Town of Summerfield Planning Department

Transcription

1 Town of Summerfield Planning Department August 1, 2011 Craig and Susan Smith 7009 Mustang Ct Summerfield, NC RE: Special Use Permit CASE #02-11 SP Dear Mr. and Mrs. Smith, Following a public hearing on July 28, 2011 requesting a Special use Permit, the Summerfield Board of Adjustment approved the request for a Special Use Permit for an Equestrian Facility on the following properties: The property is located at 7169, 7173, and 7179 Strawberry Road, being part of Guilford County tax map # , , and The properties are owned by Craig and Susan Smith. The conditions offered by the applicant and approved by the Governing Body are: Uses shall be limited to the following: 1. Equestrian Facility 2. Underlying AG zoning to remain in effect as well No development conditions were considered. This decision is final unless appealed in writing to the Clerk of Superior Court within thirty days of the date of Board approval. You will be notified if there is an appeal. If you have any questions concerning this matter, please contact me at Town Hall at Sincerely, Christopher S. Anderson, AICP Town Planner PO Box 970 Summerfield, NC Fax

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18 SPECIAL USE PERMIT # SP Special Events Facility. Located at 7169, 7173, and 7179 Strawberry Rd and is currently zoned AG. Being Guilford County Tax Map # , , and , approximately acres. Owned by Craig and Susan Smith. The requirements of (A) General Requirements have been met. Application was on time and the applicant did meet with the Town Planner prior to filing. All fees per (B) have been paid. Section (C) Development Plan has been satisfied. The site plan includes all information required by the ordinance. The development plan consists of a total of three parcels, adding up to a total of acres. The development plan also shows the existing buildings on the property, including a new barn being constructed on a three acre tract. The plan will need to indicate parking equal to 1 space for every 2 stalls located within barns for horses. A public information session was held on June 29, (Comments included as separate pages) Watershed requirements: o This property is within the City of Greensboro Water Supply Watershed District Watershed Critical Area III. The plan will need to indicate a maximum 4.0% built upon area coverage.

19 3-13.4(F) Conditions for Approval: An application for a Special Use Permit shall be approved by the Board of Adjustment if and only if the Board of Adjustment finds that: 1) The proposed use is represented by an S in the column for the district in which it is located on the Permitted Use Schedule in this Ordinance. Yes Under Recreational Uses within the Permitted Use Schedule, on page 4-7, Equestrian Facility is allowed as a Special Use in zone AG. 2) The proposed conditions meet or exceed the development standards found in Article VI (Development Standards). The development standards for Equestrian Facility include: Permitted in AG, RS-40, and PI Districts Minimum Area: Minimum area required for an equestrian facility to be established is twenty-five acres. The proposed location contains three parcels of land, totaling acres. Use separation: there shall be a minimum one hundred (100) foot distance between manure storage areas, barns or stables and any adjacent residentially zoned property. Dust: All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjoining properties. The applicant will need to address a dust maintenance program. 3) Either the use as proposed, or the use as proposed subject to such additional conditions as the owner may propose or the Board of Adjustment may impose, is consistent with the purposes of the District and compatible with surrounding uses. The proposed use, subject to additional conditions that the Board might consider, appears to incorporate many of the ideals discussed in the Comprehensive Plan. See further discussion referring to the Comprehensive Plan below. The location of the property is within an area zoned AG, with larger lot sizes and private horse farms, as well as several established residential subdivisions. Polo Farms, across Strawberry Road, has an 8.65 acre tract of property that was approved for a special use permit for neighborhood amenities. Additional subdivisions include Hillsdale Lake, Stable Ridge, Lochmere, and the Vineyards. 4) The Special Use Permit shall be granted when each of the following Findings of Fact have been made by the Board of Adjustment: a) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted; This proposal will not materially endanger the public health or safety if developed as planned (Most of the structures are already located on the property and one is currently being constructed. The proposed use of the property as an Equestrian Facility appears that it will not impact health or safety). b) That the use meets all required conditions and specifications; Yes provided that the applicant demonstrates all the above conditions and specifications of the Town s Ordinance have been met. c) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and The subject property has been utilized in some sort of equine based function for many years. The adjoining and abutting properties have also been long established. Aerial photography from 2002 and 1995 show land cover that is essentially unchanged to today. The proposed use of the property is more intense than is currently permitted. The Special Use Permit will afford the Town greater options for regulation and expected standards. The proposed use is supported by the fact that the business has been expanding over the past few years.

