That was the message the Yavapai County Planning and Zoning Commission gave Horses with H.E.A.R.T., the charity that helps the disabled through equine therapy, after a hearing on Wednesday.
The nonprofit hopes to make 9.5 acres in Coyote Springs near Prescott Valley its permanent home but ran afoul of concerns from neighbors who fear traffic, dust and reduced property values if the stable is allowed to move to the site at Windmill Acres and Coyote Springs roads, which is zoned residential.
While many supporters of the organization praised it for helping disabled children and adults, several commissioners said they were duty-bound to address the neighbors' concerns. After first voting against the plan, the commissioners then agreed to give Horses with H.E.A.R.T. 30 days to gain the naysayers' nods.
Some 235 disabled individuals ride each year in small groups, said Trudy Chapman-Radley, the director. The charity has been looking for land for three years and has most recently been a guest at a Chino Valley ranch, she said.
"We want to be good neighbors so we can serve people with special needs," she said.
The mother of a 9-year-old autistic boy said her son has greatly benefited from the program.
"This program will truly be a blessing not only to my son but to hundreds of others," she said.
Jim Hoffman, a Coyote Springs resident, added, "This is an amazing program. I can't think of a better place for it to be than Coyote Springs."
"People in Coyote Springs are going to be blessed," said Brian McMaster of Humboldt, whose wife and sons ride at Horses with H.E.A.R.T.
Jeff Coughlin, a lawyer who represents five residents who are suing a tree farm in the neighborhood to enforce deed covenants and restrictions against commercial properties, said Horses with H.E.A.R.T. would likely be the target of a lawsuit if it persists in moving to the property.
Tom Anderson, who lives across Windmill Acres Road, said the road is narrow and bumpy and increased traffic could be dangerous.
"We understand it's a worthwhile enterprise," said LeAnn Carver of Spur Lane. "We do not think it's appropriate for the county to condone a use inappropriate to (covenant conditions and restrictions) and county zoning."
Afterward, Pam Berry, the group's Special Olympics coach, expressed disappointment. The delay will mean the group will likely lose a $50,000 grant that it needs to help pay for the property.
Reader Comments
Posted: Sunday, February 07, 2010
Article comment by:
The Whistle Stop now!
Look at the old HWH home now! Are these neighbors happy???? We thought the Whistle Stop Ranch was a permanent home. What happened to that deal guys?
Posted: Sunday, February 07, 2010
Article comment by:
Kim Myers Secretary Horses with H.E.A.R.T.
I would like to clear up some misconceptions about HwH. We are not an “intensive commercial operation,” just a small therapeutic riding program with 14-18 horses. We will not be boarding horses. We have maybe 4-5 events a year where traffic would be increased, but still minimal. Although we don’t make a profit and all monies are reabsorbed back into our program, we are considered a business. A private party could set up the proposed project and not be in violation. We would have to go through the process of obtaining a Use Permit on almost any property in the Yavapai County. This process takes about 4-6 months. The commercial-zoned properties that we have looked at over the past two years are extremely expensive. In order to use the grants we have been awarded, we can’t assume the debt of a mortgage or someone would have to carry us on the balance of the loan. The grant money must be used within the specified time frame and for the use of land purchase and infrastructure. They have already extended this time frame while we have been going through this extremely long process of searching for a home. We have done all the necessary steps the county requires regarding the Coyote Springs property. We are currently guests at the 5M Ranch in Chino Valley and this is a temporary location. We serve the Quad –City area and have tried to find a location centrally for our riders and volunteers. We have encountered many roadblocks and challenges. The drop in the economy has been a hardship for many businesses, especially non-profits, like us, who rely on donations to operate. The fact that we ARE still around says a lot for our management, perseverance, and the people who have continued to support us through these tough economic times. The Horses with H.E.A.R.T. board cannot be paid or we would lose our non-profit status. Our Executive Director and Ranch Manager are the only paid positions at this time. We believe in the mission of Horses with H.E.A.R.T., and hope that we will soon have a place to call home. If this home isn't going to be in Coyote Springs, then where do you suggest? Our wish is to find a permanent home, not to create problems. Questions, concerns, or great ideas, please call (928) 533-9178.
