HomeMy WebLinkAbout08/06/2012 Item 006RESOLUTION NO. 2012-115 A RESOLUTION SETTING FORTH AN AMENDMENT TO AND RENEWAL OF A ZONING USE PERMIT ON ASSESSOR'S PARCEL NO. 207 -06 -063, FOR A COMMERCIAL RESIDENTIAL DOG KENNEL IN AN A -R (AGRICULTURAL- RESIDENTIAL /ONE ACRE MINIMUM LOT SIZE) ZONE, IN THE BUCKEYE HAVASU HEIGHTS VICINITY, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 6, 2012, a public hearing was conducted to determine whether an Amendment to and Renewal of a Zoning Use Permit should be granted for the above- described property as requested by Douglas and Theresa Chadwick of Yucca, Arizona, and WHEREAS, Assessor's Parcel Number 207 -06 -063 is more particularly described as Lot 63, Buckeye Havasu Heights, in Section 1, Township 16 North, Range 19 West, and WHEREAS, this property is located south of Interstate 40 between Santa Fe Ranch Road and Franconia Road. The site is accessed from Interstate 40 at the Santa Fe Ranch Road Exit, then . southwesterly on the frontage road to Shep Lane, then south on Shep Lane to the property located approximately 330 feet south of Melissa Lane on the west side. The terrain is relatively flat, sloping slightly to the west. The surrounding land uses consist of vacant lots and scattered single - family residences. There are no significant drainage patterns, and WHEREAS, the property is in the Yucca Fire District. The site is not served by a water system but has an on -site wastewater system. The site is served by electric power and telephone service. Shep Lane is not paved but is on the County's road maintenance system. The Mohave County General Plan designates this area as a Suburban Development Area, and WHEREAS, this Zoning Use Permit for a dog kennel in an A -R (Agricultural- Residential /One Acre Minimum Lot Size) zone was conditionally approved by the Mohave County Board of Supervisors on June 7, 2010, via BOS Resolution No. 2010 -115, as a commercial kennel because the applicant was a breeder, and WHEREAS, recent discussions between the applicant and the Environmental Health Department (EHD) have resulted in a determination by EHD that the kennel is considered a residential hobby kennel and will not require a health permit from EHD. Based on that clarification, the Department proposes to amend BOS Resolution No. 2010 -115 to reflect the residential nature of the use. The language to be added has been bolded and underlined. Language to be removed has been stfuck, and . RESOLUTION NO. 2012 -115 PAGE 2 WHEREAS, this Renewal will allow the applicant to continue operation of the kennel as allowed by BOS Resolution No. 2010 -115, as noted in the application of April 10, 2012, and WHEREAS, the property owner has accomplished all of the conditions of approval as required by BOS Resolution No. 2010 -115, and WHEREAS, this will be the first Renewal for this property, and WHEREAS, a review of FEMA FIRM Panel #40058 -5450G indicates the parcel described to be in Zone X, not in the Special Flood Hazard Area, and WHEREAS; the following described Findings of Fact are for the above - captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan. C. The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain. d. The neighboring area contains other land uses similar to the above - proposed action. e. The site has legal access. f. There are no:.significant environmental features affecting the site. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on July 11, 2012, the Commission recommended APPROVAL for this request to Renew the Zoning Use Permit, and to Amend Condition No.I of BOS Resolution No. 2010 -115, as follows: This Zoning Use Permit is for a gal residential . dog kennel in an A -R (Agricultural- Residential /One Acre Minimum Lot Size) zone and the activities related thereto. A maximum of twelve (12) dogs may be allowed on this property. 2. This Zoning Use Permit is approved for two years and expires June 7, 22 2014. An application for Renewal must be applied for prior to the expiration date of the Board of Supervisors Resolution. The applicant shall provide adequate fencing to contain the animals and keep them away from the property boundary and the boundary fencing. 4. