Vote: approved

Item Text

PZ-6. TB&D NURSERY Case #: Z2015060 Supervisor District: 2 Applicant & Owner: Ralph Pew/Husker Group, LLC Request: Special Use Permit (SUP) for a retail plant nursery in the Rural-43 zoning district Site Location: Generally located at the southwest corner of 54th St. and Dixileta Dr. in the north Phoenix area Site Size: Approximately 3.22 ac. Commission Recommendation: On 1/7/16, the Commission voted 8-0 to recommend approval of Z2015060 subject to conditions ‘a’ – j’: a. Development and use of the site shall comply with the site plan entitled “TB&D Nursery”, consisting of one (1) full-size sheet, dated November 25, 2015, and stamped received November 25, 2015, except as modified by the following conditions. The applicant shall submit a revised site plan showing the corrected fencing and removal of the 20’ road easement or obstructions within said easement along the east property line within 30 days of Board of Supervisors approval. b. Development and use of the site shall comply with the narrative report entitled “TB&D Nursery Application for Special Use Permit; Z2015060 Narrative Report”, consisting of six (6) pages, dated revised November 6, 2015, and stamped received November 9, 2015, except as modified by the following conditions. c. This Special Use Permit shall expire 15 years from the date of approval by the Board of Supervisors, inactivity for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. d. The applicant/owner shall submit a written report outlining the status of the development at the end of 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. e. All driveways within County rights-of-way shall be paved and maintained with asphalt or concrete. Any improvements within Dixileta Drive Right-of-Way will require a Right-of-Way permit. f. Interior circulation and parking areas shall be dust-proofed with an approved dust palliative acceptable to the Department of Transportation and the Environmental Services Department. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. i. 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. j. 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. (C-44-16-038-M-00)