15SN0534
CASE NUMBER: 15SN0534
APPLICANTS: Kim M. Johnson and Mark A. Johnson
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District:CLOVER HILL
STAFF’SANALYSIS
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
NOVEMBER 19, 2014
BOS Time Remaining:
365 DAYS
Applicants’ Contact:
MARK JOHNSON(804-744-1210)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANTS’ REQUEST
Conditional Use to permit a residentialstock farm (keeping a pig) in a Residential (R-7) District.
The applicants plan to continue keeping a pig on the property.
(NOTES: A. Conditions may be imposed or the property owner may proffer conditions.
B. Proffered conditions are located in Attachment 1.)
RECOMMENDATION
RECOMMEND DENIAL
PLANNING
Keeping of apet pig will have an adverse impact on adjoining
COMMISSION
property owners
(10/21/2014)
AYES: MESSRS. WALLIN, PATTON AND GULLEY
NAYS: MESSRS. BROWN AND WALLER
AFTER PUBLIC INPUT, SHOULD THE COMMISSION AND BOARD WISH
TO APPROVE REQUEST, ACCEPTANCE OF THE PROFFERED CONDITIONS
IN ATTACHMENT 1 WOULD BE APPROPRIATE.
STAFF
Conditions minimize any adverse impactsupon neighboring
properties
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
PLANNING-
FIRE-
CDOT-
VDOT-
UTILITIES-
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL I
The designation suggests the property is appropriate for a maximum of 2.0 dwellings per acre
.
Map 3: Surrounding Land Uses & Development
Timber Ridge Subdivision,
Brandermill
Timber Ridge Road
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PLANNING
Staff Contact: Ryan Ramsey(804-768-7592) ramseyrp@chesterfield.gov
STOCK FARMS & RESIDENTIAL STOCK FARMS
The Zoning Ordinance regulates the keeping of chickens, other fowl, livestock and farm animals on
properties zoned Agricultural (A)and Residential (R) as outlined below:
Zoning DistrictOrdinance Requirements
Stock Farm and the keeping of chickensis a by-right use
Agricultural (A)
Permits keeping of unlimited number of chickens, other fowl,
(3 or more acres)
rabbits, sheep, goats, horses or other farm animals and small
domesticated livestock
Permits keeping of chickens, limited to six (6) hens
Conditional Use required for Residential Stock Farm (Keeping
Residential (R)
of 1 or more cows, sheep, goats, horses, fowl (other than
chickens), rabbits or other small domesticated livestockor
other farm animals )
USE HISTORY
The applicants havebeen keeping a pigas a pet on the property for the past nineteen (19) months.
The applicants indicated that they wereunaware of any restrictions related to astock farm use on
their Residential (R-7) zoned property. A pig is classified as a farm animal by the Zoning Ordinance.
Keeping a pig requires approval of conditional use to permit a residential stock farm in a
Residential District.
In June2014, the Planning Department received a complaint that a pig was being kepton the
property. Upon investigation, it was determined that the applicants werekeeping a pig that is
primarily keptinside the applicants’ home.
KUNEKUNE PIGS
The applicants indicated that their pig is a Kunekune pig. AKunekune pig is a farmanimal that is
native to New Zealand. According to the applicants, the lifespan of a Kunekune pig is
approximately fifteen (15) to twenty (20) years that can reach a mature weight of approximately
150 to 200 pounds. Online resources generally confirm these figures. The applicants’pig is
approximately twenty-one (21) months old and weighs 150 pounds.
COUNTY REGULATIONS
The County’s Animal Control office indicates the following:
Alicense is not required for the keeping of a pig.
No shots or vaccinations are required for the keeping of pigs as livestock or pets within the
County. This includes a rabies vaccination, which has not been verified as an effective
vaccine in pigs.
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Recommended that pig owners work with a veterinarian to acquire the necessary shots
and vaccines to maintain a healthy animal.
The applicants indicate that their pigsees a veterinarian one (1) to two (2) times a year and is
kept updated on recommended shots and vaccinations.
PROPOSAL
The following provides an overview of conditions offered by the applicants to mitigate the impact
of the use on area properties:
GeneralOverview
Requirements Details
Conditional use limited to Kim M. and Mark A. Johnson only.
Non-Transferable Ownership
Proffered Condition 1
One (1) Year
Time Limitation
Proffered Condition 2
Keeping of one (1) Kunekune Pig
Use Permitted
Proffered Condition 3
The pig shall be kept indoors. When outside, the pig shall be
Control and Containment of
on a leash or within a fenced rear yard with supervision.
Animal
Proffered Condition 4
The pig shall not be replaced.
Replacement of Animal
Proffered Condition 5
Within thirty (30) days of approval, documentation supplied
to Planning Department on the age, sex, color, size and
Documentation
photo of thepig.
Proffered Condition 6
Exterior areas (pens, shelters, fenced rear yards, etc.) shall be
cleaned and made free of waste on a regular basis.
Waste associated with the use shall be disposed of in an
appropriate waste disposal container that is periodically
Animal Waste and Odor
removed from the site.
