edward
08-16-2009, 02:46 PM
THE DIRECTOR OF PLANNING & ZONING DARREN GERARD HAS TAKEN IT UPON HIMSELF TO MODIFY THE TEXT AMENDMENT AT THE LAST SECOND AFTER 3 YEARS OF PERSONAL INVOLVEMENT WITH COMMITTEE THAT HASHED THIS ALL OUT AFTER IT WAS APPROVED BY THE P & Z COMMISSIONERS
DON'T TAKE THIS FOR GRANTED THIS IS AN EXTREME WAKE UP CALL TO ALL EQUESTRIANS THROUGHOUT THIS STATE.
Why Now?
We have been in this process for three years. Staff has had more than enough time to consider all of the necessary contingencies.
What is the purpose of Zoning Regulations?
Isn’t it to be consistent with the Comprehensive Plan? And isn’t the general plan to protect and preserve the rural way of life?
Is the Zoning ordinance’ purpose to regulate every negatively perceived “what if” scenario that could present itself to Equestrian property owners exclusively?
Or is it to restrict all equestrians in case one or two do something unacceptable as perceived by non equestrian neighbors? Or perhaps it is to give neighbors ammunition to increase complaints to drive additional revenues to the county.
Shouldn’t Zoning really be about neighbor respecting neighbor and only deal with problems that are extremely common across all people in an individual zone or zone class?
Why penalize all just to get to the exceptions?
The opponents have two major categories of objections.
One is intensity used by Bruce Lundquist, Architect, Laveen, Arizona and now used by the Director of Planning & Zoning Darren Gerard to make last minute recommended revisions to the TA. And the other is the commercial use of properties by equestrians when they give lessons, board horses, have practice ropings and other equestrian activities.
Intensity
1) Why Equestrians? There are no limitations on numbers of people in commercial, residential or rural zones anywhere in the ordinances in Maricopa County or any other city or county in the state to the best of our knowledge.
2) If intensity has to be considered then first the county will need to redefine the word since it’s current use refers to lot area, width, area per dwelling unit, lot coverage and distance between buildings.
3) Current allowed uses in all rural zones will require modification for Churches, Public Schools, Fire & Police Stations, Golf Courses and Libraries in the likely event that there will be more than 24 persons on any one acre parcel at one time.
4) Compare 24 people or more on one rural acre to current R1-6 Residential zone that allows for 7 residences per acre. To be consistent with the concern for intensity, we would have to restrict the size of families per residence to stay within the limit. Families of 4 would generate 28 people plus 14 vehicles on average, additional noise, smells and human waste and pollution
5) The bottom line is this intensity issue is plain silly
Commercial
1) It should be noted that the Arizona Revised Statutes address boarding as follows: ARS 42-5069 regarding Commercial lease classification definitions point C." The commercial lease classification does not include:
7.Leasing real property for boarding horses." Therefore “Boarding” is not a Commercial exposure in the state of Arizona.
2) As for Equestrian games to be considered businesses, they must be conducted with the intent to make a profit. These private property uses are consistent with normal recreational use such as 2 teams of 4 guys playing basketball and other uses even permitted in residential zones.
Home Occupations
In the last minute recommendation to the TA, the “staff” refers to all Equestrian Activities and boarding as “Home Occupations” which would require a “special approval”
1) This one is beyond comprehension. The original purpose of this Ta was to allow for additional equestrian uses and reduce red tape and the time and expense of going through the Special Use Permit process. Sup minimum expense is $3000 per 1602.1 and $250 or $750 for TUP’s depending on residential or non-residential per 1605.1
2) In Article 501.2.13 referred to in the revision, it states “The principal purpose of this zoning district is to conserve and protect farms and other open land uses, foster orderly growth in rural areas, and prevent urban and agricultural land use conflicts. The primary purpose of requiring large minimum lots of not less than 190,000 square feet in area is to discourage small lot or residential subdivisions where public facilities such as water, sewage disposal, parks and playgrounds, and governmental services such as police and fire protection are not available or could not reasonably be made available. Principal uses permitted in this zoning district include both farm and non-farm residential uses, farms, and recreational and institutional uses.”
3) How this fits with Home Occupation is a mystery and nothing more than another unnecessary restriction.
To Be continued
Maricopa County
Planning & Development Department
501 N. 44th St., Ste 100
Phoenix, Arizona 85008
Phone: (602) 506-7139
Fax: (602) 506-8369
www.maricopa.gov/planning
Date:
To:
From:
Case #:
August 19, 2009
Board of Supervisors
Darren Gerard, AICP, Deputy Director
TA2008006 – Text Amendment to the Maricopa County Zoning Ordinance (MCZO) regarding Accessory Equestrian Uses
Staff is concerned with the text amendment language recommended by the Commission raising the maximum attendance at an event from 24 to 50 persons.
