07. Z2019105 Staff Report
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Z2019105
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2019105 – Saving Paws
Hearing Date:
July 27, 2023 (Continuance from January 16, 2020)
Supervisor District:
3
Applicant:
Michelle Santoro, Gammage & Burnham, PLC
Owner:
Saving Paws Rescue, Trisha Houlihan
Request:
Special Use Permit (SUP) for Dog Rescue Facility and Kennel in Rural – 43
zoning district.
Site Location:
Generally located 300’ west of the northwest corner of 15th Ave. and Irvine
Rd. in the Phoenix area.
Site Size:
Approximately 5 acres
Density:
N/A
County Island:
No
County Plan:
Daisy Mountain/New River – Rural Development Area (0-1 d.u./ac)
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
58 Support / 3 Opposition
Recommendation:
Approve with conditions
Z2019105
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Project Summary:
1.
The applicant is requesting a Special use permit (SUP) to provide for a dog rescue/rehabilitation
facility and kennel. The subject property is zoned Rural-43, comprises approximately 5 acres, and
is developed with residential uses. Case Z2019105 is a continuation case from January 16, 2020
where an indefinite continuance was requested. The applicant resubmitted April 11, 2023 due to
a plan of compliance to violation case V202201327 on the subject property.
2.
Saving Paws Rescue AZ (SPRAZ) is a 501(c)(3) charitable organization operating in Phoenix since
2012. SPRAZ maintains three part-time employees and volunteers with services including
medical care, rehabilitation, and re-homing for German Shepherds, Belgian Malinois and other
dogs. SPRAZ acquired the subject property in 2018 with the intent of opening a new facility in an
area characterized by rural/residential uses and approximately one-to-ten-acre properties. All
neighboring properties are zoned Rural-43.
3.
The development will consist of a new 3,000 square foot residential home that will be connected
to two kennel wings. Each wing will consist of ten individual, air-conditioned kennels with
automated drinking water systems and floor drains, for each individual dog. Each individual
kennel will have direct access to individual shaded exterior yards, each separated by a 6- to 8-
foot-high masonry wall that will serve as a visual barrier and provide sound control. At the center
of the rescue facility, a small garden, swimming pool, central rehabilitation area, and three small
screen training spaced will be provided.
4.
In order to reduce noise and minimize interaction with other dogs and humans, a 6-foot CMU solid
screening wall will be provided around the outdoor kennel yards and adjacent properties.
Rotational potty breaks will start at 6:00 a.m., 1-3 dogs at a time, until 8:00 a.m. for the morning,
and from 2 p.m. to 6:00p p.m. for the afternoon, with medication distribution, feeding, and
cleaning/disinfecting the kennels and outdoor yards. All dogs are proposed to be placed back in
their indoor kennels no later than 8:00 p.m.
5.
All outdoor areas will be inspected several times a day for waste pickup and will be sprayed once
a week with cleanser to provide a safe and clean environment for the dogs, employees, and
neighbors. All waste is properly disposed into plastic lined 5-gallon containers with lids.
Additional containers are filled with water and bleach for poop scoopers. All waste containers will
be emptied once a day into the weekly pick-up waste management containers.
6.
Potential customers and adopters will only be allowed to visit the property by appointment, not to
exceed 3 per day. Deliveries will only occur between the hours of 8 a.m. and 5 p.m.
Z2019105
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2023 Aerial Image of the Site
Zoning of the Site and Adjacent Properties
Z2019105
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Existing On-Site and Adjacent Zoning / Land Use:
7.
On-site:
Rural-43 / Residential
North:
Rural-43 / Residential
South:
Rural-43 / Residential
East:
Rural-43 / Vacant
West:
Rural-43 / Residential
Utilities and Services:
8.
Water:
Well / Storage Tank
Wastewater:
Private septic system
School District:
Deer Valley Unified / Western Maricopa Education Center (MEC) Technical
Fire:
Daisy Mountain
Police:
Maricopa County
Right-of-Way:
9.
The table on the following page includes existing and proposed half-width right-of-way and the
future classification based on the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.
Street Name
Half-width
Existing R/W
Half-width Proposed R/W
Future Classification
Irvine Road
30 feet
0
Local
Adopted Plans:
10.
Daisy Mountain/New River Area Plan (adopted April 7, 1999): Designates the subject property as
Rural. The proposed SUP does not result in any changes to the land use designation.
11.
City of Phoenix, General Plan (adopted October 1985, Revised April 16, 2019): Identifies the
subject property as Undesignated Area. The proposed SUP does not result in any changes to the
land use designation.
Public Participation Summary:
12.
The applicant met minimum ordinance requirements for outreach with the posting of the property
and the notification to all property owners of record within 300 feet of the subject site. Since the
resubmittal staff has received three letters of opposition and fifty-eight letters of support. The
letters of opposition state concerns regarding the use not being appropriate for a residential area
due to the noise and traffic the use attracts to the subject site.
Outstanding Concerns from Reviewing Agencies:
13.
N/A
Staff Analysis:
14.
The SUP would rectify a code violation for running a business on the site. A compliance
agreement was executed on March 15, 2023, where the applicant agreed to bring the property
Z2019105
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into compliance no later than October 31, 2023. Additionally, construction of the single-family
residence is in progress under building permit B202011857. Once the single-family residence is
finished and has received final inspection, the use will fall under a home occupation, allowed in
the Rural-43 zoning district (MCZO Article 501.2.10), per Department Directive DD-2019, effective
December 3, 2019.
15.
Staff notes the concerns for noise disturbance. The Noise Ordinance (P-23) was adopted
February 15, 2006 and is regulated and enforced by MCSO. The purpose of P-23 states:
At and above certain levels, noise is detrimental to the health and welfare of Maricopa County
citizens. Therefore, Maricopa County has determined that it is in the best interest of its citizens to
control noise in a manner which promotes commerce; the use, value, and enjoyment of property;
sleep and repose; and environmental quality. Therefore, it is hereby declared to be the policy of
Maricopa County to prohibit excessive, unnecessary, disruptive, and annoying noises from all
sources. The noise ordinance applies to properties within unincorporated Maricopa County.
