PD RECOMMENDATION REPORT (PL-SPP-2022-015)

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Based on the preceding, the subject request is considered an unusual and reasonable use of agricultural land. In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under PC Rule Section 6-3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject request is considered an unusual and reasonable use of the agricultural land and the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands. (B) The desired use would not adversely affect surrounding properties. Surrounding properties to the north, east and west are zoned A-la and most are also approximately one (1) -acre in size, while surrounding properties to the south are zoned A-20a and range in size from ten (10)to over twenty (20) acres. Surrounding land uses are primarily agricultural and residential, with some vacant, undeveloped parcels. The nearest dwelling is located approximately sixty (60) feet to the west of the subject property on TMK (3) 2-5-061:057. The Planning Department received testimony from neighbors and clients of the existing tennis lesson business, in support of the application to legitimize the business. Additional testimony was received from surrounding property owners expressing concerns that the business generates excessive noise, that the covered tennis court is unsightly and that clients of the business speed on Mele Manu Street and tailgate residents as they arrive for their tennis lessons. The applicant has stated that they have posted signs and spoken with their clients,requesting that they drive respectfully. Additionally, the applicant is proposing to end lessons at 6:00 pm (two hours earlier than previously offered), in order to mitigate noise concerns raised by neighbors. A condition will be added to require Plan Approval, which will address landscape buffering to mitigate visual impacts for surrounding property owners. Finally, testimony from surrounding property owners raised the concern that the entire subdivision, including the applicant's property is subject to restrictive covenants -3-