APPROVED BY THE BOARD OF SUPERVISORS

APPROVED BY THE BOARD OF SUPERVISORS VIRGINIA: AT A REGULAR MEETING OF THE POWHATAN COUNTY BOARD OF SUPERVISORS HELD IN THE POWHATAN HIGH SCHOOL AUDITORIUM, 1800 JUDES FERRY ROAD IN POWHATAN COUNTY, VIRGINIA, MONDAY, SEPTEMBER 10, 2007 AT 7:00 P.M. PRESENT: T. J. BISE, CHAIRMAN RUSSELL E. HOLLAND, VICE-CHAIRMAN ROBERT R. COSBY C. SCOTT DANIEL R. KENNETH HATCHER ALSO PRESENT: CAROLYN CIOS (COUNTY ADMINISTRATOR), JOHN RICK (COUNTY ATTORNEY), BRANDON STIDHAM (DIRECTOR OF PLANNING), SHAUN REYNOLDS (PLANNER II), JAMIE TIMBERLAKE (ZONING ADMINISTRATOR), JOEY PAQUETTE (PLANNER I), AND FRAN POORE (DEPUTY CLERK) Mr. Bise called the meeting to order at 7:00 p.m. and he said that all who wish to participate may rise for the invocation. Mr. Hatcher presented the invocation. Mr. Bise said that Boy Scout Troop 823 was present tonight to earn their citizenship and communication merit badges. He asked Keith Burgess and Boy Scout Troop 823 to stand and be recognized. Ms. Cios presented the following Consent Agenda: CONSENT AGENDA: A, F, G & H A. MINUTES 1. Regular Meeting Minutes August 13, 2007 F. BUILDING OFFICIAL S & PLANNING DIRECTOR S MONTHLY REPORT G. COUNTY ADMINISTRATOR S ITEMS 1. Resolution Appomattox Governor s School RESOLUTION WHEREAS, the School Board of Powhatan County participates in the Appomattox Regional Governor s School for the Arts and Technology ( Governor s School ), which is governed by the Regional Board; and Board of Supervisor s Meeting Page 1 9/9/15/2008

WHEREAS, the title to the building which houses the Governor s School is held by the Appomattox Governor s School Limited Partnership; and WHEREAS, Va. Code Ann. 22.1-26 permits the Regional Board to hold title to the Governor s School building with the approval of the participating school boards and the respective local governing bodies; and WHEREAS, the Appomattox Governor s School Limited Partnership desires to transfer title to the Governor s School building to the Regional Board as permitted by Va. Code Ann. 22.1-26; and WHEREAS, the Board of Supervisors of Powhatan County approves title to the Governor s School being vested in the Regional Board. NOW, THEREFORE, be it resolved that the Board of Supervisors of Powhatan County hereby approves of the transfer of title of the Governor s School building from the Appomattox Governor s School Limited Partnership to the Regional Board. G.2. Resolution Requesting the Governor to Declare Powhatan County as an Agricultural Disaster Area A RESOLUTION REQUESTING THAT POWHATAN COUNTY BE DECLARED AS AN AGRICULTURAL DISASTER AREA WHEREAS, the lack of rainfall and drought like conditions in the summer of 2007 have severely affected farm crops in Powhatan County, and WHEREAS, Extension Service agents and U.S. Agriculture representatives have estimated crop losses in Powhatan as follows: THEREFORE BE IT RESOLVED, that the Powhatan County Board of Supervisors finds that a local emergency condition exists in Powhatan County as defined in Section 44 146. 16 (6) of the Code of Virginia; BE IT ALSO RESOLVED, that the Board requests the Governor of Virginia to designate Powhatan County as an agricultural disaster area; BE IT FURTHER RESOLVED, that any assistance to farmers, such as reseeding pastures and hay fields, feed for livestock, low interest loans, etc., be made available as soon a possible. Board of Supervisor s Meeting Page 2 9/9/15/2008

