SPECIAL USE PERMIT: HOLIDAY HOUND HOUSE - Z2008006_BOS REPORT_09-03-2008.DOC

Maricopa County — Formal (2008-09-03)

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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.]