BOARD OF SUPERVISORS AGENDA-2021


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  1.       
Meeting Date: 09/15/2021  
Submitted For: Andrea Shelton
Department: Development Services  

Information
Action Requested
Development Services - Approve a permanent non-transferable Use Permit to be issued to HMR, LLC, to allow an equestrian recreational facility on approximately 11.416 acres in the RCU-2A (Residential; Rural; minimum 2-acre parcel size) zoning district. This application includes a waiver of Section 567 Protective Screening requiring visual screening between a commercial use and surrounding residential uses and a waiver of Section 564 Outside Storage to allow the onsite storage of horse trailers for customers of the boarding facility; Project Name: Horse Mesa Ranch; Owner: 1999 Elizabeth J. Gordon Family Trust; Applicant: HMR, LLC; Agent: Aspey, Watkins & Diesel PLLC; APN: 405-33-495B & 405-33-494R; H#PLA21-000027. The property is located on Horse Ranch Road approximately 750 feet from the intersection of Horse Ranch Road and Jacks Canyon Road in the Community of the Village of Oak Creek. S17 T16N R06E G&SRB&M. Subject to the attached stipulations. (District 3 - Supervisor Michaels)
 
Brief Explanation of Need
The subject property has been approved as a horse boarding and riding facility since 1979. In 1979, the original Use Permit was granted for five (5) years. In 1984, the Use Permit was renewed for ten (10) years. In 1995, the Use Permit was renewed for another 5 years. In 2000, Elizabeth Gordon requested that the Use Permit become permanent and an expansion of the allowed uses increasing the number of approved horses from 46 horses to 65 horses with a maximum for 75 horses total, 10 extra horses allowed for riding clinics and shows. The Use Permit was approved on a permanent non-transferable basis. Unfortunately, Elizabeth Gordon passed away and the property is now owned by her trust estate.
Since the previous Use Permit was non-transferable there are no vested rights on this parcel. This request is for a new permanent Use Permit to be issued to HMR, LLC to continue to operate the ranch exactly as was approved under the 2000 Use Permit.  
On August 19, 2021, the Planning and Zoning Commission voted on a motion to recommend approval to the Board of Supervisors for Use Permit H#PLA21-000027 with the stipulations as presented.
  1. Permanent non-transferable Use Permit to be issued to HMR, LLC, to allow an equestrian recreational facility on approximately 11.416 acres in the RCU-2A (Residential; Rural; minimum 2-acre parcel size) zoning district.
 
  1. A maximum of sixty-five (65) horses shall be regularly maintained at the facility.
 
  1. A maximum of seventy-five (75) horses shall be allowed on the premises at noted special events.
 
  1. The horse stalls and pens shall be cleaned daily, and manure shall be removed on a monthly basis.
 
  1. Outdoor lighting shall conform to Section 603 of the Yavapai County Planning and Zoning Ordinance.
 
  1. Up to eight (8) Special Events per year is approved per the following conditions:
 
  1. Maximum of one hundred (100) attendees at each event.
  2. Special Events are approved between the hours of 6:00am and 10:00pm.
  3. Apply for and obtain a Special Event Permit for each event with over 50 attendees 60 days in advance of the event.
  4. Onsite and offsite signage advertising special events is prohibited.
 
  1. Waiver of Section 567 Protective Screening requiring visual screening between a commercial use and surrounding residential uses.
 
  1. Waiver of Section 564 Outside Storage to allow the onsite storage of horse trailers for customers of the boarding facility.
 
  1. Property to be developed in general accordance with the site plan submitted with the Use Permit application, dated November 18, 2020, in accordance with all applicable codes, regulations and ordinance requirements.
 
  1. No further splitting of the acreage while the Use Permit is in effect.
 
  1. Any future expansion of use or structures will require an amendment to this Use Permit. 
 
  1. Certificate of Compliance to be issued within one year of Board of Supervisors approval confirming that all stipulations have been satisfied, the use is operating in conformance with all approvals, all Building Permits have been obtained, and in conformance with all applicable County, State and Federal regulations or the Use Permit will become null and void.
 
  1. In the event the owner of the subject property files a claim under ARS Section 12-1134 regarding this Use Permit, this Use Permit shall be null and void.
The motion to recommend approval was made by Commissioner Osterman and seconded by Commissioner Ellegood. The motion to recommend approval passed. The vote was 8 to 1 with Commissioner Griffis opposed. 
A motion of approval was made by Commissioner Peterson and seconded by Commissioner Cothern. The motion to recommend approval passed. The vote was unanimous.  
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Presenter
Leah Brock, Senior Planner Development Services. 
Source of Revenue
N/A 
Have Notice/Publication Requirements Been Met
Yes, published on August 1, 2021, in The Daily Courier and The Verde Independent/Bugle for the Planning & Zoning Meeting on August 19, 2021, and Board of Supervisors Meeting on September 15, 2021. 
Contract or Agreement
N/A 
Legal Approval Notes
N/A

Fiscal Impact
Attachments
PZ Results 8-19-21
Draft P&Z Minutes 8-19-21
Staff Report
Letter of Intent
Request for Waiver
Site Plan
Area Map
Zoning Map
Citizen Participation Report Pt1
Citizen Participation Report Pt2
Letters of Support
Letters of Support 2
Letter of Support submitted 8-17-21
Letters of Concern
Internal Review Comments
2000 Use Permit Packet
2000 PZ Minutes
2000 BOS Minutes
2000 Approval Letter
BPRCC Horse Mesa Ranch Statement
HMR Applicant Survey NOT Dev Serv
HMR Letter explaining Survey
Dev Serv Survey Results as of 9-2-21

  

    

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