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10SN0135,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION lOSN0135 Forrest Melton Tlanoml,or 1 S ~nno rpr January 27, 2010 BS Bermuda Magisterial District Off the North line of Kingsland Road RE VEST: Conditional Use to permit a residential stock farm in a Residential (R-7) District. PROPOSED LAND USE: The applicant plans to keep a maximum of four (4) horses. (Condition 1) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. Given the size of the request property and that horses do not tend to create nuisances for residential use, if the property is maintained as outlined in the conditions and proffered conditions, the use should not adversely affect area residential uses. B. The keeping of horses has been approved in other residential areas with no apparent adverse impact. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.) Providing a FIRST CHOICE community through excellence in public service CONDITIONS (STAFF/CPC) 1. Any stock farm use shall be limited to the keeping of no more than four (4) horses. (P) (STAFF/CPC) 2. All facilities and areas associated with the keeping of horses shall be cleaned and made free of waste on a regular basis. Methods shall be employed to eliminate any odor problems and the propagation of insects. (P) (STAFF/CPC) 3. Except for pasture areas, any facilities and areas associated with the keeping of horses shall be located a minimum of fifty (50) feet from adjacent properties and public rights of way. (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 accessory structures in the underlying zoning district.) (P) (STAFF/CPC) 4. Any enlargement to the existing pasture will not encroach into the Resource Protection Area (RPA) as shown on the County's Geographical Information System (GIS). (EE) GENERAL INFORMATION T ,ncati nn Off the north line of Kingsland Road, west of Dorsey Road. Tax IDs 788-673-4461 and 7166. Existing Zoning: R-7 Size: 10 acres Existing Land Use: Residential and vacant Adjacent Zoning and Land Use: North - A; Federal Government (Defense Supply Center Richmond) South, East and West - R-7; Single-family residential 2 10SN0135 JAN27-BOS-RPT T TTTT ,TTTF,~ Public Water and Wastewater S,, std: This request will not impact public water or wastewater systems. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the north to Kingsland Creek and then via Kingsland Creek to the James River. There are no existing or anticipated on- or off site drainage or erosion problems. The subject property has a very wide floodplain and Resource Protection Area (RPA). The current pasture is not encroaching into the RPA. In order to protect from future encroachment a condition is recommended providing that any enlargement to the existing pasture will not encroach into the RPA as shown on the county's GIS map system. (Condition 4) PUBLIC FACILITIES The requested use will have minimal impact on these facilities T ,ANn T T~F, Comprehensive Plan: Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the property is appropriate for residential use of 2.51-4.0 units per acre. Area Development Trends: The area is characterized by federal government facilities (Defense Supply Center Richmond) on property to the north with the remainder of adjacent property developed for residential purposes. It is anticipated single-family residential development will continue in this area, as suggested by the Plan. Zonin Hg istory: On April 13, 1977 the Board of Supervisors granted a Variance to use a parcel of land which has no public road frontage for dwelling purposes on a portion of the request site. (Case 775085) 3 10SN0135 JAN27-BOS-RPT Use Limitations: The stock farm use would be limited to the keeping of up to four (4) horses. (Condition 1) Development Standards: Minimum setbacks and maintenance requirements for facilities and areas associated with the keeping of horses should be required (Conditions 2 and 3). These requirements are typical to those that have been accepted by the Board of Supervisors for similar residential stock farms. CONCLUSION As noted, the Jefferson Davis Corridor Plan suggests the property is appropriate for residential use of 2.51 to 4 units per acre. Typically, the keeping of farm animals would be inappropriate in a primarily residential area; however, the request property is large, thereby affording the ability to provide setbacks from adjacent property owners. Horses and associated facilities for their keeping do not tend to create undue nuisances for nearby residential uses if properly maintained (Conditions 1 through 4). Further, the keeping of similar animals has been approved for other residential areas with no apparent adverse impact on the area. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (12/15/09): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval subj ect to the conditions on page 2. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, January 27, 2010, beginning at 6:30 p.m., will take under consideration this request. 4 10SN0135 JAN27-BOS-RPT ~ ~V 1 1 • _ , ' ~bo / ~~'b / c~ / 'I l ~ ~~ ~~ ~Z 1 1 l r ~ c . ~ 1 I i 1 1 r I ~ ~ ~ ~ Q ~ ~~ ~ 1 ~ ~ 1 z ~ ~ _ ~ 4 U_ ~ 1 ~ w ... ... ...........~......... W ~ . .......................... U ;;;;;;;;;;;;;;;;;;I,.:; J a ~ / ., ::::::::::::::::....:::::::::::: ................:1:............. ~ ~ w ~ I w ~ ~ w ~ o ~ M 1 l ~ 1 ~ ' ~ I W ~ ~v 1 2 I J ' ~ I I Z ~ Q ~ Y ~ ~ 1S H16 ab0~J71 b~J XS~ ~~~~~~~~~~~ ~~~~~~~~~ J j / ~ ~ f ~ f ~ ~~ (y o ,- ~ i 1 ~ ~ 0 ~ ~ U Q ' ~ ~~ N IA 0 ' i7r-~_ f W , . 1 ~ DO RS EY U U N O OG Z Q t~ Q Q w z~cn L!7 M r O ~ Z V o a a--~ ^~-~ (0 ^ 0 °o 'o I1