stamped received October 10, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Special Use Permit Narrative Application”, consisting of 12 pages, dated October 2023 and stamped received October 30, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval. 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. d. This special use permit is valid for a period of ten years and shall expire on January 24, 2034, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. The following SUP standards shall apply: 1. Driveway Surface Material: maintain a minimum three-inch-thick gravel surface 2. Screening: maintain a minimum of ten live mesquite trees on northern lot line 3. Parking: none Z2019145 Page 7 of 7 f. No more than two water trucks shall be permitted on site and no more than one water truck shall be stored outside. g. No customers or nonresident employees may be received on site. 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: Joseph Mueller, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (12 pages) MCESD comments (1 page) DPR comments (1 page) Support (89 pages) Opposition (22 pages) 200223 Home Occupation.dgn Default 9/21/2023 8:50:08 AM Case #Z2019145 Granite Mountain Investments, LLC 31222 N. 166th Street, Scottsdale, Arizona 85262 (North 166th Street, south of E. Lone Mountain Road, Rio Verde Foothills, Scottsdale) APN 219-41-045X Special Use Permit Application Narrative Report Revised June 2020 Revised November 2020 Revised July 2023 Revised October 2023 1 Case #Z2019145 Granite Mountain Investments, LLC (“Property Owner”) Dynamite Water LLC (“Dynamite Water” or “Dynamite”) Special Use Permit (“SUP”) Application Narrative Report Key Points • This SUP is for a home occupation in the Rio Verde Foothills (“RVFH”) area to allow the parking and light maintenance of up to two water hauling trucks on a 4.75-acre property. • The proposed use is permitted in the R-43 Zoning District with an SUP as provided in Article 1301.1.18 Home occupations, cottage industry of the Zoning Ordinance. • This SUP will help Dynamite Water continue to serve the RVFH community by ensuring 24-hour per day, seven days per week readiness for local fire protection through an executed service agreement between Dynamite Water LLC and Rural Metro Fire / Central Arizona Operation (the “Agreement”). Purpose of Request The Property Owner is requesting a Special Use Permit for a home occupation that requires the parking and light maintenance of no more than two (2) water delivery trucks on approximately 4.75 acres located at 31222 N. 166th Street (the “Property”). The Property is zoned Rural-43 and has a home and garage, and is situated at the southwest corner of North 166th Avenue and E. Creosote Drive. Dynamite is owned and operated by Damon Bruns, a retired Phoenix Firefighter, who has operated this company for approximately 17 years. The Property is owned by Granite Mountain Investments, LLC, and Damon Bruns is the Manager of the LLC. Mr. Bruns lives in the home on the Property. Dynamite is one of three water hauling companies that supply potable water to households in Rio Verde Foothills. Dynamite has a contract to provide water to the Rio Verde Fire District and Rural-Metro Fire Department for fire suppression and safety on an on-call basis. The vehicles utilized by Dynamite Water to deliver water to private customers are stored and dispatched from Dynamite Water’s Deer Valley location at 1925 W. Williams Drive in Phoenix, which is approximately 27 miles, or about 45 minutes, from the service area. The SUP is requested so that two (2) water trucks, like the one shown here, are available on the Property for Mr. Bruns to utilize in emergency response under the Agreement. Immediate access to the vehicles provides critical time savings as the Deer Valley location is not proximate to the service area. 2 This SUP will allow the overnight parking of up to two water trucks, one of which will be parked within an existing garage (shown here) where limited, light maintenance may occur, and the other truck will be parked behind the garage. Parking behind the garage utilizes an existing circular driveway, which in turn, reduces the amount of truck maneuvering on the Property. Both trucks will be available for fire service, which, based on the current dry conditions in the RVFH area, could be a priority for the coming months. The first truck, i.e. the truck to be kept in the garage, will remain onsite and will be dedicated for fire service. The second truck will be kept on the Property for redundancy purposes only. Granite Mountain, as owner of the Property, was cited by Maricopa County for commercial business operation without proper zoning entitlement for parking the Dynamite Water trucks overnight on the property (Case #V20191256). Granite Mountain then entered into a Compliance Agreement with Maricopa County, which required the filing of this SUP application (Case #Z2019145), or ceasing operations, by December 30, 2019 (the “Compliance Agreement”). This SUP will ensure continued compliance under the Agreement and limits the scope of the activities on the Property to supplying water for emergency services through the Mr. Bruns’ contract with Rural-Metro Fire Department. With limited water infrastructure in the RVFH area, Dynamite Water is recognized as a valuable resource in its support