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HomeMy WebLinkAbout02/06/2007 Blue Sheet Conditional Use Permit Saguaro Ranch Horse Ranch TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: February 6, 2007 AGENDA ITEM: J.4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Interim Planning Director SUBJECT: PUBLIC HEARING. Resolution No. 2007-20: Relating to development; approving and authorizing a Conditional Use Permit for the Saguaro Ranch Horse Ranch on Appeal from the Planning and Zoning Commission. DISCUSSION REQUEST and PLANNING COMMISSION ACTION Saguaro Ranch Development Corporation is requesting approval of a Conditional Use Permit to allow for a public stable and two riding arenas in conjunction with a proposed horse ranch facility to be built as part ofthe Sagu~ro Ranch community. The subject property is within the RD-180 (Rural Development) zoning designation. Per sections 05.10.02.D.02 and 05.1O.02.D.08 of the Land Development Code, public stables and riding arenas are conditional uses, which require approval from the Marana Planning Commission. The Planning Commission approved this request on December 20, 2006. Larry and Ellyn Wheeler filed an appeal of the Planning Commission decision on January 3,2007. Any appeal of a Commission action on a Conditional Use Permit is then heard and acted on by the Town Council. Subsequently the CUP was scheduled and advertised for the next available Town Council meeting. LOCATION The horse ranch is proposed to be located on approximately 20.6 acres, within Block A of the Saguaro Ranch South Amended Plat recorded at Book 59 Page 69. The site is located approximately % of a mile north of the Moore Rd. between Thomydale/Old Ranch House Rd and the Blue Teal alignment, within a portion of Sections 20 & 29, Township 11 South, Range 13 East. HISTORY Prior to being heard on December 20, 2006, this project was continued from the August 11, 2004, September 15, 2004 and the October 13, 2004 Planning Commission Meeting. Saguaro Ranch agreed to a continuance during the October 13th meeting until such time that the applicant could address all questions identified in the letter dated October 5, 2004 from Jaret Barr (then Assistant Town Manager) to Stephen Phinney. This letter requested written correspondence to the Planning Commission addressing some of the allegations made during the September 15th 020607 CUP-04052 Saguaro Ranch Horse Ranch CUP Appeal TC.doc 1. Address what affects the Saguaro Ranch Development, including the equestrian facility, have had or will have on the property values in the area and specifically on adjacent properties. 2. What are the plans to mitigate for sight, smell and nuisance of the facility as it relates to the surrounding property owners. 3. Is the project viable on the current site? Why was this site chosen for this project? 4. Provide written analysis and explanation as to answer why this project is not be governed by Congested Animal Feeding Operation (CAFO) standards. PROJECT OVERVIEW This proposed equestrian facility will be classified as a public stable for the exclusive use of the Saguaro Ranch residents and their guests. The conceptual site plan includes all proposed uses within the horse ranch. Within the RD-I80zone, raising of large and small livestock, single family residence and detached accessory structures such as the bunk house and the equipment shelter are all allowable uses by right. This property is surrounded by RD-I80 zoned land on the south and west. The north and east property lines are also the MaranalPima County border where the county property is zoned RH (Rural Homestead). The conceptual site plan has met the 200-foot required setback for animal structures as well as the IOO-foot setback for arenas adjacent to the County residents to the east, as required in Section 08.04.02 of the Land Development Code. Saguaro Ranch is prepared to request relief from the 200 foot requirement up against the adjacent Saguaro Ranch properties. This could potentially affect Saguaro Ranch lots 18, 21 and 22. The horse ranch will be required to follow Section 08.04 of the Land Development Code with regard to number of animals and the minimum required area for each animal. The documents within the binder are a compilation of various reports, data and analysis, addressing the September 15, 2004 letter. Appendix C is value opinion from Southwest Appraisal Associates regarding the effect of Saguaro Ranch, including the Horse Ranch, on adjacent properties. The summary provided by Steven R. Cole, MAl, SRA, states that he believes the Saguaro Ranch development will not adversely affect the property