12SN0186CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0186
(AMENDED)
Daniel Barrett
Midlothian Magisterial District
3500 Old Gun Road West
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May 23, 2012 B S
REQUEST: Conditional use approval to permit a residential stock farm (keeping of miniature
horses and miniature donkeys) in a Residential (R-40) District.
PROPOSED LAND USE:
The property owners propose to keep a maximum of three (3) miniature horses
and/or miniature donkeys on the property, in conjunction with the single-family
residential use.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Given the size of the request property, and if the property is maintained as outlined
in the recommended conditions, the use should not adversely affect area residential
uses.
B. Residential stock farms have been approved in other residential areas with no
apparent adverse impact.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC) 1. All areas associated with the keeping of miniature horses or
miniature donkeys (pastures, stables, shelters, 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)
(STAFF/CPC) 2. Any fence serving as a containment area for the animals shall be
placed along or outside of the edge of the 100-foot conservation
buffer (Resource Protection Area) and along the existing narrow
road if the animals will have access across the perennial stream on
the property. The fence shall be of post and board construction
matching the style of the existing fence on the property. (P)
(STAFF/CPC) 3. This conditional use approval shall be granted to and for Tony
and/or Kathryn Lucas exclusively, and shall not be transferable or
run with the land. (P)
(STAFF/CPC) 4. The stock farm use shall be limited to the keeping of a maximum
of three (3) miniature horses or miniature donkeys. These animals
are approximately 34" at the withers (shoulders) and weigh
approximately 200 pounds. (P)
(STAFF/CPC) 5. Any barn enclosure /shelter shall be no larger than 500 square feet
in area and the building material will be wood siding with cedar,
slate, or asphalt shingle (see photographs 1 & 2). (P)
(STAFF/CPC) 6. The animals will be placed in the barn from dark to dawn. (P)
(STAFF/CPC) 7. The barn enclosure and pasture area will be located on the site as
indicated on the attached aerial photograph. (P)
(STAFF/CPC) 8. No commercial activity, such as the breeding or sale of animals,
shall be permitted in conjunction with this use. (P)
GENERAL INFORMATION
Location:
The request property is located on the west line of Old Gun Road West, north of Young
Manor Drive and is better known as 3500 Old Gun Road West. Tax ID 736-722-5574.
Existing Zoning:
R-40
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Size:
22 acres
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North, South, East and West - R-40 and R-25; Single-family residential and vacant
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Public Water Svstem:
The site is located within the Old Gun Pressure Reducing Valve pressure zone. There is a
twelve (12) inch water line extending through the front of the request site along Old Gun
Road West. The site is currently connected to the public water system. Any new structures
requiring domestic water service that are built on this site will require connection to the
public water system.
Public Wastewater Svstem:
The site is located within the James River North sewer service area. There is an eight (8)
inch wastewater line located approximately 285 feet north of the request site. Connection to
the public wastewater system is not required.
ENVIRONMENTAL
Drainage and Erosion:
The subject property is bisected by a perennial stream and as such, has a 100 foot
Resource Protection Area (RPA) buffer on both sides, in which uses are very limited.
There are no existing or anticipated on- or off-site drainage or erosion problems.
In order to protect the buffer and the stream any fence that contains the animals should be
placed along, or outside of, the 100 foot conservation buffer or Resource Protection Area
(RPA) except, for where they would use the existing gravel access road to get from one side
of the RPA to the other. (Proffered Condition 2)
12SN0186-MAY23-BOS-RPT
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 and Vir ing is Department of Transportation VDOT~:
This request will have minimal impact on the existing transportation network.
T,ANI~ TTSF.
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 Erinbourne, Clarks Forge and Old Gun Acres subdivisions, as
well as on acreage parcels. Residential development is expected to continue in the area as
suggested by the Plan.
Use Limitations:
Proffered Condition 4 limits the stock farm use to the keeping of a maximum of three (3)
miniature horses or miniature donkeys. Proffered Condition 3 would restrict this
conditional use approval to the property owners only. Approval of this request would
prohibit any commercial activity (breeding or sale of animals) in conjunction with the
stock farm use (Proffered Condition 8). In addition, any facilities associated with the
keeping of the animals would be maintained to minimize the potential for nuisance from
insects and odors. (Proffered Condition 1)
Accessory structures such as barn enclosures and shelters must conform to the setback
requirements of the ordinance for accessory structures in the Residential (R-40) District.
In addition, the size of these structures as well as the architectural materials shall be as
depicted in the photographs in this report. (Proffered Condition 5)
An aerial photograph has also been submitted, showing an area to be used as a pasture for
the animals and the location of the proposed barn (Proffered Condition 7). Further,
Proffered Condition 6 requires that the animals be placed in the barn from dark to dawn.
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CONCLUSION
Given the size of the request property, and if the property is maintained as outlined in the
recommended conditions, the use should not adversely affect area residential uses. In addition,
residential stock farms have been approved in other residential areas on similarly large parcels
with no apparent adverse impact.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (3/20/12):
On their own motion and with the applicant's consent, the Commission deferred this case
to their April 17, 2012 public hearing.
Staff (3/21/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 26, 2012 for consideration at the Commission's
April 17, 2012 public hearing.
Staff (3/27/12):
The request was amended to remove a request to keep horses and chickens and to limit
the proposed animals to miniature horses and miniature donkeys. Proffered conditions
and photographs were also submitted. In addition, a community meeting is scheduled for
Thursday, April 5, 2012.
Planning Commission Meeting (4/17/12):
The applicant accepted the recommendation.
There was opposition present expressing concerns relative to odor; disposal of waste and
decreased property values.
Mr. Waller stated that he felt the proffered conditions addressed those concerns expressed
by citizens; the nearest property owner to the barn/pasture was supportive of the request;
and there are horses and other animals on properties in the area.
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On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, May 23, 2012 beginning at 6:30 p.m., will take under
consideration this request.
12SN0186-MAY23-BOS-RPT
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