NK supervisors reject zoning for equestrian-themed housing

Citing conflicts with the county’s Comprehensive Land Use Plan, New Kent’s Board of Supervisors has turned thumbs down on a rezoning request that would have paved the way for building a 16-lot, equestrian-themed housing subdivision off Route 249 in Quinton.

Supervisors, meanwhile, have postponed action on zoning law amendments dealing with standards for temporary land uses, along with transportation and utility uses, in the county. Instead, board members have instructed county staff to rewrite the section on mobile food carts after hearing how a Providence Forge hot dog vendor could be put out of business.

Supervisors confronted both issues during their April 14 meeting. A 4-0 vote rejecting a request by developers Pete Sweet and Dennis Mountcastle to rezone just over 95 acres owned by the Gooden family from agricultural to single-family residential followed a narrow 5-4, two abstention county Planning Commission vote last month to turn down the application.

Sweet and Mountcastle proposed to build 16 residences, each with a minimum of five acres for horse pasture. The entire project could have supported up to 32 horses. Houses were to be 1,800 square feet and up with prices beginning in the $500,000 range.

Developers, meanwhile, told the county a homeowners’ association would strictly enforce regulations governing pasture and waste management and the stabling of horses. Developers were also proffering $3,000 per house for schools.

But opponents of the project, mostly neighbors living across Route 249 on Kenleigh Drive and Kenleigh Court, argued that with horses come odor problems. Some said there are no guarantees that homeowners would properly care for their horses. Others cited possible impact of horse waste on groundwater.

Supervisors, meanwhile, agreed that the equestrian-based concept is a good one, but noted that the proposal conflicts with the county land use plan that has designated the site as “rural lands.”

“My concern is having a comprehensive plan and not sticking to it,” board chairman Jimmy Burrell said.

Board member Marty Sparks, who represents the area, said he has heard from his constituents and they are “not terribly excited about this project.”

Supervisor Ray Davis abstained from voting, citing business dealings with the developers.

It’s back to the drawing board, meanwhile, for standards governing mobile food units in the county. A month ago, Planning Commission members deadlocked 5-5 on the matter, thus the measure was forwarded to supervisors without a recommendation.

Last week, supervisors heard from Bill Jennings whose Bill’s Hot Dogs stand on Route 60 in Providence Forge lies at the heart of the controversy.

“What am I going to do?” he asked the board during a public hearing on the standards. “Are you all going to run me out of business?”

Jennings said worries about his business future have led to sleepless nights the past few months.

“Are you going to tell me something so I can go home and sleep tonight?” he asked. “I don’t know what to do. It’s about to drive me nuts.”

At issue is Jennings’ stand that has been in the same location for the past four years, but is a mobile unit that he moves once a year. Under the zoning law proposal, Jennings’ stand would have to return daily to a “commissary” for servicing. The law would also prohibit carport structures, such as the one in front of Jennings’ stand, at a mobile food location.

Jennings told the board that his supplies are trucked to his location, thus he has no need for a commissary, and the existing carport is a demonstration model. He said he sells carports as a business sideline.

County Attorney Jeff Summers told supervisors they have three options. One is to do nothing, which would force Jennings to close. The second would be to pass the amendments as proposed, which would require Jennings’ business to become mobile. Or the board could send the proposal back to staff for revision. Board members chose the latter.

Last month, staff presented options covering mobile as well as stationary food operations, but neither were included in the amendments under consideration by the board. At least one Planning Commission member objected to the options, claiming it was an attempt to favor one business.

Supervisors, meanwhile, unanimously approved raising income ceilings for the county’s disabled and elderly homeowners to qualify for up to $500 in real estate tax relief.

The board’s action increases a homeowner’s maximum income from $25,000 to $35,000 and total combined income of all household members from $35,000 to $50,000.

A household’s financial worth has been upped from $50,000 to $75,000. Financial worth includes all assets, but excludes fair market value of the house and up to 10 acres immediately surrounding the house.

Supervisors took the action to enable more senior and disabled residents to qualify for the county’s tax relief program. Last year, 69 New Kent residents qualified, resulting in tax savings of more than $33,000. County officials estimate that with the new income and wealth ceilings, enrollment numbers could double.

Only one property owner must be age 65 or older or disabled in order for a household to qualify. Residents applying for tax relief must contact the county revenue commissioner’s office at 966-9610. Applications must be filed before July 1.