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. If construction or the use has not commenced within one (1) year of Board of Supervisors approval of the Zoning Use Permit, or if the use has been discontinued for six (6) months, then approval shall terminate at that date. 6. This Zoning Use Permit is subject to revocation upon 60 days notification by the Board of Supervisors if, in the opinion of the Commission and the Board, the continued uses of the property would be contrary to the public health, safety and welfare. RESOLUTION NO. 2012-115 PAGE 3 WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on July 22, 2012, and was posted on July 20, 2012, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, August 6, 2012, APPROVED this request to Renew the Zoning. Use Permit, and to Amend Condition No.l of BOS Resolution No. 2010 -115, as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST Buster D. Johnson, Chairman Barbara Bracken, Clerk 2. Evaluation of a request for an AMENDMENT TO AND RENEWAL OF A ZONING USE PERMIT on Assessor's Parcel No. 207 -06 -063, for a eommer -eial residential dog kennel in an A -R (Agricultural- Residentiat/One Acre Minimum Lot Size) zone, in the Buckeye Havasu Heights vicinity, Mohave County, Arizona. This evaluation is to determine whether an Amendment to and Renewal of a Zoning Use Permit should be granted for the above - described property as requested by Douglas and Theresa Chadwick of Yucca, Arizona. Assessor's Parcel Number 207 -06 -063 is more particularly described as Lot 63, Buckeye Havasu Heights, in Section 1, Township 16 North, Range 19 West. This property is located south of Interstate 40 between Santa Fe Ranch Road and Franconia Road. The site is accessed from Interstate 40 at the Santa Fe Ranch Road Exit, then southwesterly on the frontage road to Shep Lane, then south on Shep Lane to the property located approximately 330 feet south of Melissa Lane on the west side. The terrain is relatively flat, sloping slightly to the west. The surrounding land uses consist of vacant lots and scattered single - family residences. There are no significant drainage patterns. The property is in the Yucca Fire District. The site is not served by a water system but has an on -site wastewater system. The site is served by electric power and telephone service. Shep Lane is not paved but is on the County's road maintenance system. The Mohave County General Plan designates this area as a Suburban Development Area. This Zoning Use Permit for a dog kennel in an A -R (Agricultural - Residential /One Acre Minimum Lot Size) zone was conditionally approved by the Mohave County Board of Supervisors on June 7, 2010, via BOS Resolution No. 2010 -115, as a commercial kennel because the applicant was a breeder. Recent discussions between the applicant and the Environmental Health Department (EHD) have resulted in a determination by EHD that the kennel is considered a residential hobby kennel and will not require a health permit from EHD. Based on that clarification, the Department proposes to amend BOS Resolution No. 2010 -115 to reflect the residential nature of the use. The language to be added has been bolded and underlined. Language to be removed has been stmel . This Renewal will allow the applicant to continue operation of the kennel as allowed by BOS Resolution No. 2010 -115, as noted in the application of April 10, 2012. The property owner has accomplished all of the conditions of approval as required by BOS Resolution No. 2010 -115. This will be the first Renewal for this property. A review of FEMA FIRM Panel #40058 -5450G indicates the parcel described to be in Zone X, not in the Special Flood Hazard Area. FINDINGS OF FACT The following described Findings of Fact are for the above- captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan. C. The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain. d. The neighboring area contains other land uses similar to the above- proposed action. e. The site has legal access. f. There are no significant environmental features affecting the site. STAFF RECOMMENDATIONS: Staff recommends this request to Renew the Zoning Use Permit, and to Amend Condition No.1 of BOS Resolution No. 2010 -115, be approved as follows: 1. This Zoning Use Permit is for a gal residential dog kennel in an A -R (Agricultural- Residential /One Acre Minimum Lot Size) zone and the activities related thereto. A maximum of twelve (12) dogs may be allowed on this property. 2. This Zoning Use Permit is approved for two years and expires June 7, 2014. An application for Renewal must be applied for prior to the expiration date of the Board of Supervisors Resolution. 3. The applicant shall provide adequate fencing to contain the animals and keep them away from the property boundary and the boundary fencing. 4. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to construction. 