G.3. Appropriation of $23,354.00 from Highway Safety Grant Agreement to Sheriff s Office 4-100-31200-8213. No Local Match H. TREASURER S REPORT July 2007 Mr. Bise moved to approve the Consent Agenda as presented. Messrs. Bise, Holland, Cosby, Daniel and Hatcher voted AYE. VOTE 5 0 MOTION CARRIED B. VDOT ITEMS 1. Monthly Maintenance Report August 2007 Powhatan Area Headquarters has the following Accomplishments to report for the month of August: Base stone and prime seal was done on Duke Road from Route 684 Cartersville Road to the Creek. Secondary mowing was done by contractors. Primary mowing / trash pickup was done by contractors. Sight problem were cut with VDOT slope mower on Genito Road, Cartersville Road, and others. Drainage problem in first bottom on Ballsville road off of Old Buckingham Road was fixed by VDOT. Guardrail was installed on Bell Road at Steger Creek. Rode Lake Shawnee and Valley Springs identified work to be done as soon as work on Duke and Swann are done. Pavement problem on Petersburg Road dug out and repaired. Responded to Major storm on 8/16/07 heavy damage on Old River Trail, Monte Road, and on Kool Lane had roads passable in 24 hours. VOIS work orders pulled, litter and animal patrols done. (Having issues with signage, on r/w, questions on where r/w is, may just abandon effort.) Planning has begun for Snow removal. Several street signs were purchased by the County an installed by VDOT. Plans for the Month of September: Finish prep work on Duke and Swann Road so Contractor can pave them as well as Portion of Judes Ferry from Hancock to Mill Road. Fix spot on Old Buckingham road near Sallie Creek. Repair pavement issues noted above in Valley Springs and Lake Shawnee. Identify tree and sign work for County to be done this fall. Board of Supervisor s Meeting Page 3 9/9/15/2008

Dale Totten, Residency Administrator, said that Tuesday, October 16, 2007 is the scheduled date for the fall Six Year Improvement Program public meeting. He said that this is an opportunity for both the citizens and local elected officials to come and talk with the Commonwealth Transportation Board representatives. He said that this is an opportunity to voice any concerns regarding transportation in particular the primary and interstate programs. He said that it would be held at the Greater Richmond Convention Center, 403 North Third Street, Richmond, Virginia. He said that the local officials would meet at 5:00 p.m. to 6:00 p.m. and from 6:00 p.m. to 6:30 p.m. will be an open house and from 6:30 p.m. to conclusion would be the formal public hearing. Dale Totten said that also as a reminder on September 26, 2007 there is a public hearing regarding Mill Quarter Road Construction Project and that is scheduled at the Village Building from 5:30 p.m. to 7:30 p.m. Mr. Totten said that Duke Road still has activity in advance of the Rural Rustic Pavement Project and that there is still work that needs to be done before the pavement is laid on Duke and Swann Roads. Mr. Totten told Mr. Daniel that they had addressed the issue on Route 13. He told Mr. Bise that the brush had been removed at Petersburg Road. He told Mr. Holland that he understood that Mr. Mayo had ridden around with him and that VDOT would address the problems. Mr. Daniel asked about the dip in the road on Route 13. Mr. Totten said that there was no culvert or pipe in the roadway there and that they would have to tear up the pavement and rebuild the asphalt up. Mr. Daniel asked if there was a time frame. Mr. Totten said no, but that it would be addressed in the future. There being no further business, Mr. Bise thanked Mr. Totten for his report. C. APPOINTMENTS /RESOLUTIONS/PROCLAMATIONS/CERTIFICATES 1. Resolution - Powhatan Emergency Services Appreciation Day Mr. Bise presented the following Resolution and he moved that the Resolution be approved. RESOLUTION POWHATAN EMERGENCY SERVICES APPRECIATION DAY WHEREAS, Emergency service is vital to the livelihood of Powhatan County citizens and emergency personnel stand ready to provide care to those in need twenty-four hours a day, seven days a week; and Board of Supervisor s Meeting Page 4 9/9/15/2008

WHEREAS, Law enforcement, fire, dispatchers, emergency medical service, and public health personnel work devotedly and selflessly on behalf of the people of this Nation, regardless of the peril or hazard to themselves; and WHEREAS, The critical role of quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, The County s law enforcement agencies protect lives and property, detect and prevent crimes, uphold the law, and ensure justice; and WHEREAS, Powhatan County is made a safe and peaceful community with the hard work and sacrifice of all of Powhatan s emergency personnel; and WHEREAS, These valiant citizens and volunteers commit to thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, We recognize and honor Deputy Robert E. Green who met a tragic and untimely death on September 20, 2006 in the line of duty. NOW, THEREFORE BE IT RESOLVED, that September 20 th is hereby recognized as Powhatan Emergency Services Appreciation Day in memory of Deputy Green and the sacrifice he made while serving and protecting the citizens of Powhatan County; and NOW, THEREFORE BE IT FURTHER RESOLVED, that we ask that all citizens of Powhatan County to honor and celebrate the contributions and sacrifices made by all emergency personnel especially on this day as well as every day. Mr. Bise said that members of the Green family are present tonight and that he thanked them for all of their service to the County. Messrs. Bise, Holland, Cosby, Daniel and Hatcher voted AYE to Mr. Bise s motion. VOTE 5 0 MOTION CARRIED C.2. Appointment - Central Virginia Waste Management Authority Technical Advisory Committee (alternate) Mr. Bise moved to appoint Chris Rapp, Director of Utilities, to be the alternate. Messrs. Bise, Holland, Cosby, Daniel and Hatcher voted AYE. VOTE 5 0 MOTION CARRIED Board of Supervisor s Meeting Page 5 9/9/15/2008

