Missouri Public Training and Riding Stable Conditional Use Permit

Site Location:                                        16900 Old BB Hwy

Section 18 | Township 53 | Range 30

Site Size:                                                37.29+ acres

Existing Landuse & Zoning:             Residential Rural (R-1) / Agricultural District (AG)

Zoning/Platting History:                     Rezoning to R-1 & Subdivision – Bailey Acres, 1972,

Conditional Use Permit Public Riding Stable July 2014

Surrounding Landuse & Zoning:

Current Conditions:

Courtesy Microsoft® Bing™

Patricia A. Crawford is requesting approval for the renewal of a Conditional Use Permit (CUP) to operate a public training and riding stable located at 16900 Old BB Hwy. The property is 37.29+ acres in size and zoned Residential Rural (R-1) and Agricultural (AG).

As stated in the enclosed business plan submitted by the applicant/owner (Attachment D), the facility is intended to “provide quality care for my horses and the boarded horses, and to be a family friendly place for … people to enjoy their horses in a quiet country atmosphere”. Her stated proposed maximum capacity would be for 25 horses. Presently, there are 21 horse’s three (3) of which are the property owner’s.

The facility includes all of the following features:

The applicant/owner stated that the parking lot will be allocated for boarders on the North side of the house in a 110’ x 120’ graved lot. This will be enough space for 5 horse trailers that are currently parked there. An ADA space is also available in this parking lot and shown on the site map. The driveway is paved and the parking area is 3” base rock and 1” clean rock (no dust) topped over the entire area.

Restroom facilities for customers are provided by 1 of the bathrooms inside the existing single- family house.

Management of animal waste and by-product would be harrowed regularly behind a tractor to break up the manure piles (1x/month). The reduction of flies would be handled by Fly Predators from Spalding Laboratories, to be applied to the pastures and barn area during warmer months.

2008 Comprehensive Plan Considerations

The  Comprehensive  Plan  (“Plan”)  indicates   that   the   subject   property   is   located   in  the RURAL LOW DENSITY TIER .

The following tables illustrate two (2) of the most pertinent policies shaped by the Plan. The first (1^st) table shows the landuse tiers and corresponding guidelines, and the second (2^nd) explains the exceptions to the 20-acre minimum lot size policy directed by the Plan.

Staff believes this CUP request for a public training and riding stable is consistent with the 2008 Comprehensive Plan due to the larger property size (greater than 20 acres), proposed AG- related use/activities, and adequate supply of public access and utilities based on estimated demand.

Character of the General Neighborhood

AG zoned property, Leewood North (R-1), Horseshoe Acres (AG), Dagley Acres (R-1), and Georgetown Acres (R-1) are to the north. AG zoned land is to the East. Dowdle Estates (R-1A), Jesse James Farm Park, James Place (R-1), La Ba Estates (R-1), Marcrest Subdivision (R-1) are to the south, and Richland Heights (R-1), Summersett (R-1) are to the west. Agricultural (AG) zoned land to the east and south of the property [See Attachment B].

Code Considerations

The Conditional Use Permit (CUP) application was properly noticed in the Courier Tribune on 07/18/2019. Adjacent property owners within the statutory law mandated 1,000 foot distance were notified by means of a certified letter sent 07/19/2019.

The subject request for a public training and riding stable is handled under multiple portions of the 2011 Clay County Land Development Code (“LDC”). The use table inside Section 151-6.1 includes a “Stable, Training and Riding, Public” designation requiring approval of a Conditional Use Permit (“CUP”) in the Agricultural (“AG”), Residential Rural (R-1), and Open Space (OP) zoning districts. As such, the subject request must meet all of the approval criteria for a CUP in Section 151-3.10 (A) (13) detailed below:

A)   The proposed use complies with the intent of the Comprehensive Plan and general provisions of the Land Development Code, modified for the specific use request.

B)   The proposed use in its proposed location will not have a substantial adverse impact on the public health, safety or general welfare.

C)   The proposed use will not cause substantial injury to the value of other property in the vicinity.

D)   Adequate access routes will be provided and designed to prevent traffic hazards and to minimize traffic congestion in public streets.

E)   Adequate public safety, transportation and utility facilities/services will be available  to service the subject property while maintaining adequate levels of service for existing development, and

F)    The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (i.e., hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts).

Section 151-10 of the LDC requires development standards for off-street parking as this new use was established in 2014’. Staff classified this public training and riding stable as an “Outdoor sales or display area (over 3,000 square feet)” under the Off-Street Parking Schedule “B” in the LDC. Schedule “B” requires one (1) parking space per 1,000 square feet of building space.