5. If construction or the use has not commenced within one (1) year of Board of Supervisors approval of the Zoning Use Permit, or if the use has been discontinued for six (6) months, then approval shall terminate at that date. 6. This Zoning Use Permit is subject to revocation upon 60 days notification by the Board of Supervisors if, in the opinion of the Commission and the Board, the continued uses of the property would be contrary to the public health, safety and welfare. Mohave County Development Services Department P. O. Box 7000 Kingman, Arizona 86402 -7000 APPLICATION FOR PERIODIC RENEWAL OF A ZONING USE PERMIT I (We) hereby request renewal of a Zoning Use Permit and request that the Board of Supervisors set this matter for public hearing following evaluation by the Planning and Zoning Commission. The Zoning Use Permit was approved by: BOS Resolution No. ,� - j , dated :a,txnje '1 ., 10 10 (legal description of subject property) Section I Township t (p— North / Range _ q West Assessor's Parcel Number (APN): vlb-7 - t(o- t) (o�j Applicant's Information: Owner's Information* (if not applicant): Name(s):��4o g \ ("u,.d i Name(s): Ir,�reae_ C�— �k�r�_n��e Address: a P0514 Address: 162.g1� ip 3iity: �� State:c� L Z 0City: A kc-c.a_ _ State: il-�, Zip Phone: Qae -4�te -,R 44D Phone: S a� • �� -S4-kp 1. Have there been any changes since the Zoning Use Permit was first issued? N O 2. If so, please specify below: .41t() aota_ (App 'c t) (Date) Owner's Signature (required if not applicant) (Date) *If ownership has changed since approval of the Zoning Use Permit, ONE (1) copy of PROOF OF OWNERSHIP must accompany the Extension request (recorded Warranty, Grant, Joint Tenancy or similar Deed.) Generally, a Special Warranty Deed must be accompanied by a Title Report; a Quitclaim Deed is acceptable when accompanied by a Title Report. Fee Calculation: Single Extension of Time: 1/2 Regular Fee plus $40.00 Processing Fee Cograph f Mohave, tionSyzona Mohave County Interactive Map Viewer GeographJt: information Systems 0 1050 2100 ft. mmom Map created on: Apr 10, 2012 Map center: 34° 45'20" N, 114° 12'12" W This map Is a user generated static output from Mohave County Interactive Map Viewer and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED AS A LEGAL DOCUMENT, FOR PROPERTY DESCRIPTIONS, OR DETERMINATION OF LEGAL TITLE, AND SHOULD NEVER BE SUBSTITUTED FOR SURVEY OR DEED INFORMATION. The user agrees to comply with the Limitation of Use, and Assumption of Risk as stated in the full disclaimer at hftpJ/meirTw.co.mohave.az.us/imf/sites/moh—testrisp/launch.jsp Populated Places Incorporated Cities Centerline Railroads Tax Parcels 0 2 a ll a Township/ Range ® Sections Federal Lands _i Indian Reservations BIA National Monument NPS /BLM National Park NIPS National Recreation Area NPS C3 Wilderness Area BLM E3 Wilderness Study Area NIPS Land Ownership Arizona Game and Fish AZ State Trust Land Bureau of Land Management Bureau of Reclamation National Wildlife Refuge Indian Allotments National Forest Military Reservation Parke and Recreation National Monument Waterbodies 2007 0.4-ft Mohave Channel 2007 0.4 -ft Valle vista 2005 1 -ft (Lake Havasu City Area) 91111% n 9S.ff If alra Navoori r.lh+l Scale: 1:12,650 N W E S �� E'L gV�DAjN_N l }_ e • �e " i -� 1 '� - F 1 •`.� �r 7111 y • -� PZ� Z n�1 '� ' H, P D �� t i �•' fn. rr�� tis: Lu "qyye�s w ml } _ I CSectlon 6 - 2 WTM ' y .Section ; I �SgetionjU ELI SSA LN �1 T -- I 207 -01 -074 p 7 t ' 4 T 6N 'U Z 9W Via) T16N R18W � 4`. -j �•1 i ZT • i= O .. rrr7 USt f�f ' s r ° M1f�r%!.. j I ) I � ,•' , 1: ill r r K -o I 207- 04.004 207 =01 00¢ a Sectlon�Sr1] r �r [ Section.l2 - r.•�..� i Section 7 e= - . ^p ;ter .ti 0 1050 2100 ft. mmom Map created on: Apr 10, 2012 Map center: 34° 45'20" N, 114° 12'12" W This map Is a user generated static output from Mohave County Interactive Map Viewer and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED AS A LEGAL DOCUMENT, FOR PROPERTY DESCRIPTIONS, OR DETERMINATION OF LEGAL TITLE, AND SHOULD NEVER BE SUBSTITUTED FOR SURVEY OR DEED INFORMATION. The user agrees to comply with the Limitation of Use, and Assumption of Risk as stated in the full disclaimer at hftpJ/meirTw.co.mohave.az.us/imf/sites/moh—testrisp/launch.jsp Populated Places Incorporated Cities Centerline Railroads Tax Parcels 0 2 a ll a Township/ Range ® Sections Federal Lands _i Indian Reservations BIA National Monument NPS /BLM National Park NIPS National Recreation Area NPS C3 Wilderness Area BLM E3 Wilderness Study Area NIPS Land Ownership Arizona Game and Fish AZ State Trust Land Bureau of