12SN0243CASE MANAGER: Darla Orr
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0243
David W. Miller
and
Kathleen C. Miller
Midlothian Magisterial District
West line of Old Gun Road West
September 19, 2012 BS
REQUEST: Conditional use approval to permit a residential stock farm (keeping of horses) in a
Residential (R-40) District.
PROPOSED LAND USE:
The property owners propose to keep two (2) horses on the property, in conjunction
with the existing single-family residential use.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. As conditioned, 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.
C. The recommended conditions are similar to those imposed on requests for stock
farms in the vicinity of existing or anticipated residential development and would
lessen the potential that the stock farm use would become a nuisance to area
residents.
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 "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. All areas associated with the keeping of horses (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. The structure proposed for the keeping of horses shall be located
generally as shown on Exhibit A, dated August 10, 2012. The
structure shall be constructed generally as shown on Exhibit B,
dated July 25, 2012 and prepared by Steve Childrey, and shall be
constructed with wood siding and a metal seamed roof. (P&BI)
(STAFF/CPC) 3. 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). The applicant shall notify the
Environmental Engineering's Water Quality Section after
installation. The fence shall be of post and board construction
similar to the style of the existing fencing on Tax ID 739-726-
1167. (P&EE)
(STAFF/CPC) 4. This conditional use approval shall be granted to and for David W.
and/or Kathleen C. Miller exclusively, and shall not be transferable
or run with the land. (P)
(STAFF/CPC) 5. The stock farm use shall be limited to the keeping of a maximum
of two (2) horses. (P)
(STAFF/CPC) 6. 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 is located on the west line of Old Gun Road West, north of Iron Forge Drive.
Tax IDs 739-726-1167; and Parts of parcels 737-727-6318, 738-726-8984, 738-727-2116,
4513 and 6700.
2 12SN0243-SEP19-BOS-RPT
E~stin~ Zoning:
R-40
Size:
7.8 acres
Existing Land Use:
Single-family residential or vacant
Adjacent Zoning and Land Use:
North, South, East and West - R-40; Single-family residential or vacant
UTILITIES
Public Water Svstem:
The request site is located within the Old Gun PRV water pressure zone. The request site is
currently connected to the public water system. This request will not impact the public water
system.
Public Wastewater Svstem:
The request site is located within the James River North sewer service area. The request site
is currently connected to the public wastewater system. This request will not impact the
public wastewater system.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the James River. There are currently no know on- or off-
site drainage or erosion problems and none are anticipated after development.
Water Quality:
The James River has a 100 foot conservation buffer or Resource Protection Area (RPA),
inside of which permitted uses are limited to only water dependent uses. Any fence used
to contain the horses on the property is required to be located outside of the RPA.
(Condition 3)
12SN0243-SEP 19-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 ANTI T TCF
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 per acre
or less.
Area Development Trends:
The area is characterized by single-family residential zoning and land use or is vacant.
Residential development is expected to continue in the area as suggested by the Plan.
Use Limitations:
The applicants propose to keep a maximum of two (2) horses on the subject property
(Condition 5). Condition 4 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 (Condition 6). In addition, any
facilities associated with the keeping of the animals must be maintained to minimize the
potential for nuisance from insects and odors. (Condition 1)
To address any potential adverse impact of accessory structures such as barn enclosures
and shelters on adjacent public roads, such structures should adhere to increased setbacks
from these areas. (Condition 2)
Site Design and Architecture:
The structure proposed for the keeping of horses shall be located generally as shown on
Exhibit A, dated August 10, 2012. In addition, the structure shall be constructed generally
as shown on Exhibit B, dated July 25, 2012 and prepared by Steve Childrey, and shall be
constructed with wood siding and a metal seamed roof. (Condition 2)
4 12SN0243-SEP19-BOS-RPT
Fencing would be required to be a post and board construction similar to the style of
existing fencing. (Condition 3)
CONCLUSION
As conditioned, the use should not adversely affect area residential uses. In addition, residential
stock farms have been approved in other residential areas with no apparent adverse impact. The
recommended conditions are similar to those imposed on requests for stock farms in the vicinity
of existing or anticipated residential development and would lessen the potential that the stock
farm use would become a nuisance to area residents.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/21/12):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, September 19, 2012 beginning at 6:30 p.m., will take
under consideration this request.
5 12SN0243-SEP19-BOS-RPT
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