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14SN0572 CASE MANAGER: Darla Orr May 22, 2014CPC June 25, 2014 BS STAFF’S BS Time Remaining: REQUEST ANALYSIS 365 days AND RECOMMENDATION 14SN0572 Shayma E. Said MidlothianMagisterial District 1906 Otterdale Road REQUEST:Conditional Use to permit a stock farm (keeping of fowl) in an Agricultural (A) District. PROPOSED LAND USE: The applicant plans to continue keepingfowl on the property.The ordinance limits the number of fowl on Agriculturally-zoned properties containing less than three (3) acres to a maximum of twelve (12).The applicant currently keeps forty-three (43) fowl on 2.3 acres (ten (10) ducks, thirty (30) hensand three (3) roosters) necessitating conditional use approval.With the approval of this request, the applicant would continue to keep forty-three (43) fowl but with no roosters permitted (ten (10) ducks and thirty-three (33) hens).(Proffered Condition 2) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend denial for the following reason: While the propertyis zoned Agricultural andis close to the minimum three (3) acre requirement for by-right stock farm use, and proffered conditions offer standardsintended to mitigate the impact of the keeping the additional fowl on adjacent properties, the proposal to continue keeping the additional hensand ducks may have an adverse impact on existing and anticipated single-family residential developmentin the area. Ð®±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½» (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S)MAY PROFFER CONDITIONS.CONDITIONS NOTED “CPC” ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (CPC)1.This conditional use shall be granted to and for Shayma Said, exclusively, and shall not be transferable or run with the land. (P) (CPC)2.A maximum of thirty-three(33) chickens and ten (10) ducks may be kept on the property. The keeping of roosters shall be prohibited. (P) (CPC)3.All chickens and ducks shall be confined to an enclosed area or pen. The pen shall not be located in the front or corner side yards of the property. The pen shall be located a minimum of fifty (50) feet from the side and rear property lines and a minimum of 100 feet from corner side property line measured from Gamecock Road. (P) (CPC)4.No less than 100 square feet of the existing building, which is identified onAttachment 1 as the existing coop and which contains approximately 412 gross square feet, shall be maintained to serve as the coop.There shall be no additions permitted to this building to accommodate the use.A fenced outside run, no less than 500 square feet and no greater than 700 square feet in area, shall be provided. (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. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) (CPC)6.A single row of evergreen trees shall be planted along the northern and western boundary of the outside run to reduce visibility of the run from Gamecock Roadand the adjacent property to the west.Within sixty (60) days of the approval of this request, the applicant shall submit a landscaping plan to the Planning Department for review and approval.The approved landscaping shall be installed within ninety (90) days of the approval of the landscape plan. (P) (CPC)7.This Conditional Use shall be granted for a period not to exceed five (5) years from the date of approval. (P) î ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ GENERAL INFORMATION Location: The request property is locatedin the southwest corner of Gamecock and Otterdale Roads and is better known as 1906 Otterdale Road.Tax ID 716-697-3404. Existing Zoning: A Size: 2.3acres Existing Land Use: Single-family residential and agricultural (keeping of fowl) Adjacent Zoning and Land Use: Northand West–R-40; Single-family residential or vacant South–A and R-40; Agricultural(stock farm), single-family residential or vacant East –A and C-3with CU & CUPD; existing single-family residential on acreage parcels or vacant and single-and multifamily residential (planned on property zoned C-3) UTILITIES;ENVIRONMENTAL; FIREAND COUNTY TRANSPORTATION This request will have minimal impact on these facilities. Virginia Department of Transportation (VDOT): The Department has no objectionto the conditional use of raising poultry and growing vegetables on the subject case parcel as the proposed use will not impact the operation of the State maintained right-of-way or of the existing site access to Otterdale Road. LAND USE Comprehensive Plan: The Comprehensive Plansuggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). í ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ Area Development Trends: The area is characterized by a mix of single-family residential and agricultural zoning. Properties to the north and west are occupied by single-family residential use within North HundredSubdivision or are vacant.Properties to the south and east are occupied by agricultural and single-family residential use on acreage parcels or are vacant.Access to a largerparcel behind agriculturally zoned lots fronting Otterdale Road is located to the east. This larger property is zoned C-3 with conditional use and conditional use planned development to permit a planned mixed use community including commercial and residential uses or varying densities.It is anticipated that residential use will continue in the area as suggested by the Plan. UseLimitations: The Zoning Ordinance regulates the keeping of chickens,other fowl and livestockon properties zoned Agricultural(A) and Residential (R).The chart on page 5 outlines the requirements of the Zoning Ordinance for this use on properties zoned “A”and “R”, including the use as currently permitted on the 2.3 acre subject property which is zoned “A.” ì ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ Zoning Ordinance Requirements RESIDENTIAL STOCK SUBJECT STOCK FARM FARM & CHICKEN PROPERTY KEEPING ZONING AAR DISTRICT ACREAGE2.3acres*Minimum of 3 acresNot specified Residential Stock Farm Requires Conditional Use(CU) 1 