00SN0185-APR26.pdfApril 26, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0185
(AMENDED)
Bellona Arsenal Farm Association
Midlothian Magisterial District
3816 Old Gun Road West
REQUEST: (Amended) Condkional Use to permit a stock farm and Conditional Use Planned
Development to allow the keeping and breeding of exotic animals in a Residential
(R-40) District.
PROPOSED LAND USE:
The applicant is currently keeping and breeding a number of stock and exotic animals
on the property without the requiske zoning. These animals are bred for sale to
individuals and zoos.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land uses do not conform to the Old Gun/Robious Area Plan which
suggests the property and surrounding area are appropriate for residential use of 1.0
dwelling unit per acre or less.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
B. The proposed land uses are not compatible with existing and anticipated area
residential development.
This proposal represents commercial encroachment into a single family residential
area.
(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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
The following listed domesticated animals (collectively, the
"Domesticated Animals") shall be the only domesticated animals
permitted to be kept on the Property, and the number of each adult
Domesticated Animal Species shall be limited to the number shown
in parenthesis:
a. Cattle (20);
b. Horses (8);
c. Goats (8);
d. Donkeys or mules (8);
e. Llamas (4);
f. Camels (14); and
g. Sheep (3).
The permitted number of each adult Domesticated Animal shall not
include any offspring that is less than one year in age. Nothing
contained herein shall prohibit the keeping of common household
pets on the property as otherwise permitted under applicable
ordinances. (P)
(STAFF NOTE: The camels and Llamas are not def'med by the
Zoning Ordinance as stock animals, and therefore, will be included
in the thirty (30) percent limitation of the Conditional Use Planned
Development.)
(STAFF/CPC) 2.
The following listed exotic animals (collectively, the "Exotic
Animals") shall be the only Exotic Animals permitted to be kept on
the Property, and the number of each Exotic Animal species shall be
limited to the number shown in parenthesis:
2 00SN0185/WP/APR26J
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
a. Zebras (8);
b. Wallabies (10);
c. Kangaroos (4);
d. Muntjacs (t0);
e. Water buffalo (2);
f. Baboons (2);
g. Guenons (t0);
h. Binturongs (2);
i. Foxes (4);
j. Capuchins (15);
k. Squirrel monkeys (4);
1. Spider monkeys (5);
m. Lemurs (25);
n. Coatimundis (2);
o. Tamarin (2); and
p. Lynxes (7), provided that lynxes shall only be permitted on
the Property until December 3 t, 2001.
The permitted number of each adult Exotic Animal shall not include
any offspr'mg that is less than one year in age. (P)
All Domesticated Animals shall be conf'med in the areas shown on
the attached Exhibit "A" entitled "Locations of Animal Conf'mement"
to the areas identified with a "D". All Exotic Animals shall be
conf'med in the areas identified with an "E" as shown on the attached
Exhibit "A". (P)
Except as further restricted in Proffer 6 below, this Conditional Use
and Conditional Use Planned Development shall be permitted only
for as long as (a) Dr. William G. Fitzhugh and/or Marianne Fitzhugh,
or an entity owned solely by Dr. William G. Fitzhugh and/or
Marianne Fitzhugh, are the owners of the "Property", (b) Dr. William
G. Fitzhugh and/or Marianne Fitzhugh, or an entity owned solely by
Dr. William G. Fitzhugh and/or Marianne Fitzhugh, operate the
domesticated and exotic animal breeding operation, (c) the operation
is conducted on property that contains in excess of sixty-five (65)
acres of land, and (d) Dr. William G. Fitzhugh and/or Marianne
Fitzhugh reside on the Property. (P)
Within ninety (90) days of approval of this request, a plan shall be
submitted for approval to Environmental Engineering for control of
runoff from animal holding areas. The plan shall include the
3 00SN0 t 85/WP/APR26J
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
t0.