Posted: Sunday, February 07, 2010
Article comment by:
No name provided
HwH is a great nonprofit and does provide a great service to our community while enjoying an amazing reputation nationally. Their Heroes & Horses program helps returning vets with all types of disabilities in conjunction with the VA. Would a Meth Lab be better or perhaps an auto repair biz at a residence fronting on Coyote Springs.
The precident for the land use issue has been set as their are numerous biz in the area that supercede the new" residents recent "call to action" and litigation against these entities.
HwH has been through growing pains and recently hired a new Executive Director and Director of Development to take them into a new phase with a new permanent (not leased as for 16 years) home and a high level of professionalism. Kudos HwH!
Posted: Saturday, February 06, 2010
Article comment by:
Trea
I have personally serviced those receiving service from Horses with Heart.... People, who are resistant are unaware..... Please let them in.. keep the hope alive for the FEW children left in what is left of the reform plan. It is falling faster than anyone can think and SOON, there will be NO services for children, regardless of their diagnosis(
Posted: Saturday, February 06, 2010
Article comment by:
What's the big deal?
I used to live in Coyote Springs and when we bought our property in 1992 we were told there were strict CC&Rs. What a joke. Our neighbor had a corporate owned 40 acre race horse training facility. There used to be an ostrich and llama ranch out there. Now there's a plant nursery, church, school and assorted other businesses. The Horses with HEART would hardly be noticed out there.
Posted: Friday, February 05, 2010
Article comment by:
No name provided
The legal question is not whether the residents have a referendum on agreeing, but whether the use is in line with the general plan and whether the use would have an detrimental impact to the surrounding neighbors. The neighbors can be arbitrary and capacious. That is why the decision rest with the Planning Commission in Arizona Law. The burden is on the owner to demonstrate that the operation will not be a detriment to the surrounding area. This neighborhood referendum process of obtaining approvals is fundamentally flawed. Does the zoning allow for these uses and whether the test of the use permit are met is the decision of the Planning Commission. If so, the Commission has no reason to deny the request. The assumption should be in favor of the property owner to do with his property as he wants with in the limits of zoining. However, if the owner is seeking a change of zoning, then the surrounding owners do have a right to the legal protest, and the full burden of showing the change of zoning furthers the goals of the general plan is upon the owner. The Commission has no business considering private covenants and restrictions or Home association rules. Those are private agreements, so don't waste my tax money on trying to enforce them.
Posted: Friday, February 05, 2010
Article comment by:
Thomas Liuzzo
Once again our public officials choose to hide behind so-called rules instead of facing "reason." The CC&R's are guidelines not Law's. To use the CC&R's as an excuse to keep out a worthy cause is simply "not Christian." People need to understand that what we do here sets the course for our individual "forever." God Bless...
As a property owner in Coyote Springs located very close to the property HWH wants to buy, I welcome them with open arms. This is a quality program that does great work for children and adults with disabilities. The research also supports the benefit of therapeutic riding programs. If their plan is to continue to have a presentable, clean facility as they have had in the past at Whistlestop, that would only be an asset to our community. While some may feel they have the right to ask questions about why Trudy Chapman sold Whistlestop and her current commitment to HWH, that is a "smokescreen" argument and deflects away from the real issue. It is also no one's business. Those who continually push litigation against the "businesses" that already exist in Coyote Springs are fighting a losing battle. The AZ Court of Appeals has already spoken on the case involving the tree farm, so I don't know what the ongoing conflict relates to. Their are so many businesses already operating in the backyards of Coyote Springs properties, including the church that greets the Coyote Springs resident/visitor when entering the subdivision, that it is comical to suddenly be discriminatory and play the "no businesses...this is a residential area" card when it comes to HWH. Lighten up, NIMBY's. I'd rather have HWH than most of the other dirty, run-down disgraceful "residences" that permeate the area that really drag down our property values. I urge the P&Z folks to "do the right thing" and approve the HWH proposal.