or more fowl other than chickens By-right use 1 or more cows, By-right useto sheep, goats, horses, More than 12 chickens keep12 or fewer rabbits or other small or other fowl, rabbits chickens or other domesticated or other domesticated fowl, rabbits or livestock or farm livestock other domesticated animals ANIMALS & 1 or morecows, sheep, livestock FOWL goats, horses or other Keeping roosters& No limit on PERMITTED minimum standards farm animals keeping roosters on coop, runs & No limit on keeping No minimum maintenance roosters standards on coop, considered with CU No minimum runs or Chicken Keeping standards on coop, maintenance By-right useto keep 6 runs or maintenance or fewer chickens No roosters permitted Minimum standards on coop, runs & maintenance *The applicant owns an adjacent parcel (0.3 acre) zoned Residential (R-40) for a total of 2.6 acres. ë ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ Use History: The request property is zoned Agricultural (A).The applicant has been keeping over forty-three (43) fowl on the property (including hens, roosters and ducks) for the past fourteen (14) months in an existing coop and run area.The applicant has indicated that she was unaware of any limitation on the stock farm use on her property because it is zoned Agricultural (A).She further indicated that her family raises poultry and grows their own vegetables and fruits in accordance with their religious beliefs to feed her family. In January 2014, the Planning Department received an inquiry, not based on an identified nuisance butrather as a result of the person’s interest in the difference between the numbers of chickens being kept on the request property and the numbers of chickens permitted by a recent Zoning Ordinance amendment for properties zoned residentially. Upon investigation, it was determined that the applicant was keeping more than the permitted maximum of twelve (12) fowl without the requisite conditional use approval because the subject property, while zoned Agricultural (A), is 2.3 acres in areanot three (3) acres. Site Design: As noted above, the applicant is currently permitted to keep fowl, including hens, roosters, ducks or other fowl, on the request property without specific standards set for coops, runs or maintenance.The applicant has offered the following to mitigate the impact of the use on area properties: Approval would be for the applicant only and for a period of five (5) years (Proffered Conditions 1 and 7) A maximum of thirty-three (33) hens only (no roosters) and ten (10) ducks would be permitted (Proffered Condition 2) All fowl would be confined to an enclosed area, with no free range fowl (Proffered Condition 3) Use would not be permitted within the front or corner side yards and the areas for keeping of the fowl would be setback a minimum offifty (50) feet from the side and rear property lines and a minimum of 100 feet from Gamecock Road (Proffered Condition 3) Limits the coop to the existing building, shown on Attachment 1, with no additions permitted and the size of the outside run (Proffered Condition 4) Requires areas associated with keeping of the fowl to be cleaned on a regular basis, including employing measures to minimize any odor or insects (Proffered Condition 5) ê ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ Requires the applicant to plant evergreen trees along the northern and western boundary of the outside run to reduce visibility of the run from GamecockRoad and adjacent property to the west (Proffered Condition 6) CONCLUSION The Zoning Ordinance permits stock farm use, including the keeping of more than twelve (12) fowl, by-right on a property zoned Agricultural (A) when such property is three (3) acres or more. The applicant has been keeping forty-three (43) fowl on the property (including hens, roosters and ducks) for the past fourteen (14) months in an existing coopand run area without the requisite conditional use approval because the subject property, while zoned Agricultural (A), is 2.3 acres in area,not three (3) acres. While the request property is zoned “A” and is close to the minimum three (3) acre requirement for by-right stock farm use, and proffered conditions offer standards intended to mitigate the impact of the keeping the additional fowlon adjacent properties,the proposal to continue to keep forty-three (43) hens and ducksmay have an adverse impact on existing and anticipated area single-family residential development. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (5/22/14): The applicant accepted the recommendation. There was noopposition present. There was support expressed by adjacent property owners, noting the fowl present no odor issues, the coop is unnoticeable and the property is well maintained.They commended the applicant’s efforts in removing debris and discarded material left on the property by the former owners; and noted the proffers offer greater limitations than ordinance requirements for keeping twelve or fewer chickens today. There was concern expressed by one (1) resident of North Hundred Subdivision, who doesnot live adjacent to the property, noting that she has no issues with the use or proffers, but suggested the use could impact property values. Mr. Waller stated that the applicant has made significant improvements to aesthetics to the site; he noticed no odors when visiting the property; conditions meet Virginia Tech standards; the number of fowl have been reduced from what was previously kept; and proffers limiting the use to the applicant for five (5) years along with landscaping to shield the use fromother properties were appropriate. Drs. Brown and Wallin agreed that proffered conditions would protecttheneighborhood. Mr. Patton stated he appreciates the applicant’s efforts. é ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Wallin, Patton, Brown and Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, June 25, 2014 beginning at 6:30 p.m., will take under consideration this request. è ïìÍÒðëéîóîðïìÖËÒîëóÞÑÍóÎÐÌ ïìÍÒðëéîóï