V. Public Disturbances
A. It shall be unlawful for any person to cause, or for any person in possession of property to
allow to originate from the property, any noise which disturbs the peace or quiet of any
neighborhood if such noise can be heard from within closed residential structures located
within 500 feet of the boundary of the property from which such noise emanates. This
subsection shall not apply to noise produced in the normal conduct of business provided
that such noise occurs within the normal and customary hours for the conduct of such
business, which is based on the normal and customary hours of operation of similar, existing
businesses, and the operation is legally conducted within the scope of all ordinances, laws,
and statutes of Maricopa County and the State of Arizona.
16.
Staff supports this SUP request for a cottage industry. Staff notes the property owner has been
actively running the use without the proper entitlements per violation case V202201327, and
placing a time limit for this SUP of ten (10) years is justified because this will allow an opportunity
to measure the land uses impact on the surrounding area. During this time the property owners
will be provided sufficient time to finalize the single-family residence and the use would be
allowed to be operated as a home occupation by-right in the Rural-43 zoning district, as long as
the home is occupied.
Recommendation:
17.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2019105 subject to the following conditions ‘a’ – ‘l’:
a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Special Use Permit for Saving Paws Rescue“, consisting of one full-size sheet, dated
August 21, 2019, and stamped received April 13, 2023, except as modified by the following
conditions. Staff may determine slight refinements to remain in substantial conformance
with the approved site plan. Minor and major amendments to the site plan will be
determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Saving Paws Rescue Arizona”, consisting of five pages, dated April 12, 2023, and
stamped received April 13, 2023, except as modified by the following conditions.
Z2019105
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c.
The following Planning Engineering conditions shall apply:
1.
Final grading design shall ensure that the developed portion of the site drains to
the retention basin.
2.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
d.
This special use permit is valid for a period of ten (10) years and shall expire on August
23, 2033, or upon the termination of the use for a period of 90 or more days, whichever
occurs first. All site improvements associated with the special use permit shall be
removed within 90 days of such expiration or termination of use
e.
Training and exercise area may not exceed 25% of the total parcel and the outdoor area
must be visually screened by a solid wall or buildings adjacent to any residential or rural
zoning district.
f.
The number of customers/adopters shall not exceed five at any time, and shall only occur
between the hours of 8 a.m. to 5:00 p.m.
g.
All dogs shall be placed indoor, within the designated kennels, and only allowed outdoors
on a rotational routine between the hours of 6 a.m. and 8 p.m.
h.
This SUP allows the property owner to host up to a maximum of four (4) fundraiser or non-
profit events per calendar year that exceed the three (3) volunteer person limit. The
Property owner shall notify Maricopa County at least two weeks in advance of such
events, including the date and hours of the event, which shall not exceed three (3) hours
in length per event.
i.
Volunteers are considered employees. Therefore, the total number of non-resident person
who volunteer and/or employed in connection with the business and are not an immediate
family member as defined by ARS § 11-820, shall not exceed three (3); except for special
fundraiser or non-project events.
j.
Any outdoor lighting shall be in conformance with the provisions of Section 1112 of the
Zoning Ordinance and shall be placed so as to reflect light away from any adjoining rural
or residential zoning district.
k.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating
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 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
Z2019105
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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.
Presented by:
Paola Jaramillo, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (5 pages)
Engineering comments (2 pages)
MCESD comments (1 page)
V202201327 Compliance Agreement (3 pages)
Department Direction DD-2019 (1 page)
Opposition (5 Pages)
Support (75 Pages)
Support & Opposition Map (1 page)
11315.1.2313208.2
Special Use Permit
1538 W. Irvine Road
Phoenix, AZ 85086
40 N. Central Avenue, 20th Floor
Phoenix, AZ 85004
Case#: Z2019105
1st Submittal: September 19, 2019
2nd Submittal: October 25, 2019
3rd Submittal: April 12, 2023
11315.1.2313208.2
I.
Purpose of Request
Saving Paws Rescue AZ (“SPRAZ”) is
requesting a Special Use Permit for
approximately 5.28 acres of property
located at 1538 West Irvine Road
(“Property”) for a dog kennel (“rescue
facility”), as shown on the image to the
right. The Property is generally located
in the north Phoenix area of Maricopa
County, approximately 3 miles east of
the I-17 and north of Carefree Highway
and is identified as APN 211-50-019N.
II.
Description of Proposal
In 2012 while volunteering at the Maricopa County Animal Care and Control facility,
SPRAZ’s founder, Trisha Houlihan, was saddened by the volume of German Shepherds
being listed for euthanasia. She recognized that there were very little resources for the
rescue of this special dog breed and decided then that she would use her skills and
knowledge to form SPRAZ. For more than 10 years now, SPRAZ, a 501(c)(3) charitable
organization, has been providing medical care, rehabilitation, and re-homing for German
Shepherds, Belgian Malinois, and as well as other dogs. What started out as a small group
of volunteers using foster homes and
boarding facilities has grown into a
rescue saving more than 200 dogs every
year. Unfortunately, the demand for
homes for abandoned dogs continues
and necessitates the development of the
proposed facility. SPRAZ continues to
work closely with the Maricopa County
Animal Care and Control facilities, New
Hope Partner, Phoenix Animal Care
Coalition
Rescue
Partner,
Arizona
Humane Society Rescue Partner, and
Grand Canyon GSD club.
SPRAZ’s proposed rescue facility site is located approximately 280-feet west of the
northwest corner of W Irvine Road and North 15th Avenue. The Property is approximately
5-acres in size and is currently improved with two masonry garage buildings. Existing
utilities on-site include an 800-amp electrical service, septic system, and water well and
storage. All surrounding and non-adjacent parcels vary in size and are zoned RU-43.
