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,
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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
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Federal Lands
_i Indian Reservations BIA
National Monument NPS /BLM
National Park NIPS
National Recreation Area NPS
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Arizona Game and Fish
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Bureau of Reclamation
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Indian Allotments
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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
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Comments - - - -- - --', .
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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.
Any item(s) inadvertently overlooked in the review process, which is not in compliance with applicable
County Codes and /or State Laws, shall be complied with upon request of the Environmental Health
Division.
Thank you for this opportunity to comment.
SECTION 1,
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ZONING MAP
SECTION 1
T 16 N, R 19 W
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 G ^mm °r^'al residential dog kennel
in an A -R (Agricultural - Residential /One Acre Minimum Lot Size) zone, in the Buckeye
Havasu Heights vicinity, Mohave County, Arizona.
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-�, PROPERTY
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