construction of one pond no greater than one thousand two hundred
(1,200) square feet in surface area and no greater than two feet in
average depth. The approved plan shall be implemented within sixty
(60) days of the approval of the plan. (EE)
This Conditional Use and Conditional Use Planned Development
shall be granted for a period not to exceed ten (t0) years from the
date of approval and may be renewed upon satisfactory reapplication
and demonstration that the operation of the domesticated and exotic
animal breeding operation has not had an adverse affect on adjacent
and area properties. (P)
Within thirty 00) days of approval of this request, the County Heakh
Depamnent shallinspect the domesticated and exotic animal breeding
operation for compliance with health codes and the Owner shall make
all necessary corrections to comply with f'mdings of non-compliance
by the County Health Department. Thereafter, the County Health
Depamnent shall inspect annually the domesticated and exotic animal
breeding operation and require the Owner to make any necessary
corrections to comply with applicable health codes. (HD)
A report shall be filed with the County Health Depamnent by July l~t
of each year which provides documentation of all medical evaluations
and test results for the exotic animals. That report shall include
information on the results of all state and federal inspections of the
exotic animal breeding operation, including any inspections by the
United States Department of Agriculture. (HD)
If determined by any County or State Deparnnent that there has been
a violation of the conditions stated herein and such violation is not
corrected in a timely fashion, as determined by and to the satisfaction
of the responsible deparnnent, the Planning Department shall process
an application on behalf of the Board of Supervisors to consider
recision of the Conditional Use and the Conditional Use Planned
Development. (P)
Within ninety (90) days of approval of this request, a survey plat shall
be submitted showing the location of all improvements, including the
single family dwelling, accessory structures and animal impoundment
areas. Any expansion of any animal impoundment areas shall be
located a minimum of one hundred (tOO) feet from the property
boundaries. (P)
4 00SN0 t 85/WP/APR26J
(STAFF/CPC)
11.
In addition to the animal enclosures, an eight (8) foot high security
type fence shall be provided around area(s) housing the exotic
animals. The exact design of the fence shall be approved by the
Planning Department. Within ninety (90) days of approval of this
request, a plan depicting this requirement shall be submitted to the
Planning Depamnent for approval. Within sixty (60) days of the
approval of the plan, the approved plan shall be implemented. (P)
(STAFF/CPC)
12. These uses shall not be open to the public. (P)
GENERAL INFORMATION
Location:
West line of Old Gun Road West, north of Iron Forge Drive and is known as 3816 Old Gun
Road West. Tax ID 737-725-8140 (Sheet 2).
Existing Zoning:
R-40
Size:
71.8 acres
Existing Land Use:
Single family residential and domestic and exotic animal breeding operation
Adjacent Zoning & Land Use:
North, South, East and West - R-40; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the west side of Old Gun
Road West, adjacent to the request site. In addition, there is an existing eight (8) inch water
line extending along the northeast boundary of the request site. Use of the public water
system is required by County Code. The existing structures are connected to the public water
system.
5 00SN0185/WP/APR26J
Public Wastewater System:
There is an existing fifteen (15) inch wastewater trunk line extending along the western
boundary of the request site. Use of the public wastewater system is required by County
Code. The existing structures are connected to the public wastewater system.
Health Deparnnent:
To ensure compliance wkh applicable heakh codes, the animal breeding operation should
be inspected regularly by the Health Department (Proffered Condkion 7). In addkion, to
create an awareness of the health of the animals and to have a record of any diseases, reports
which provide documentation of medical evaluations and test resuks for the exotic animals,
including information on the resuks of all state and federal inspections should be submitted
to the Health Depamnent. (Proffered Condition 8)
ENVIRONMENTAL
Drainage and Erosion:
The property drains from the southeast to the northwest and, after exking the property, drains
through a small creek into the James River. There appears to be two (2) outfalls from the
property. There are no existing on- or off-ske drainage or erosion problems.
Water Quality:
The applicant has agreed to provide a plan and water qualky measures to control runoff from
animal holding areas prior to such runoff enter'rog the James River. (Proffered Condition 5)
PUBLIC FACILITIES
Fire Service:
The granting of this request will not have an impact on fire/rescue services.
Transportation:
Traffic generation information is not available for the requested land use: keeping and
breeding of stock and exotic animals. Traffic generated by this development will be
distributed along Old Gun Road West which had a 1999 traffic count of 2,868 vehicles per
day.
The Thoroughfare Plan identifies Old Gun Road West as a collector with a recommended
right of way width of seventy (70) feet. The applicant is unwilling to dedicate thirty-five (35)
6 00SN0185/WP/APR26J
feet of right of way, measured from the centerline of Old Gun Road West, in accordance with
that Plan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Old Gun/Robious Area Plan which suggests the property
is appropriate for residential use of 1.0 dwelling units per acre or less.