values of adjacent properties. Appendix G provides a memorandum from Westland Resources analyzing wind data generated by Pima County Department of Environmental Quality. The wind data is from the Tangerine Road/Camino de Oeste PDEQ air quality monitoring site. The Town's analysis of this data has determined that the winds blow into and out of the project with very similar percentages. This data does show a slightly higher percentage for the winds to blow westward into the Saguaro Ranch homesites. Appendix H is the Waste Removal Plan from Saguaro Environmental Services. The plan shows different roll off containers that could be used for storage of waste. Saguaro Ranch has agreed to utilize option three which is a 30-yard roll off container with 2 piece rolling roof. The Town will also be requiring removal of the waste a minimum of every two days to prevent the breeding of flies. -2- 020607 CUP-04052 Saguaro Ranch Horse Ranch CUP Appeal TC.doc Appendix I is an Entomology Report done by Westland Resources. This report discuses many different topics such as insects, birds, diseases, manure and urine disposal, bug zappers, best management practices and several considerations that would male management of insects pests more easily accomplished during the lifetime of the Horse Ranch. A summary of the report states that in their opinion, a properly managed facility would not be a source for organisms and other associated problems. In response to the viability of the horse ranch on the current site, Saguaro Ranch has provided a slope analysis showing that this site is the only area large enough to construct the horse ranch facility on less than a 10% slope. The slope analysis for the entire Saguaro Ranch project site is shown in appendix J. The proposed Saguaro Ranch Horse Ranch would not fall under Congested Animal Feeding Operations (CAFO) regulations since the number of animals fall below the established threshold and since precautions will be taken in the design of the project to prevent discharges to a navigable water that originates outside of, passes over, across or through site. Saguaro Ranch intends to develop the horse ranch to meet or exceed the Best Management Practices ("BMP's") recommended by CAFO requirements. Appendix K is the Hydrogeologic Study done by Clear Creek Associates and Appendix L is a memorandum from Westland Resources regarding the CAFO Regulations. DEVELOPMENT STANDARDS The architecture of the facilities must adhere to regulations found in the Saguaro Ranch CC&R's and Design Review Covenant, which emphasize traditional rural Arizona buildings. The intent is for the architecture to be recessive, to blend in with the natural environment. Color elevations and a very detailed architectural narrative for each structure have been included in this packet. The horse ranch will be developed in accordance with the grading restrictions placed on the Saguaro Ranch project. The maximum amount of disturbance is 20% for the entire Saguaro Ranch Project. The disturbed acreage of the horse ranch will be subtracted from the maximum allowable graded area for the overall Saguaro Ranch project. PUBLIC NOTICE AND NEIGHBORHOOD MEETINGS Staff has had contact with numerous property owners that were notified about this conditional use permit. This public hearing was properly noticed and notices were sent out to the property owners within 300- feet of the property. Letters of support and oppositions have been included in the binder. Saguaro Ranch held a neighborhood meeting at the Marana Municipal Complex Conference Center on November 2,2006. SUMMARY The time limit on a conditional use permit, per Section 10.10.1. of the Land Development Code, is as follows: Failure to exercise a conditional use permit (i.e. submit a development plan to the Town) within 6 months after its effective date shall make the permit null and void. The Planning Director, upon showing of good cause, and after notice to the Commission, may extend the time period for initial exercise of the permit for up to one additional year. -3- 020607 CUP-04052 Saguaro Ranch Horse Ranch CUP Appeal TC.doc Overall, this proposal is consistent with the intent of the General Plan and meets the requirements and intent of the conditional use permit criteria. Therefore, Staff is recommending approval based on the recommended findings of fact, as found in Section 10.10.D. ofthe Land Development Code. RECOMMENDED FINDINGS OF FACT 1. The proposed use is appropriate to the specific location, as the project seeks to incorporate a range of activities within a limited area, while at the same time maintaining a rural ranch setting in a natural