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Planning commissioners approve five-year special use permit for Keith storage yard amid neighbor concerns about noise

3020930 · April 16, 2025
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Summary

The Maricopa County Planning and Zoning Commission on April 10 approved a five-year special use permit allowing storage of commercial trucks and empty roll-off bins at 17442 E. San Tan Blvd., voting 6-0 after neighbors raised noise and access concerns and staff added revised stipulations.

On April 10, 2025, the Maricopa County Planning and Zoning Commission voted 6-0 to recommend approval of SU240008, a five-year special use permit for a 1.8-acre interim industrial storage yard at 17442 East San Tan Boulevard. The permit allows parking of up to seven commercial vehicles and temporary storage of empty roll-off bins on land zoned RU-43 in the Chandler Heights/Queen Creek area.

The permit application was presented by attorney Bridal Ray on behalf of property owner Mike Keith. Planning staff recommended approval subject to conditions a through o, with revised language to stipulations J and L included in a handout to the commission. Staff noted the use is limited to storage of empty bins and parked vehicles; there is no on-site compaction or acceptance of refuse at the property. Darren (planning staff) told the commission the applicant had submitted revisions and that McDowell roadway/access requirements would be evaluated by the county's transportation systems management and operations (TISMO) as part of the revised stipulation.

Neighbors who spoke at the hearing were split. Richard Moss, who said his property directly adjoins the site, supported the permit, saying there was "no discernible offensive aroma whatsoever" and that the applicant had made "extensive capital improvements." Patrick Cardez, who identified himself as Mike Keith's business partner and day-to-day operator, described the business as local and limited in hours: "We don't operate on the weekends ... we're done by 3:00 most days." He also said they hire locally and intend to be "good neighbors."

Opponents said the property already functions as an industrial yard and that noise and activities have disturbed adjacent residential-agricultural properties. Sally Skirball, who said her property is east of the site, said trucks, stacked bins and occasional banging had been disruptive and described a past large bonfire that prompted a Gilbert fire response. Devony Kelsh, who said she shares the driveway with the Keith property, voiced concern about backup beepers, banging noises and who might occupy the property if it were sold. "It's mostly the noise," Kelsh said, and asked whether truck access could be limited to the larger driveway on San Tan Boulevard.

Ray and the applicant acknowledged there are backup beepers on the large trucks for safety and said the bins are not stackable. Ray said primary access would be from San Tan Boulevard, noting an easement on the east side provides legal access for the adjacent property owner and that the applicant will not block that access. Planning staff confirmed the SUP is limited to five years; zoning entitlements run with the land but the SUP will expire if the use is discontinued or abandoned (staff noted a 90-day abandonment rule for enforcement).

Commissioners discussed whether the use was appropriate in an RU-43 district but said the applicant had worked with staff on detailed site plans, narratives and stipulations intended to limit impacts. Commissioner Hernandez said the five-year term "seems appropriate," and Chairman Lindblom said the stipulations should allow neighbors "to enjoy the quiet use and enjoyment with some minimal impacts." Commissioner Layton moved approval; Chairman Lindblom seconded. The motion carried 6-0.

Clarifying details provided at the hearing included the site's size (1.8 acres), the stated maximum number of commercial vehicles (seven), the types of uses allowed (parking of trucks and temporary storage of empty roll-off bins; no on-site compaction or refuse acceptance), and the revised stipulation requiring evaluation by TISMO of the western driveway's permitted access. Planning staff said six letters of support and three letters of opposition had been received prior to the hearing.

The commission's action is a recommendation to the Board of Supervisors (as standard for zoning actions); the five-year SUP will be subject to the listed conditions and the revised stipulations referenced at the hearing. Neighbors seeking enforcement or changes would return to the commission or county staff if the conditions are violated or if the use is discontinued and a different use appears.

Votes at a glance: SU240008 — Motion to recommend approval of the five-year special use permit subject to conditions a–o and revised stipulations J and L. Mover: Commissioner Layton; Second: Chairman Lindblom. Vote: 6 yes, 0 no.

Ending: The commission noted the five-year term provides a mechanism to revisit impacts; staff will track compliance and the county's TISMO unit will review driveway/access restrictions per the revised stipulation.