Many of the parcels in the community are similar in use and consist of horse boarding and
training facilities as well as several agricultural nurseries.
The proposed rescue facility will include two kennel wings that shall be constructed and
connected to the north of a new 3,000 square foot residence. The exterior walls for the
kennels will be 4- to 6-inch concrete core foam block with highly insulated attics for sound
reduction. Each wing will consist of 10 individual, air-conditioned kennels with automated
drinking water systems and floor drains. Attached to each individual kennel will be direct
access to individual, shaded exterior yards, each separated by a 6- to 8-foot-high masonry
11315.1.2313208.2
wall that will serve as a visual barrier and provide sound control. Each exterior kennel yard
will be covered by the extension of the kennel building roof, providing shade to the dogs
while outside. At the center of the rescue facility, there will be a small prayer garden, a
swimming pool, a central rehabilitation area, as well as three smaller screened training
spaces. There will be a 6-foot-high visual screen wall surrounding the outdoor kennel
yards to allow for dog transfer from their individual yards to the rehabilitation, swimming,
and medical service areas. This will minimize interaction with other dogs and humans alike
and reduces the opportunity for barking, while also providing a visual buffer for the
adjacent properties.
In addition to the two kennel wings and associated facilities, other proposed site
improvements include stabilized decomposed granite drives, paved parking, and a new
paved property entrance. The new property entrance will also be improved with an entry
monument consisting of stone columns and iron gates with the letters ‘SP’ representing
Saving Paws (no formal signage will be required). The Property will also be provided with
an additional septic system for the kennels, storm water retention, and landscaping.
III.
Daily Operations
SPRAZ
maintains
three
part-time
employees and several volunteers that
strive to provide the best care for dogs
with medical needs and healthy dogs
alike. This includes providing medication,
changing bandages, preparing proper
diets, exercise, and rehabilitation. All
outdoor procedures and activities are
coordinated to minimize unnecessary
noise
and
odors.
The
successful
implemented
methods
have
been
developed over the years and validated
by
SPRAZ’s
current
residential
neighbors.
No activities or storage will exceed 8 feet above grade. Customers and potential adopters
will visit the Property by appointment only and will be minimized not to exceed 3 per day.
All special deliveries to the site will happen between 8am and 5pm. All site lighting will
comply with Maricopa County’s lighting restrictions and ordinances.
Daily life at SPRAZ starts at 6am with rotational potty breaks (1-3 dogs at a time),
medication distribution, feeding, and cleaning/disinfecting the kennels and outdoor yards.
The process starts with dogs needing additional medical attention and the same process
is started for healthy dogs around 7:30 to 8:00am. Similarly, the afternoon process starts
at 2pm and runs through 6pm. All dogs are placed back in their indoor kennels by 8pm for
the evening.
All outdoor areas are inspected several times a day for waste pickup and are sprayed
once a week with cleanser to provide a safe and clean environment for the dogs,
employees and neighbors. All waste is properly disposed into plastic lined 5-gallon
containers with lids. Additional containers are filled with water and bleach for poop
scoopers. All waste containers are emptied once a day into the weekly picked-up Waste
Management containers.
11315.1.2313208.2
IV.
Relationship to Surrounding Properties
Within the immediate community of our proposed development, all parcels are zoned RU-
43 and vary in size between 1 and 10 acres. Our 5-acre parcel will contain multiple
structures similar to many of the surrounding properties. The new residence will be a
complement to the community with its low profile and utilization of stucco and stone
finishes. The kennels will be an extension of the residence’s architecture and will be
visually screened by 6-foot-high masonry walls and trees serving as both visual and sound
barriers.
Adjacent property descriptions, as labeled on the map below:
•
North: 6.8-acre parcel: Single family residence with horse training and boarding (1)
•
East: Four-1-acre parcels: Single family residences (2&3); Vacant (4);
Manufactured home owned by SPRAZ (5).
•
South: 2.2-acre parcel: Single family residence, multiple structures, and horses (6).
•
West: 5.8-acre parcel: Single family residence, storage, multiple structures (7).
V.
Location and Accessibility
When acquired in 2018, this parcel was earmarked for SPRAZ’s new operations. The
location was chosen for its rural setting, larger parcels, and other animal kept properties.
Building setbacks from property lines to the new residence and kennels, which exceed the
zoning district setback requirements, are as follows: 84 feet south, 60 feet east, 160 feet
west, and 360 feet on the north side.
Access to the parcel can be obtained from the south via Irvine Road. Irvine Road is a
MCDOT maintained roadway and classified as a collector. A collector roadway requires a
minimum 40-foot half-width as defined by MCDOT Right-of-Way. The existing north side
Right-of-Way is 30 feet, and an additional 10 feet of Right-of-Way dedication is anticipated.
VI.
Circulation System
11315.1.2313208.2
Site access shall be provided by the one existing driveway which shall be paved and
enhanced by a new entry monument sign and gate. All new internal drives shall be 24 feet
wide with stabilized decomposed granite surfacing. New off-street parking shall be asphalt
paving to include accessible parking spaces, and an accessible route to the main
entrance.
VII.
Development Schedule
Construction on the new single-family residence has begun. Upon acquiring the Special
Use Permit and construction document approvals, SPRAZ intends to start construction on
the kennels.
VIII.
Community Facilities and Services
SPRAZ is a self-contained service facility and will not impact local schools, parks, or
adjacent amenities. Any animal rehabilitation or recreation will be conducted on-site.
IX.
Public Utilities and Services
Electrical power:
APS
Solid Waste:
Waste Management
Fire protection:
Daisy Mountain Fire Station 51
Sewer:
On-site septic system
Water:
On-site water well and storage tank
Police:
Maricopa County Sheriff
X.