PUBLIC COMMENT PERIOD Mr. Bise opened the Public Comment Period. As no one wished to speak, Mr. Bise closed the Public Comment Period. SUPERVISOR S COMMENT PERIOD Mr. Bise opened the Supervisor s Comment Period. Mr. Bise said that he had three things to note. 1. In collaboration with The Powhatan Free Health Clinic, the Bon Secours Care-A- Van is coming to Powhatan County Fairgrounds the first Monday of every month, starting October 1 st. He said that the Care-A-Van services are for the uninsured and all services are free, but donations are welcome. 2. The October Board of Supervisors meeting would be held a week later due to the Columbus Day holiday. He said that the workshop would be on October 11 th at the library and that the Board meeting would be held on October 15 th at the High School. 3. He received a lot of comments regarding the Retail Signs along Route 60 and these are from different people with different perspectives. He said that he would like the Planning Staff to use some of their enforcement time to study this issue with the Planning Commission to see if it is working the way we intended it to. He said that staff should report back after the study. Mr. Bise asked the consensus of the Board on his request. The Board agreed with his request. Mr. Cosby said that he has received several complaints regarding the clearing of lots in subdivisions and burning the brush debris. He said that the cinders from the fire are flying through the air and landing in the adjoining neighbor s yards. He said that he had a complaint in Maple Grove Subdivision where a tent caught on fire and a canvas pool cover caught on fire. He requested that the County Attorney and Planning Staff to review this and then come back to the Board with their results. Mr. Cosby asked the consensus of the Board on his request. The Board agreed with his request. Mr. Hatcher said that there is an important meeting on September 18, 2007 where the public has an opportunity to participate in the update of the Comprehensive Plan. He said that the citizen workgroups and URS would lead the County through this process and that it is a wonderful opportunity for the public to speak on what they think should be in the updates. He said that this meeting would be held at the High School Auditorium at 7:00 p.m. Mr. Bise said that this was a very important endeavor. Mr. Bise said that Mr. Holland had been in an accident and that he was glad to see him up and moving around. As no one else wished to speak, Mr. Bise closed the Supervisor s Comment Period. Board of Supervisor s Meeting Page 6 9/9/15/2008

PUBLIC HEARINGS D. 07-06-CUP, Kirby N. & Nancy R. Williams (Powhatan Courthouse/Ballsville Electoral District) request a conditional use permit (CUP) for a commercial landscaping operation in the A-1 Agricultural District per 5.3(27) of the Zoning Ordinance. The proposed commercial landscaping operation would be located on a 2.0 acre site within the subject property. The Comprehensive Plan designates the subject property as Low Density Residential (Future Land Use Plan Map) in a Rural Preservation Area (Land Use Policy Map). The subject property is 116.836 acres in size and is located at 5450 Old Buckingham Road. Reference to Tax Map Parcel #36-16. Mr. Stidham presented the following: Issue: The Applicants request a conditional use permit (CUP) for a commercial landscaping operation in the A-1 Agricultural District per 5.3(27) of the Zoning Ordinance. The proposed commercial landscaping operation would be located on a 2.0 acre site within the subject property. Facts: Mr. Williams currently owns and operates a grading and landscaping business at 1309A Stavemill Road which is governed by #06-18-CUP (Kenneth W. Moore). He is requesting a new CUP to move his business to the property on which he resides located at 5450 Old Buckingham Road, and is the first applicant for a CUP as a commercial landscaping operation in the A-1 District. 1 This new conditional use and its definition appear in the Zoning Ordinance as follows: 27. Commercial landscaping operation, provided that no machinery or equipment used for the business is stored within one hundred (100) feet of a property line, unless the equipment storage area is screened in accordance with 27.6(2)b. Commercial landscaping operation - The provision of tree, lawn, and landscaping services including planting, pruning, mulching, and tree/lawn/grounds maintenance using landscaping materials grown on the property and landscape materials produced off-site such as top soil and mulch. Such use may include greenhouses, office buildings, and equipment necessary for the operation of such services. Mr. Williams maintains a total of five (5) trucks and seven (7) pieces of large equipment: three (3) dump trucks, two (2) pickup trucks, two (2) tractors, two (2) loaders, two (2) track hoes, and one (1) chipper. He states in the application that material storage needs include gravel, topsoil, drainpipe, straw, seed, fertilizer, and mulch. He has six (6) employees that would come to his property and park during the workday. Hours of 1 New 5.3(27) was adopted by the Board of Supervisors on March 12, 2007 [#06-07-AZ]. Board of Supervisor s Meeting Page 7 9/9/15/2008