It’s important to note that several cities opposed what is perceived as the commercialization of rural residential neighborhoods when staff was recommending a maximum attendance of 24 persons. The Commission gave more weight to the many equestrians at the hearing who want to host larger events and thus have recommended a much greater maximum attendance of 50 persons. Staff believes this number is simply too intense for a by-right Rural zoning district use (public water required, household septic may be inadequate, single-family residential lots are not required to have paved parking, etc.). Equestrian events are allowed today with a Temporary Use Permit (TUP) for special events (up to 30 days within a six month period) or with a Special Use Permit (SUP) for ongoing events. Staff strongly urges that paragraph 2 be again revised to limit attendance to a maximum of 24 persons.
Staff is comfortable and supportive of all other language as recommended by the Commission. However, staff would also suggest adding language to paragraphs 1 and 2 indicating that a Home Occupation Permit is required to track these types of home-based businesses and to give notice as to appropriate conditions. Staff also suggests referencing the TUP option in paragraph 4.
Therefore, staff recommends that new MCZO, Article 501.2.21.e be created with the following language shown in legislative format from the
Commission recommendation: Public equestrian uses accessory to a single-family residence limited to the following:
Maricopa County
Planning & Development
Department
501 N. 44th St., Ste 100
Phoenix, Arizona 85008
Phone: (602) 506-7139
Fax: (602) 506-8369
TA2008006
Page 2 of 2
1. The boarding of up to five (5) horses and/or other equine not owned by the private property owner and/or resident. Documentation of ownership shall be maintained when more than five (5) horses and/or other equine are kept on a property. A Home Occupation approval shall be required in accordance with Article 501.2.13 of this ordinance (except for subsections ‘c’, ‘d’, ‘m’ and ‘n’; and subsection ‘r’ in that more than one parking space may be provided). On-street parking is prohibited in conjunction with the home
occupation.
2. Non-commercial public activities (no admission fee shall be charged) involving up to a maximum of 24 50 persons (including staff, participants and spectators). A Home Occupation approval shall be required in accordance with Article 501.2.13 of this ordinance (except for subsections ‘c’, ‘d’, ‘m’ and ‘n’; and subsection ‘r’ in that more than one parking space may be provided). On-street parking is prohibited in conjunction with the home occupation.
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 public equestrian use that cannot meet these conditions will require either a Special Use Permit in accordance with Article 1301.1.20 of this ordinance, or a Temporary Use Permit for temporary events in accordance with Article 1302.2.2 of this ordinance.
DON'T TAKE THIS FOR GRANTED THIS IS AN EXTREME WAKE UP CALL TO ALL EQUESTRIANS THROUGHOUT THIS STATE.
Why Now?
We have been in this process for three years. Staff has had more than enough time to consider all of the necessary contingencies.
What is the purpose of Zoning Regulations?
Isn’t it to be consistent with the Comprehensive Plan? And isn’t the general plan to protect and preserve the rural way of life?
Is the Zoning ordinance’ purpose to regulate every negatively perceived “what if” scenario that could present itself to Equestrian property owners exclusively?
Or is it to restrict all equestrians in case one or two do something unacceptable as perceived by non equestrian neighbors? Or perhaps it is to give neighbors ammunition to increase complaints to drive additional revenues to the county.
Shouldn’t Zoning really be about neighbor respecting neighbor and only deal with problems that are extremely common across all people in an individual zone or zone class?
Why penalize all just to get to the exceptions?
The opponents have two major categories of objections.
One is intensity used by Bruce Lundquist, Architect, Laveen, Arizona and now used by the Director of Planning & Zoning Darren Gerard to make last minute recommended revisions to the TA. And the other is the commercial use of properties by equestrians when they give lessons, board horses, have practice ropings and other equestrian activities.
Intensity
1) Why Equestrians? There are no limitations on numbers of people in commercial, residential or rural zones anywhere in the ordinances in Maricopa County or any other city or county in the state to the best of our knowledge.
2) If intensity has to be considered then first the county will need to redefine the word since it’s current use refers to lot area, width, area per dwelling unit, lot coverage and distance between buildings.
3) Current allowed uses in all rural zones will require modification for Churches, Public Schools, Fire & Police Stations, Golf Courses and Libraries in the likely event that there will be more than 24 persons on any one acre parcel at one time.