Exhibits
•
Front colored elevation
•
Driveway/Entry Monument elevation
•
Site plan
Page 1 of 2
Bob Fedorka, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
bob.fedorka@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
April 28, 2023
Memo To: Darren Gerard, AICP, Department of Planning & Development
Attn:
Paola Jaramillo Quintero, Planner, Planning & Development Services
From:
Bob Fedorka, PE, Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, PE, Engineering Manager, Planning & Development
Subject: Z2019105 Special Use Permit for Saving Paws (E3 Memo)
APN:
211-50-019N
Job Site Address: 1538 W. Irvine Road
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the
updated Special Use Permit application routed for review on April 25, 2023, and
has the following objections.
DRAINAGE PLAN REVIEW COMMENTS
1. Building permit B202011857 was issued on 4/19/2021 (subsequently re-issued
on 4/14/2023) as a residential permit. The grading and drainage plan prepared
for this residential permit did not contain provision for the required storm water
retention.
A Permit Modification must be submitted for B202011857 to include the
required retention prior to this SUP application proceeding for approval.
STIPULATIONS
The following stipulations shall be made part of any approval:
1. Final grading design shall ensure that the developed portion of the site drains
to the retention basin.
2. All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway
Design Manual; and current engineering policies, standards and best practices
at the time of application for construction.
Page 2 of 2
ROADWAY INFORMATION
1. Irvine Road (MCDOT Jurisdiction)
a. Current Classification: Local
b. Future Classification: Local
c. Existing R/W: 30 Feet
d. Ultimate R/W: 30 Feet (per MCDOT R/W Waiver 07/06/2009)
Please contact me if you have any questions or require any additional information
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management
DATE:
September 27, 2019
TO :
Sean Watkins, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Saving Paws Rescue. Z2019105
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project is a request for SFR and
new business at APN# 211-50-019N. Water and sewer service is existing well and
septic system, MCESD has concerns, and it needs NOID permit approval prior to any
construction permit granted.
Stormwater - The proposed project is located within the unincorporated urbanized
area regulated by the Maricopa County Stormwater Quality Program and may need a
stormwater approval and permit (SWPPP) prior to any construction permit granted.
For further information, go to www.maricopa.gov/stormwater.
If five or more dogs are kenneled, the facility will also require a kennel permit from
the Maricopa County Animal Care and Control Department. Please contact Maricopa
County Animal Care and Control, 602-506-7387.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department in Accela on September 27, 2019 and can allow the
project to proceed at this time subject to the following stipulations:
Stipulations:
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. Other Maricopa
County agencies may have additional requirements. Final review and approval will be
made through Planning and Development Department procedures. Applicant may
need to submit separate applications to the Maricopa County Environmental Services
Department for approval of proposed facilities regulated by the Department. Review
of any such application will be based on regulations in force at the time of
application.
Department Directive:
DD-2019
Effective: 12/3/2019
Initiator: Jennifer Pokorski
Director: Jennifer Pokorski
Maricopa County
Planning & Development Department
Department Directive
Purpose: To clarify when a special use permit or commercial or industrial zoning entitlement
is required for small animal rescue, boarding, breeding or training operations. This directive
does not apply to equine or livestock rescue, boarding, breeding or training operations.
References:
Arizona Revised Statute (ARS) § 11-820 (Restriction on regulation; Home-based businesses;
exception; definitions)
Maricopa County Zoning Ordinance (MCZO) Articles 501.2 (Rural Zoning Districts Use
Regulations) and 601.2 (Residential Zoning Districts Use Regulations)
Statements:
ARS § 11-820 defines a “Home-based business" as any business for the limited manufacture,
provision or sale of goods or services that is owned and operated by the owner or tenant of
the residential property. The same section limits the County’s authority to regulate signage,
the types of goods offered for sale, and the number of clients and employees permitted
onsite.
In accordance with state law, home-based businesses are permitted as a principal use in
rural and residential zoning districts subject to certain requirements as outlined in MCZO
501.2(10) and MCZO 601.2(8).
The MCZO does not limit the number of dogs, cats and similar domestic (non-livestock)
animals that can be kept as personal pets in rural and residential zoning districts. State law
does require that all dogs are licensed and vaccinated for rabies.
Policy/Procedure:
Small animal rescue, boarding, breeding and training operations that meet the following
criteria, in addition to the criteria set forth in MCZO Articles 501.2 and 601.2, do not need
additional zoning entitlement in rural and residential zoning districts.
•
All animals must be housed or kenneled inside a well-ventilated, fully-enclosed
building.
•
Training and exercise can occur outside in an area not to exceed 25% of the total
parcel. The outdoor area must be fully visually screened by a solid wall or buildings.
•
Volunteers are considered employees. Therefore, the total number of non-resident
persons who volunteer and/or are employed in connection with the business and are
not an immediate family member as defined by ARS § 11-820, shall not exceed
three.
•
The number of customers (including prospective “adopters” if the business is an
animal rescue operation), clients, or students on the premises shall not exceed five
at any time.
Small animal rescue, boarding, breeding and training operations that do not meet these
requirements must obtain a special use permit or commercial or industrial zoning entitlement.
1
Paola Jaramillo Quintero (PND)
From:
Mark Wright <Mark.Wright1@albertsons.com>
Sent:
Wednesday, May 17, 2023 2:20 PM
To:
Paola Jaramillo Quintero (PND)
Cc:
Mark Wright; gotwakeboard12@gmail.com; Mark Wright
Subject:
Saving Paws Rescue SUP Request
Attachments:
saving paws sup notification letter.pdf; V202201327 - 3_16_2023 - EXECUTED CA
3-15-23.pdf; Z2019105 - 2. NARRATIVE.PDF.pdf; Summons 11-17-22.pdf; Judgment
1-17-23.pdf
Hello Paola,
By way of introducƟon, my name is Mark Wright.