desert environment; 2. The proposed use, subject to staff conditions listed in this report, does not appear to be detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. This project is surrounded on three sides by future Saguaro Ranch home owners. It is in the best interest of Saguaro Ranch to maintain this horse ranch with the least amount of negative impact on the residents as possible; 3. The proposed use is consistent with the intent of the General Plan and will not adversely affect the orderly development of property within the Town; 4. This proposal must adhere to the 20% total Saguaro Ranch project grading restriction set forth with the approval of the Saguaro Ranch Final Plat. The proposal will not adversely affect the preservation of property values or the protection of the tax base and other substantial revenue sources within the town; 5. The General Plan designation for this site is Rural Density Residential per the Future Development Plan map. The proposed horse ranch arenas, for the use of Saguaro Ranch residents and their guests, are in keeping with the intent of the General Plan; 6. The proposed use, subject to staff conditions listed in this report, is not anticipated to create a nuisance or enforcement problem within the neighborhood. This project is surrounded on three sides by future Saguaro Ranch home owners. It is in the best interest of Saguaro Ranch to maintain this horse ranch with the least amount of negative impact on the residents as possible; 7. The proposed use is allowable within this zoning designation subject to conditional use permit approval. The proposed horse ranch facilities will adhere to the regulations found in the Saguaro Ranch Covenants, Conditions and Restrictions and the Design Review Covenant as well as the Town of Marana Land Development Code. The project will not encourage marginal development within the neighborhood; 8. The proposed use will not create a demand for public services within the Town beyond that of the ability of the Town to meet in the light of taxation and spending restraints imposed by law; 9. The proposed use does not conflict with the Town's approved funding priorities; The proposed site is adequate in size and shape to accommodate the intended use and all requirements for the zone district, including but not limited to, setbacks, walls, landscaping and buffer yards. -4- 020607 CUP-04052 Saguaro Ranch Horse Ranch CUP Appeal TC.doc ATTACHMENTS Original application, appeal application, binder of various documents, reports and citizen letters. RECOMMENDATION Staff recommends conditional approval ofthe Saguaro Ranch Conditional Use Permit. RECOMMENDED CONDITIONS OF APPROVAL 1. All outdoor lighting shall comply with the adopted Town of Marana Outdoor Lighting Code, which requires lighting to be fully cut off and shielded, directed downward and away from residential parcels and roadways, low in elevation, and be of the minimum intensity needed to serve the intended purpose. 2. The project must comply with all Town of Marana ordinances, including the requirements related to the processing of pertinent plans and permits that have been adopted at the time the development plan is being processed. 3. The Development Plan must comply with the current Development standards per the Town of Marana Land Development Code as identified in section 08.04, including but not limited to setbacks, structure size and number of allowable animals. 4. The Development plan must show all rock outcroppings and how they are going to be preserved. 5. The Development Plan will be sent to Pima County Floodplain District for review. 6. All animal waste will be removed from the site at a minimum of every two days to minimize the opportunity for insect breeding. 7. All animal waste will be stored in 30-yard roll off container(s) with 2 piece rolling roof. 8. All animals (horses and cattle) living on-site will be provided water through an on- demand watering system to prevent stagnant water and the subsequent breeding of insects. 9. All hay provided for animals living on-site shall abide by Arizona state law regarding the importation and use of foreign hay. 10. Any insect misting system (for insect control purposes, both indoor and outdoor) will utilize the most natural spraying substance available and account for the possible attraction of bees to citronella-based products. 