Area Development Trends:
The area surrounding the request site is characterized by single family residential zoning and
is developed for such uses or is vacant. The area has experienced substantial growth
recently, with the majority of homes adjacent to the property having been constructed within
the last fifteen (15) years. In addition, there remain several vacant lots adjacent to the request
site. The existing residences and vacant lots are located in Bellona Arsenal and Clarks Forge
Subdivisions as well as on acreage parcels. Residential development is expected to continue
in the area as suggested by the Plan.
Zoning History:
On July 21, 1999, the applicant was issued a Notice of Violation of the Chesterfield County
Code, Chapter 19 (Zoning Ordinance), Section 19-70, for the operation and maintenance of
a stock farm and wild (exotic) animal preserve (farm) on the property.
On August 20, 1999, the applicant filed an appeal of the Notice of Violation for
consideration by the Board of Zoning Appeals (Case 00AN0148) claiming that the existing
use is non-conforming. The appeal is scheduled to be heard by the Board of Zoning Appeals
on April 5, 2000. The applicant requested that the appeal not be scheduled until this land use
request is disposed of. The applicant has indicated that even if the Board of Zoning Appeals
£mds the use to be non-conforming, they still wish to pursue the Conditional Use and
Conditional Use Planned Development to bring the use into conformance.
Site Design:
The plan submitted with the application depicts a residence as well as barns and several other
structures for the care and keeping of animals. These structures are shown generally in the
center of the property, away from adjacent residences. Since the plan is not to scale, it
cannot be determined how far the animal holding areas are from adjacent property. To
address this, Proffered Condition 10 would require the submission of a survey plat showing
the location of all improvements and that any expansion of animal impoundments be located
a minimum of 100 feet from the property boundaries. In addition, there is an access drive
7 00SN0185/WP/APR26J
from the property to Old Gun Road West. If this request is approved, the area permitted for
the keeping of exotic animals would be limited to areas shown on the plan submitted with
the application and in no case can exceed thirty (30) percent of the gross land area of the
request or 21.5 acres (Proffered Condition 3). In an effort to provide additional protection
to the neighborhood, should an exotic animal escape from its conf'mes, Proffered Condition
11 requires a security type fence around areas housing exotic animals. The domesticated
animals will be confined only in those areas so designated on the plan. (Proffered Condition
3)
To ensure this does not become a permanent use, the applicant has agreed to limk who may
own and operate the requested uses, that such uses would only be allowed so long as the
property contains in excess of sixty-five (65) acres of land and as long as the owner/operator
resides on the property (Proffered Condkion 4). The uses are also limked to a period not to
exceed ten (10) years (Proffered Condition 6). To maintain the residential character of the
area, the uses should not be open to the public. (Proffered Condition 12)
Animals:
The applicant has indicated that various types of farm and exotic animals are bred on the
property and that the use has operated for the last twenty (20) years. The animals are bred
for sale to private individuals and zoos. It has been indicated that the use is licensed by State
and Federal agencies. A complete listing of the types of animals has been provided in
Proffered Condkions 1 and 2. Attached are more detailed descriptions of the exotic animals.
The applicant has listed these animals as "domesticated" and "exotic". While the llamas and
camels may be domesticated, staff would not consider them as typical stock animals as
def'med by the Zoning Ordinance. The Zoning Ordinance def'mes a stock farm as: "A parcel
of land on which are kept one or more cows, sheep, goats, horses or other farm animals or
more than 12 chickens or other fowl, rabbits or other small domesticated livestock".
Therefore, the llamas and camels would fall under the purview of the Conditional Use
Planned Development aspect of this case versus the Conditional Use. Therefore, the llamas
and camels would be included in the thirty (30) percent limitation that can be occupied by
the Conditional Use Planned Development of this request. The area of the request site is
71.8 acres and is currently owned by Bellona Arsenal Farm.
Staff has knowledge of occasions when animals have escaped from their conf'mes on the
property and roamed in the surrounding neighborhoods. In addition, there has been at least
one (1) instance where an escaped animal was involved in an accident with a motor vehicle
on an area roadway.
CONCLUSIONS
8 00SN0185/WP/APR26J
The proposed land uses do not conform to the Old Gun/Robious Area Plan which suggests the
property and surrounding area are appropriate for residential use of 1.0 dwelling unit per acre or less.
In addition, the proposed land uses are not compatible with existing and anticipated area residential
development.
