00SN0168-FEB9.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0168
Betty C. Sedia & Richard K. Sedia
Midlothian Magisterial District
East line of Comer Rock Road
February23,2000 BS
REQUEST: Conditional Use to permit a stock farm, the keeping of five (5) horses is requested.
PROPOSED LAND USE:
The keeping of up to five (5) horses for personal use is planned. The property will
be the applicant's homesite with a barn/stable and the pasture areas are to be fenced.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITION ON PAGE 2 AND 3.
STAFF RECOMMENDATION
If after public input, the Planning Commission and Board wish to approve this request, the
recommended conditions would minimize the impacts the stock farm could have on area residents.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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
(CPC) 1.
The keeping of horses shall only be permitted if the owner of the property
resides on the property. (P)
(CPC) 2.
All facilities and areas associated with the keeping of horses (stables,
pastures, etc.) shall be cleaned and made free of waste on a regular basis. In
addition, the property owner shall employ a means of eliminating any odor
problems and propagation of insects. (P)
(CPC) 3.
This Condkional Use shall be limked to the keeping of five (5) horses and
only for the owner's personal use. There shall be no boarding or revenue
generated from the use of the horses by training or use of the facilkies by the
public. (P)
(CPC) 4.
All pasture areas shall be fenced. A minimum of one (1) acre of fenced
pasture area shall be provided for each horse. (P)
(CPC) 5.
Facilities and areas (stables, pastures, etc.) associated with the keeping of
horses shall be located a minimum of twenty-five (25) feet from adjacent
properties, excluding the Norfolk Southern Railroad. (P)
(NOTE: In addition to these setbacks, accessory structures such as stables and
storage sheds must conform to the setback requirements of the Zoning
Ordinance for such structures.)
(CPC) 6.
Pasture areas shall be limited to the flatter elevations of the property. Prior
to establishing the limits of any pasture area, a plan showing the location of
pasture areas shall be submitted to the Depamnent of Environmental
Engineering for approval. (EE)
(CPC) 7.
Prior to keeping any horses on the property, a plan for the stabilization of
slopes which are experiencing erosion shall be submitted to Environmental
Engineering for approval. Prior to the fencing of any pasture area and the
keeping of any horses on the property, the approved plan shall be
implemented. (EE)
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PROFFERED CONDITION
(CPC) All dwelling units shall have a minimum of 2,700 square feet of gross floor area.
(BI)
GENERAL INFORMATION
Location:
East line of Comer Rock Road, south of Thomleigh Road, and north line of Norfolk
Southern Railroad Line. Tax ID 734-713-5932 and 735-713-2378 (Sheets 2 & 6).
Existing Zoning:
R-40 and R- 15
Size:
27.1 acres
Existing Land Use:
Former debris landfill/vacant
Adjacent Zoning & Land Use:
North - R- 15; Single family residential
South - R-7; Norfolk Southern Railroad and single family residential
East - R-15; Single family residential
West - R-40; Single family residential
UTILITIES
The proposed use does not require the use of the public systems.
ENVIRONMENTAL
Drainage and Erosion:
The site drains to the south toward the Norfolk Southern Railroad line and then via
tributaries to Falling Creek. Many years ago, this property was mined and subsequently was
used as a stump landfill and repository for the disposition of extra dirt from construction
projects. Several years ago, a filling and grading plan to fill the cap area was submitted to
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the Deparlanent of Environmental Engineering. The plan shows gas and monitoring wells
located along the per'Lmeter of the property, while the top of the site has been stabilized, some
of the slope areas are experiencing erosion. To preclude further erosion problems, these
slopes should be stabilized prior to horses being kept on the property (Condition 7). Once
the slopes are stabilized, the horses should be conf'med to the flatter part of the property to
preclude disturbance of the slopes. (Condition 6)
PUBLIC FACILITIES
Fire and Transportation:
This case will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Land Use and Transportation Plan which
suggests the property is appropriate for residential use of 1.51 to 4 units per acre.
Area Development Trends:
Area properties are currently zoned Residential (R-15) and (R-40) and have been developed
for single family residential uses. The Plan anticipates these land use trends to continue.
Site Design:
While the subject property is located in an area that has experience extensive single family
residential development, as indicated in the Environmental Engineering portion of this
analysis, the property has experienced mining and land filling activities over the years.
Because of the activities, the development of the property is severely restricted. There are
very limited areas where construction of a dwelling is possible.
The applicants have indicated the intent of constructing their home on the property and desire
to keep horses for their personal use. (Conditions 1 and 3)
Should the Commission and Board, after public input, wish to approve this request,
condkions should be imposed to minimize the impact that the keeping of horses might have
on area residential development. (Conditions 2, 4 and 5)
Based upon the advise of the Virginia Tech Extension agent, minimum pasture areas should
be provided for each horse. (Condition 4)
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Dwelling Size:
At the request of area property owners, a minimum house size similar to that required in
Roxshire, Section 13, has been proffered. (Proffered Condition)
CONCLUSIONS
As indicated, the Northern Area Land Use and Transportation Plan suggests that the property and
surrounding area are appropriate for medium densky residential use. Typically, staff does not support
the keeping of stock animals such as horses in an area designated for residential development. It is,
however, recognized that the subject parcel is comprised of approximately twenty-seven (27) acres
which has limked development potential due to past mining and land filling activky. Given the size
of the property and the recommended conditions, k is conceivable that the use can occur without any
mai or impact on area residential development.
CASE HISTORY
Applicant (1/18/00):
The applicants requested that the condkions outlined in the "Request Analysis" be modified
and discussed their desires with the Midlothian District Commissioner. Specifically, the
applicants requested that Condkion 1 outlined in the "Request Analysis" be deleted thereby
allowing the Conditional Use to run with the land. In lieu of that condkion, the applicants
have agreed that the keeping of horses would only be permitted if the owner of the property
resides on the property, as outlined in revised Condition 1 stated herein.
Secondly, in response to concerns of area residents, the applicants have proffered a minimum
house size similar to that recorded in Restrictive Covenants for Roxshire, Section 13.
(Proffered Condkion)
Planning Commission Meeting (1/18/00):
The applicant accepted the recommendation.
There was one person present who expressed concerns that the keeping of horses could
increase the traffic in Roxshire Subdivision because of the need for feed deliveries and horse
trailers; however, k was indicated that development of the ske may preclude some of the
trespassing that has occurred on the property.
Mr. Gecker indicated that he fek the conditions would adequately protect the neighborhood.
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On motion of Mr. Gecker, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the conditions and acceptance of the proffered condition on page
2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 23, 2000, beginning at 7:00 p.m., will take under
consideration this request.
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Case #: 00SN0168
C.U.
Sheet #: 2 & 6