SPECIAL USE PERMIT: HOLIDAY HOUND HOUSE - Z2008006_BOS REPORT_09-03-2008.DOC
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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Commission Hearing Date: July 24, 2008 Board Hearing Date: September 3, 2008 (Continued from August 20, 2008) Case #: Z2008006 – Holiday Hound House Agenda Item: 1 Supervisor District: 1 [Note: Super-majority vote of the BOS is required for SUP approval due to neighborhood opposition.] Applicant/Owner: Deborah Mullen Request: Special Use Permit (SUP) for a kennel and grooming business in the Rural-43 RUPD zoning district Site Location: North of Hunt Hwy. and west of Valencia Ave. (in the Chandler Heights area) Site Size: Approx. 1.2 gross acres Density: N/A County Island Status: Class Ia (Town of Gilbert, Town of Queen Creek, Gila River Native American Community) County Plan: The Queen Creek Area Plan designates the site as Suburban Residential (0-2 d.u./ac.). The proposed SUP is not in concert with the plan. Municipal Plan: The Town of Queen Creek designates the region as Very Low Density Residential (0-1 d.u./ac.). The request does not appear to be in concert with the plan. Municipal Comments: The Town of Queen Creek recommended a 10 yr. SUP time frame. Support/Opposition: A petition of support with 16 signatures and five (5) letters of support have been provided from neighbors and clients of the applicant’s existing facility in Gilbert. Four (4) emails of opposition were attached to the staff report to the Planning & Zoning Commission. Since then, an additional two (2) emails, seven (7) letters, and a petition with 18 signatures have been received in opposition to the request. Opposition represents six of the surrounding twelve properties, and triggers requirement for a super- majority vote of the BOS for SUP approval. Existing On-Site and Adjacent Zoning and Land Use: On-site RU-43 RUPD/ Single-family residential North: RU-43 RUPD/ Chandler Heights Irrigation District easement (Stacy Rd.) then single-family residential South: RU-43 RUPD/ Single-family residential East: RU-43 RUPD/ Valencia Ave. then Chandler Heights Irrigation District facility and agriculture (citrus orchards) West: RU-43 RUPD/ Single-family residential and agriculture (citrus orchards) Staff Recommendation: Staff recommended the Commission motion for continuance to a date certain of September 17, 2008 for the following reasons: Allow time for the applicant to work out remaining neighborhood opposition. Revise a few technical aspects on the site plan. Revise a few technical aspects in the narrative report. Additional Comments: The Commission action was based on suggested staff alternative for approval subject to stipulations ‘a’ – ‘bb’ as listed in the staff report but with modified language to stipulation ‘a’ calling for a revised site plan. The applicant has now submitted both a revised site plan and narrative report, thus any motion for approval should include revised stipulations (from the Commission recommendation) as follows: a. Development of the site shall comply with the site plan entitled “Holiday Hound House / Animal Boarding Facility”, consisting of one (1) full-size sheet, dated revised March 20, 2008, and stamped received May 30, 2008, and a Floor Plan consisting of one (1) full-size sheet stamped received August 8, 2008, except as modified by the following stipulations. Within 30 days of Board of Supervisors approval the applicant shall submit a revised plan to the Planning and Development Department that satisfactorily addresses outstanding staff concerns. a.b. Development shall be in conformance with the narrative report entitled “Narrative Report Revision #2… Holiday Hound House”, consisting of thirteen (13) pages, dated August 4, revised April 15, 2008, and stamped received April 16 August 8, 2008, except as modified by the following stipulations. Further, staff notes an inconsistency in the language of Commission recommended stipulation ‘d’ that should be clarified, as follows: d. The facility shall board animals seven (7) days a week, with office hours from 8:00 a.m. to 6:00 p.m. and with pick up and drop off hours limited to 8:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m. Commission Recommendation: Approve by a vote of 5-2 subject to the following stipulations ‘a’ - ‘bb’: a. Development of the site shall comply with the site plan entitled “Holiday Hound House / Animal Boarding Facility”, consisting of one (1) full-size sheet, dated revised March 20, 2008, and stamped received May 30, 2008, except as modified by the following stipulations. Within 30 days of Board of Supervisors approval the applicant shall submit a revised plan to the Planning and Development Department that satisfactorily addresses outstanding staff concerns. a.b. Development shall be in conformance with the narrative report entitled “Narrative Report Holiday Hound House”, consisting of thirteen (13) pages, dated revised April 15, 2008, and stamped received April 16, 2008, except as modified by the following stipulations. b.c. This Special Use Permit (SUP) shall expire ten (10) years from the date of approval by the Board of Supervisors or upon termination of the use, whichever occurs first. c.d. The facility shall board animals seven (7) days a week from 8:00 a.m. to 6:00 p.m. with pick up and drop off hours limited to 8:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m. d.e. The following Maricopa County Environmental Services Department (MCESD) stipulation shall apply: No animals may be housed at the proposed kennel facility prior to the installation and approval of a new septic system to serve the facility. e.f. Access to the facility shall be from Valencia Rd. only. f.g. The daily outdoor exercising and potty time for the animals shall be limited to the following schedules, Summer is designated as May through October, and Winter is designated as November through April. 1. Summer hours: 6:00 a.m. to 9:00 p.m. 2. Winter hours: 7:00 a.m. to 9:00 p.m. g.h. All trees shall be double-staked when installed. h.i. The kennels shall be constructed with noise attenuation on all exterior walls. i.j. The site shall be maintained and cleaned daily with solid wastes bagged for pick-up twice a week by the refuse company j.k. Barking dogs shall not be allowed into the exterior potty/exercise area. k.l. At no time shall dogs be allowed to roam the property unsupervised. No boarded dogs shall be outside in the exercise yards unless someone is at the facility. l.m. The number of dogs in the kennel shall be limited to 10. m.n. The number of cats in the kennel shall be limited to 5. n.o. The kennel operation shall strictly comply with the provisions of Chapter XI (Animals) of the Maricopa County Environmental Health Code. o.p. The driveway and parking areas as shown on the site plan must meet the EPA requirements for dust control. Decomposed granite and pea gravel are not acceptable methods of dust control. p.q. The use shall be monitored for one (1) year for dust generation on Valencia Rd. This shall be addressed in the Status Report. q.r. A building permit and a drainage clearance must be approved prior to constructing any fencing on site. r.s. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be screened. s.t. All outdoor lighting shall conform with the Maricopa County Zoning Ordinance. t.u. Development and use of the site shall comply with requirements for fire hydrant placement and other fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. u.v. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. v.w. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction. w.x. The applicant shall submit a written report outlining the status of the development at the end of one (1) and eight (8) 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 stipulations. x.y. Major changes to the Special Use Permit shall be processed as a revised application, with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. Major changes to the Special Use Permit may require a new Citizen Participation Process as determined by the Planning and Development Department. y.z. 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 the Maricopa County Zoning Ordinance. z.aa. 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. aa.bb. Property owner and his successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with stipulations. Planner: Jonce Walker, Planner Reviewed by: Darren V. Gerard, AICP, Deputy Director Attachment/s: Opposition Map Support correspondence (5 Pages) Opposition correspondence post-P&Z (17 pages) July 24, 2008 P&Z packet (44 pages) [Note: July 24, 2008 P&Z minutes are not yet available.]