18SN0582
CASE NUMBER: 18SN0582
APPLICANTS: Daniel C. and Wanda G. Merrick, Sr.
CHESTERFIELD COUNTY, VIRGINIA
BERMUDA DISTRICT
STAFF
AND RECOMMENDATION
Board of Supervisors (BOS) Public Hearing:
DECEMBER 13, 2017
BOS Time Remaining:
365 DAYS
DANIEL MERRICK (804-748-4627)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
7.5 Acres - 14215 Amstel Bluff Terrace
REQUEST
Conditional use to permit a farm use (keeping of horses and chickens) in a Residential (R-25) District.
Notes: A. Conditions may be imposed or the property owner may proffer conditions.
B. Conditions and Exhibits are located in Attachments 1 and 2.
SUMMARY
The applicants currently keep 15 chickens on the property. They plan to keep up to 3 horses on the
property as well. The Zoning Ordinance requires approval of a Conditional Use to permit farm use in
a residential district.
RECOMMENDATION
PLANNING APPROVAL
COMMISSION
APPROVAL
Given the size of the subject property and recommended conditions, the
use should be compatible with surrounding residential development.
STAFF
Conditions would minimize the potential for adverse impact from the use
on existing residential uses.
The Comprehensive Plan suggests a mix of agricultural and residential
uses are appropriate in the area.
Providing a FIRST CHOICE community through excellence in public service
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Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for a combination of agricultural and residential
uses.
Surrounding Land Uses and Development
Amstel Bluff Terrace
Residential use
Residential uses within
within Amstel Bluff
Glebe Point and
and agricultural use
agricultural use
Bradley Bridge Rd
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
Proposal
keep 15 chickens, including 2 roosters on the property. While the number of chickens exceeds the
number and type (maximum of 6 chickens and no roosters) permitted by the ordinance in
residential districts on properties greater than 3 acres, there have been no complaints received
regarding this use.
The applicants also propose to keep up to 3 horses on their property which is zoned Residential (R-
25). The keeping of horses is a use first permitted as a farm use on a property with three (3) or
more acres in an Agricultural (A) zoning district. Within a Residential (R-25) zoning district, a farm
on property greater than three (3) acres is restricted to the keeping a maximum of six (6) chickens
and no roosters. No other animals or livestock are permitted. Therefore, approval of a Conditional
Use is required to permit the keeping of horses, one (1) rooster, and the additional chickens on the
subject property.
The following table provides an overview of conditions recommended by staff to minimize the
potential impacts of the use on adjacent property owners.
General Overview
Requirements Details
Limited to the keeping of 3 horses and 15 chickens
Use
(including 1 rooster)
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Limited to the applicants only
Ownership
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Prohibits commercial activity, such as the breeding or
Commercial Activity
sale of animals and shows
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All areas for horses cleaned and made free of waste on a
regular basis. In addition, the property owner shall employ
Animal Waste
a means of eliminating any odor problems and
propagation of insects.
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Use limited to area as shown on Exhibit A
Location
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Given the size of the request property, and property maintenance as would be required by the
recommended conditions, the use should not adversely affect area residential uses. In addition,
residential stock farms have been approved on larger acreage parcels with no apparent adverse
impact. In addition, the Comprehensive Plan suggests the area is appropriate for a mix of
agricultural and residential uses.
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ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
Geography
The subject property drains south directly into Swift Creek, which coincides with the southern
property line. The entire property is located within the Lower Swift Creek Watershed.
Natural Resources
Resource Protection Area (RPA) associated with Swift Creek and its connected and contiguous
wetlands encompasses the southern portion of the property. A Water Quality Impact Assessment
must be submitted to and approved by the Board of Supervisors and/or the Department of
Environmental Engineering for any improvements which encroach into the RPA. All livestock
should be kept outside the limits of the RPA.
In addition, the southern half of the subject property contains 100-year FEMA floodplain along
Swift Creek. Approval from FEMA and/or the Department of Environmental Engineering is
required prior to any activities within the floodplain, including the installation of any fencing.
Erosion and Sediment Control
If greater than 2,500 square feet of total land disturbance will occur as a result of any proposed
improvements, a land disturbance permit will be required.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
9/1/17 Application submitted
Community Meeting
11/8/17 No citizens attended
Planning Commission
11/21/17 Citizen Comments:
No citizens spoke to this request
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Wallin Second: Freye
AYES: Sloan, Jackson, Freye, Jones, and Wallin
Board of Supervisors
The Board of Supervisors on Wednesday, December 13, 2017, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note: The following conditions are recommended by both the Planning Commission and Staff.
1.Use: This Conditional Use approval shall be for a stock farm use, which shall be limited
to the keeping of a maximum of three (3) horses and fifteen (15) chickens, including one
(1) rooster. (P)
2.Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively
to Daniel C. and Wand G. Merrick, Sr., and shall not be transferable or run with the land.
(P)
3.Commercial Activity: No commercial activity, such as the breeding or sale of animals or
shows, shall be permitted in conjunction with this use. (P)
4.Animal Waste: All areas associated with the keeping of horses (pastures, stables,
shelters, etc.) and chickens (coops, run areas, 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)
5.Existing Improvements. The area for the keeping of the horses and chickens shall be
located on the site generally as shown on Exhibit A, dated November 9, 2017. (P)
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ATTACHMENT 2
EXHIBIT A Animal Keeping Area
November 9, 2017
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