STAFF REPORT TO:
THE YAVAPAI COUNTY PLANNING AND ZONING COMMISSION
PREPARED ON: 04/10/07
STAFF PLANNER: Tammy DeWitt
PLANNING AND ZONING COMMISSION HEARING DATE: April 18, 2007
APPLICATION NUMBER: H6177
ASSESSOR PARCEL NUMBER: 406-45-011P
AGENDA ITEM NUMBER: 7
SUPERVISOR DISTRICT: 3
TYPE OF APPLICATION: Use Permit
APPLICANT NAME: Richard Perez
PROJECT NAME: Trail Horse Adventures
PROPERTY LOCATION: Located approximately 1800 feet east off of Main Street on
Mingus Avenue outside the City of Cottonwood.
ZONING: R1L-18 (Residential; Single Family Limited; 18,000 min sq ft lot size)
SIZE OF PARCEL: 3.5 acres
SURROUNDING ZONING: R1L-18 (Residential; Single Family Limited; 18,000 min sq ft
lot size)
SURROUNDING LAND USE: Developed residential property.
UTILITIES AND SERVICES:
 FIRE: Verde Valley Fire District
 WATER: well
 SANITARY: septic
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Staff Report To The Yavapai County Planning and Zoning Commission
REQUEST/DESCRIPTION OF PROPOSAL:
The applicant is requesting the consideration of a Use Permit to allow the applicant to
operate horseback tours, daytime western events, and a western store. There will be 2
regular employees and up to 10 employees for large events. During high demand, the
applicant is proposing to have up to 50 horses on the property. Currently, there are 32
horses and 12 calves for the western shows on the property, and the applicant will
purchase more horses as needed. The western store will provide drinks, snacks, and
western wear for visitors to purchase.
The applicant is requesting a waiver of the paving requirements due to the horse use in
the area and a waiver of the screening requirement to allow for a native screening to
help maintain the rural atmosphere.
Horseback tours will run north along the Verde River through private property up to
Dead Horse State Park. The applicant has obtained Licenses from the private property
owners to allow them to pass through their property. The applicant has been working
with the Dead Horse State Park to obtain a business license to run their business
through the State Park.
The applicant is proposing to have temporary restroom facilities for the proposal until
they save enough money to install permanent restrooms. There will be a bathroom in
the store available for guests.
All the buildings represented on the site plan are already on the property. The house will
be converted into a store and will need to comply with building code requirements for a
commercial business. The horse stalls will need to be installed and the arena has
already been built.
At a later date, the applicant may come in for an amendment to have a restaurant on
the property and to do canoe tours on the Verde River. The applicant will have to go
through the public hearing process to amend the Use Permit.
BACKGROUND/PREVIOUS ACTION: The applicant’s property has been in violation
with the Land Use Department for the outside storage of equipment. In working with the
Land Use Department, the applicant has been cleaning up the property and getting rid
of the equipment that was stored on the property.
The applicant purchased the Trail Horse Adventures name and equipment in 2006 to
operate horseback tours in the Cottonwood area. Previously, Trail Horse Adventures
operated in the Red Rock Loop area and was in operation from 1986 to 2006. When the
applicant came in to renew his Use Permit, there was a lot of opposition from the
neighbors in regards to the traffic and noise. It was stipulated that the business would
need to phase out over five years by decreasing the number of horses on the property.
The parcel was approximately 7 acres with 90 horses.
ZONING: The property is currently zoned R1L-18 which would allow as a matter of right
a residential site-built home. Similar uses to what is proposed would first be allowed in
an M1 (Industrial; General Limited) zoning district.
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Staff Report To The Yavapai County Planning and Zoning Commission
In an R1L-18 zoning district, the applicant would be allowed 7 horses as a matter of
right on 3.5 acres. For this proposal, the applicant perceives he will need a maximum of
50 horses to satisfy the needs of the business. There will also be calves for the large
roping events to be held in the arena.
ACCESS: The property is accessed from Mingus Avenue which is a County Maintained
paved road.
TRAFFIC: Currently, the property is zoned residential and would have traffic from a
single residence. The proposed project would have a significant increase in traffic due
to people can be watching the western events and others on the trail ride. Others could
just be stopping by the store for souvenirs.
PARKING: 32 parking spaces required with 2 being ADA compliant. This is delineated
on the site plan.
The applicant requested a waiver of the paving requirement for the parking area to help
in maintaining the western feel of the property. There will be a water buffalo to help
mitigate the dust.
SIGNAGE: A 64 sq ft sign would be allowed with a height of 12 ft max.
SCREENING: The applicant is requesting a waiver of the screening requirement to
allow for native landscaping.
WATER/SANITARY FACILITIES: The applicant proposes a western store in which
water will be provided for customers.
The applicant is proposing porta-potties until permanent restrooms can be installed.
