Extracted text (via pymupdf)
12322 characters
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. DATE: December 7, 2023 TO: Planning & Zoning Commission From: Darren Gérard, AICP Planning Manager SUBJECT: Z2019145 – Dynamite Water LLC Agenda Item: 7 Since publication of the staff report, staff received five additional emails of public comment, four in support and one in opposition. Attachments: Support (4 pages) Opposition (4 pages) 1 Joseph Mueller (PND) From: Dawn Houghtaling <dawn.houghtaling@gmail.com> Sent: Monday, December 4, 2023 12:46 PM To: Joseph Mueller (PND); apruett@bfsolaw.com Subject: Case #:Z2019145 Dynamite water LLC This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. To Whom it May Concern, My name is Dawn Houghtaling and I reside at 16623 E Creosote Drive Scottsdale AZ 85262, 3 lots away from the property in which Dynamite Water LLC is applying for the special use permit to park their water trucks. I fully support this special use permit being issued (case #: Z2019145) for Dynamite Water LLC to park their trucks on their property located about 300' south of 166th St and Lone Mountain Rd. Thank you, Dawn Houghtaling 16623 E Creosote Drive Scottsdale AZ 85262 480-369-4665 Dawn.houghtaling@gmail.com 16612 E Creosote Dr. AZ 85262 (480) 241-8676 Jacqueline.Creedon@yahoo.com December 4, 2023 Dear Mr. Mueller, Regarding Case Number # Z2019145. I, Jacqueline Creedon, support a Special Use Permit for a cottage industry in the Rural-43 Zoning District allowing for 2 commercial water trucks to be parked on a 4.75 acre residential property generally located about 300’ south of 166th St. and Loan Mountain Road in the Rio Verde area. I live at 16612 E. Creosote Dr. in the Rio Verde area. Sincerely, Jacqueline Creedon 1 Joseph Mueller (PND) From: C R <stagecoach92@msn.com> Sent: Monday, December 4, 2023 9:13 AM To: apruett@bfsolaw.com; Joseph Mueller (PND) Subject: Damon Bruns case #z2019145 Dynamite Water LLC This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. Good morning, My name is Cathy Rohrer and I live the closest to Damon Bruns in the above case number, just east of his property. Our address is 16605 East Creosote Dr., Scottsdale, AZ, 85262. Our parcel number is 219–41–079. We have lived at this location for almost 20 years and I am writing in support of the above mentioned case number. When Damon‘s property was purchased and the first building went up, he made sure that it was aesthetically pleasing to the desert environment. This was the same circumstance when his house was built on the same property. We have no concerns with the number of water trucks in question to be parked on this property. I understand it will include one in the building and one allowed outside the building. We do not experience water trucks coming and going from the area and we have no concerns with noise. I work from home and my office faces Damon‘s property, and I have never had an issue with noise that would affect my workday. We also do not experience truck traffic at night. Damon and Dynamite Water are a huge asset to the Rio Verde Foothills community. I personally think that it’s reassuring knowing that a water truck is close by in case of a wildland fire in our area. He has a contract with Rural Metro Fire and with his assistance providing water to them when fires have occurred in the past, it has prevented the fires from getting out of control and endangering our homes and lives. He also has a contract with the United States Forest Service to provide support for wildland fires, and has equipment to do so nearby. Without city water lines it is imperative that water be available quickly to avert these circumstances and is very much appreciated not only by our family, but by others in the community. I also want to mention the home delivery side of Dynamite Water and how they play a crucial part in providing water to the community. With the City of Scottsdale shutting off water to our area on January 1, 2023, it became imperative for Dynamite Water to have another plan in place for obtaining water. They went over and above to obtain safe, clean and affordable potable water for our community without any disruption in water services being delivered to families. In closing, we fully support the special use permit application and welcome the water services in our area. If you have any