operation, consisting of trucks and equipment entering and leaving the property, would be from 7:00AM-6:00PM Monday through Friday, and from 7:00AM-12:00PM Saturday. No Sunday hours are proposed. The Applicants property is 116.836 acres in size but only two acres are proposed to serve as the conditional use area. The property contains the Applicants dwelling and several detached outbuildings that are used either for personal storage or by-right agricultural uses. The proposed CUP area is part of a large rectangular clearing that is wooded along all four sides. There are two existing agricultural buildings in the clearing but only one a 3,000 square foot structure is proposed for use in conjunction with this CUP. Staff also noted two existing fuel tanks and two metal shipping containers on the south end of the clearing. Mr. Williams plans to remove the tanks and relocate them to the east side of the 3,000 square foot building. The shipping containers are located outside the CUP area and will not be used in conjunction with the commercial landscaping operation. The Applicants have provided a surveyed site sketch ( Detail of C.U.P. Area, May 30, 2007 ) showing the dimensions of the CUP area and the building to be contained on it. The sketch depicts a 100 wooded buffer to be maintained along the eastern property line. The 3,000 square foot building is depicted with an 89.2 setback from the edge of the CUP area boundary and the beginning of the 100 wooded buffer. The balance of the 2.0 acre site is shown as a storage area for the materials referenced above. Equipment will be stored either in the metal building or will be parked in the gravel area shown on the site sketch. Materials will be stored either in the metal building or in the material storage area shown on the site sketch. All maintenance will be conducted by the equipment manufacturer, who will also be responsible for removing waste fluids from the subject property. Comprehensive Plan: The subject property is shown as Low Density Residential on the Future Land Use Plan Map, and as a Rural Preservation Area on the Land Use Policy Map. New 5.3(27) was added to the Zoning Ordinance to better distinguish landscaping businesses from the more generic truck hauler business that is allowable by conditional use in the A-1 District per 5.3(17). Many of the equipment, materials used, and activities conducted are similar to those activities that would be conducted with a by-right farming operation or other agricultural use. The Comprehensive Plan provides the following relevant guidance: b) Agricultural, Forest and Natural Resource Policies (Rural Preservation Area) 1) Continuation of Agricultural and Forestry Uses The County will encourage the continuation of compatible agricultural and forestry uses in this policy area. However, the policies of this Plan provide for a steady increase in planned residential development in this area. This future Board of Supervisor s Meeting Page 8 9/9/15/2008

development is expected to gradually limit the viability of many large scale agricultural and forestry uses over the long term. However, smaller scale uses are expected to continue and will be encouraged to do so even as residential development proceeds. 2 The Applicants proposed use would be the type of small scale agricultural use that the Plan recommends is encouraged in the Rural Preservation Area. As with all conditional use permits, conditions can be imposed to further ensure compatibility with surrounding properties. Comments from Reviewing Agencies and Departments: Health: Jack Watts (Powhatan Health Department) made no adverse comments on this request (7/2/2007). Drainage and Erosion: Christy McFadden (Monacan Soil & Water Conservation District) made the following comments (7/10/2007): Condition 1. This project requires a land disturbance permit. This project is not exempt under agricultural exemptions of the VA E&S Law & Regulations. General Comments 1. There are existing buildings and facilities adjacent to this site that have a history of personal use. 2. Will this 2 acre site be clearly marked and distinguishable in the field for the life of the CUP? Staff Comment: Standard Condition #5 ensures that land disturbance permits will be required for any activities that disturb more than 10,000 square feet. It should be noted that Mr. Williams proposes to use an existing building for the proposed conditional use and does not plan to construct any other buildings. In response to Ms. McFadden s comments, the Applicants agent revised the site sketch to depict the area to which the conditional use will be restricted. This will help to ensure that the area can be clearly identified and that no other buildings or areas on the property will be used for the conditional use. Public Safety: Pat Schoeffel (Powhatan County Fire Department) made the following comments on this request (6/26/2007): 2 1998 Comprehensive Plan, p. 82. Board of Supervisor s Meeting Page 9 9/9/15/2008

