Vote: approved

Item Text

PZ-3. SOLDIER’S BEST FRIEND Case #/Title: Z2013013 P&Z Agenda Item: 3 Supervisor District: 4 Applicant: John Burnham Owner: Soldier’s Best Friend Request: Special Use Permit (SUP) for a dog kennel operation and training facility in the Rural-43 zoning district Site Location: Generally located at the southeast corner of 75th Ave. and Acoma Dr. Site Size: Approx. 1.32 acres Commission Recommendation: Approval by a vote of 9-0 subject to the following conditions ‘a’ – ‘l’: a. Development of the site shall comply with the Site Plan, “Grading, Drainage, and Site Plan- Soldier’s Best Friend” consisting of two (2) sheets stamped received July 22, 2014. b. Development of the site shall be in conformance with the Narrative Report, “Soldier’s Best Friend Kennel & Training Facility” consisting of six (6) pages, stamped received on July 22, 2014. c. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. d. This Special Use shall expire ten (10) years from Board of Supervisors Approval. e. The applicant shall submit a written report outlining the status of the development at the end of five (5) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. f. All necessary building permits must be obtained for proposed changes. g. The number of dogs kenneled on the property shall be limited to four (4). h. The following Drainage Plan Review conditions shall apply: 1. Drywells used for drain down of the subsurface retention system shall be a Maxwell-Plus type drywell system. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 3. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards. 4. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. i. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. j. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). k. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. l. 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 is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, 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 stipulations, 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. (C-44-15-026-M-00)