While there have been instances of approval for the keeping of typical farm animals (stock farm) in
residential areas on large parcels, those cases have been for the individuals' own personal enjoyment
and not for business purposes. Most instances have in fact included conditions which precludes any
type of commercial enterprise, as proposed by this application. This proposal, therefore, represents
a request to conduct a commercial enterprise in a residential area.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (2/14/00):
The applicant requested that this case be deferred to March 21, 2000, to amend the
application and submit a revised plan and proffered conditions.
Planning Commission Meeting (2/15/00):
At the request of the applicant, the Commission deferred this case to their March 21, 2000,
meeting.
Staff(2/16/00):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than February 21, 2000, for consideration at the Commission's March
public hearing. Also, the applicant was advised that a $250.00 deferral fee was due.
9 00SN0185/WP/APR26J
Applicant (2/28/00):
The deferral fee was paid.
Applicant (3/21/00):
The applicant submitted revised and additional proffers to address concerns raised by the
Midlothian District Planning Commissioner and staff.
Planning Commission Meeting (3/21/00):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present. Several citizens spoke
in support of the proposal.
Mr. Gecker noted that given the strong support from the neighborhood, the uses have
apparently not been a problem to area homeowners.
On motion of Mr. Gecker, seconded by Mr. Litton, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 through 5.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, April 26, 2000, beginning at 7:00 p.m., will take under
consideration this request.
10 00SN0185/WP/APR26J
Some brief facts about the exotic animals of Case 00SN0185:
LLAMAS
South American domesticated hoofed mammal (Lama glama) of the camel family. It
resembles a large, long-eared, long-necked sheep and provides the indigenous people of
the Andes with wool, milk, and meat. Its usefulness as a pack animal is enhanced by its
ability to work at exceptionally high altitudes. In the U.S. llamas have also been used as
guard animals for sheep flocks.
CAMELS
Hoofed ruminant (cud-chewing). Their humps are storage places for fat. Unpredictable
at best, camels have the reputation of beL'~g bad-tempered and obstinate creatures who spit
and kick. In reality, they tend to be good-tempered, patient and intelligem. A fully-grown
adult camel stands 6 feet at the shoulder and 7 feet at the. A fully-grown camel can weigh
up to 1,542 pounds.
ZEBRAS
Herbivorous, hoofed African mammal (genus Equus), distinguished from other horses by
its striking pattern of alternating white and dark brown (or black) stripes. Standing about
4 feet high, the zebra has a heavy head, a stout body, and a short, thick mane. It inhabits
open plains or brush country in herds of up to 1,000, often mixing with other grazing
animals, e.g., antelope, and can run at speeds of up to 40 miles per hour.
WALLABIES
A marsupial in the kangaroo family. Like other marsupials, the females have pouches in
which they carry their young. Of the many varieties of wallabies, three are commonly bred
in the United States. They reach a height of about 30 inches and weigh between 7-50
pounds. Wallabies are herbivores, eating grass, hay, leaves, bark and twigs plus fruits and
vegetables.
KANGAROOS
The kangaroo is the world's largest marsupial (mammals with a pouch). They can reach
up to six feet in height and run up to 40 mph. Males can weigh up to 150 pounds. The
kangaroo breeds yearly and like all marsupials carries its young in a pouch. They eat
mostly grass in the wild.
MUNTJACS
Small dainty little deer. They stand 16 to 25 inches at the shoulders and weigh between 25
and 35 pounds. The males have upper canine teeth that are elongated into tusks. Their diet
includes grasses, low growing leaves, pellets and hay. They also love fruit, with apples
and raisins being their favorites as well as carrots. Mumjac have a high-pitched bark and
may bark up to an hour or more if they sense a predator or other threat.
WATER BUFFALO
Name commonly applied to the North American Bison but correctly restricted to related
African and Asian hoofed manunals of the cattle family. The water, or Indian buffalo
(Bubalus bubalis) is a large, strong, dark gray animal with widespread curved horns,
domesticated for draft. Wild forms live near rivers, where they wallow; they feed on grass
and have fierce tempers. The animal stands 5 to 6 feet or more at the shoulder, reaches a
length of 9 feet, and weighs about 2,200 pounds.
BABOONS
Large, powerful, ground-living monkey. Found in the open country of Africa and Asia,
baboons have close-set eyes under heavy brow ridges, long, heavy muzzles, powerful
jaws, cheek pouches for storing food, and sharp, tusklike upper canine teeth. Baboons have
a highiy developed social structure.