The address numbers need to be a minimum of ten (10) inches in height, reflective or Illuminated and located so they are highly visible from both directions on Old Buckingham Road. Staff Comment: Special Condition #2 is recommended in order to address Mr. Schoeffel s concerns. Transportation: Boris Solomonov (Virginia Department of Transportation) made the following comments on this request (7/17/2007): This request is for CUP for a permitted commercial landscaping operation on an area of 2 acres located at 5450 Old Buckingham Road, State Route 13. Traffic from the proposed business would be distributed to Old Buckingham Road, which had a 2004 traffic count of 2325 vehicles per day and 2030 (year) projected traffic count of 3953 vehicles per day. Old Buckingham Road is classified by VDOT as a Major Collector Road, currently proposed as a Category 3 road in the Powhatan County Access Classification with a level-of-service C-stable flow. However, with the 2030 proposed traffic the level ofservice may be degraded to level-of-service D approaching unstable flow. The information included with this request does not provide specific information necessary to determine the traffic volumes generated. At a minimum the existing private entrance must be upgraded to a VDOT standard commercial entrance on Old Buckingham Road. Any proposed modifications to existing state maintained facilities required as a result of this proposal shall be the responsibility of the developer. All improvements within state maintained right-of-way shall be designed and constructed in accordance with current VDOT standards and specifications. The issuance of a VDOT Land Use Permit is required prior to any construction activity within the right-of-way limits of Old Buckingham Road. The Virginia Department of Transportation (VDOT) requires that a commercial entrance be provided onto Old Buckingham Road, Route 13. This entrance shall be paved to the right-of-way line a sufficient thickness to support the vehicular traffic using this access. Adequate intersection sight distance must be obtained at the proposed access onto VDOT maintained roads and shown on the plans. Any necessary sight distance easements must be recorded and shown on the plans. Board of Supervisor s Meeting Page 10 9/9/15/2008

Staff Comment: Special Condition #3 has been added to address Mr. Solomonov s concerns. Public Utilities: The Facilities Department and Southside Electric Cooperative had no comments on this request. Schools: No comments were received from Powhatan County Public Schools. Building Department: The Building Department made no adverse comments on this request (7/13/2007). Other County Departments: No comments were received from other agencies or County departments. Comments from Adjoining Property Owners: As of this writing, Staff has received no formal comments on the request. Staff Comments: Staff has no outstanding concerns with this request. With the large acreage and existing vegetation, the Applicants are able to conceal vehicles, equipment and materials from public view. The limited scope of the business in terms of employees, hours, and operations shall have a minimal if any impact on surrounding properties. Planning Commission Recommendation: Following a duly advertised public hearing on August 7, 2007, the Commission voted unanimously (5-0) to recommend approval of the request subject to Staff s recommended conditions including a change to Special Condition #6d pertaining to removal of waste fluids and materials. The motion to recommend approval also included changes to Special Conditions #6d and #6e pertaining to storage of equipment and materials as recommended by Staff. Staff agrees with the Commission s recommended change to Special Condition #6d and has incorporated the change into the list of recommended conditions. Staff Recommendation: Staff recommends that the request be approved for the following reasons: The conditional use is compatible with uses located on surrounding properties. Conditions are recommended to ensure further compatibility with surrounding properties and to protect the environment. A review period is provided to ensure continued compliance with the conditions and to carry out the provisions of the Zoning Ordinance. Board of Supervisor s Meeting Page 11 9/9/15/2008

Standard Conditions: 1. The Applicants shall consent to reasonable administrative inspections by Planning Department Staff for compliance with the requirements of this CUP. (Planning) 2. The Applicants shall sign the list of the adopted conditions for this CUP signifying acceptance and intent to comply with these conditions. (Planning) 3. Failure to comply with the conditions of this CUP may result in the issuance of a Notice of Violation (NOV) by the Zoning Administrator. The Zoning Administrator may present this CUP to the Board of Supervisors for revocation if the NOV is not resolved as directed. Upon issuance of a third NOV of the permit, and failure of the permit holder to appeal to the Board of Zoning Appeals, the Zoning Administrator shall present the CUP to the Board of Supervisors for revocation. (Planning) 4. This CUP is issued for a term of two (2) years from the date of approval by the Board of Supervisors. In order to request a continuation of the conditional use beyond the specified term, the Applicant(s) shall file an application for renewal within 120 days of the term expiration. (Planning) 5. Any land disturbance activity in excess of 10,000 square feet shall require a land disturbance permit. (MSWCD) Special Conditions: 1. This conditional use permit (CUP) shall be granted to Kirby & Nancy Williams, the Applicants, and shall not be transferable and shall not run with the land. (Planning) 2. The address numbers need to be a minimum of ten (10) inches in height; reflective and located so they are highly visible from both directions on Route 13. (Public Safety) 3. The issuance of a VDOT Land Use Permit is required prior to any construction activity within the right-of-way limits of Old Buckingham Road. The Virginia Department of Transportation (VDOT) requires that a commercial entrance be provided onto Old Buckingham Road, Route 13. This entrance shall be paved to the right-of-way line a sufficient thickness to support the vehicular traffic using this access. Adequate intersection sight distance must be obtained at the proposed access onto VDOT maintained roads and shown on the plans. Any necessary sight distance easements must be recorded and shown on the plans. (VDOT) 4. The commercial landscaping operation shall substantially comply with the site sketch, Detail of C.U.P. area (dated 5/30/2007), and no activities associated with the CUP shall be conducted outside of the area shown on this sketch. (Planning) Board of Supervisor s Meeting Page 12 9/9/15/2008