Mark Wright
38710 N 15th Ave
Phoenix, AZ 85086
I live on the property that is adjoining to Saving Paws Dog Rescue.
I have been filing complaints on Saving Paws for years. As a result, the County filed a summons which resulted in a cease
and desist. However, it took 2 years to gain back the neighborhoods quality of life.
I and not in agreement with allowing Saving Paws to obtain a SUP. They have clearly shown that they can’t follow the
County ordinances. This was clear based on the judgment from the officer resulƟng in a cease-and-desist order, along
with fines and penalƟes. Please refer to the Summons and Judgment PDF files, which I would like to be include in the
SUP request file.
Please note that the noƟficaƟon leƩer staƟng, “Saving Paws is commiƩed to being a good neighbor…”. The informaƟon
provided below will clearly dispute/rebut this statement.
Below are my concerns:
1. County is not staffed to enforce the County Ordinances. It took me over 2 years to get the County to summon
Saving Paws Rescue. As a result of the Summons, they were given a cease-and-desist order, along with fines and
penalties.
2. Saving Paws Rescue lack of integrity to follow the Ordinances – Please refer to the summons and judgment to
support the integrity of Saving Paws Dog Rescue. In addition, please refer to #4 Maricopa County Zoning
Ordinance Violation Concerns noted below to support the lack of integrity.
3. Saving Paws Rescue dog kennels allow dogs to exit the kennels to the outside. Saving Paws states in their
notification letter, “…..and has thoughtfully designed their new facility to minimize any potential impacts on
surrounding properties. My back yard is 25 feet from these kennels which is a significant concern given I’ve
submitted over 100 barking dog videos to the County when the dogs were housed over 100 yards away. This
type of structure will continue to violate the noise ordinances and disrupt the neighborhoods quality of life. I
would like someone to explain how this layout minimized the impact to my property and continuance of barking
dogs noise. The County (Chip Hart) visited my property and observed, recorded, and noted the barking dogs and
operations past 6 p.m. when the kennels were over 100 yards away from my property.
2
4. Maricopa County Zoning Ordinance Violation Concerns
1) Entrepreneur of a home occupation shall reside in the dwelling on the property with the business
operates Chapter 5, Page 2, Section 10.a (owner has never lived on the property)
a. Currently no one lives at the Saving Paws Dog Rescue property and has not done so for almost a year,
although the dogs are still boarded in the two detached structures with minimal supervision and zero
supervision at night.
2) Employed Connections who are non-residents shall not exceed 3 - Chapter 5, Page 2, Section 10.b
(Note: Volunteers are considered employees)
The rescue has a number (excess of 3) of volunteers that care for the dogs throughout the day. The council
or county could request the volunteer sheets from Saving Paws (if they would give them to you), as that
should be additional evidence, they exceed 3 people to operate the dog rescue.
3) Noise Ordnance - Chapter 5, Page 2, SecƟon 10.e The business shall not generate any noise (if
the noise would be considered to have an verse impact on the surrounding residenƟal neighborhood per
the Maricopa County nose Ordinance), vibraƟon, smoke, dust, odors, heat, glare, or electrical interference
with dio or television transmission in the area that would exceed that normally produced by a dwelling unit in
a zoning district used solely for residenƟal purposes.
The barking dogs and crying puppies have increased quite a bit over the past 2 years. I’ve even texted the
owner, Trisha Houlihan and asked if she could control the noise and no responses. For example, on Sunday,
02.13.22, morning around 6 a.m. you could hear the puppies winning and the dogs barking. Unfortunately,
nobody lives at the property so the owner of Saving Paws Dog Rescue does not have to listen to the noise, nor
can she address the barking dogs.
User License violaƟons (refer to the license at the boƩom of this Word document) - Below are the concerns
with Saving Paws Dog Rescue violaƟng the own user license that the county approved (see aƩached).
User License agreement:
1. Home Occupation
a. No one lives on the property associated with the user license property outline (1538 W. Irvine
Road)
2. The owner of Saving Paws will reside in the new residence, and the kennels will be privately owned
and operated by Saving Paws.
a. Owner does not live on the property
3. Daily care routines will involve medication distribution, feeding, cleaning the kennels
and outdoor yards, and exercising the dogs between 7:00 a.m. and 6:00 p.m.
a. Dogs are exercised well past 6 p.m. – In addition, there are other operations being performed
after 6 p.m. - Saving Paws is operating outside of their agreed upon daily care routine on a daily
basis.
3
4. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the
business operates.
a. Owner does not live on property.
5. The number of persons who are employed in connection with the occupants, but who are non-
residents of the dwelling on the property in which the business operates, shall not exceed three.
a. I have pictures of more than three volunteers on the property. Volunteers are considered
employees as determined by the County.
6. The business shall be conducted entirely within a completely enclosed building, other than allowance
for limited outdoor storage per item 'n’ below. Physical business activity other than storage may
occur within the area described per item 'n' below except that no mechanical equipment or
power tools shall be operated out of doors, and in no instance shall any outdoor activity
exceed the height of screening and not to exceed eight (ID feet.
a. The dogs are exercised outdoors. Cleaning of kennels is done outdoors. Other business
activities are conducted outdoors as well.
7. The business shall not generate any noise (if the noise would be considered to have an
verse impact on the surrounding residential neighborhood per the Maricopa County nose
Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with dio or
television transmission in the area that would exceed that normally produced by a dwelling unit in
a zoning district used solely for residential purposes.
a. I have plenty of videos of barking dogs.
Thanks,
Mark Wright
38710 N 15th Ave
Phoenix, AZ 85086
Warning: All e-mail sent to this address will be received by the corporate e-mail system, and is subject to archival and
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1
Paola Jaramillo Quintero (PND)
From:
Mirka <mirka@q.com>
Sent:
Sunday, May 21, 2023 9:46 PM
To:
Paola Jaramillo Quintero (PND)
Subject:
Saving Paws Rescue
My name is Stephen Mirka and I live at 1710 W Irvine Rd. It is down the street from Saving Paws Rescue, which is trying
to obtain a Special Use Permit.