4) Compare 24 people or more on one rural acre to current R1-6 Residential zone that allows for 7 residences per acre. To be consistent with the concern for intensity, we would have to restrict the size of families per residence to stay within the limit. Families of 4 would generate 28 people plus 14 vehicles on average, additional noise, smells and human waste and pollution
5) The bottom line is this intensity issue is plain silly
Commercial
1) It should be noted that the Arizona Revised Statutes address boarding as follows: ARS 42-5069 regarding Commercial lease classification definitions point C." The commercial lease classification does not include:
7.Leasing real property for boarding horses." Therefore “Boarding” is not a Commercial exposure in the state of Arizona.
2) As for Equestrian games to be considered businesses, they must be conducted with the intent to make a profit. These private property uses are consistent with normal recreational use such as 2 teams of 4 guys playing basketball and other uses even permitted in residential zones.
Home Occupations
In the last minute recommendation to the TA, the “staff” refers to all Equestrian Activities and boarding as “Home Occupations” which would require a “special approval”
1) This one is beyond comprehension. The original purpose of this Ta was to allow for additional equestrian uses and reduce red tape and the time and expense of going through the Special Use Permit process. Sup minimum expense is $3000 per 1602.1 and $250 or $750 for TUP’s depending on residential or non-residential per 1605.1
2) In Article 501.2.13 referred to in the revision, it states “The principal purpose of this zoning district is to conserve and protect farms and other open land uses, foster orderly growth in rural areas, and prevent urban and agricultural land use conflicts. The primary purpose of requiring large minimum lots of not less than 190,000 square feet in area is to discourage small lot or residential subdivisions where public facilities such as water, sewage disposal, parks and playgrounds, and governmental services such as police and fire protection are not available or could not reasonably be made available. Principal uses permitted in this zoning district include both farm and non-farm residential uses, farms, and recreational and institutional uses.”
3) How this fits with Home Occupation is a mystery and nothing more than another unnecessary restriction.
To Be continued
Maricopa County
Planning & Development Department
501 N. 44th St., Ste 100
Phoenix, Arizona 85008
Phone: (602) 506-7139
Fax: (602) 506-8369
www.maricopa.gov/planning
Date:
To:
From:
Case #:
August 19, 2009
Board of Supervisors
Darren Gerard, AICP, Deputy Director
TA2008006 – Text Amendment to the Maricopa County Zoning Ordinance (MCZO) regarding Accessory Equestrian Uses
Staff is concerned with the text amendment language recommended by the Commission raising the maximum attendance at an event from 24 to 50 persons.
It’s important to note that several cities opposed what is perceived as the commercialization of rural residential neighborhoods when staff was recommending a maximum attendance of 24 persons. The Commission gave more weight to the many equestrians at the hearing who want to host larger events and thus have recommended a much greater maximum attendance of 50 persons. Staff believes this number is simply too intense for a by-right Rural zoning district use (public water required, household septic may be inadequate, single-family residential lots are not required to have paved parking, etc.). Equestrian events are allowed today with a Temporary Use Permit (TUP) for special events (up to 30 days within a six month period) or with a Special Use Permit (SUP) for ongoing events. Staff strongly urges that paragraph 2 be again revised to limit attendance to a maximum of 24 persons.
Staff is comfortable and supportive of all other language as recommended by the Commission. However, staff would also suggest adding language to paragraphs 1 and 2 indicating that a Home Occupation Permit is required to track these types of home-based businesses and to give notice as to appropriate conditions. Staff also suggests referencing the TUP option in paragraph 4.
Therefore, staff recommends that new MCZO, Article 501.2.21.e be created with the following language shown in legislative format from the
Commission recommendation: Public equestrian uses accessory to a single-family residence limited to the following:
Maricopa County
Planning & Development
Department
501 N. 44th St., Ste 100
Phoenix, Arizona 85008
Phone: (602) 506-7139
Fax: (602) 506-8369
TA2008006
Page 2 of 2
1. The boarding of up to five (5) horses and/or other equine not owned by the private property owner and/or resident. Documentation of ownership shall be maintained when more than five (5) horses and/or other equine are kept on a property. A Home Occupation approval shall be required in accordance with Article 501.2.13 of this ordinance (except for subsections ‘c’, ‘d’, ‘m’ and ‘n’; and subsection ‘r’ in that more than one parking space may be provided). On-street parking is prohibited in conjunction with the home
occupation.
2. Non-commercial public activities (no admission fee shall be charged) involving up to a maximum of 24 50 persons (including staff, participants and spectators). A Home Occupation approval shall be required in accordance with Article 501.2.13 of this ordinance (except for subsections ‘c’, ‘d’, ‘m’ and ‘n’; and subsection ‘r’ in that more than one parking space may be provided). On-street parking is prohibited in conjunction with the home occupation.
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 public equestrian use that cannot meet these conditions will require either a Special Use Permit in accordance with Article 1301.1.20 of this ordinance, or a Temporary Use Permit for temporary events in accordance with Article 1302.2.2 of this ordinance.