5. The 100 buffer along the eastern property line shall remain in a natural, undisturbed state throughout the life of the CUP with the exception of removing dead trees. (Planning) 6. This conditional use shall operate under the following limitations: a. Hours of operation shall be 7:00AM-6:00PM Monday through Friday, and 7:00AM-12:00PM on Saturday. There shall be no business activities conducted on Sundays. b. A maximum of six (6) employees shall be permitted. c. Business vehicles shall be limited to three (3) dump trucks and two (2) pick-up trucks. Parking of employee vehicles and business vehicles shall be limited to the parking area shown on the site sketch referenced in Special Condition #4. d. Equipment shall be limited to two (2) tractors, two (2) loaders, two (2) track hoes, and one (1) chipper. Equipment shall be stored either in the metal building or the gravel parking area shown in the CUP area on the site sketch referenced in Special Condition #4. Equipment maintenance shall be conducted by the equipment manufacturer. Removal and proper disposal of waste fluid and products shall be the responsibility of the Applicants. e. Materials to be stored on the property shall be limited to gravel, topsoil, drainpipe, straw, seed, fertilizer, and mulch. Material storage shall be limited to the area designated on the site sketch referenced in Special Condition #4 or within the metal building. (Planning) Mr. Stidham said that the applicant and his agent, Woody Cofer, were present to answer any questions. Mr. Bise opened the Public Hearing. As no one wished to speak, Mr. Bise closed the Public Hearing. Mr. Daniel said that he had visited this site and that it was a nice setup and very secluded. Mr. Daniel moved to approve 07-06-CUP. This motion is based upon the public necessity, convenience, general welfare and good zoning practice. Messrs. Bise, Holland, Cosby, Daniel and Hatcher voted AYE. VOTE 5 0 MOTION CARRIED Board of Supervisor s Meeting Page 13 9/9/15/2008

E. 07-07-CUP, Robert F. & Susan W. Salsitz (Bethesda Electoral District) request a conditional use permit (CUP) for a private kennel to house a maximum of eight (8) chickens in the R-2 Residential District per 8.9(8) of the Zoning Ordinance. The Comprehensive Plan designates the subject property as Low Density Residential (Future Land Use Plan Map) in a Rural Preservation Area (Land Use Policy Map). The subject property is 3.4 acres in size and is located at 3110 Greywalls Drive. Reference to Tax Map Parcel #18B (1) I2. Mr. Stidham presented the following: Issue: The Applicant requests a conditional use permit (CUP) for a private kennel on a 3.4 acre parcel zoned R-2 Residential per 8.9(8) of the Powhatan County Zoning Ordinance. Facts: Mr. and Mrs. Salsitz currently house eight (8) Bantam chickens at their residence. This was brought to the Planning Department s attention in May 2007 via anonymous telephone complaint. Following Planning Staff s inspection on May 10, Mr. and Mrs. Salsitz were issued a Notice of Violation for housing chickens on a R-2 Residential zoned parcel per 8.2 of the Zoning Ordinance. 8.2 is the list of permitted uses in the R-2 District. The keeping of livestock is not listed among the permitted uses; therefore it is a prohibited use. Mrs. Salsitz promptly contacted the Planning Department stating that she was unaware that the keeping of chickens on property was not allowed. During the review of this violation Staff noted that while the Zoning Ordinance does not allow chickens as a permitted use in the R-2 District, Mr. and Mrs. Salsitz would be eligible to apply for a Conditional Use Permit for a private kennel to house five (5) or more chickens per 8.9(8) of the Zoning Ordinance. A kennel is defined in 44.1 as follows: Any building, or premises, or both where five (5) or more dogs, cats, fowl, domestic animals or pets over the age of six (6) months are kept, boarded, maintained or cared for overnight, for commercial or private purposes. A private kennel is defined in 44.1 as follows: A kennel where animals are kept principally for purposes of show, hunting, farming or as household pets on the premises of the kennel. Staff met with Mrs. Salsitz and informed her that the only way to keep the chickens on the property would be to obtain a CUP for a private kennel. She stated that she has been keeping the chickens on the property for three years and considers them as pets. She also stated that the chickens are confined at all times within an enclosed fenced area attached to an outbuilding acting as a chicken coop located on the property, and that she has no Board of Supervisor s Meeting Page 14 9/9/15/2008