questions, please feel free to reach out to me. Thank you, Keith and Cathy Rohrer 1 Joseph Mueller (PND) From: Robyn Fiegle <rmfigs2013@gmail.com> Sent: Monday, December 4, 2023 10:09 AM To: Joseph Mueller (PND) Subject: Case#Z2019145 Dynamite Water,LLC This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. To whom it may concern, We are a Direct Neighbor to the North and share a fence line with Damon Bruns Dynamite Water LLC. We have lived here for a couple of years, and rarely see trucks coming and going. Personally, I feel there is no difference between their trucks and Fed Ex, Republic Garbage etc. We have a pool and utilize our backyard a lot and have not been bothered by the trucks coming and or going. We went to the Rural Metro pancake breakfast this past summer and learned that Rural Metro has a partnership with Dynamite Water. That being said, knowing Dynamite Water supports Rural Metro makes me feel a sense of security knowing I have Dynamite Water so close. In closing I am in full support of the SUP for Home Occupation, Case# Z2019145- Dynamite Water LLC. Robyn & Dave Fiegle Parcel# 219-41-153 16515 E, Lone Mountain Rd, Scottsdale, AZ 85262 Thank you, Robyn Fiegle 1 Joseph Mueller (PND) From: Michael Weng <miweng@yahoo.com> Sent: Monday, December 4, 2023 9:25 PM To: Joseph Mueller (PND) Subject: RE: Case # Z2019145 Special Use Permit Objections. This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. Joseph.Mueller@maricopa.gov <joseph.mueller@maricopa.gov> Mr Mueller : VIA: Joseph.Mueller@maricopa.gov <joseph.mueller@maricopa.gov> RE: Case # Z2019145 Special Use Permit Objections. This concerns Case #: Z2019145. The two lots owned by the Weng Family LLC 219-41-045V and 219-41-045W are directly south of property of Dynamite Water LLC. This amounts to a 33.7% shared border and 10 acres of land. I am against the request for a special use permit for a cottage industry in the Rural -43 zoning district to allow for two commercial water trucks to be parked on a 4.75 acre residential property generally located 300' south of 166th St. and Lone Mountain Rd. in the Rio Verde area. This will only create more noise and traffic adjacent to our property and decrease its value as a residential piece of property. This applies not only to me as a landowner adjacent to this property but also to the other residential property owners as well. My access to my properties already involves driving by the entrance to Dynamite Water LLC and already creating a noise and access issue. Speaking to the other neighbors there has already been a noise complaint with this company. Please register my objections to this special use permit. This should apply to the Planing and Zoning Commission meeting on Thursday, December 7, 2023 at 9:30 AM. Please register my objections to this special use permit. This should also apply to the Board of Supervisors meeting on Wednesday, January 24, 2024 at 9:30 AM. I thank you, as well as the Planing and Zoning Commission and the Board of Supervisors for noting my objections. 2 Very Truly Yours, Michael S Weng, Manager Weng Family LLC 3 4 1 Joseph Mueller (PND) From: Julie Carbon <juliecarbon11@gmail.com> Sent: Thursday, December 7, 2023 8:57 AM To: Joseph Mueller (PND) Subject: Case No. Z2019145 Special Use Permit Objections This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. Mr. Mueller, This is with regards to the request by Dynamite Water for a special use permit located on residential property south of 166th Street and Lone Mountain Rd., in Rio Verde area. This is a residential and rural area. People move out here because it’s quiet and to get away from noisy commercial entities. This operation will create considerable noise, dust and traffic and reduce the property value in this area. This is an area that has thousands of horses and people ride through the neighborhood regularly. As well as kids on bikes. And this kind of traffic is not conducive to that. Please register my objections to this special use permit. They should apply to the planning and zoning commission meeting on Thursday, December 7, 2023 at 9:30 AM and should also apply to the meeting on Wednesday, June 24, 2024 at 9:30 AM. Or anywhere else it should be noted. Thank you for your time and effort regarding this issue. Julie Carbon 14908 E Dale Lane Scottsdale, AZ 85262 408-524-8087 Sent from my iPad