edward
06-22-2009, 01:12 PM
NOTE: READ THIS OVER THOUGHTFULLY
Report to the Zoning, Infrastructure, Policy, Procedure and
Ordinance Review (ZIPPOR) Committee
Prepared by the Maricopa County Planning and Development Department
Case: TA2008006 — Equestrian Uses
Meeting Date: June 18, 2009
Agenda Item: ( 1
Supelyisor District: All Districts
Applicant: Commission Initiative
Request: Text Amendment (TA) to the Madcopa County Zonrng
Ordinance [MCZO) in regard to accessory equestrian uses
in Rural zoning districts.
Background:
1. February 26, 2009: The ZIPPOR committee initiated the subject TA to add a new article to the MCZO to allow limited equestrian uses in the Rural zoning districts.
2. May 21, 2009: The Planning and Zoning Commission continued the subject TA to the July 23, 2009 P&Z hearing to allow additional time for community input and discussion regarding the proposed text. The Commission also directed staff to schedule the case for the June 18, 2009 ZIPPOR for additional discussion.
Discussion:
3. Staff proposes to add a new article allowing public equestrian uses on a
limited basis when accessory to a sing|e—family residence in the Rural zoning districts as MCZO Article. 501.2.21.e [Note: All language is new language to be added to the ordinance. No language is proposed for deletion.]
Pubic equestdan uses accessory to a single-family residence imited to the
following:
1. The boarding of up to five (5) horses and/or other equine not owned by
the private property owner and/or resident. Do***entation of ownership
shall be maintained when more than five (5) horses and/or other equine
are kept on a property
2. Riding lessons team roping practices and similar activities involving up to
a maximum of 24 persons including staff, participants and spectators).
3. All structures shall meet minimum setback requirements and the maximum lot coverage requirement. All parcels must meet minimum lot area and width requirements.
4. Any pubic equestrian use that cannot meet these condidons will require a
Special Use Permit in accordance with Article 1301.1.20 of this ordinance.
TA2008006 as proposed is opposed by the cities of Glendale, Avondale, and
Chandler who do not wish to allow any commercial/public equestrian uses by
right. Staff notes that the word "commerciaI" is not included in the proposed
verbiage, but the activities are clearly public activities and that indeed is the
intent of the text amendment —to allow limited public uses accessory to a
single-family residence in the Rural zoning districts regardless of any
commercial component. The commercial aspect of public equestrian uses
limited to the boarding of five horses is insignificant and events of a maximum of 24 persons can similarly be negligible given appropriate conditions.
In order to address opposition presented at the May 21st Commission hearing, staff proposes revised text amendment language to limit the events to daylight hours only and to parcels of at least three acres:
2. Riding lessons team roping practices and similar activties involving up to
a maximum of 24 persons including staff participants and spectators)
conducted during daylight hours only and on parcels of at least
three acres
However, staff will recommend that the subject TA2008006 be continued until such time as a separate text amendment (TA2008007) creating an R1—
zoning district has been initiated and approved.
Much of the opposition to allowing limited public equestrian uses accessory to a single-family residence in the Rural zoning districts is due to the hypothetical potential for the most intense uses allowed under the proposal to cluster in a neighborhood of one acre lots, which is the smallest lot size allowed in the Rural zoning districts.
The one-acre density is not a rural neighborhood but rather is a large-lot
estate type neighborhood, and the ordinance should allow for an R1-43 zoning district as a transition large-lot zoning between the Rural zoning district and the other Residentiazoning districts. R1-43 zoning would not be allowed to have the limited public equestrian uses accessory to a single—family residence as proposed under the subject TA2008006. They would also not be allowed unlimited farm animals accessory to a single—famiIy residence, as the BOA (evidently short for Board of Adjustments) has
interpreted as being allowed in the Rural zoning districts. The keeping of
horses would thus require 40ʼ corral setbacks for unattended animals, etc. In
short, R1-43 zoning would be designed for the type of neighborhood
envisioned by much of the opposition presented at the May 21st Commission
hearing.
8. There are other options available to the Commission, including:
• Splitting the proposed TA into two components — one component
addressing the simpler issue of boarding that can be pursued at this time;
and the other more complex component of equestrian events that can be
tabled for further study.
• The boarding component of the TA can be addressed as an amendment to
the Home Occupation regulations rather than as an Accessory Use. This
direction would result in a TA amending a separate article of the ordinance.
• A different approach would be to place a limit on the overall number of
animals that could be placed on any rural/residential property based upon
zoning district contrasted against acreage ratio. For instance, X animal
units per gross acre with one large animals such as a horse being equal to
one animal unit, two medium animals such as a goat being equal to one
animal unit, and four small animals such as a chicken being equal to one
animal unit, etc.
• No action. TA2008006 proponents indicate that their desire for boarding is
not in regard to commercial or public boarding but only related to family
and friends. Such keeping of horses is not boarding that would be
considered any sort of commercial business or public venue since there
would not be any advertising or monetary exchange for profit. Further,
equestrian events are already permitted in any zoning district with an
approved Temporary Use Permit (TUP) for a Special Event- that allows up
to 30 special event dates during any six-month period. Such special event
scheduling would allow one event per week and could accommodate a
property owner who wanted to host team roping and penning practices
every Tuesday night, or 4-H riding lessons every Saturday morning, or a
charro association competition every Sunday afternoon, etc. The keeping
of horses and TUP Special Events are already accommodated in the
ordinance.
