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CU25-039 Staff Decision
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FOR PUBLIC VIEW ON INTERNET
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CU25-039 Staff Decision
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Last modified
9/24/2025 12:37:11 PM
Creation date
9/24/2025 12:37:25 PM
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Land Use
Case_Number
25-039
Document_Date
9/24/2025
Land Use Type
Conditional Use
Tax_Lot_Number
083W18B000500
Document_Type
Decision
Site_Address
3705 BALLYNTYNE RD S
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The applicant provided a comprehensive overview of the different uses on surrounding lands within a <br />¼ mile of the subject property. They identified 9 AR-zoned parcels to the east, and 8 SA-zoned parcels, <br />two of which appear to have farming operations. The applicants submitted a chart identifying the <br />surrounding lands, including thorough comments about the potential impact on each property. The <br />parcel to the west of the subject property is developed with one single-family dwelling. The applicants <br />state there is no known history of farm use on this property, and there is a large vegetative buffer that <br />shields the dwelling from the proposed event business. The parcel abutting the northern property line <br />has an active equine farm operation. The applicants identified that the farm use is over 250 feet from <br />the subject parcel, and it is buffered by a slope and heavy tree canopy. The parcel sou th is in farm use <br />but is separated by Ballyntyne Rd and heavy vegetation. The parcel to the east is developed with a <br />single-family dwelling and is not in farm use. The applicants state there is a well-maintained vegetative <br />buffer between this dwelling and the subject parcel. The applicant has sufficiently described and <br />identified agricultural uses in the immediate area. <br /> <br />b. An assessment of the individual impacts to each farm and forest practice, and whether the proposed <br />use is likely to have an important influence or effect on any of those practices. This assessment applies <br />practice by practice and farm by farm; and <br /> <br />The applicants indicate the greatest potential impact of the proposed event business is the noise related <br />to it. A review of the properties within a ¼ mile radius identified only two parcels in active farm use. <br />Based on the site’s physical characteristics, the nature of the proposed operations, and existing <br />separation distances, it is anticipated that the proposed use will have no adverse noise impact on these <br />lands. Furthermore, the applicants have agreed to adhere to the noise ordinance section of the Marion <br />County Code. The subject property is buffered by substantial natural vegetation and topographic <br />variations, which provide effective visual and physical separation from adjacent properties. <br /> <br />Staff also had concerns about the traffic impact and conducted a site visit to evaluate the condition of <br />the Ballyntyne Rd. This road was well maintained, and traffic is light, as it is a dead -end street. <br />Furthermore, the applicants designated parking are for the event business is neatly paved and appears <br />to be large enough to withstand all guests of the proposed events. There will be no congestion from <br />parking on Ballyntyne Rd S. The proposed use will occur primarily indoors and is limited to 8 events <br />annually. These limitations significantly reduce the potential for noise, traffic, or other external impacts. <br />The criterion is met. <br /> <br />c. An assessment of whether all identified impacts of the proposed use when considered together could <br />have a significant impact to any farm or forest operation in the surrounding area in a manner that is <br />likely to have an important influence or effect on that operation. <br /> <br />When considered collectively, the characteristics of the subject site and the operational parameters of <br />the proposed use demonstrate that no significant impact to surrounding farm or forest operations is <br />likely. The identified parcels in farm use are both predominately timbered and each with a dwelling <br />situated well over 200 feet from the subject property line. The principal structure for the proposed use <br />is similarly set back approximately 200 feet, creating a minimum building-to-building separation of <br />400 feet. In addition, substantial natural vegetation and topographic features provide effective visual <br />and noise buffering. The proposed events will occur primarily indoors and be limited to eight times per <br />year, further minimizing potential disturbance. Given these factors, the proposal will not have an <br />important influence or effect on the viability, productivity, or lawful operation of the surrounding farm <br />or forest uses. The criterion is met. <br /> <br />d. For purposes of this subsection, examples of potential impacts for consideration may include but are <br />not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops <br />or livestock, litter, trespass, reduction in crop yields, or flooding. <br /> <br />The applicant recognizes that concerns such as traffic, water availability, introduction of weeds or pests, <br />damage to crops or livestock, litter, trespass, reduction in crop yields, and flooding may be considered <br />in evaluating potential impacts to nearby farm or forest uses. Preventative measures have been <br />incorporated into the project design and operations to ensure these concerns are avoided or minimized. <br />Traffic will be limited to short periods immediately before and after scheduled events, and clear, written
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