Property owner shall employ a means of eliminating any odor
problems and propagation of insects.
Proffered Condition 7
The applicants indicate that their pigis kept indoors andperiodically let outside intoa fenced
rear yard under supervision. They further indicated that the waste is immediately picked-up
and placedinside a waste container. Proffered conditions would continue to ensure proper
control, containment and waste control.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012)smithgd@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS)Facilities
Fire StationSwift Creek Fire Station, Company Number 16
EMS Facility Swift Creek Fire Station, Company Number 16
The request will have a minimal impact on Fire and EMS services.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Steve Adams (804-751-4461)adamsst@chesterfield.gov
CDOT has no comment on this request.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) -
Access Management (24VAC30-73) -
Subdivision Street Acceptance (24VAC30-91/92)-
Land Use Permit (24VAC30-151)-
Summary/Additional Comments VDOT has no comment on this request.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The existing dwelling is connected to the public water and wastewater systems. The request will
not impact the public water and wastewater systems.
Water and Wastewater Systems
Currently Sizeof Existing LineConnection Required by County Code?
Serviced?
WaterYes 8”Yes
WastewaterYes 8”Yes
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov
Environmental Engineeringhas no comment on this request.
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CASE HISTORY
Applicant Submittals
8/1/14Application submitted
8/28/14Revised proffered conditions submitted
10/23/14Revised proffered conditions submitted
Community Meetings
9/30/14 Issues Discussed
Clover Hill Planning Commissioner, applicants and staff attended this
meeting at Clover Hill High School
Prior to adopting the pig, the applicants reviewed neighborhood
covenants and restrictions
Frequency of veterinary visits
Care for pig during the day
Size and lifespan of Kunekune pigs
Disposal of animal waste
Impact and possible precedent of permittinga pig to be keptin the
Brandermillcommunity as well as residential areas of the County
General discussion ensued about the review process the Countyshould
use to review futurecases where the keeping of pigs is proposed
Planning Commission Meeting
10/21/14 Citizen Comments
Supporters of the request noted that:
Proffered conditions will minimize impacts on adjoining property
owners and neighborhood
Lack of evidence about communicable diseases from pet pigs to
humans
Pet pigs, specifically the Kunekune breed, are similar to the
keeping of large dogs
Conditional use process evaluates request on case-by-case basis,
therefore approval would not establish a precedent for future pet
pig requests
Opposition to the request noted that:
Pet pigs are considered farm animals by the Zoning Ordinance and
are not an appropriate animal to keep in a residential area
Possibility of communicable diseases being passed from a pet pig
to a human owner
Pet pigs may reduce property values and hurt property sales in the
vicinity of request
Request may set a precedent for more stock farm animal requests
in residential areas
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Commission Discussion
Mr. Gulley noted that:
An expectation has been established forBrandermill asa
residential community where agricultural uses are not appropriate
Keeping of a pet pig may have a negative impact on property
values for properties adjacent to the request property
Applicants’ petition does not indicate wide support from the
Brandermill community
Request will set a precedent to allow pet pigs in other residential
areas of the County
The Commission noted that:
Research relative to the transmission of certain diseases from pigs
to humans is inconclusive
Conditional use process is set up to evaluate each case on its
merits rather than set a precedent for future requests
Zoning process must assess all impacts of a request on adjacent
property owners
Concern was expressed about recent opposition arising from a
nearby property owner and a weekend gathering of pet pigs on the
request property
Recommendation –DENIAL
Motion: Gulley; Seconded: Patton
AYES:Wallin, Patton, and Gulley.
NAYS: Brown and Waller.
The Board of Supervisors on Wednesday, November 19, 2014 beginning at 6:30 p.m., will
take under consideration this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“Staff”–Recommended Solely by Staff
(STAFF)1. Non-Transferable Ownership: Conditional use shall be granted to and for
Kim M. Johnson and Mark A. Johnson, exclusively, and shall not be
transferable nor run with the land. (P)
(STAFF)2. Time Limitation: Conditional use shall be granted for a period not to
exceed one (1) yearfrom date of approval. (P)
(STAFF)3. Use Permitted: A maximum of one (1) Kunekune pig may be kept on the
property. (P)
(STAFF)4. Control and Containment of Animal: The pig shall be kept inside the
dwelling. Whenever the pig is allowed outside the dwelling, it shall be on
a leash or within a fenced rear yard under appropriate supervision. (P)
(STAFF)5. Replacement of Animal: Should the pig be given, sold or pass away, it
shall not be replaced. (P)
(STAFF)6. Documentation History of Animal: The applicant shall provide a history of
the pig, such as age, sex, color and size as well as a photo to the Planning
Department within thirty (30) days of approval of the Conditional Use.
(P)
(STAFF)7. Animal Waste & Odor: All exterior areas associated with the keeping of a
pig (pens, shelters, fenced rear yards, etc.) shall be cleaned and made
free of waste on a regular basis. Waste associated with the use 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)
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