05SN0163-Feb23.pdfFebruary-23, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0163
George Michael Rowland
Dale Magisterial District
4430 Boones Bluff Way
REOUEST: Conditional Use to permit residential stock I~'m use (keeping of fbwl) in a
Residential (R-12) District.
PROPOSED LAND USE:
The applicant proposes to keep a maximum of twenty (20) chickens and/or
guineas, (Proffcred Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial fbr the following reasons:
A.
The proposed land use does not comply with the Central Area Plan which
suggests the property is appropriate for residential use of t.00 to 2.5 dwelling
units per acre.
The proposed lm~d use is incompmible with existing residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY O'WNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION', CONDITIONS WITH ONLY A "STAFF" ARE
Providing a FIRST CHOICE communiD~ through excellence in public service
RECOMMENDED SOLELY BY STAFF, CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(cpc) 1.
Ali. areas associated with the keeping of fowl (coops, yards, 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) 2.
Any stock famq use shall be limited to the keeping of a total of twenty (20)
chickens and/or guineas. (P)
(CPC)
This Conditional Use shall be granted to and lbr George Michael Rowland
exclusively, and shall not be transferable nor run with the land. (P)
GENERAL INFORMATION
Location:
West line of the terminus Boones Bluff Way, and 'known as 4430 Boones Bluff Way.
Tax iD 757-684-7598 (Sheet 1 I).
Existina Zoning:
R-12
Size:
0.3 acre
Existin~ Land Use:
Single family residential with non-conforming residential stock fann
Adjacent Zoning and Land Use:
North, South, East and West - R-12; Single family residential
UTILITIES: ENVIRONMENTAL; PUBLIC FACILITIES
This request will not impact these facilities.
05SNO163-F;EB23-BOS
Drainage and Erosion:
This request will have a minimal impact on drainage and erosion.
Fire Service; Transportation; Parks and Recreation:
This request will not impact these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 1.00 to 2.5 dwelling units per acre.
Area Develor~ment Trends:
Surrounding properties are zoned Residential (R-12) and are occupied by single family
residential use within Cabin Creek West and Jacobs Glenn Subdivisions. lit is anticipated
that this area will remain residential as suggested by the Plan.
Use Limitations and Non-contbrn~ance:
According to the applicant, he has h.ad twelve (12) chickens and/or guineas on the
property since :1.999. These tbwl were permitted by-right until an Ordinance amendment
in 2003 created a residential stock farm use which requires a Conditional Use for the
keeping of one (1) or re. ore fowl in a residential district. Therefore, the stock farm use for
the keeping of up to twelve (12) fowl is a non-conforming use, In 2002, the applicant
added eight (8) additional fowl which were not permitted by-right in a residential district
and therefore is requesting approval of this Conditional Use to permit the keeping of the
eight (8) additional fowl.
Proffered Condition I limits the stock farm use to the keeping of a total of twenty (20)
chickens and/or guineas. Proffered Condition 3 would restrict this Conditional Use to the
applicant only. In addition, any facilities associated with the keeping of fowl should be
maintained so as to minimize the potential for nuisance from insects and odors.
(Proffbred Condition 2)
Accessory structures such as coops and storage sheds must contbrm to the setback
requirements of the Ordinan.ce for accessory structures in the Residential (.R-I2) District.
3 05SN0t 6347ff';B23-BOS
CONCLUSION'S
The proposed land use does not con.form to the Central Area Plan which suggests the property is
appropriate lbr residential use of 1.00 to 2.5 dwelling units per acre. tn addition, the proposed
use is not compatible with the surrounding residential area.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/18/05):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was support present indicating that the lbwl
would benefit the neighborhood by ridding the area of snakes and ticks.
On motion, of Mr. Litton, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 23, 2005, beginning at 7:00 p.m., will take
under consideration this request.
4 05SN0t63-FEB23-BOS
..... N~¥ BY'S BRIDGE
I !
/ /
! I