for the Rural-Metro Fire Department (Station #826) and for the Rio Verde Fire District. Rural-Metro Fire Department is a subscription fire and EMS service with trucks that carry approximately 500 gallons of water for firefighting. Dynamite is able to provide additional water in a timely manner, thereby enhancing Rural-Metro’s capacity for fire suppression. Both of the trucks used by Dynamite Water are registered with the Arizona Department of Transportation as non-government emergency service vehicles, for potential fire suppression water hauling. Homebuilders active in RVFH recognize the role Dynamite Water plays in public safety – and moving these trucks out of the area would extend response times greatly. Finally, in the week before filing the original SUP application, Dynamite Water participated in two fire events in RVFH with Rural-Metro. One fire occurred during the day, but the other service call came in around 3:45 a.m. – and response time for the Dixileta Fire Station (incident #485986) would have been considerably longer if the trucks had been outside of RVFH. 3 Description of Proposal Dynamite will use approximately 1,000 square feet of the 4.75-acre Granite Mountain parcel for the home occupation. The SUP area is limited to one existing enclosed garage bay and a dedicated parking area behind the garage. There will be only one driveway access to 166th Avenue. The SUP is to allow overnight parking and limited light maintenance of up to two (2) water hauling trucks on the Property. The SUP area is located near the eastern portion quarter of the Property, which is buffered from the nearest residence to the north by Mr. Bruns’ personal residence and a 1.09-acre parcel that is also owned by Mr. Bruns. The nearest home to the east is approximately 170 feet away with a series of intervening livestock stables located on the Property. The next nearest residential property, not owned by Mr. Bruns, is approximately 220 feet to the northwest with the home being over 400 feet away. Additionally, Mr. Bruns has installed ten 24-inch box mesquite trees along the northern property line to serve as a buffer between the Property and an adjacent residential property. These fast-growing trees were planted approximately two years ago and remain in good health with full canopies. Dynamite has also agreed to regularly water the unimproved, but traversed, portions of the Property for dust management. The Property is impacted by a flood plain as shown on the Site Plan (Exhibit A); however, the Maricopa County Engineering Plan Review staff confirmed that because no permanent structures and only the parking of moveable vehicles are included in this SUP request, drainage improvements are not required. 4 Site Plan The Site Plan (Exhibit A) shows both the existing home, garage, and covered stables. The Property is served by a gravel circular drive, which will remain, to minimize the maneuvering of trucks onsite. This SUP application includes a request to deviate from MCZO 1102.7.1 which requires all driveways and parking areas to be paved. This requirement is best suited for traditional residential neighborhoods or areas of high traffic or frequent patrons; however, considering the rural setting in which this very low trip generating use occurs, such a requirement is out of context and would detract from the rural character of the area. The gravel on the driveway is approximately three inches deep and is regularly maintained to ensure coverage and effectiveness. The SUP area footprint for truck access and parking is approximately 1,000 feet total, with approximately 500 square feet of that area located within an enclosed garage. Due to the small area and low impact of this SUP, no additional site or building improvements are required. Mr. Bruns did, however, install several mature mesquite trees along the northern property line as a buffer to a nearby residential property. These trees were mature at the time of planting approximately two years ago and they remain in good health with full canopies. No traffic impact study should be required due to the very low anticipated daily trips. Compliance with Zoning Ordinance Home Occupations are permitted in the Rural-43 zoning district under Article 501.2.10 Home Occupations in Rural Zoning Districts, which includes a comprehensive list of performance and operational requirements. Recognizing that some home occupations may not align perfectly with each of these requirements, applicants are encouraged to apply for a Special Use Permit under Article 1301.1.18 Home Occupations, Cottage Industry, where the Board of Supervisors are authorized to review such requests on a case-by-case basis to confirm suitability and establish specific requirements for the use. As set forth below, the proposed home occupation satisfies the home occupation requirements as stated in Article 501.2.10; however, because this request is for up to two (2) commercial vehicles to be parked on the Property, an SUP is required. The following outlines the home occupation criteria as provided in Article 501.2.10 and a brief response to each item indicating Dynamite’s conformance. 