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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 218SN0582-2017DEC13-BOS-RPT 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 318SN0582-2017DEC13-BOS-RPT 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) /ƚƓķźƷźƚƓ Њ Limited to the applicants only Ownership /ƚƓķźƷźƚƓ Ћ Prohibits commercial activity, such as the breeding or Commercial Activity sale of animals and shows /ƚƓķźƷźƚƓ Ќ 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. /ƚƓķźƷźƚƓ Ѝ Use limited to area as shown on Exhibit A Location /ƚƓķźƷźƚƓ Ў 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. 418SN0582-2017DEC13-BOS-RPT 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. 518SN0582-2017DEC13-BOS-RPT 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. 618SN0582-2017DEC13-BOS-RPT 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) 718SN0582-2017DEC13-BOS-RPT ATTACHMENT 2 EXHIBIT A Animal Keeping Area November 9, 2017 818SN0582-2017DEC13-BOS-RPT