intentions of adding additional chickens in the future. She filed a CUP application on June 1, 2007. The Site Plan (prepared by Woodrow K. Cofer dated May 30, 2007) shows a single family dwelling with a detached building having wire fencing around two sides. Mrs. Salsitz stated that the chickens are housed within the outbuilding and are allowed outside only within the fenced area through openings in the wall of the structure for exercise. During the CUP inspection, Staff observed that the Applicants currently have no immediate neighbors. The adjacent parcel to the north is vacant and the parcel to the south is separated by Fine Creek, which is also currently vacant. The closest dwelling, which is currently under construction, is located approximately 800 feet from the subject property. The Foundry Golf Course is located on both east and west sides of the subject property. The subject property is heavily landscaped with both natural and planted vegetation providing screening on three sides of the property. Greywalls Drive runs along the front of the property. Staff noted that there were no noxious odors or excessive noises being generated from the property which would compare or exceed to the keeping of a five (5) or more dogs defined as a private kennel. Comprehensive Plan: The subject property is designated as Low Density Residential on the Future Land Use Map and in a Rural Preservation Area on the Land Use Policy Map. The Plan does not provide specific guidance in dealing with private kennels as accessory to a residential use. Such uses must be reviewed on a case basis to determine compatibility. As with most CUPs, conditions can be imposed to make a requested use more compatible with surrounding properties. A discussion of these conditions is included later in this report. Comments from Reviewing Agencies and Departments: Health: Jack Watts (Virginia Department of Health) made no adverse comments regarding this request. (July 2, 2007) Drainage and Erosion: Keith Burgess (Monacan Soil & Water Conservation District) made no adverse comments on this request. (July 10, 2007) Transportation: Boris Solomonov (Virginia Department of Transportation) made the following comments on this request. (July 17, 2007) Board of Supervisor s Meeting Page 15 9/9/15/2008

This request is for a CUP for a private kennel to house chickens located at 3110 Greywalls Drive. The information included with this request does not provide specific information necessary to determine the traffic volumes generated, however it is deemed acceptable by VDOT s considered judgment that this activity will not have any impact on existing VDOT maintained facilities. As a result, this office has no comments regarding this request. Public Safety: Pat Schoeffel (Powhatan County Fire Department) made no adverse comments regarding this request. (June 26, 2007) Building Department: Kevin Zoll (Powhatan County Building Department) made no adverse comments regarding this request at this time. (July 13, 2007) Public Utilities: No comments were received from utilities reviewing agencies. Schools: No comments were received from Powhatan County Public Schools. Other County Departments: No comments were received from other County departments. Comments from Adjoining Property Owners: As of this writing, Staff has received several inquiries regarding this request along with numerous letters both in support and in opposition to this request. Opposition letters cite the following concerns: (1) Noise associated with the roosters living on the subject property, and (2) The potential negative effect on the marketability and value of the homes within Greywalls residential neighborhood. Six citizens spoke on the case at the Commission s August 7, 2007 public hearing two citizens in favor and four in opposition to the request. Those in opposition also cited noise and potential negative effect on property values as grounds for their positions. Staff Comments: In reviewing past CUP cases, Staff could find no precedent for approving or denying a CUP request to house chickens on a residentially zoned parcel of land. The keeping of chickens in a residential zoning district is not a permitted use under the current Powhatan County Zoning Ordinance. However, as stated above, a property owner may apply for a Conditional Use Permit for a private kennel to keep five (5) or more fowl under the current definition of a kennel. Board of Supervisor s Meeting Page 16 9/9/15/2008

Staff reviewed Article 29 of the Zoning Ordinance for guidance on compatibility with surrounding properties. 29.1.2. states: c. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. The conditional use, its lighting, hours of operation, noise, height, or numbers of employees will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor diminish and impair property values within the neighborhood. It is Staff s position that the keeping of the chickens on the subject property in this case would not impede adjoining property owners from being able to use their properties as permitted under the R-2 Residential Zoning District. Staff did not find evidence to show that the keeping of chickens diminishes or impairs property values within the neighborhood more so than a property owner having five (5) or more dogs, cats, domestic animals or pets over the age of six (6) months. During the recent site visit, there were no noxious odors or excessive noise being generated from the property that would not normally be associated with the noise level of a single dog barking. Staff has included conditions associated with this CUP request which are similar in nature as to the conditions placed on previous private kennel requests for dogs. The Applicant has eight (8) chickens living on the property. Special Condition #2 has been included to restrict the number of fowl on the property between five (5) and eight (8). If the number of chickens living on the property falls below five (5), this use no longer would qualify as a private kennel, and the remaining chickens would have to be removed from the property. Mrs. Salsitz has stated that she does not intend to add any more chickens in the future and understands this requirement. Special Condition #3 and #4 have been added to address the noise. Limiting the hours that the chickens can be kept outdoors will lessen the possibility of the crowing becoming a nuisance. Several citizens, both at the Commission public hearing and via letters, have expressed the concern of the property values within the subdivision being affected by the animals. As stated above, Staff does not feel that housing chickens affects the property value more so than allowing five (5) or more dogs, cats, or other domestic animals living on a property. Furthermore, Staff has obtained a copy of the restrictive covenants for Greywalls subdivision. The covenants state that no cattle, hogs, or goats are allowed on any lot, nor shall any noxious or offensive trade or activity which shall become an annoyance or nuisance to a good residential neighborhood. The covenants do not specifically mention chickens or fowl. Again, there were no noxious odors nor excessive noise being generated from the property. One issue that arose during the Planning Commission meeting dealt with whether Staff was correctly applying the Zoning Ordinance as it pertains to livestock being kept as Board of Supervisor s Meeting Page 17 9/9/15/2008