5 Article 501.2.10 (Home Occupations in Rural Zoning Districts) 10. Home occupations, subject to the following: a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. Mr. Bruns, the owner of Dynamite Water, LLC, resides on the Property. b. The number of persons who are employed in connection with the occupants, but who are non-residents of the dwelling on the property in which the business operates, shall not exceed three, unless the non-resident employees are an immediate family member (spouse, child, sibling, parent, grandparent, grandchild, step-parent, step-child, step-sibling) whether related by adoption or blood. No non-resident employees will report to the property. c. The business shall be conducted entirely within a completely enclosed building, other than allowance for limited outdoor storage per item ‘n’ below. Physical business activity other than storage may occur within the area described per item ‘n’ below except that no mechanical equipment or power tools shall be operated out of doors, and in no instance shall any outdoor activity exceed the height of screening and not to exceed eight (8) feet. Only the parking and occasional light maintenance will occur onsite. Of the two trucks being parked on the Property, one will be kept in an existing enclosed garage, occupying only one-half of the building, and the other will be parked outside, behind the garage out of public view. There will be no customers visiting the property. Any light maintenance performed on either truck will be performed inside the garage. No outdoor use of mechanical equipment or power tools will occur. Activities directly associated with the hauling and delivery of water, including the filling and fueling of trucks and customer interactions, occurs offsite. d. The home occupation shall not interfere with the delivery of utilities or other services to the area. The home occupation will not interfere with the delivery of utilities or services in the area. The home occupation provides critical fire suppression support to the community and as a result, plays a role in providing critical life and property saving services to the area. This use delivers a service to the area. e. The business shall not generate any noise (if the noise would 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 with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. 6 The business occurs off premises. Parking trucks overnight is inherently quiet with the rare, but critical exception of having to respond to a fire emergency. It is important to note that while fire protection support services are provided, the trucks on this Property do not have sirens or auxiliary lights typically found on dedicated fire apparatuses. Dynamite has also committed to managing dust through regular watering of the Property and there will be no presence of vibration, smoke, odors, heat, glare, or electrical interference beyond that of a typical residential use as a result of this business. f. No mechanical equipment or power tools shall be used, except that used 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. Only common household tools and equipment will be used on the Property. Repairs and maintenance done onsite, and the frequency thereof, will be consistent with personal vehicle work performed on vehicles in any residential area. Additional power supplies, drains, or similar elements associated with more intensive automotive repair facilities are not being installed or contemplated for this use. Additionally, because the trucks in question are subject to ADOT inspections, major repairs are performed by certified technicians, thereby limiting the services that can be performed on premises and within the garage. g. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. No toxic, explosive, flammable, or radioactive materials will be used, sold, or stored onsite. Due to the potential for emergency demand for water by Rural-Metro Fire Department, at least one truck will be parked with up to 3,000 gallons of water on board. Trucks will also be parked with full fuel tanks (approximately 80 gallons per truck); however, no bulk fuel storage, sales, or delivery will occur onsite. h. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) square foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance. This business will not degrade the residential appearance of the Property. Access to the Property will remain unchanged and the trucks being parked onsite will be parked out of view. Neither signage nor a secondary business access are being proposed. i. Unless a passenger vehicle accessory to the residence or an employee, not more than one vehicle used in commerce shall be permitted in connection with the home 7 occupation. Said vehicle shall be stored in an enclosed garage. Up to two (2) commercial trucks associated with the home occupation will be parked onsite, one of which will be parked within an enclosed garage. The second truck will remain parked outdoors behind the garage, out of public view. Dynamite Water is requesting that no minimum parking spaces be required considering the primary nature of the use is the storage, or parking, of one truck in an existing garage and the possibility of a second truck being parked behind that garage. There will be no customers or employees visiting the property and therefore no need for dedicated or improved parking spaces. Such spaces would also detract from the rural residential character of the area. j. The number of customers, clients, or students on the