20 d) That the location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Jurisdiction and its environs. If developed as planned, the use will be in harmony with the area in which it is to be located. The applicant seems willing to mitigate concerns of neighbors as much as is reasonably possible. And it will conform in general to the plans of development for the Town of Summerfield. See Comprehensive Plan comments below. There has been concern mentioned about the indoor riding ring that is being constructed on the property. The building is permitted by right on the property. Incorporating the building into the Equestrian Facility will only be permitted with the approval of the Special Use Permit, but it can be used currently for private use by the property owners. There are no design standards currently in place for this location. There will be mandatory modifications needed (commercial building standards ie. ADA compatibility, provision of rest rooms) if the building is to be incorporated into the Equestrian Facility. The Town of Summerfield Comprehensive Plan and Equestrian Facilities. Policy Area 1 of the Comprehensive Plan is titled Appropriate, Limited Commercial Development. While this proposal may not conform to the typical type of commercial development, especially that which is exemplified in the Comprehensive Plan discussion, this is a commercial for profit venture. It can also be said that the business activity is limited, that it reflects or shows off the community feel, and is a locally owned, independent business, all things that the Comprehensive Plan says should be encouraged. Policy Area 2 is titled Sidewalk, Bikeway and Trail System. Equestrian Trails, or at least horse ownership is discussed. The proposal allows a continuation of a service that is obviously in demand for the area, Summerfield and beyond. Policy Area 3 is named Community Character. This proposal helps to maintain open spaces and rural atmosphere. Allowing the use to operate properly adds incentive to maintain a rural or agricultural use, and not other potential uses of property such as a residential subdivision. This proposal helps preserve our small Town atmosphere. Open areas, farms, meadows, and vistas are kept intact. The Comprehensive Plan also discourages unreasonable restrictions on farm uses. Policy 3.6 specifically addresses encouragement of farmland activities and the keeping of horses. The proposal also continues the thematic design of Polo Farms and homes in the area. Policy 3.7 begins by stating the Town should help keep small family farms viable, such as that associated with horseback riding. This proposal is a small business that will help to preserve our cultural roots, and can bring significant community character benefits to the area beyond the specific property. Policy Area 7 is titled Parks and Recreation Improvements. The proposal, if approved, will permit recreational opportunity to serve Summerfield residents. In addition to the references to the Town of Summerfield Comprehensive Plan, I would like to present some research material regarding Equestrian Facilities. Our permitted Use Table lists the number 7999 as the SIC code for Equestrian Facilities, actually Amusement and Recreation Services, not elsewhere defined. This represents a division of professions (often used for land uses) by the US Department of Labor, Occupational

21 Safety and Health Administration Standard Industrial Code (SIC). Equestrian Facility falls into this category, and is defined as Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. The definition included in the Public Hearing notice is as follows: An Equestrian Facility is roughly defined as a commercial equine facility that is offered to the general public and offers any combination of services including but not limited to riding instruction, retail sales, training, boarding, and horse shows. This definition was considered but not adopted by the Town of Summerfield. A definition provided by the Department of Labor includes establishments primarily engaged in performing services, except veterinary, for pets, equines, and other animal specialties including boarding, breeding, showing, and training of horses. Some additional research is included below by former Planner Robin Smith: One of the issues that has not been addressed in our Development Ordinance is the definition of the Equestrian Facility. A proposed text amendment would have defined the use as A commercial equine facility that is offered to the general public and offers any combination of services including, but not limited to riding instruction, retail sales, training, boarding, and horse shows.