There will be a primary restroom available in the house that will be converted into a
store. The septic system will need to be reviewed in order to determine if it will need to
be expanded for the proposed use. This will be reviewed more when the applicant does
his preliminary code review meeting.
TRAILS: The applicant proposes to take guests north along the Verde River through
private property to Dead Horse State Park. Staff did request the applicant to obtain trail
easements through the private property, but property owners were more comfortable
with a license to give permission for the business to cross their property and not open to
the general public. Dead Horse State Park will be issuing a business license to the
applicant in order to do a commercial business in the park.
CITIZEN PARTICIPATION PROCESS: The applicant has contacted the surrounding
property owners and has obtained licenses from the property owners for trail access
through their property.
There have been no letters of support or opposition for this application.
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Staff Report To The Yavapai County Planning and Zoning Commission
CONFORMANCE WITH COMMUNITY PLAN: The subject property is not located within
a Community Plan area.
REVIEWING AGENCY COMMENTS:
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Land Use Unit: Holding pens and stalls will need to meet setback requirements.
Property in violation for outside storage. Applicant working on getting rid of
excess machinery.
Flood Control Unit: No objections. If the waiver for the paving of the parking
area is denied, the applicant will need to provide a drainage report.
Design Review: No comment
Public Works: Applicant has installed the culvert required for the access.
Environmental Unit: No comment
Building Safety Unit: A change of Use Permit will be required along with tenant
improvements. All areas will have to be ADA compliant. Temporary facilities will
have to be approved by the Chief Building Officer.
Verde Valley Fire District: No objections
Dead Horse State Park: Will be issuing a trial commercial license for a year
prior to issuing a permanent business license.
STAFF ANALYSIS, SUMMARY AND EVALUATION: The applicant is requesting a Use
Permit to have trail rides from Mingus Avenue to Dead Horse State Park, western
events, and a western store. Currently, the applicant is in violation for outside storage
and working to get rid of the excess machinery on the property.
The horseback tours will start at the subject property and across private property to the
Verde River. They will travel along the Verde River up to Dead Horse State Park. The
applicant has obtained licenses from the property owners to be able to cross their
property. Dead Horse State Park will be issuing the applicant a trial commercial license
for a year to make sure no issues come up.
The parcel is 3.5 acres and would allow 7 horses as a matter of right. The applicant is
proposing to have 50 horses and 12 calves on the property. There is a 5 acre parcel of
land across Mingus Avenue that the applicant said he can lease to have an area for the
horses to graze. Horses will be alternated in order to give them a break. The calves will
be kept in the arena on the property. The site plan shows 25 holding corrals for the
horses and will each hold 2 horses.
The applicant stated that there will be a water truck on hand to help with dust abatement
if the waiver for the paving of the parking area is approved. Each pen will be cleaned
daily and the manure will be hauled away every other day. The latest in abatement of
odor, flies, and dust control will be used to minimize the impact to the surrounding
neighbors.
The applicant has requested that the Use Permit be permanent. Due to the amount of
animals and that it is a residential area, staff would suggest a limited time on the Use
Permit to make sure the use is appropriate to this location. Plus, with the applicant
obtaining licenses from property owners, a property owner can change his mind or a
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Staff Report To The Yavapai County Planning and Zoning Commission
property can be sold and the new owner may not want this use going across their
property.
To date, there have been no letters of support or opposition for this proposal.
Should the Commission feel this use is appropriate for the property, and is in the best
interests of public health, safety and welfare, staff offers this list of stipulations to
consider.
HEARING APPLICATION: H6177
SUGGESTED STIPULATIONS:
1. The Use Permit shall be granted on a 5 year basis in conformance with the Letter
of Intent dated October 11, 2006 and “Address New Issues” letter and Site Plan
dated October 11, 2006.
2. Waiver of paving requirements for parking area.
3. Waiver of screening requirement to allow for a natural landscaping.
4. Applicant to participate in a Preliminary Code review within 30 days on Board
approval so applicant will understand all the code requirements.
5. All uses, except for the trail rides, will be conducted on site. All licenses from
property owners and Dead Horse State Park shall be maintained at all times
while this Use Permit is in effect.
6. A maximum of 50 horses to be stabled on site subject to an ongoing abatement
program for odor, pests, and dust control.
7. Manure removal shall be required every other day.
8. Certificate of Compliance to be issued within 12 months of Board of Supervisors
approval confirming that all stipulations have been satisfied, the use is operating
in conformance with all approvals, and in conformance with all other applicable
County, State, and Federal regulations or the Use Permit will become null and
void.
9. A shaded area shall be provided over the horse corrals.
10. In the event the owner of the subject parcel files a claim under ARS Section 121134 regarding this Use Permit, this Use Permit shall be null and void.
ATTACHMENTS:
A.
B.
C.
D.
E.
Area Map/ Zoning Map/Flood Map
Letter of Intent
Letter Addressing Issues
Map of Trail
Site Plan
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