premises shall not exceed five at any time. Dynamite Water’s customers are offsite. Customer transactions also occur offsite or online, therefore, there are no anticipated visitors to the Property. More specifically, the primary customer related to the Home Occupation aspect of Dynamite Water is Rural-Metro Fire Department who is served on an as-needed basis. k. No non-resident employees, customers, clients, or students shall be permitted on the premises for business purposes between the hours of 10:00 p.m. and 7:00 a.m. The trucks parked on the Property will be used for emergency support of local fire suppression efforts by the Rural-Metro Fire Department. As such, the ability to set predetermined hours of operation is not possible. Emergency services to Rural- Metro Fire Department are provided by Mr. Bruns. l. Deliveries from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not restrict traffic circulation, and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. Deliveries, if any, will be routine in nature and comparable to those associated with typical residential uses. All water and fuel associated with the home occupation is acquired offsite, thereby limiting deliveries to incidental items only. No aspect of this home occupation will disrupt traffic circulation in the area. m. If the home occupation requires that any non-resident employees, customers, clients, or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 11, Section 1102. Of this Ordinance. The maximum number of additional off-street parking spaces permitted shall be six. No non-resident employees or customers will report to the Property. 8 n. The outdoor storage of materials shall be limited to a maximum of 25% of the total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. Only up to two (2) water delivery trucks will be parked onsite, one of which will be kept within an existing garage and the other, when or if on premises, will be parked behind the garage. Neither the garage nor parking area behind the garage are within a required setback. There is no contemplation of onsite storage, including equipment, materials, or supplies, on the Property. o. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. No additional outdoor lighting is being proposed. p. Deleted per TA2019003 – effective 11-6-20 Noted. q. If these conditions cannot be met, a Special Use Permit per Section 1301 of this Ordinance shall be required. Noted. This SUP has been submitted in accordance with Article 1301.1.18 Home Occupations, Cottage Industry. This Article is largely duplicative of Article 501.2.10 Home Occupations in Rural Zoning Districts, therefore, the responses above remain relevant and consistent. Relationship to Surrounding Properties The property shares the same Rural-43 zoning and similar residential and agricultural uses as the surrounding properties. Living in RVFH for many people means subscribing for hauled potable water, which also means there are challenges in obtaining adequate fire protection. This SUP will assist in reducing the vulnerability of the community by providing Rural-Metro Fire Department with the support it needs to fight structure and brush fires in the RVFH area. Location and Accessibility The Property is located approximately one-quarter mile from the Tonto National Forest, in the northeastern edge of the RVFH area making it a strategic location for fire support. Access to the property is provided by N. 166th Street, which connects to E. Lone Mountain Road, a section line major roadway, to the north. Both streets, like every other street in the RVFH area, are unpaved 9 and unmaintained dirt roads. As a result, all traffic in the area, whether residential, commercial, or recreational, generates dust. The proposed use does not require onsite police or traffic control protection. While the Granite Mountain parcel and the two neighboring Damon Bruns parcels together are larger than 8 acres, under current traffic generation guidelines, Dynamite Water’s truck parking generates fewer vehicle trips than would fully building out the 3 parcels as residential under current zoning (8 single-family homes). Circulation System As is typical for RVFH, access to the property is by unpaved and unmaintained dirt roads. Lone Mountain Road and 166th Street provide access. Circulation for commercial water trucks in the SUP area is shown on the Site Plan. Development Schedule This application does not call for any development or changes to the site. The landscaping identified on the site plan has already been installed. Development of the personal residence on the Granite Mountain property was approved under building permit #B201809804. 