13SN0507CASE MANAGER: Ryan Ramsey
i ~ ~- ~j~,
u ~~
~-
,k
BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0507
Ryann Barnum
Midlothian Magisterial District
2221 Swamp Fox Road
n~,-;i iti ~ni~ r~r
May 22, 2013 BS
REQUEST: Conditional use approval to pernut a residential stock farm (keeping of chickens) in
a Residential (R-40) District.
PROPOSED LAND USE:
The applicant proposes to keep a maximum of four (4) chickens on the request
property.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. BROWN, WALLIN, GULLEY AND WALLER.
ABSENT: MR. PATTON.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Comprehensive Plan, which
suggests the property is appropriate for Suburban Residential I use (maximum of
2.0 dwellings per acre).
B. The proposed land use is incompatible with existing and anticipated area
residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION(S) NOTED "CPC" ARE CONDITIONS RECOMMENDED BY
THE PLANNING COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
(CPC) 1. Conditional use shall be granted to and for Ryann Barnum, exclusively,
and shall not be transferable nor nln with the land. (P)
(CPC) 2. A maximum of four (4) chickens may be kept on the property. The
keeping of roosters shall be prohibited. (P)
(CPC) 3. All chickens shall be confined to an enclosed area or pen. The pen shall be
located a minimum of forty (40) feet from the side and rear property lines.
The pen shall not be located in the front yard of the property. (P)
(CPC) 4. A hen house with frame constriction, no less than eight (8) square feet and
no greater than ten (10) square feet in area, shall be provided. A fenced
outside nln, no less than forty (40) square feet and no greater than fifty
(50) square feet in area, shall also be provided. The outside nln shall be
covered with wire mesh, boiling twine or other appropriate wire material.
(P)
(CPC) 5. All areas associated with the keeping of chickens (pens, coups, shelters,
etc.) shall be cleaned and made free of waste on a regular basis. All waste
associated with the residential stock farm shall be disposed of in an
appropriate waste disposal container that is periodically removed from the
site. In addition, the property owner shall employ a means of eliminating
any odor problems and propagation of insects. (P)
(CPC) 6. This conditional use approval shall be granted for a period not to exceed
five (5) years from the date of approval (P)
GENERAL INFORMATION
Location:
The request property is located on the southern line of Swamp Fox Road, west of Otterdale
Road and is better known as 2221 Swamp Fox Road. Tax ID 712-694-8290.
Existing Zoning:
R-40
Size:
2.0 acres
2 13SN0~07-~L~~ 22-BOS-RPT
Existing Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North, East and West - R-40; Single-fanuly residential or vacant
South - R-12; Vacant
UTILITIES
Public Water and Wastewater S,, sue:
The request site is currently connected to a private well and septic system. This request will
not impact the public utility systems.
ENVIRONMENTAL
Water Quality:
The subject property drains to a tributary of Swift Creek. In 2010, the Virginia Department
of Environmental Quality listed this stream segment of Swift Creels, to include the
confluence of Turkey Creek downstream to its confluence with Swift Creek Reservoir, as
impaired. The impairment is caused by bacteria (Escherichia soli) concentrations above
water quality standards as it relates to recreational contact. The source(s) of impairment
were identified as both non-point and agricultLiral uses. Agricultural activities draining to
this segment of Swift Creek should exercise proper livestock waste management programs
and best management practices (BMPs) in order to reduce bacterial containments in
stormwater n~noff to receiving streams.
PUBLIC FACILITIES
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
The Comprehensive Plan designates the property as Suburban Residential L This
designation suggests single-family dwellings, as well as dwellings on smaller lots or
condominiums (under certain conditions) with a density not exceeding 2.0 dwellings per
acre.
3 USNO~07-~L~~ 22-B()S-RPT
Area Development Trends:
Adjacent properties are zoned Residential (R-12 and R-40) and are occupied by single-
family residential uses or remain vacant. Properties to the north and west, including the
request property, are located within the North Hundred subdivision. The lot located
immediately to the east remains vacant. The vacant tract of land to the south has received
tentative subdivision approval for single-family subdivision development, known as the
Newmarket subdivision. It is anticipated that single-family residential subdivision will
continue in the area at densities suggested by the Plan.
Residential Stock Farms:
Until 2002, the Zoning Ordinance pernutted the keeping of up to twelve (12) fowl, to
include chickens, in residential districts. In 2002, an Ordinance amendment created a
residential stock farm use which requires a conditional use for the keeping of one (1) or
more fowl in a residential district. This amendment was generated as a result of on-going
concerns from County residents relative to the compatibility of small scale stock farm use
within residential developments.
Stock farms continue to be a pernutted use in Agriculniral (A) Districts, subject to a
minimum parcel size of 3.0 acres. The minimum parcel or lot area provides the necessary
space to operate a stock farm with adequate separation from adjoining properties in
agricultural areas. In a residential zoning district, a stock farm use located on a lot or parcel
with less than 3.0 acres has the ability to alter the residential character of an area and
increase the impacts of the use on adjoining properties.