Report to the Zoning, Infrastructure, Policy, Procedure and
Ordinance Review (ZIPPOR) Committee
Prepared by the Maricopa County Planning and Development Department
Case: TA2008006 — Equestrian Uses
Meeting Date: June 18, 2009
Agenda Item: ( 1
Supelyisor District: All Districts
Applicant: Commission Initiative
Request: Text Amendment (TA) to the Madcopa County Zonrng
Ordinance [MCZO) in regard to accessory equestrian uses
in Rural zoning districts.
Background:
1. February 26, 2009: The ZIPPOR committee initiated the subject TA to add a new article to the MCZO to allow limited equestrian uses in the Rural zoning districts.
2. May 21, 2009: The Planning and Zoning Commission continued the subject TA to the July 23, 2009 P&Z hearing to allow additional time for community input and discussion regarding the proposed text. The Commission also directed staff to schedule the case for the June 18, 2009 ZIPPOR for additional discussion.
Discussion:
3. Staff proposes to add a new article allowing public equestrian uses on a
limited basis when accessory to a sing|e—family residence in the Rural zoning districts as MCZO Article. 501.2.21.e [Note: All language is new language to be added to the ordinance. No language is proposed for deletion.]
Pubic equestdan uses accessory to a single-family residence imited to the
following:
1. The boarding of up to five (5) horses and/or other equine not owned by
the private property owner and/or resident. Do***entation of ownership
shall be maintained when more than five (5) horses and/or other equine
are kept on a property
2. Riding lessons team roping practices and similar activities involving up to
a maximum of 24 persons including staff, participants and spectators).
3. All structures shall meet minimum setback requirements and the maximum lot coverage requirement. All parcels must meet minimum lot area and width requirements.
4. Any pubic equestrian use that cannot meet these condidons will require a
Special Use Permit in accordance with Article 1301.1.20 of this ordinance.
TA2008006 as proposed is opposed by the cities of Glendale, Avondale, and
Chandler who do not wish to allow any commercial/public equestrian uses by
right. Staff notes that the word "commerciaI" is not included in the proposed
verbiage, but the activities are clearly public activities and that indeed is the
intent of the text amendment —to allow limited public uses accessory to a
single-family residence in the Rural zoning districts regardless of any
commercial component. The commercial aspect of public equestrian uses
limited to the boarding of five horses is insignificant and events of a maximum of 24 persons can similarly be negligible given appropriate conditions.
In order to address opposition presented at the May 21st Commission hearing, staff proposes revised text amendment language to limit the events to daylight hours only and to parcels of at least three acres:
2. Riding lessons team roping practices and similar activties involving up to
a maximum of 24 persons including staff participants and spectators)
conducted during daylight hours only and on parcels of at least
three acres
However, staff will recommend that the subject TA2008006 be continued until such time as a separate text amendment (TA2008007) creating an R1—
zoning district has been initiated and approved.
Much of the opposition to allowing limited public equestrian uses accessory to a single-family residence in the Rural zoning districts is due to the hypothetical potential for the most intense uses allowed under the proposal to cluster in a neighborhood of one acre lots, which is the smallest lot size allowed in the Rural zoning districts.
The one-acre density is not a rural neighborhood but rather is a large-lot
estate type neighborhood, and the ordinance should allow for an R1-43 zoning district as a transition large-lot zoning between the Rural zoning district and the other Residentiazoning districts. R1-43 zoning would not be allowed to have the limited public equestrian uses accessory to a single—family residence as proposed under the subject TA2008006. They would also not be allowed unlimited farm animals accessory to a single—famiIy residence, as the BOA (evidently short for Board of Adjustments) has
interpreted as being allowed in the Rural zoning districts. The keeping of
horses would thus require 40ʼ corral setbacks for unattended animals, etc. In
short, R1-43 zoning would be designed for the type of neighborhood
envisioned by much of the opposition presented at the May 21st Commission
hearing.
8. There are other options available to the Commission, including:
• Splitting the proposed TA into two components — one component
addressing the simpler issue of boarding that can be pursued at this time;
and the other more complex component of equestrian events that can be
tabled for further study.
• The boarding component of the TA can be addressed as an amendment to
the Home Occupation regulations rather than as an Accessory Use. This
direction would result in a TA amending a separate article of the ordinance.
• A different approach would be to place a limit on the overall number of
animals that could be placed on any rural/residential property based upon
zoning district contrasted against acreage ratio. For instance, X animal
units per gross acre with one large animals such as a horse being equal to
one animal unit, two medium animals such as a goat being equal to one
animal unit, and four small animals such as a chicken being equal to one
animal unit, etc.
• No action. TA2008006 proponents indicate that their desire for boarding is
not in regard to commercial or public boarding but only related to family
and friends. Such keeping of horses is not boarding that would be
considered any sort of commercial business or public venue since there
would not be any advertising or monetary exchange for profit. Further,
equestrian events are already permitted in any zoning district with an
approved Temporary Use Permit (TUP) for a Special Event- that allows up
to 30 special event dates during any six-month period. Such special event
scheduling would allow one event per week and could accommodate a
property owner who wanted to host team roping and penning practices
every Tuesday night, or 4-H riding lessons every Saturday morning, or a
charro association competition every Sunday afternoon, etc. The keeping
of horses and TUP Special Events are already accommodated in the
ordinance.