This dog rescue business does not belong in a residential area. There have seen five or vehicles there at one time and
they appear to be employee's vehicles.
The owner does not live there. It is a constant nuisance to hear these dogs barking, especially late in the evening. Please
do not issue a permit for this business.
Feel free to call me with any questions.
Thank you,
Stephen Mirka
602-993-1548 Land line
928-683-1500 Mobile
1
Paola Jaramillo Quintero (PND)
From:
Sandy Luedke <sluedke@me.com>
Sent:
Friday, June 16, 2023 3:56 PM
To:
Paola Jaramillo Quintero (PND)
Subject:
Z2019105
Ms. Jaramillo,
I am contacting you regarding the SUP (Z2019105) Saving Paws Rescue is requesting. I would like it recorded that I am in
opposition of this request. I have concerns regarding the way this rescue is conducting its business without an SUP in
place. They have put the cart before the horse, and as a result were found responsible in a code compliance violation
case. Even though they were ordered to cease and desist, their appeal and other legal agreements seem to have been
made and they are proceeding to build a large complex to support the proposed dog rescue, still without having an
approved SUP in place.
Dogs continue to live in kennels on the property, I hear and see them every day. For several years they have actively
operated the rescue located at 1538 W Irvine. Yet neither the owner or anyone else lives on the property. We have seen
kennels in the news where dogs have died when the air conditioning went out and no one was home, we have also seen
wildfires whip through our neighborhood and we were ordered to evacuate. Who is there to mitigate unplanned
disasters?
I am tired of seeing businesses move to Desert Hills and start up their businesses in a residential neighborhood before
having proper authorization. It degrades the importance of the process and the importance of receiving approval from
the multiple reviewing agencies built into the SUP.
Their actions speak loudly and so do their dogs. I am not impressed by the way they are going about developing and
expanding their business in my neighborhood. It is a character statement about what I can expect in the future.
Sincerely,
Sandy Luedke
38816 N 15th Ave
Desert Hills, AZ 85086
480-549-3176
1
Paola Jaramillo Quintero (PND)
From:
Sandra Long <Sandra@oxlong.us>
Sent:
Wednesday, May 24, 2023 9:07 AM
To:
Paola Jaramillo Quintero (PND)
Subject:
Complaint No: V202201327 Saving Paws Rescue
God Morning Paola,
I saw a notice on my mailbox this morning instructing my neighbors to email you to complain about the use of
this property at 15th Ave and Irvine.
I have been living in this neighborhood for over 16 years, and there has always been a residence there.
It was an old Modular home that was torn down when the property was sold, thank goodness it was a mess!
Then a new one was installed and it was much nicer.
There was very little activity on this property until recently – the last couple of years.
And to be honest I would have had no clue what was there until they had a yard sale trying to raise funds for
the rescue.
In that time they moved the modular home to the east end of the property so they could build the permanent
facility.
I’ve seen the markup of the new facility and it is beautiful!
I think the work they do there is so very important, saving cast out dogs left in the desert to die, among
others.
And if it wasn’t for the construction, it would be hard to tell what was going on there, they are very quiet.
They have also added a tone of tree’s and bushes and gravel, it’s turning into a real show place.
So I’m not sure what the complaint is all about, but I for one would rather have a dog rescue there than say 5
more houses or a school!
Please accept this letter in favor of keeping Saving Paws Rescue on this site!
Sincerely Sandra D Long
1
Paola Jaramillo Quintero (PND)
From:
Alan Elsroad <alanelsroad@q.com>
Sent:
Thursday, May 25, 2023 1:01 PM
To:
Paola Jaramillo Quintero (PND)
Subject:
Saving Paws Rescue AZ
Paola,
I’m sending in support of Saving Paws Rescue AZ. This is an organization that is and has done some wonderful thing to
save neglected, abandoned and otherwise abused German Shepherds and Belgian Malinois dogs. These animals receive
top of the line care both medical and loving care.
I urge you to allow for this facility to be built.
Please feel free to contact me with an questions or concerns.
Thank you.
Alan & Faye Elsroad
Sent from Mail for Windows
1
Paola Jaramillo Quintero (PND)
From:
Charis Williams <chariskwilliams@gmail.com>
Sent:
Thursday, May 25, 2023 11:12 PM
To:
Paola Jaramillo Quintero (PND)
Subject:
Saving Paws Rescue (APN 211-50-019N) Special Use Permit
May 26, 2023
Maricopa County Department of Planning & Development
301 W Jefferson Street, Suite 170
Phoenix, AZ 85003
Attn: Paola Jaramillo, County Planner
Dear Ms. Jaramillo,
I am writing to support the Special Use Permit that is in process for Saving Paws Rescue (SPR) for the
property located on West Irvine. Saving Paws Rescue is an all-volunteer, 501 (c)(3) charitable organization
dedicated to saving the lives of dogs that find themselves homeless and at high risk of euthanasia. SPR
provides veterinary care, socialization, training, evaluation and adoption of dogs who were left in our county
shelters to await uncertain fate, are owner surrenders (such as divorce, death, etc.) or are from abusive or
negligent situations, including dogs from the Maricopa County MASH unit when they are released from being
"evidence" in criminal cases. They provide a safe harbor for these dogs that might otherwise be destroyed.