Use Limitations:
Proffered Condition 1 would linut the conditional use to the applicant only. The applicant
currently keeps three (3) chickens in a chicken coop and pen within the rear yard in the
southeastern portion of the lot, closest to the undeveloped lotto the east (Attachment 1). The
proffered conditions would linut the stock farm use to a maximum of four (4) chickens
while also prohibiting the keeping of roosters (Proffered Condition 2). In addition, proffered
conditions would require any facilities associated with the keeping of chickens to be
maintained so as to nuninuze the potential for nuisance from insects and odors. (Proffered
Condition 5)
Proffered Condition 3 would provide a requirement that all chickens be contained within an
enclosed area or pen. In addition, the proffered condition would establish a setback
requirement for the enclosed area andlor pen to be a nunimum of forty (40) feet from side
and rear property lines. No pen or enclosed area associated with the keeping of the chickens
would be pernutted in the front yard. (Proffered Condition 3)
In an attempt to address concerns from the Midlothian District Planning Commissioner, the
applicant has proffered a minimum and maximum area requirement for the hen house and
4 13SN0~07-~L~~ 22-BOS-RPT
outdoor non. In addition, the applicant has also proffered to have the outdoor non covered
with wire mesh, boiling twine or other appropriate wire material. (Proffered Condition 4)
CONCLUSION
The proposed residential stock farm use does not conform to the Comprehensive Plan, which
suggests Suburban Residential I uses. In addition, the proposed residential stock farm is not
compatible with existing and anticipated area residential development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/16/13):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
There was opposition present expressing concerns relative to potential noise and odors;
the appearance of the chicken coops; impacts on neighborhood property values; safety
and cleanliness; and precedent for similar requests.
There was support noting that chickens promote sustainability; provide learning
opportunities for families and contribute to insect/pest control; and that proffered
conditions regulate the location of the chicken coop and outdoor nln; the number of
chickens and the prohibition of roosters.
The Commission noted receipt of letters of support and opposition from the
neighborhood and that conditions minimize the impact of keeping chickens on adjacent
property owners while protecting the character of the neighborhood. At the request of Mr.
Waller, the applicant agreed to amend Proffered Condition 4 relative to the size of the
hen house and nln and to add a proffered time limit for this use.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Gulley and Waller.
ABSENT: Mr. Patton.
The Board of Supervisors, on Wednesday, May 22, 2013 beginning at 6:30 p.m., will take under
consideration this request.
13SN0~07-~L~~ 22-BOS-RPT
~,
~! _ ~- ~`' r.?
~.
T ~.:
-... i~ ~„~ ,~ ~ } ~., t
~, ~ ~ _
,~_
~,. Y
^~ - ',
"~ ~i "^
,_
,,,,,
'~;~ ~ ~~
..~ ~~
~~~ f
~`, r _. ~ -- ~,.~~ ~. ..~
.#
,4
Q
~~ ~
"' `t t
M .
~~ O ~ s
.,
.~..,~ ~ ~' - 4 _ ~
~ _
~' qtr
., ~ J Q ~ .. e~1 '
~ ~ * ~ _
~ ~.~
I,,
~x `'
Ni
42~ 3 ~d~2~3110 ~
~ ~ ~ ~'
" '~ ~ ~ N
,~'~. ~ ~
w
~~° ~. ,, ~ ~ ~`~ ,°" ~~°~ ~ `~ j
~~
j
~ ~ ~ I
t
~ ~J
y
~.. ~ i
1,
I
,~~~ ~ti
v ,
...... ~
~ ~
~~ -+ ~::::~ 4
~ ..
~ ..
,,
~ \
~, ,
Y
~~ '~ r
~, "~
„" _ ~ ` ~ "`
~ ~ ~ ~~ w
~~~
~ ~,
~.,..~ ~~ ... ~. ,... it ~'~,~~~''~~~ ~._
W
1
B
;~ N
~~~ °'~ ~~
W
Z~(n
Q
N
N
o LL
0
0
o
~ - v "~*,.' ,~ ~ " - ~ ' ~"'~ ~Jt _ - ~ .fir ~ ~~ ~ ~ I ~~
,~
,. -
...~ r
,.
,~ i ~ ~_
.. ~
nw. ~ ~- - ~ , ~ -
d -se-. ~ v~ ,,,y~~
_ -. t _ ,
` lair` . r • I~. . y;.
~~~ ~ J' rT-'. ~ _ ~1 '~` S' ,v~y„ ~M:~~;^ ~!~ ~. fir' O T J~J~ ~ '~ ~ ~i~ ~L
~ ~ .r.~n r ~ ' ~GiA''7 F _ ~«~ ~A~ Q 1 rv T rl~ ^ 4µS .. - J ,.r
~~r ~~ ~~" ~~ ~r ~x I ~ ~. ... _ ~ D .~: -a ~ .{G~ Y-..
4 r ,d 'y ~y ~ = r ~r{~ r
,~ _ ~.. L .yy, ~.1r«,T~ t - t _ _ _ .,.t __ ~Mr ^y'y , _ _ ~ ~ ~~~ L s'7l~~ ' -...t .
'` ~ ,~+
t _ _
,~
s ~ 1,
.~
r~,~ r~-~•.. x i 1 ~ I "R,°~;. r~.: , fir. .~';- i _ ~« _ - ~f ~
I ~;i3. i,~,,F' f _h, ~ ~ .,. .'~, I, - ,awl .. ~ M ,-J ~ aJ~~ --
t ~ ~ w w
i ~'~ ~'.fj ~~_~ ~ ~~.~ ~~ ~ -. .. _ ~ 3 ~ 3Y y +c
. 7 t - -~ _. S~~ri^M~L,y-- ~qW i. -v+~,~ ~ mow;;. ~7 +~Il~i- ,.:~ '?f'j~ ..~
+ ~ ~ ~ ~> - y.--... +~
µ ~ ~ ~ r~ '"i'y, ~ C ~ ~ ~~ 4 ~.m " ,1~ ti 4~ 'Y'+ i
-n
_ n
._
_' ~ ~~~ f,,~,~ ;~ .rte. ro ~,ti Rr,4Gr ~~ ~ ~ --
,3.- ,
,.,
._
~j ~ ~~
13SN0507-1