Land Management Bureau of Reclamation National Wildlife Refuge Indian Allotments National Forest Military Reservation Parke and Recreation National Monument Waterbodies 2007 0.4-ft Mohave Channel 2007 0.4 -ft Valle vista 2005 1 -ft (Lake Havasu City Area) 91111% n 9S.ff If alra Navoori r.lh+l Scale: 1:12,650 N W E S Mohave County Development Services Department. Att'n: John Montgomery PO Box 7000 Kingman, AZ 86402 Re: BOS Resolution No. 2010 -115 Dear Mr. Montgomery, Based on the determination by the Mohave County Environmental Health Division that my kennel is being considered a hobby kennel that does not require a health permit and is not a commercial kennel under that department's ordinance, I would like to have the Zoning Use Permit for the kennel amended to indicate that it is a residential kennel instead of a commercial kennel. Please include this request with the renewal of the Zoning Use Permit currently under review. Sincerely yours, I • r�r UL C -M ) E .` Douglas Chadwick CoU47DEVELORNI SERVICES DEPT 14.5' N 9.5' 4 17.0' o WORKSHOP ° 0o o CM N N 9.5' 1 CAR GARAGE 17.0' C 41.n- 41.0- Bath Bedroom 10chen Ming o AREA t; 5.0' v Bath j i Bedroom r Pauo Wing Room 15.0' j 10.0' b o co co COV ENTRY \ Bedroom s 5.0' o STORAGE BLDG. ' CONCRETE PATIO 62 EP LANE File No 992777 ;= Property Address 16207 SHEP LANE Comments - - - -- - --', . i My YUCCA Comity MOHAVE State AZ zip 86428._ . Borrower CHADWICK Landerlaient CAprro%L LENDERS LJC Address 20 S ACOMA BLVD STE 9109, LAKE HAVASU CITY, A Appralser Name MIKE MRTIN Appr Address 2265 VE,SiE = AIKF- !'i�rASU,, AZ B h-- `NOS of xn.`y 058 o/ ' 14.5' N 9.5' 4 17.0' o WORKSHOP ° 0o o CM N N 9.5' 1 CAR GARAGE 17.0' C 41.n- 41.0- Bath Bedroom 10chen Ming o AREA t; 5.0' v Bath j i Bedroom r Pauo Wing Room 15.0' j 10.0' b o co co COV ENTRY \ Bedroom s 5.0' o STORAGE BLDG. ' CONCRETE PATIO 62 EP LANE Comments - - - -- - --', . i ^Q ...�- '.'•.'- .''"�'. _iii......; : . :Floor rrs....... P st 1065.00 1065.00 First Floor P/P 00jgMU= P8RZO 1025.00 5.0 a 5.0 COVERED » 105.00 0.5 a 3.0 a 5.0 COQ PMIO 60.00 1210.00 0.5 s 3.0 Z 5.0 GAB 1 CAR GARAM-MMMP 433.00 433.00 6.0 s 11.0 OTH LAMM- BA13HROOM 77.00 24.0 z 36.0 STORAGE BLDG. 188.50 265.50: 5.0 x 11.0 7.0' 0 Scale: 1 =14 25.00 -7.50 7.50 66.00 964.00 55.00 FEES# 2010034900 OFFICIAL RECORDS OF MOHAVE COUNTY CAROL MEIER, nlpo COUNTY RECORDER 06/08/2010 02:35 PM Fee: $0 PAGE: 1 of 2 RESOLUTION NO. 2010 -1 IS A RESOLUTION SETTING FORTH A ZONING 'USE PERMIT ON LOT 63, BUCKEYE HAVASU HEIGHTS, IN SECTION 1, TOWNSHIP 1,6 NORTH, RANGE 19 WEST, FOR A COMMERCIAL DOG KENNEL IN AN A -R (AGRICUi.TURAL- RESIDENTIAL /ONE ACRE MINIMUM LOT SIZE) ZONE, IN THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 7, 2010, a public hearing was conducted to determine whether a Zoning Use Permit should be granted for the above - described property as requested by Douglas L. Chadwick of Yucca, Arizona, and WHEREAS, this property is located south of Interstate 40 between Faye Avenue and Douglas Lane. The site is accessed from Interstate 40 at the Santa Fe Ranch Road Exit, then southwesterly on the frontage road to Shep Lane, then south on Shep Lane to the property located approximately 330 feet south of Melissa Lane on the west side. The property has a single- family residence on it. The terrain is relatively flat, sloping generally to the west. The surrounding land uses consist of vacant land and scattered single- family residences. There are no significant drainage patterns, and WHEREAS, the applicant requests this Zoning Use Permit to allow for a dog kennel for up to twelve (12) dogs on this 2.5 -acre parcel in an A -R (Agricultural- Residential /One Acre Minimum Lot Size) zone. The Mohave County General Plan and the Yucca Area Plan designate this area as a Suburban Development Area, Suburban Estates, and WHEREAS, the site is within the Yucca Fire District. The site is not served by a water system or a sewer system. The site is served by electric power and telephone service. Shep Lane is not paved but is on the County's road maintenance system, and WHEREAS, a review of FEMA FIRM Panel #040058 -545OG indicates the parcel described to be in Zone X, not in the Special Flood f Lazard Area, and WHEREAS, the following described Findings of Fact are for the above- captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan and the Yucca Area Plan. C. The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain. RESOLUTION NO. 2010-115 PAGE 2 d. The neighboring area contains other land uses similar to the above - proposed action. e. The site has legal access. f. There are no known significant environmental features affecting the site. