14SN0572
CASE MANAGER: Darla Orr
May 22, 2014 CPC
June 25, 2014 BS
July 23, 2014 BS
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0572
Shayma E. Said
Midlothian Magisterial 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 keeping fowl 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) hens and 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 property is zoned Agricultural 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 fowl on adjacent properties, the proposal to
continue keeping the additional hens and ducks may have an adverse impact on existing and
anticipated single-family residential development in the area.
íËÎÇÔÙÔÏÖ Ü ÷ôëêé úõîôúø ÚÎÐÐÈÏÔÉÄ ÉÕËÎÈÖÕ ØÅÚØÑÑØÏÚØ ÔÏ ÍÈÛÑÔÚ ÊØËÇÔÚØ
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER 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
on Attachment 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 Road and 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)
êï
óèñ
ûîêëíé
GENERAL INFORMATION
Location:
The request property is located in 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:
2.3 acres
Existing Land Use:
Single-family residential and agricultural (keeping of fowl)
Adjacent Zoning and Land Use:
North and 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-3 with CU & CUPD; existing single-family residential on acreage parcels
or vacant and single-and multifamily residential (planned on property zoned C-3)
UTILITIES; ENVIRONMENTAL; FIRE AND COUNTY TRANSPORTATION
This request will have minimal impact on these facilities.
Health Department:
In response to questions from the Midlothian District Board member, the Health
Department conducted necessary assessments to gauge the public health impact on area
wells and groundwater supply by allowing a stock farm (keeping of fowl) at 1906
Otterdale Road. Currently, there are no wells within 100 feet of the location of the coop.
This distance is the standard setback required by the state in separating drinking water
wells from potential sources of contamination. Accordingly, the Health Department
finds that the coop does not present a contamination danger to the safety of neighboring
wells. Any new or future wells that may be requested for this property or adjacent
this coop.
êï
óèñ
ûîêëíé
Virginia Department of Transportation (VDOT):
The Department has no objection to 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 Plan suggests the property is appropriate for Suburban Residential I
use (maximum of 2.0 dwellings per acre).
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
Hundred Subdivision 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
larger parcel 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.
Use Limitations:
The Zoning Ordinance regulates the keeping of chickens, other fowl and livestock on
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 and ,
including the use as currently permitted on the 2.3 acre subject property which is zoned
A.
êï
óèñ
ûîêëíé
Zoning Ordinance Requirements
RESIDENTIAL STOCK
SUBJECT
STOCK FARM FARM & CHICKEN
PROPERTY
KEEPING
ZONING
A A R
DISTRICT
ACREAGE 2.3 acres* Minimum of 3 acres Not specified
Residential Stock Farm
Requires Conditional
Use (CU)
1 or more fowl other
than chickens
By-right use
By-right use to
1 or more cows,
More than 12 chickens
keep 12 or fewer
sheep, goats, horses,
or other fowl, rabbits
chickens or other
rabbits or other small
or other domesticated
fowl, rabbits or
domesticated
livestock
other domesticated
livestock or farm
ANIMALS &
1 or more cows, sheep,
livestock
animals
FOWL
goats, horses or other
No limit on
PERMITTED
Minimum standards
farm animals
keeping roosters
& maintenance
No limit on keeping
No minimum
considered with CU
roosters
standards on coop,
Chicken Keeping
No minimum
runs or
By-right use to keep 6
standards on coop,
maintenance
or fewer chickens
runs or maintenance
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.
êï
óèñ
ûîêëíé
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 but rather as a result of 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 area not 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 of fifty (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)
êï
óèñ
ûîêëíé
Requires the applicant to plant evergreen trees along the northern and western
boundary of the outside run to reduce visibility of the run from Gamecock Road
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 coop and 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 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 fowl on adjacent properties, the proposal to continue to keep forty-three
(43) hens and ducks may 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 no opposition 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
carded 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 does not 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 from other properties were appropriate.
Drs. Brown and Wallin agreed that proffered conditions would protect the neighborhood.
.
êï
óèñ
ûîêëíé
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.
Board of Supervisors Meeting (6/25/14):
eferred this case to
their July 23, 2014 public hearing.
Staff (6/26/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 30, 2014July 23,
2014 public hearing.
Staff (6/27 and 7/15/14):
The Health Department assessed area wells in proximity of the proposed use and
provided comments for the staff report.
The Board of Supervisors, on Wednesday, July 23, 2014 beginning at 6:30 p.m., will take under
consideration this request.
êï
óèñ
ûîêëíé
ïìÍÒðëéîóï