Fact 1: The crisis of homeless, abused and neglected animals is at an all-time high in our community. Fact 2:
Maricopa County Animal Care and Control is unable to provide for all the animals in need. Fact 3: Where are
they turning when the county facilities are full, and they need outlets for dogs? They are turning to rescues
like Saving Paws Rescue. Even with the new East County shelter, the space will not accommodate the needs
of the strays and owner surrenders that flood through their doors and those of the AZ Humane Society. Fact
4: What type of dogs are the Maricopa County shelters reaching out for help with? They aren't the highly
adoptable dogs. The dogs that the rescues are asked to help are those hit by cars, diagnosed with life
threatening diseases, the old, the very young and the pregnant. They say they don't have the room or
resources to help this population, so they euthanize or ask the rescues who work off of private donations and
grant funding alone to carry the heavy load with the most vulnerable (and expensive) of our community. Fact
5: Maricopa County has become second only to Los Angeles County in the volume of dogs entering the shelter
system. Fact 6: The flow of dogs in needs is not showing any signs of reducing, but rather in 2023 the
numbers have skyrocketed and even shelters in our state that have avoided "killing" for space are now
returning to the days when dogs and cats are killed just because they were unlucky enough to be in their
kennel longer than allowed. They were perfectly healthy and adoptable. They end their life as an A# dumped
in a black trash bag and loaded on to a truck as if they never mattered. The fragile animal welfare system
NEEDS all rescues, shelters cannot do it alone.
Rescue work isn't for the faint of heart. It is heartbreaking work for the volunteers that sacrifice daily time
with their families, utilize their own vehicles and money to help dogs that others have abused, neglected,
dumped or abandoned. Why would they do this? They do it because they believe that saving a life is a
worthy mission. That making a difference in a world that often looks to put helping the vulnerable on
someone else's "to do list" or yes "someone" should help, but not me category. Saving Paws Rescue has been
an upstanding member of the rescue community since the founder, Trisha Houlihan realized that her favorite
breed, the German Shepherd Dog, was being euthanized at very high rates in MCACC shelters where she was
2
a volunteer. There was not a rescue in Phoenix in 2011 dedicated to taking GSD from the shelter
system. Saving Paws Rescue has not only been a resource for MCACC, AZHS and MASH, but they have
answered the call from various city & county police departments, rural animal shelters, veterinary hospitals
and other rescues when a GSD is in need. SPR has been involved in multiple hoarding rescues over the years
where large numbers of GSDs have been in terrible conditions needing emergency rescue. Saving Paws
Rescue has sponsored dogs for Soldier's Best Friend providing dogs to be trained as service animals for
military veterans who suffer from PTSD. SPR has been awarded grants for their Love for Life foster program
by nationally known Grey Muzzle Foundation, that allows older and difficult to place dogs to live out their lives
in SPR foster homes with lifelong financial support. SPR has been recognized by the local animal welfare
community on several occasions for the care and rehabilitation of dogs with heartbreaking illness or injury
(HERO award winner and Glimmer of Hope winners). Does this sound like an organization that does not value
their reputation and relationships with the community? No, SPR's founder, Trisha Houlihan is an amazing
individual who commits to going above and beyond to ensure that not only are the dogs in her care are given
every chance, but the facilities that the dogs reside in while they are preparing for their forever homes are
clean, safe and run in a manner that honors and exceeds the standards of care by the community.
How do I know SPR? I started my relationship with SPR in 2014 when I followed a social media story on a
young GSD at MCACC west who was hit by a car and in terrible pain and MCACC could not help him. They
reached out to SPR to help this injured pup and I honored my pledge to SPR when they picked him up. I
followed them on social media to find out what would happen to "Neymar."
NEYMAR
Within a week I filled out a volunteer application because the organization struck me as going above for this
dog. I had never volunteered in a shelter or rescue so was apprehensive. On my very first day I was
welcomed with open arms and met Trish within 5 minutes of being there. She was cooking special diets for
sick dogs and tending to the needs of injured Neymar who was recovering from surgery. The facility was
cleaner than my own home! I would quickly learn that Trish maintained strict standards of cleaning and
keeping indoor and outdoor areas like you would your own home. I said I would do anything to help, but
didn't think I could foster or go to the county shelter. Both would be hard for me. Well within weeks she had
me at MCACC with her picking up my first two fosters. Two 11-year-old senior GSD bonded siblings (Oscar &
Aza) who were abandoned and left to die alone, sick and terrified in the shelter. They were emaciated and
cover in ticks. We were able to wash and remove ticks at the shelter before they came to live with me, my
husband and our two GSDs. Within three months I added adopter to my resume with SPR when we adopted
Oscar and Aza on Christmas Eve. They would only each lives a few more months, but we lived a lifetime with
them during that time!
3
I stopped counting but 50+ dogs have come through my home from SPR - old, young, pregnant moms, mom
with puppies, behavioral dogs, abused dogs, medical and hospice dogs. I currently have a senior foster who
had given birth in a motel on I-17 and her owners were seeking to dump her and the puppies and their dad or
get kicked out of the motel. Our volunteers raced to save them, sadly only the mom and her puppies were
left. They had opened the door and given the male to someone before we could save him. She and her
puppies went to the SPR property on Irvine, but it was evident quickly that she was sick and her puppies were
failing, they would become my next medical fosters. I volunteer at The Ranch (Irvine property) so I am an
active part of the operations there. I am a foster, adopter, volunteer and supporter(donor). I am a member
of the F.A.V.S of SPR and proud to be associated with an organization dedicated to doing the right thing. This
group of volunteers doesn't just open their wallets, but they give of their heart and sweat to be a volunteer for
SPR. It's about making an impact on the problems in our community.
The depiction of SPR as a rogue, inconsiderate, poorly run organization could not be farther from the truth.
