99SR0254.pdfJune 23, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SR0254
Lynwood and Laurie Fields
Bermuda Magisterial District
Southwest terminus of Gill Street
REQUEST: Renewal of Condkional Use (Case 93SN0132) to permit a stock farm in a Residential
(R-7) District.
PROPOSED LAND USE:
The applicants wish to continue to keep three (3) horses at their residence.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the Chester Village Plan suggests the property and surrounding area are
appropriate for single family residential use, the use has existed on the property for
several years with no apparent adverse impact on area development.
B. The recommended conditions attempt to mkigate any impact that this agricultural use
might have on surrounding residential properties.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1.
This Conditional Use shall be granted to and for Lynwood and Laurie
Fields, exclusively, and shall not be transferable nor run with the land.
(P)
(STAFF/CPC) 2.
The horse paddock, stable and associated facilities shall be cleaned
and made free of waste daily. Waste shall be stored in enclosed
containers and disposed of weekly. In addition, the applicant shall
employ a means of eliminating any odor problems and propagation of
insects. (P)
(STAFF/CPC) 3.
This Conditional Use shall be limited to the keeping of three (3)
horses. (P)
(STAFF/CPC) 4.
The home paddock, stable and associated facilities shall be located as
generally shown on the plan submitted with the application and
attached to the "Staff's Request Analysis and Recommendation."
Provided, however, that the paddock, stable and associated facilities
may be relocated if such improvements are located at least twenty-five
(25) feet from other individuals' property lines. (P)
(STAFF/CPC) 5.
A minimum of one (1) acre of land area shall be maintained for each
horse kept on the property. (P)
GENERAL INFORMATION
Location:
Southwest terminus of Gill Street. Tax ID 789-652-Part of 7389 (Sheet 26).
Existing Zoning:
R-7 with Conditional Use
Size:
3.0 acres
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Existing Land Use:
Stock Farm
Adiacent Zoning & Land Use:
North, South, East and West - R-7; Single family residential or vacant
UTILITIES
Public Water and Wastewater:
Use of the public water and wastewater systems is not required for the proposed use.
Private Well and Septic Tank System:
The existing well and septic system are functioning satisfactorily. The Health Depamnent
approves of their continued use. In addition, based upon the most recent well water test
results, and the fact that there have been no ill-effects of use of the private well in conjunction
with the location of the stables, the Health Department does not feel is necessary to continue
the required monkor'mg program imposed with Case 93SN0132. In view of this, deletion of
Condition 7 of Case 93SN0132 is recommended.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains in two directions. Approximately fifty (50) percent of the
northern portion of the property drains to the north to a small tributary stream located on the
adjacent property. The remaining portion of the property drains to the southeast. There are
no known on- or off-site drainage or erosion problems.
PUBLIC FACILITIES
Fire Service:
This request will have a minimal impact on fire/rescue services.
Transportation:
The proposed land use will have no impact upon the existing transportation network.
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LAND USE
Comprehensive Plan:
Lies wkhin the boundaries of the Chester Village Plan, which suggests the property is
appropriate for residential use of 1.01 to 2.5 unks per acre.
Area Development Trends:
Area properties are zoned residentially and are occupied by single family residences or remain
vacant. Based upon the adopted Plan, it is anticipated that the area surrounding the request
parcel will continue to experience residential development.
Zoning History:
On November 24, 1992, the Board of Supervisors upon favorable recommendation by the
Planning Commission approved a Conditional Use (Case 93SN0132) to permit a stock farm
(three horses) on the subject property. The Conditional Use was granted for seven (7) years.
The current proposal is to renew the Conditional Use.
Since the granting of the Conditional Use, there have been no known problems associated
with the keeping of three (3) horses on the subject property.
Site Design:
The property is currently part of a larger parcel occupied by a single family residence and
accessory structures. The continued keeping of horses is only permitted subject to obtaining
a renewal of the Condkional Use for a stock farm. The applicant intends to maintain the
majority of the request site for a paddock area, stable and associated facilkies devoted to the
keeping of three (3) horses.
CONCLUSIONS
While the Chester Village Plan, suggests the property and surrounding area are appropriate
for single family residential use, the use has existed with a Conditional Use for several years
with no apparent adverse impact on area residential development. While staff did not support
the original Conditional Use based upon the Chester Plan's suggestion that the are would be
appropriate for residential development, the character of the area immediately surrounding
the request property has not experienced nor is it anticipated to experience a major change.
Given the size of the property and the recommended conditions, it is anticipated that the use
can continue without any major impact on existing or future area residential development.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (5/18/99):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended
approval of this request subject to the conditions on page 2.
AYES: Messrs. Gulley, Cunningham, Marsh and Shewmake.
ABSENT: Mr. Miller.
The Board of Supervisors, on Wednesday, June 23, 1999, beginning at 7:00 p.m., will take under
consideration this request.
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-7
RENEWAL
32
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99SR0254
In Bermuda Magisterial District, LYlgWOOD AND LAURIE FIELDS
requested renewal of a Conditional Use (Case 93SN0132) and
amendment of zoning district map to permit a stock farm, to
allow the keeping of three (3) horses, in a Residential
(R 7) District. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.01 to 2.50 units per acre. This
request lies on 3.0 acres lying off the southwest terminus
of Gill Street, approximately 581 feet southwest of the
intersection of Gill and Percival Streets, also known as
4245 Gill Street. Tax ID 789 652 Part of 7389 (Sheet
Ms. Rogers presented a summary of Case 99SR0254 and stated
that the Planning Commission and staff recommend approval
subject to conditions.
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99 579
Ms. Laurie Fields stated that the recommendation is
acceptable.
There was no opposition present.
After brief discussion, on motion of Mr. McHale, seconded by
Mrs. Humphrey, the Board approved Case 99SR0254 subject to
the following conditions:
1 This Conditional Use shall be granted to and for
Lynwood and Laurie Fields, exclusively, and shall not
be transferable nor run with the land. (P)
2 The horse paddock, stable and associated facilities
shall be cleaned and made free of waste daily. Waste
shall be stored in enclosed containers and disposed of
weekly. In addition, the applicant shall employ a
means of eliminating any odor problems and propagation
of insects. (P)
3 This Conditional Use shall be limited to the keeping of
three (3) horses. (P)
4 The horse paddock,
shall be located
submitted with the
'~Staff's Request
Provided, however,
associated facilities may be relocated
improvements are located at least twenty five
from other individuals' property lines. (P)
5 A minimum of one (1) acre of land area
maintained for each horse kept on the property.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
stable and associated facilities
as generally shown on the plan
application and attached to the
Analysis and Recommendation."
that the paddock, stable and
if such
(25) feet
shall be
(P)
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