11SN0207CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0207
Bellona Arsenal Farm Associates
Midlothian Magisterial District
3 816 Old Gun Road West
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July 27, 2011 B S
RE VEST: Conditional use approval to permit a stock farm plus conditional use planned
development approval to permit the keeping and breeding of exotic animals in a
Residential (R-40) District.
PROPOSED LAND USE:
The applicant is continuing the keeping and breeding a number of stock and exotic
animals on the property, subsequent to receiving zoning approval. Approval of this
request would allow the use to continue. The animals are bred for sale to individuals
and zoos.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 THOUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the proposed uses do not conform to the Old Gun/Robious Area Plan,
which suggests the property is appropriate for one (1) dwelling/acre or less, the
use has existed at this location for over a decade with no apparent adverse impact
on the area.
B. Conditions of zoning approval also assist in mitigating any adverse impact the use
may cause on area development.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. The following listed 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 off spring that is less than one (1) year in age. Nothing
contained herein shall prohibit the keeping of common household
pets on the property as otherwise permitted under applicable
or lnances. (P)
(STAFF NOTE: Camels and llamas are not defined by the Zoning
Ordinance as stock animals, and therefore, will be included in the
thirty (3 0) percent limitation of the conditional use planned
development request.)
(STAFF/CPC) 2. The following listed 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:
a. Zebras (8);
b. Wallabies (10);
c. Kangaroos (14);
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d. Guenons (10);
e. Foxes (4);
f. Capuchins (15);
g. Spider monkeys (5);
h. Lemurs (25); and
i. Coatimundis (2).
The permitted number of each adult exotic animal shall not include
any off spring that is less than one (1) year in age. (P)
(STAFF/CPC) 3. All domesticated animals shall be confined in the areas shown on the
attached Exhibit "A" entitled "Locations of Animal Confinement"
and identified with a "D." All exotic animals shall be confined in the
areas identified with an "E" as shown on the "Locations of Animal
Confinement." (P)
(STAFF/CPC) 4. Except as further restricted in Condition 5 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 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)
(STAFF/CPC) 5. This conditional use and conditional use planned development
approval shall be granted for a period not to exceed ten (10) years
from the date of approval (P)
(STAFF/CPC) 6. Within thirty (30) days of approval of this request, the County Health
Department shall inspect the animal breeding operation for
compliance with health codes and the owner shall make necessary
corrections to comply with findings of non-compliance by the
County Health Department. Thereafter, the County Health
Department shall inspect annually the animal breeding operation and
require the owner to make any necessary corrections to comply with
applicable health codes. (H)
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(STAFF/CPC) 7. A report shall be filed with the County Health Department by July 1St
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. (H)
(STAFF/CPC) 8. If determined by any County or State Department 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 department, the Planning Department shall seek
permission to process an application on behalf of the Board of
Supervisors to consider a recision of the conditional use and the
conditional use planned development approvals. (P)
(STAFF/CPC) 9. Animal confinement areas may be relocated or expanded if
required for the animals' health or well-being, or as suggested or
required by any regulatory body, provided that all animal
confinement areas must be located at least 100 feet from any
property boundary. (P)
(STAFF/CPC) 10. In addition to the animal enclosures, an eight (8) foot high security
fence shall be provided around area(s) housing exotic animals. (P)
(STAFF/CPC) 11. These uses shall not be open to the public. (P)
GENERAL INFORMATION
T ,ncati nn
The request property is located in the northwest corner of Old Gun Road West and Iron
Forge Drive and is known as 3816 Old Gun Road West. Tax ID 737-725-8140.
Existing Zoning:
R-40
Size:
71.8 acres
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Existing Land Use:
Single-family residential and domestic and exotic animal breeding operation
Adjacent Zoning and Land Use:
North, South, East and West - R-40 and R-25; Single-family residential or vacant
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The site is currently connected to the public water and public wastewater systems. This request
will not impact the public utilities system.