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 12, 2010, the Commission recommended APPROVAL for a Zoning Use Permit subject to the following: This Zoning Use Permit is for a commercial dog kennel in an A -R (Agricultural - Residential /One Acre Minimum Lot Size) zone and the activities related thereto. A maximum of Twelve (12) dogs may be allowed on this property. 2. This 'Zoning Use Permit is approved for two years and expires June 7, 2012. An application for an Extension of Time must be applied for prior to the expiration date of the Board of Supervisors Resolution. 3. The applicant shall provide adequate fencing to contain the animals and keep them away from the property boundary and the boundary fencing. 4. The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to. construction. 5. If construction or the use has not commenced within one (1) year of Board of Supervisors approval of the Zoning Use Permit, or if the use has been discontinued for six (6) months, then approval shall terminate at that date. 6. This Zoning Use Permit is subject to revocation upon 60 days notification by the Board of Supervisors if, in the opinion of the Commission and the Board, the continued uses of the property would be contrary to the public health, safety and welfare. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on May 23, 2010, and was posted on May 2l, 2010, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors. at their regular meeting on Monday, June 7, 2010, APPROVED this Zoning Use Permit as recommended by the Mohave County Planning alg &Wing Commission and outlined herein. ATTEST S OA C:.0 Barbara Bracken, ClIft, �RIZ ,r.., NE MOH C0U\N OARD OF SUPERVISORS BusteND. Johns(Oi. Chairman MCEHD POLICY NO 2012 -01 MOHAVE COUNTY DEPARTMENT OF PUBLIC: HEALTH ENVIRONMENTAL HEALTH DIVISION A POLICY FOR ENFORCENI'ENT OF MOHAVE COUNTY ORDINANCE 2007 -08 BACKGROUND The regulations governing the safe and healthy operation of pet shops, grooming parlors and kennels has been in existence in Mohave County since 1976. The original resolution was revised in 2007 and included enforcement language. The current ordinance does not distinguish between abreeder (which falls under the kennel definition) and a hobby breeder. The intent of this policy is to provide guidance to the Environmental Health staff as to when a permit is appropriate for breeders. POLICY 1. All pet shops, grooming parlors and kennels shall obtain a health permit as required by Mohave County Ordinance 2007 -08 except the following: a. Hobby breeders who produce no more than two (2) litters per year total. Signed: Environmental Health Manager Effective Date: &L � L (6/6/2012). John Montgomery - "- REVISED88 ZUP -- CHADWICK APN From: Maryann Roche To: Montgomery, John; Morris, Luke; Shaffer, Sylvia CC: Patterson, Rachel Date: 6/6/2012 10:46 AM Subject: "`REVISED88 -- ZUP -- CHADWICK -- APN 207 -06 -063 -NON COMMERCIAL KENNEL Reply requested when convenient Regarding the above - referenced application, the Environmental Health Division offers the following comment(s): As this is proposed a PERSONAL KENNEL (12 dogs), the Environmental Health Division is adamant there be no breeding, grooming (commercial), selling, adoption, or giving away of dogs. There shall be no acting as a shelter or sanctuary allowed-'(unless the animals are not being adopted out) without following the Ordinance No. 2007 -08, Providing Sanitation Requirements for Kennels and Pet Shops, Veterinary Clinics and Animal Hospitals that was Passed, Approved and Adopted by the BOS on the 15Th day October, 2007. Wastewater disposal must meet all current, applicable State laws and /or local policies /ordinances including any applicable subdivision approvals and requirements /restrictions. Depending on the type of facilities that are eventually built on these parcels and the amount of sewage flow, an alternative system may need to be designed to meet current nitrogen loading rules. Should an on -site wastewater system be applied for it will be the responsibility of the applicant to prove to the Environmental Health Division °that the discharge of wastewater from the proposed residence /facility will not violate any water quality standard. Studies may need to be completed including, but not limited to; site investigation (soils evaluation /characterization and /or percolation testing) and a nitrogen loading study. 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