11. Prior to the review of the Development Plan the applicant must obtain relief of the 200- foot setback for any structure housing animals that is closer than 200 feet from the property lines that are adjacent to Saguaro Ranch lots. All required setbacks must be maintained for the areas ofthe project that border Unincorporated Pima County. SUGGESTED MOTION I move to approve Resolution 2007-20. -5- 020607 CUP-04052 Saguaro Ranch Horse Ranch CUP Appeal TC.doc MARANA RESOLUTION NO. 2007-20 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A CONDITIONAL USE PERMIT FOR THE SAGUARO RANCH HORSE RANCH. WHEREAS, Saguaro Ranch Development Corporation has applied to the Town of Marana for approval a Conditional Use Permit to allow for a public stable and two riding arenas in conjunction with a proposed horse ranch facility, generally located on approximately 20.6 acres, within Block A of the Saguaro Ranch South Amended Plat recorded at Book 59 Page 69, approximately % of a mile north of the Moore Rd. between Thomydale/Old Ranch House Rd and the Blue Teal alignment, within a portion of Sections 20 & 29, Township 11 South, Range 13 East; and WHEREAS, the existing zoning of the property is "RD-180" (Rural Development); and WHEREAS, public stables and riding arenas are conditional uses within the RD-180 zone, per sections 05.1O.02.D.02 and 05.1O.02.D.08 of the Land Development Code; and WHEREAS, the Marana Planning Commission approved the conditional use permit on December 20, 2006, by a vote of 7 -0; and WHEREAS, on January 3, 2007, Larry and Ellyn Wheeler, adjacent property owners to the proposed CUP site, filed an appeal of the Planning Commission's approval; and WHEREAS, the Marana Town Council has heard from the representative(s) ofthe owner, Town staff, and members of the public at the regular Town Council meeting held February 6, 2007, and has determined that the conditional use permit should be approved with the following conditions: 1. All outdoor lighting shall comply with the adopted Town of Marana Outdoor Lighting Code, which requires lighting to be fully cut off and shielded, directed downward and away from residential parcels and roadways, low in elevation, and be of the minimum intensity needed to serve the intended purpose. 2. The project must comply with all Town of Marana ordinances, including the requirements related to the processing of pertinent plans and permits that have been adopted at the time the development plan is being processed. 3. The Development Plan must comply with the current Development standards per the Town of Marana Land Development Code as identified in section 08.04, including but not limited to setbacks, structure size and number of allowable animals. 4. The Development plan must show all rock outcroppings and how they are going to be preserved. 5. The Development Plan will be sent to Pima County Floodplain District for review. 6. All animal waste will be removed from the site at a minimum of every two days to minimize the opportunity for insect breeding. 7. All animal waste will be stored in 30-yard roll off container(s) with two-piece rolling roof. 8. All animals (horses and cattle) living on-site will be provided water through an on-demand watering system to prevent stagnant water and the subsequent breeding of insects. 9. All hay provided for animals living on-site shall abide by Arizona state law regarding the importation and use of foreign hay. 10. Any insect misting system (for insect control purposes, both indoor and outdoor) will utilize the most natural spraying substance available and account for the possible attraction of bees to citronella-based products. 11. Prior to the review of the Development Plan the applicant must obtain relief of the 200- foot setback for any structure housing animals that is closer than 200 feet from the property lines that are adjacent to Saguaro Ranch lots. All required setbacks must be maintained for the areas of the project that border Unincorporated Pima County. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the request filed by Saguaro Ranch Development Corporation for a conditional use permit to allow for a public stable and two riding arenas in conjunction with a proposed horse ranch facility located on approximately 20.6 acres, within Block A ofthe Saguaro Ranch South Amended Plat recorded at Book 59 Page 69, approximately % of a mile north of the Moore Rd. between Thornydale/Old Ranch House Rd and the Blue Teal alignment, within a portion of Sections 20 & 29, Township 11 South, Range 13 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of February, 2007. ATTEST: Mayor ED HONEA APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney The Saguaro Ranch Horse Ranch original application, appeal application, binder of various documents, reports and citizens letters are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 w. Civic Center Drive, Marana, AZ 85653.