Vote: approved

Item Text

PZ-4. JACKRABBIT NURSERY Case #: Z2015020 Supervisor District: 4 Applicant & Owner: Michael Campbell /Hazel Linsenmeyer Leonard Request: Special Use Permit (SUP) – for a retail plant nursery in the Rural-43 zoning district Site Location: Located approximately 725’ from the southeast corner of Broadway Rd. and Jackrabbit Trl. on the east side of Jackrabbit Trl in the Buckeye area. Site Size: Approximately 5.2 ac. Commission Recommendation: On 1/7/16, the Commission voted 8-0 to recommend approval of Z2015020 subject to conditions ‘a’ – ‘m’: a. Development and use of the site shall comply with the site plan entitled “Jackrabbit Nursery”, consisting of four (4) full-size sheets, dated November 5, 2015, and stamped received November 6, 2015, except as modified by the following conditions. b. Development and use of the site shall comply with the narrative report entitled “Special Use Permit – Renewal of Z2001119”, consisting of eight (8) pages, dated revised November 5, 2015, and stamped received November 6, 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. The applicant shall resolve all water/wastewater issues on the site in cooperation with Maricopa County Environmental Services Department’s Drinking Water Program and Onsite Wastewater Management Program within 90 days of BOS approval. f. All driveways within County rights-of-way shall be paved and maintained with asphalt or concrete. Any improvements within Jackrabbit Trl. right-of-way will require a right-of-way permit. g. 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. h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. i. Should the Special Use Permit expire or be removed, all structures not meeting the development standards of the Rural-43 zoning district shall be removed within 60 days. This would include but not be limited to the singlewide trailer located near the southeast corner of the property and the three (3) shade structures located in the northeast corner of the property. j. All unpermitted structures shall obtain proper permitting within 90 days of the Board of Supervisors approval or be removed. k. 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. l. 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. m. 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-44-16-040-M-00)