In relation to the subject request, this would calculate out to be a minimum number of two (2) parking spaces since this request will be utilizing approximately 1,750 ft² of indoor building space. In addition, one parking space must meet American Disabilities Association (ADA) universal accessible space standards. Taken further, the minimum parking stall size as established by the LDC is 8.5’ x 18.5’, or 157.25 square feet. If 2 total stalls are required, that equates to 314.5 square feet of total area. Include the ADA Van-Accessible compliant space size (16’ x 18.5’ = 296 ft²), plus necessary navigating space to get in and out of the spaces, and

the total parking area needed to adequately serve the application is roughly 1,405 square feet. The enclosed business plan submitted by the applicant indicates the parking allocated for boarders is 110’ x 120’ graveled lot with enough space for five horse trailers and an ADA space is provided. The driveway is paved and the parking area has 3” base rock and 1” clean rock topped over the entire area. Therefore, the subject request meets all off-street parking development standards.

Increases in required off-street parking initiated by future development and/or buildings would be addressed prior to the issuance of any building permits in accordance with Section 151-10 of the LDC. The required parking spaces and drives shall be ready for use and approved by the Planning and Zoning Director prior to issuance of a certificate of occupancy.

Section 151-6.2 (C) (1) (e) of the LDC establishes an Animal Unit (AU) standard for calculated the allowed amount of animals per acre of land. As can be seen under Figure 151-6.2-1 of the LDC, no more than one adult horse per 1 acre of land is allowed. The purpose of this LDC restriction is to prevent pasture areas from being over-grazed and causing soil erosion and sedimentation. The subject property is 37.29 acres, and the subject request is proposing a maximum of 25 horses, thereby complying with the AU standard for horses (25 < 37.29).

Outside Agency Review

No change is being made concerning the restrooms from the previous Conditional Use Permit approval; therefore no comment was needed from Clay County Public Health Center.

In 2014 Conditional Use Permit (CUP); Clay County Public Water Supply District #3 stated in a letter they were capable of serving the subject request, and they are presently supplying water for the facility.

The Kearney Area Fire Protection District serves this property.

For the 2014 CUP the Clay County Highway Department required a 30’x18’ driveway culvert, which was permitted and installed in 2014. On June 18, 2019 a letter from the Clay County Highway Department stated “the location at this address meets the standards for a Conditional Use Permit for a public training and riding stable.”

The LDC requires the submittal of a business plan with any proposed CUP, and the applicant has provided the attached plan (see Attachment D). The plan states that the business hours will be 8 a.m. – 8 p.m. 7 days a week.

As stated in the business plan, the management of animal waste or by-product (“manure”) will be harrowed regularly behind a tractor to break up manure piles. The reduction of flies caused by manure is proposed to be handled by Fly Predators from Spalding Laboratories, which is added to the pastures during warmer months to assist in fly reduction.

Animal waste or by-product (“manure”) management by means of harrowing is permissible at this time. However, if odor complaints arise then manure management shall be  handled through a composting facility and direct disposal as fertilizer or recycling as compost. Burning of manure shall not be permitted.

Based on the submitted business plan, site plan drawing, and verbal conversations with the applicant, staff believes that the proposed CUP will not dramatically impact traffic, noise, or other nuisances such as odor. The applicant/owner has met or exceeded all requirements of a public training and riding stable at their preferred intensity level (at most 25 horses). In addition, Planning & Zoning has not received any substantiated complaints about the conditional use permit since it was issued in 2014.

The applicant/owner received a Home Occupation permit on February 20, 2013 for tack repairs and sales of saddles.

Recommendations

Staff recommends the request for the renewal of the Conditional Use Permit for a public training and riding stable be approved, with the following conditions as shown on Exhibit A:

Exhibit A

1. The CUP shall be issued to “Patricia A. Crawford”, based on a time frame of fifteen

(15) years.

2. A minimum parking area of 1,405 square feet must be provided, and shall include at least one American Disabilities Association (ADA) universal accessible space.

3. Larger-sized concrete rocks (also known as “clean-rock”) will be used on all driveways and parking areas to prevent excessive dust, along with the use of the dust-free sealant “Durasoil”.

4. Business hours are not to exceed 8:00 am to 9:00 pm 7 days a week.

5. A pasture management plan shall be followed to assure proper growing conditions for grazing. Any degradation of pasture areas that creates soil erosion or sedimentation is subject to the enforcement provisions of Section 151-6.2 (C) (1) (h), 151-11.2, 151-8.12, and 151-8.19 of Land Development Code, including revocation of the Conditional Use Permit.

6. Animal waste or by-product (“manure”) management by means of harrowing is permissible at this time. However, if odor complaints arise then manure management shall be handled through a composting facility and direct disposal as fertilizer or recycling as compost. Burning of manure shall not be permitted.

7. Once approved, this CUP is non-transferable; therefore, if ownership changes a new CUP must be filed with the Clay County Planning and Zoning office.

 Attachments