STAFF S REQUEST ANALYSIS AND RECOMMENDATION 13SN0507. Ryann Barnum. Midlothian Magisterial District 2221 Swamp Fox Road

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1 SE MNGER: Ryan Ramsey pril 16, 2013 P P Time Remaining: 100 days STFF S REQUEST NLYSIS ND REOMMENDTION 13SN0507 Ryann Barnum Midlothian Magisterial District 2221 Swamp Fox Road REQUEST: onditional use approval to permit a residential stock farm (keeping of chickens) in a Residential (R-40) District. PROPOSED LND USE: The applicant proposes to keep a maximum of four (4) chickens on the request property. Recommend denial for the following reasons: REOMMENDTION. The proposed land use does not conform to the omprehensive Plan, which suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). B. The proposed land use is incompatible with existing and anticipated area residential development. (NOTE: ONDITIONS MY BE IMPOSED OR THE PROPERTY OWNER MY PROFFER ONDITIONS.) PROFFERED ONDITIONS 1. onditional use shall be granted to and for Ryann Barnum, exclusively, and shall not be transferable nor run with the land. (P) 2. maximum of four (4) chickens may be kept on the property. The keeping of roosters shall be prohibited. (P) Providing a FIRST HOIE community through excellence in public service

2 3. ll chickens shall be confined to an enclosed area or pen. The pen shall be located a minimum of forty (40) feet from the side and rear property lines. The pen shall not be located in the front yard of the property. (P) 4. hen house with frame construction, no less than six (6) square feet and no greater than ten (10) square feet in area, shall be provided. fenced outside run, no less than thirty-two (32) square feet and no greater than fifty (50) square feet in area, shall also be provided. The outside run shall be covered with wire mesh, boiling twine or other appropriate wire material. (P) 5. ll areas associated with the keeping of chickens (pens, coups, shelters, etc.) shall be cleaned and made free of waste on a regular basis. ll waste associated with the residential stock farm 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) Location: GENERL INFORMTION The request property is located on the southern line of Swamp Fox Road, west of Otterdale Road and is better known as 2221 Swamp Fox Road. Tax ID Existing Zoning: Size: R acres Existing Land Use: Single-family residential djacent Zoning and Land Use: North, East and West R-40; Single-family residential or vacant South R-12; Vacant 2 13SN0507-PR16-P-RPT

3 UTILITIES Public Water and Wastewater Systems: The request site is currently connected to a private well and septic system. This request will not impact the public utility systems. Water Quality: ENVIRONMENTL The subject property drains to a tributary of Swift reek. In 2010, the Virginia Department of Environmental Quality listed this stream segment of Swift reek, to include the confluence of Turkey reek downstream to its confluence with Swift reek Reservoir, as impaired. The impairment is caused by bacteria (Escherichia coli) concentrations above water quality standards as it relates to recreational contact. The source(s) of impairment were identified as both non-point and agricultural uses. gricultural activities draining to this segment of Swift reek should exercise proper livestock waste management programs and best management practices (BMPs) in order to reduce bacterial containments in stormwater runoff to receiving streams. PUBLI FILITIES This request will have no impact on these facilities. omprehensive Plan: LND USE The omprehensive Plan designates the property as Suburban Residential I. This designation suggests single-family dwellings, as well as dwellings on smaller lots or condominiums (under certain conditions) with a density not exceeding 2.0 dwellings per acre. rea Development Trends: djacent properties are zoned Residential (R-12 and R-40) and are occupied by singlefamily residential uses or remain vacant. Properties to the north and west, including the request property, are located within the North Hundred subdivision. The lot located immediately to the east remains vacant. The vacant tract of land to the south has received tentative subdivision approval for single-family subdivision development, known as the Newmarket subdivision. It is anticipated that single-family residential subdivision will continue in the area at densities suggested by the Plan. 3 13SN0507-PR16-P-RPT

4 Residential Stock Farms: Until 2002, the Zoning Ordinance permitted the keeping of up to twelve (12) fowl, to include chickens, in residential districts. In 2002, an Ordinance amendment created a residential stock farm use which requires a conditional use for the keeping of one (1) or more fowl in a residential district. This amendment was generated as a result of on-going concerns from ounty residents relative to the compatibility of small scale stock farm use within residential developments. Stock farms continue to be a permitted use in gricultural () Districts, subject to a minimum parcel size of 3.0 acres. The minimum parcel or lot area provides the necessary space to operate a stock farm with adequate separation from adjoining properties in agricultural areas. In a residential zoning district, a stock farm use located on a lot or parcel with less than 3.0 acres has the ability to alter the residential character of an area and increase the impacts of the use on adjoining properties. Use Limitations: Proffered ondition 1 would limit the conditional use to the applicant only. The applicant currently keeps three (3) chickens in a chicken coop and pen within the rear yard in the southeastern portion of the lot, closest to the undeveloped lot to the east (ttachment 1). The proffered conditions would limit the stock farm use to a maximum of four (4) chickens while also prohibiting the keeping of roosters (Proffered ondition 2). In addition, proffered conditions would require any facilities associated with the keeping of chickens to be maintained so as to minimize the potential for nuisance from insects and odors. (Proffered ondition 5) Proffered ondition 3 would provide a requirement that all chickens be contained within an enclosed area or pen. In addition, the proffered condition would establish a setback requirement for the enclosed area and/or pen to be a minimum of forty (40) feet from side and rear property lines. No pen or enclosed area associated with the keeping of the chickens would be permitted in the front yard. (Proffered ondition 3) In an attempt to address concerns from the Midlothian District Planning ommissioner, the applicant has proffered a minimum and maximum area requirement for the hen house and outdoor run. In addition, the applicant has also proffered to have the outdoor run covered with wire mesh, boiling twine or other appropriate wire material. (Proffered ondition 4) ONLUSION The proposed residential stock farm use does not conform to the omprehensive Plan, which suggests Suburban Residential I uses. In addition, the proposed residential stock farm is not compatible with existing and anticipated area residential development. Given these considerations, denial of this request is recommended. 4 13SN0507-PR16-P-RPT

5 I ND ON T IN F RN B OR OU G H DR DO NW Y O LD HLLSLEY G ME O K Legend R-15 HU ND RE D ZONING gricultural ommercial Industrial Office Residential RP NORTH HUNDRED HU IN NT G HI LL P M -3 R-40 X FO OTTELE R-15 S R-12 P M M O-2 P X FO R-40 / Feet D ER L OT TE 13SN0507.U. Streams R-12 R-15 R-9 erial photos taken in 2009 FO D XR

6 Sw p m a Rd x Fo 2221 pproximate Location of Hen House & Outdoor Run 4 13SN0507-1