GUENONS
These monkeys live in multi-male groups which are lead by a single male. A typical group
may have up to 20 members. Females tend to be less aggressive than males. They weigh
from 6 to 18 pounds and are from 14 to 26 inches in length. As with all monkeys, guenons
need a varied and healthy diet. Their diet consists of fresh fruit and vegetables, browsing
foods (leaves, plants and stems, seeds, nuts, grains), and high protein.
LYNXES
Any of several small, ferocious cats found in N North America and N Eurasia. Lynxes
have small heads with tufted ears and heavy bodies with long legs and short tails; they have
yellow-brown to grayish fur. Nocturnal hunters, they prey mainly on small animals. The
Canadian lynx may be over 3 feet in length and weigh up to 40 pounds. The smaller North
American spotted lynx (Felis rufa) is also known as a bobcat.
BINTURONGS
The binturong or Asian bearcat is a tree dwelling relative of the civet and mongoose. In
captivity it is rarely bred or exhibited. The average Binturong weighs 3040 pounds and
is about 5 ~,~ feet from nose to tip of tail. The binturong has developed fruit eating habits
and is a major seed dispersing species. It will also, occasionally, eat rodents and thus
performs pest control. Binturongs eat more plant food than is usual in carnivores. They eat
a large amount of fruit.
FOXES
Carnivorous mammal of the dog family, found in much of the Northern Hemisphere. It has
a pointed face, thick fur, and bushy tail. Most fox species belong to the red fox group and
inhabits areas of forest mixed with open country from the Arctic to the southern U.S. The
fox is a very versatile creature, especially when it comes to eating for survival. It's diet
greatly depends on where it lives. Mainly, though, a fox's diet consists of mice, voles,
and other small rodents, scavenging, human food (trash), small household pets (cats, small
dogs), large rodents -squirels,berries and fruits
CAPUCHINS
These monkeys can weigh from 4 to 15 pounds depending on the sex and species. They
are from 19 to 20 inches in length (Head and body) with a tail of 12 to 22 inches.
As with all monkeys, capuchins need a varied and healthy diet. Their diet consists of fresh
fruit and vegetables, foraging foods (seeds, nuts, grains), and high protein treats (insects,
eggs, etc.).
SQUIRREL MONKEYS
Squirrel Monkeys weigh from 1.5 to 2.5 pounds with a head & body length of from 10.5
to 14 inches and a tail of 14 to 16.5 inches. They communicate through a wide variety of
high pitched squeaks and whistles. As with all monkeys, squirrels need a varied and
healthy diet. Their diet consists of fresh fruit and vegetables, high protein treats, and
insects.
SPIDER MONKEYS
Spider Monkeys weigh from 13 to 25 pounds with a head & body length of from 19 to 20
inches and a tail of 27 to 30 inches. As with all monkeys, spiders need a varied and
healthy diet. Their diet consists of fresh fruit and vegetables, browsing foods (leaves,
plants and stems, seeds, nuts, grains), and insects.
LEMURS
These monkeys are found only on Madagascar and adjacent islands. Lemurs have
monkeylike bodies, long, bushy tails, pointed muzzles, large eyes, and flat nails, except
the second toe, which has a stout claw. Most are arboreal (live among trees). Best known
is the ring-tailed lemur (Lemur catta), which is atypically terrestrial.
COATIMUNDIS
The coat'unundi is a member of the raccoon family (procyonidae) ranging from South
America through Central America and into Texas and Arizona. They are a very adaptable
animal found in every habitat, from jungle to desert. They are carnivorous but also eat
fruit. Males can get to 16 pounds, and the females grow to about 9 pounds on average,
about the size of a large housecat.
TAMAR1N
These monkeys weigh from 9 to 16 ounces with a head & body length of from 9 to 12
inches and a tail of 11 to 16 inches. They communicate through a vocabulary of high
pitched squeaks and chatters. They sound much like a bird chirping. A Tamarin's diet
consists of fresh fruits and vegetables, high protein (eggs, yogurt, ect..), and insects.
jar~e$ River
R-40
400 0 400 800 Feet
Case//00SN0185 (AMENDED)
C.U.P.D. & C.U.
Sheet//2
LOCATIONS OF ANIMAL CONI~INME{M'I
EXlamlT A