HEALTH DEPARTMENT
To ensure compliance with applicable health codes, the animal breeding operation should be
inspected regularly by the Health Department (Condition 6). In addition, 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 results for the exotic animals, including
information on the results of all state and federal inspections should be submitted to the Health
Department. (Condition 7)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the northwest to a tributary of the James River. There is a
perennial stream along a small portion of the western property line, which is currently
naturally vegetated and that must remain. There are no existing or anticipated on- or off site
drainage or erosion problems.
PUBLIC FACILITIES
Fire Service:
The Bon Air Fire Station, Company Number 4, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
Traffic generation information is not available for the requested land use. Traffic
generated by this development will be distributed along Old Gun Road West, which had a
2009 traffic count of 2,062 vehicles per day.
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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) feet of right-of way, measured from the centerline of Old Gun Road West, in
accordance with that Plan.
Vir . ing is Department of Transportation (VDOT):
This request will have no impact on these facilities.
T,ANn TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Old Gun/Robious Area Plan,
which suggests the property is appropriate for residential use of one (1) dwelling/acre or
less.
Area Development Trends:
The area is characterized by single-family residential zoning and is developed for such uses
or is vacant. The area has experienced substantial growth in recent years. The existing
residences are located in the 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.
Zonin H.~ istory:
On April 26, 2000 the Board of Supervisors, upon a recommendation of approval from
the Planning Commission, approved requests for conditional use approval to permit a
stock farm and conditional use planned development approval to allow the keeping and
breeding of exotic animals on the request property (Case OOSN0185). Among other
things, conditions of approval placed a ten (10) year limitation on the uses. The applicant
is requesting an additional approval term of ten (10) years.
Site Design:
The plan submitted with the previous application depicts a residence as well as barns and
several other structures for the care and keeping of animals and is still applicable. These
structures are shown generally in the center of the property, away from adjacent
residences. A previous condition of zoning approval required 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.
Recommended Condition 9 continues to require the 100 foot separation from the property
boundaries for animal impoundment areas. In addition, there is an access drive 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
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application and in no case can exceed thirty (30) percent of the gross land area of the
request or 21.5 acres (Condition 3). In an effort to provide additional protection to the
neighborhood, should an exotic animal escape from its confines, Condition 10 requires a
security fence around areas housing exotic animals. Domesticated animals will be
confined only in those areas so designated on the plan. (Condition 3)
To ensure that the use does not become permanent, Condition 4 limits who may own and
operate the requested uses, and requires 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. In addition, the uses are also limited to a period
not to exceed ten (10) years (Condition 5). To maintain the residential character of the
area, the uses should not be open to the public. (Condition 11)
Animas
The applicant has indicated that various types of farm and exotic animals are bred on the
property and that the use has operated for many 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
Conditions 1 and 2.
The applicant has listed these animals as "domesticated" and "exotic." While llamas and
camels maybe domesticated, staff would not consider these to be typical stock animals as
defined by the Zoning Ordinance. The Zoning Ordinance defines a stock farm as: "A
parcel of land on which are kept one (1) or more cows, sheep, goats, horses or other farm
animals or more than twelve (12) chickens or other fowl, rabbits or other small
domesticated livestock." Therefore, the proposed llamas and camels would fall under the
purview of the conditional use planned development aspect of this case versus the
conditional use, and would be included in the thirty (30) percent land use limitation of the
conditional use planned development request.
CONCLUSION
While the proposed uses do not conform to the Old Gun/Robious Area Plan, which suggests the
property is appropriate for residential use of one (1) dwelling/acre or less, the use has existed at
this location for several years with no apparent adverse impact on the area. In addition,
conditions of zoning approval also assist in mitigating any adverse impact the use may cause on
area development.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Staff (6/16/11):
Conditions 8 and 9 were revised for clarification.
Planning Commission Meeting (6/21/l l):
The applicants accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval subj ect to the conditions on pages 2 through 4.
AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, July 27, 2011, beginning at 6:30 p.m., will take under
consideration this request.
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11 SN0207-1