Leaders to make decision May 17

GREEN CREEK — The Polk County Board of Adjustment will decide whether or not to approve a conditional use permit for five recreational vehicle cabins on 65 acres in Green Creek on May 17, after hearing all opposition from the public.

The BOA held a hearing Tuesday for a conditional use permit application from Charles Jayne, who said he wants to place five cabins on his property for he and his employees to live in.

The meeting room was packed with residents, and all speakers were in opposition of the conditional use permit for the cabins, and mainly for Jayne’s plans of a 30-stall barn. The cabins are the only item up for a conditional use permit, as the barn and residence are allowed outright in “Multiple Use” zoning.

Jayne said he plans three phases of construction on his property — located across from Russian Chapel Hill Winery on Green Creek Drive — including the cabins, then a 30-stall barn and his residence.

Jayne said he is from Chicago, and plans to spend approximately six months at his property. He also said he expects a maximum of 10-12 people will live in the cabins, and said he plans to train people to ride horses once his barn and paddock is complete.

BOA Chair Frank Monterisi said the board has to make factual findings that the use will not adversely affect the health of neighbors, will not be detrimental to property values and is designed and operated in such a manner that is in harmony with the neighborhood.

Polk County Planner Cathy Ruth overviewed the application, saying Jayne requested installing five park models on his property, one for him and the rest for his employees.

“When he explained what he was doing, I said that would constitute a recreational vehicle park by our definition,” Ruth said.

Jayne responded that he was not renting out the units, but they would be for his own use, according to Ruth.

Ruth said she consulted the county attorney, who advised if more than one unit is installed it is an RV park, per the county’s ordinance.

Ruth also said Jayne owns a parcel of land contiguous to the 65-acre parcel where the approximate 1,100-foot driveway is located.

John Catalano said it looks like the mobile homes, or RVs will abut his property. He said he doesn’t understand who else will be living there besides Jayne, and the configuration of the cabins could be up to five persons each, so that means there could be 20-25 people on the two septic systems.

“I just happen to be living downhill from that septic system,” Catalano said.

He also said what really jumped out at him was the 30-stall barn, and discussed waste management for that many horses.

“I don’t know a lot about horses, but I own a cat,” Catalano said.

He said for 30 horses that could be 360 tons of waste a year, and suggested managers of large stables prepare a waste management plan.

“That is a commercial activity that requires a plan,” Catalano said.

Monterisi said following Catalano’s comments, as well as several times throughout the hearing, that the conditional use permit under consideration is only for the park models.

Jayne responded he will be living there six months of the year and there is normally one groom for every three to four horses.

“Some employees have been with me for years, some have not,” Jayne said. “Once the barn is built I will probably find a local property manager to live in one of the park models to manage the property when I’m not there.”

Jayne said he travels nationally and internationally, and plans on using his Green Creek home as his summer base.

Board member Hal Green, a retired lawyer, said with a conditional use permit, if approved, the board can apply whatever conditions they want. The board can limit the amount of people who can stay in the units, for example.

Jane Gay brought up deed restrictions on Jayne’s property that include the property be used for agricultural and residential purposes, as well as homes on the property be no less than 1,600 square foot.

“My concern is there is a problem with the deed,” Gay said. “It was the intent of the family to have that property used for horse farming.”

Gay also said she has concerns about the safety of the road going into the property, with the entrance being an 89-degree angle.

Jayne responded that he spoke with his attorney about the deed restrictions and he is not worried in any way about them because he plans to build a farm. The restrictions will be over in five years, Jayne said.

Phil Burrus, Hunting Country Association president, said his community is in favor of equestrian farms, but not the RV park. He also said it takes 2 acres to pasture a horse and it was mentioned that Jayne is planning 17 acres for a pasture, barn and house.

“The conditional use permit runs with the property, not the owner,” Burrus said. “Once it’s set, it’s really set in stone.”

Burrus also said he has never seen an RV park increase surrounding property values.

Several residents spoke of their concerns about increased traffic with more horse trailers that most said do not fit on the small roads in the area.

Edwin Turnage said there is no way any horse trailer can make that dangerous turn, saying it could lead to motor vehicle collisions.

“I’m concerned about the safety in the community,” Turnage said.

He also said there is a deed restriction that prohibits any commercial activity.

“That’s not harmonious with the community to do that,” Turnage said.

Board members continuously said the barn or residence does not require a conditional use permit and the board of adjustment is only considering the five park models.

Francine Costner said the 30-stall barn sounds like a training facility and if so, she is opposed to that.

“Because that would mean more horse trailers coming in and out,” Costner said.

She also said she is concerned about the water table, saying when there is a drought she is experienced low water conditions, and Jayne will be watering 30 horses.

Magan Etheridge said she grew up in Green Creek and has watched the quality of life diminish, especially there and in Pea Ridge. She said she is concerned about the increased traffic as children and the elderly walk the roads.

Etheridge also said she is concerned about fire safety, as there is no public water in the area, and fire departments have to use ponds to get water to tankers to fight fires. 

Etheridge also asked if once Jayne changes out the park models, will the new ones have the same size restrictions. Jayne said once the park models get old, he will change them out with new ones.

“Will it be the same restrictions?” Etheridge asked. “Can he stick something bigger out there? Is that going to be a year from now? His version of getting old may not be the same as my version of getting old.”

Etheridge also said 10 employees may not sound like a lot, but if talking about them changing monthly or weekly, it is a lot.

“So for us generational people who have lived here our entire lives, that does raise issues with the harmony,” Etheridge said.

Board member Green said Etheridge brought up a good point about the replacement park models in terms of restricting them to the same or at least similar size.

Etheridge also asked who would monitor or enforce who, or how many people are living in the park models. Green said most enforcement is complaint driven.

Preston White asked Jayne if he plans on training horses on his farm for other people. Jayne answered, “yes.”

The board will make findings of fact in the case and reconvene to either approve or disapprove of the conditional use permit at 3 p.m. May 17. The board meets in the R. Jay Foster Hall of Justice, located on the second floor of the Womack building in Columbus.