Any description of SPR as "breeding" dogs is absolutely wrong! All dogs leaving our care are spayed and
neutered. We educate on the need of animals to be altered and vaccinated. We will accept a pregnant mom
into the rescue to allow her a safe place to have and raise her puppies when spaying and killing her puppies is
the alternative in the shelters. We welcome dads of puppy litters if we can get them as well. Saving complete
families isn't unusual for SPR. The operations are run with a commitment to providing quality care for the
dogs & puppies and being a quality neighbor and member of the animal welfare community. As a volunteer,
at the Ranch, the depiction that the dogs are allowed to roam free and be considered a barking nuisance is
simply not true. No dog is silent, not ours nor any other dog in the neighborhood. Dogs will bark but no
volunteer will allow excessive barking. We also are keenly aware that we have many neighbors that have
multiple dogs that are mostly or 100% outdoor dogs who also bark. The ability to specifically point to ONLY
SPR dogs as the sole source of dog barking would be inappropriate. It is a rural part of the community that
welcomes horses, donkeys, chickens, roosters, dogs, steers, pigs and even a camel as you drive into the
community. Any array of animals - domestic and wild are in our neighborhood. Animal sounds and smells is
part of rural living. SPR dogs are not out in groups of more than 2 (except for puppies while kennels are being
cleaned for a brief period). We have safety guidelines for multiple dog play time, so you will not see more
than 2 maximum dogs in an exercise area together at one time. Our yards are cleaned after every dog so as to
ensure that we don't pose any health risks and keep insect problems to a minimum. We have had neighbors
bring stray and lost dogs to us for safekeeping and we have returned them to happy neighbors who were
desperately searching for them. We have had neighbors adopt dogs from us. Neighbors walk and ride by
waving and saying hello to the dogs and volunteers. SPR does not have loudspeakers, play loud music, run
industrial equipment or have livestock. The Desert Hills community is a diverse rural community that has a
history of allowing owners to have businesses, multiple family occupancy, small farm and other animal
rescues. SPR would continue to operate in a manner that is reflective of the type of community partner we
have always been. We are considerate of our neighbors, a giving resource in our community and a
4
desperately needed safety net for the vulnerable in our society - the voiceless animals. Who talks for them? I
wish you could speak to our dogs. They are the ones that would tell you what SPR means to them. It is the
future lives that your decision impacts the most.
The impact of COVID and the tremendous building & construction growth impacted the timeline for the
building of SPR. Small charities can't compete with developers for supplies and tradesmen. We have a fulltime
person living on the property, sadly a line on map makes her presence "not count". SPR has been a
respected community animal welfare member for over 11 years and the lives of over 2000+ dogs have been
changed because people came together to make a difference. Please don't tell the next era of dogs that SPR
won't be there for them. Please support SPR's Special Use Permit. We are needed and will continue to be the
well-respected community partner we have always been.
Respectfully,
Charis Williams
SPR Foster, Adopter, Volunteer & Supporter
20805 N 1st Avenue
Phoenix, AZ 85027
1
Paola Jaramillo Quintero (PND)
From:
Kim Krause <kimannekrause@icloud.com>
Sent:
Tuesday, June 13, 2023 7:24 AM
To:
Paola Jaramillo Quintero (PND)
Subject:
Saving paws rescue
Saving paws rescue does great things for the community. Please support their efforts and ability to continue to save our
homeless animals or animals that would sadly be euthanized.
Thank you
Kim Krause
Sent from my iPhone
1
Paola Jaramillo Quintero (PND)
From:
Sandra Hoffman <sandysite430@gmail.com>
Sent:
Thursday, May 25, 2023 5:58 PM
To:
Paola Jaramillo Quintero (PND)
Cc:
Charis SPR; Trish Houlihan
Subject:
Saving Paws Rescue - APN 211-50-019N
Hi Paola,
Saving Paws Rescue supports the Maricopa County Animal Control division by taking dogs that are pregnant that they do
not want to manage. We help the mother with nutrition and vet care, to ensure the Mom and her puppies are healthy.
We raise the puppies until they can be adopted. Saving Paws Rescue ensures the mother and ALL the puppies are fixed
(when at the age they can be). So we are HELPING reduce the number of dogs that are a drain to Maricopa County’s
Animal Control section.
The property that Saving Paws is located is working on building a residence on the property. We need time to build it
since the funding is by donation only. The property at 211-50-019T is a residence that one of the Saving Paws
managers/helpers/dog whisperer lives. If they process a lot combination, the home at this location would be on the
Saving Paws Rescue site where the dogs are kept inside air conditioned buildings. Why hasn’t the County told SPR that
they could do a lot combination and meet all the regulations?
Please look for solutions that meet the County regulations AND save the lives of many dogs. Otherwise, the County
Animal Control solution is to euthanize the mothers before they have their litter.
Thank you,
SANDRA HOFFMAN
25232 N. 42nd Drive
Volunteer at Saving Paws Rescue
2
3
W Irvine Rd
N 15th Ave
211
50
014T
211
50
014U
211
50
016J
211
50
019N
211
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023B
211
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019S
211
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019R
211
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019Q
211
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040D
211
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025F
211
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027K
211
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014N
211
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014P
211
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020G
211
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023E
211
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032D
211
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211
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019T
211
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020J
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040E
211
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025G
301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601
Document Path: \\gisteam.maricopa.gov\workgroup\patrick.dongarra\PlanningandDevelopment\OppositionCases\Z2019105\Z2019105.aprx
DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents
from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form.
www.maricopa.gov/planning
Maricopa County OET, GIS Division, 7/18/2023
Ü
110
0
110
55
Feet
Opposition and Support
Z2019105
Parcel
Subject Parcel
300' Buffer
Opposition Parcel
Supporting Parcel
All Opposition Parcels
All Supporting Parcels
300' Buffer Interior
300' Buffer Selection
Eligible parcels: 13
Supporting parcels: 0
Opposition parcels: 1
Supporting parcels sq ft: 0
Opposition parcels sq ft: 43,992
Subject parcels sq ft: 218,271
All area inside the 300' buffer:
1,016,024 sq ft
All area inside the 300' buffer -
excluding subject parcel,
ROW and excluded parcels: 797,753
sq ft
No-response parcels sq ft: 0
Super Majority opposed parcel acres:
4%
Super Majority opposed parcel number:
7%