Posted: Friday, February 05, 2010
Article comment by:
Amazing
Folks, it's amazing that the issue of traffic and dust is an issue concerning Horses with Hearts. As a resident of Coyote Springs, I never heard that the traffic and dust was an issue when two housing complexes were built out here. Talk about traffic! There's a good chance I may have more horses on my property than HWH. Now, on a side note. To "Are You Kidding". Sir/Ma'am/Other, my "ramshackle" house will fit three of the trailers yor living in. Coyote Springs is a great "neighborhood" where we actually wave to each other and take care of each other like folks should. Out here in Coyote Springs, we look out with our nice view, dust, and country and think your neighborhood is "ramshackle"!! Have a nice day and don't forget to wipe! Amazing!
Posted: Friday, February 05, 2010
Article comment by:
No name provided
Why does HWH have to move from the place they are now? Why did they leave the Whistle Stop and why did Trudy sell it? The neighbors around there had nothing but good things to say about HWH. Why does HWH move so much?
Posted: Thursday, February 04, 2010
Article comment by:
tired
Dust? In that area of PV? NO! Say it isn't so!Wind never blows through there so no dust right? Ninkinpoops...
Posted: Thursday, February 04, 2010
Article comment by:
JMN
Most agree that helping special needs people is a wonderful thing and HWH's work is admirable and commendable. I am familiar with the organization and believe they do good things. That's not the primary issue. People bought property here knowing about, understanding and agreeing with the covenants, restrictions and county zoning. Now they are being asked to accept changes, to ignore or make exceptions to the rules and property protections they understood would be in place for them. It seems reasonable that folks would have every right to question or even oppose the rules after they are in - for whatever reason. Pushing to put a commercial horse ranch into a area zoned residential is asking quite a bit from neighbors and their concerns and objections are to be expected. They are probably thinking that if this exception is pushed on them what's coming in next?
Posted: Thursday, February 04, 2010
Article comment by:
Central AZ Dweller
No, probably not, Old Gringo. The people who want Horses with H.E.A.R.T. to succeed in our area and give wonderful opportunities to special needs folks do not have anything in common with the uneducated who are backing a private prison with no real local jobs turning Prescott Valley into an ugly, destructive prison town. You're comparing apples with maggots.
Posted: Thursday, February 04, 2010
Article comment by:
Not a fan-
I think HWH mission is great but the organization itself is a mess. When you treat others poorly, don't pay people for what they put into a organization things like this start to happen. Sorry HWH saw it coming a mile away. Good luck-Feel sorry for the disabled who benefit but I don't feel sorry for the organization that got themselves in this mess in the first place, poor planning and poor management.
Posted: Thursday, February 04, 2010
Article comment by:
No Need to Cede
Reasonable people can disagree with the proposal even while having empathy for and even supporting the HWH organization. Property owners have the right to protect and preserve their values wherever possible. It seems to me that the HWH folks should have done their diligence and secured acceptance from neighbors well before they stood to lose a $50K grant--unless of course, they are using this as a leveraging tactic in the media to gain public sympathies and persuade the P&Z to bend the rules for them. I see that several comments are running in favor of HWH and their "plight," yet I find myself wondering whether HWH has any viable alternatives that they are not disclosing so they can see if public sympathies will help them gain property they favor but have no legal right to own for said purposes. Perhaps those of you who cry in their defense should offer your services to help them find property that is suitably zoned for that enterprise. It is easy to castigate people for saying 'not in my backyard' but they have that right and given the current and future forecasts for falling property values, unless HWH can show they would increase the property values of their neighbors, I support the resistance. The true solution is win/win, not win/lose. If they can't do that, HWH should either move on to other property options and preserve that grant, or work to replace or extend that grant so that they can apply it to another property.