10 Community Facilities and Services The RVFH area does not have substantial amenities or parks. The Granite Mountain property is approximately one-quarter mile from the Tonto National Forest. Public Utilities and Services Water and Sewer: Private hauler for water, onsite septic. Food Concessions: Not applicable. Sanitation: Refuse service is provided at the site by Waste Management. Medical Facilities and Fire Protection: The nearest Rural-Metro fire station is located at 164th Street and Rio Verde and provides both fire protection and emergency medical transport. Granite Mountain Investments subscribes to Rural-Metro service, and has provided the necessary plans for the Property to the station. The nearest urgent care/hospital facility is Honor Health located at Scottsdale Road and Thompson Peak Parkway, approximately 17 miles away. Police Services: The property is located within Maricopa County Sheriff’s Office District 7, served from the substation at 16705 E. Avenue of the Fountains, in Fountain Hills. Time of Operation: Trucks will be parked overnight, then leave upon dispatch for Rural- Metro Fire Department. For the ‘second’ truck that may be available for residential water deliveries during times of extraordinarily high demand, it would typically leave the Property at 6:00 a.m. and return by 7:00 p.m. for those days when residential deliveries have been scheduled. Illumination: None. Exhibit A – Site Plan 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 DATE: January 17, 2020 TO : Raymond Banker, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Overnight parking of trucks. Z2019145 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 an Overnight parking of water hauling trucks, at APN# 219-41-045X. Water will be provided by Dynamite Water, MCESD has no concerns. Sewer will be provided by septic system, MCESD has concerns, and NOID must be obtained prior to any construction permit approval. Stormwater - The parcels are not located in the urbanized unincorporated area, and therefore, not regulated by the Maricopa County Stormwater Quality Program. Based on the above MCESD raised no concern to this project to the Planning & Development Department in Accela January 17, 2020 and supports the project to proceed at this time. Stipulations: None. 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. Page 1 of 1 Bob Fedorka, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 www.maricopa.gov/planning Email address: bob.fedorka@maricopa.gov Planning & Development Engineering Plan Review Date: July 31, 2023 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Development Attn: Joseph Mueller, Planner, Planning & Development Services From: Robert Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2019145 – Special Use Permit – Dynamite Water, LLC (E3 Memo) Job Site Address: 31222 N. 166th Street, Scottsdale APN(s): 219-41-045X PND Engineering Plan Review (DPR, FCDMC and PND Transportation) has reviewed the 4th Planning submittal (3rd Engineering) of the subject application routed for review on 7/25/2023. The application has been revised to reduce the number of vehicles to be stored on the site to two (2) thus negating the need for grading and drainage improvements. PND Engineering has no objections provided the following conditions are made part of any approval. 1. Application for a fence and floodplain use permits to construct the required site improvements must be submitted within six (6) months of BOS approval. 2. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval. 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. Please contact me if you have any questions or require any additional information. From: Rachel Applegate (PND) To: Ray Banker (PND) Subject: FW: Date: Monday, August 31, 2020 12:37:53 PM Importance: High From: Kip Micuda <kip@hildebrandlaw.com> Sent: Monday, August 31, 2020 12:22 PM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Cc: 'Water John Rio Verde Cell 9198. Office 5547' <jhornewer@rioverdewater.com>; Carmela Lizzo <carmela@camelbackadventures.com>; Jen Pokorski (PND) <Jen.Pokorski@Maricopa.Gov>; Page Gonzales (BOS) <Page.Gonzales@maricopa.gov> Subject: FW: Importance: High Rachel: I just received the following posting from an attorney for Dynamite Water. His comments are intended to confuse the issues. First, he gives no reason whatsoever for disallowing two (2) trucks in the proposed rule. The reason is plain; to avoid every water hauler from needing to file for special use. Dynamite Water opposes two (2) trucks because it views the Special Use process as a competitive advantage. Further, the rule should be viewed as an effective means to preclude special use as Dynamite Water seeks. Second, as to spacing between trucks, there is no use permit process nor would one be required. There are many examples of the County imposing distance and spacing limits. This is no different. If someone moves in an area with a water hauling truck, that person should inquire as to whether others are already parked within the space. If one is, he cannot use his property. First come, first serve. The vehicle’s registration with address will likely evidence when the truck was moved to a lot. This is much more simple than counsel asserts, which is why his explanation is vague and conclusory. I ask these comments to be included in materials on the rule and Dynamite Water’s special use permit. Thank you, Kip M. Micuda Attorney Hildebrand Law, P.C. 4900 N. Scottsdale Rd., Suite 1500 Scottsdale, Arizona 85251 Telephone: 480-305-8300 Fax: 480-305-8303 Kip@hildebrandlaw.com • www.hildebrandlaw.com This e-mail message, and any attachment(s) hereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any use, dissemination, distribution or copying of this e-mail message, and/or any attachment hereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail at Kip@hildebrandlaw.com and permanently delete the original and any copy of this message, its attachment(s), and any printout thereof. Thank you.