pets. The Zoning Ordinance does not have a definition for the terms chicken, fowl, or pet. Livestock however is defined as: Domesticated animals normally kept for use on a farm or raised for sale or profit, such as pigs, sheep, cattle, goats, chickens, and horses. The definition of agriculture also refers to the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to poultry and poultry products; live stock. Planning Staff receives numerous complaints from property owners in residential districts regarding neighbors keeping livestock, including chickens. Staff has relied on the definitions of livestock and agriculture to differentiate between domesticated pets, such as dogs and cats, and domesticated farm animals in responding to these complaints and initiating enforcement actions. It was suggested by some Commission members that Staff should look to whether the animals are being kept purely for personal use as pets or whether they are being kept for consumption or resale. If the latter argument is taken, Staff s enforcement responsibility not only would consist of proving that a property owner is keeping livestock, but Staff would also have to prove that the property owner is keeping the animals for personal consumption or resale. This interpretation would make it extremely difficult for Staff to initiate valid enforcement actions. Staff has recommended that the Commission discuss this issue in a future workshop meeting. Planning Commission Recommendation: Following a duly advertised public hearing on August 7, 2007, Commission voted unanimously (5-0) to recommend approval of the request subject to Staff s recommended conditions with a change to Special Condition #4 regarding to the hours that the chickens can be kept outside, and removal of language in Special Condition #2 prohibiting the adding of new chickens. Based on comments from the Applicant, the Commission recommends allowing the chickens to be kept outdoors from 7:00AM to 7:00PM instead of 8:00AM to 8:00PM. The Commission also decided not to recommend inclusion of Staff s language that would have prohibited chickens from being replaced as they are sold or die. Staff has no objection to the Commission s recommended changes, and they have been incorporated into the list of Special Conditions. Staff Recommendation: Staff recommends approval of this conditional use permit request (07-07-CUP) based upon the following reasons and subject to the following conditions: In the event the number of chickens falls below five (5) the use is no longer allowable and the remaining chickens will have to be removed from the property. Board of Supervisor s Meeting Page 18 9/9/15/2008

A review period is recommended to assure continued compliance with the conditions. Staff has included a list of conditions to ensure the private kennel remains in compliance. Standard Conditions: 1. The Applicant shall consent to reasonable administrative inspection by Planning Department Staff for compliance with the requirements of this CUP. (Planning) 2. The Applicants shall sign the list of the adopted conditions for this CUP signifying acceptance and intent to comply with these conditions. (Planning) 3. Failure to comply with the conditions of this CUP may result in the issuance of a Notice of Violation (NOV) by the Zoning Administrator. The Zoning Administrator may present this CUP to the Board of Supervisors for revocation if the NOV is not resolved as directed. Upon issuance of a third NOV of the permit, and failure of the permit holder to appeal to the Board of Zoning Appeals, the Zoning Administrator shall present the CUP to the Board of Supervisors for revocation. (Planning) 4. This CUP is issued for a term of two (2) years from the date of approval by the Board of Supervisors. In order to request a continuation of the conditional use beyond the specified term, the Applicant(s) shall file an application for renewal within 120 days of the term expiration. (Planning) 5. Any land disturbance activity in excess of 10,000 square feet shall require a land disturbance permit. (MSWCD) Special Conditions: 1. The conditional use permit (CUP) shall be granted to Robert and Susan Salsitz, the Applicants, and shall not be transferable and shall not run with the land. (Planning) 2. The CUP is for a private kennel to keep a maximum of eight (8) and a minimum of five (5) chickens on the property. In the event that the number of chickens should drop below five (5), the remaining four (4) animals shall be removed from the property and the CUP will terminate and be null and void. (Planning) 3. The chickens shall be confined to the outbuilding and fenced area as noted on the Site Plan prepared by Woodrow K. Cofer dated May 30, 2007. The integrity and appearance of the outbuilding shall be maintained throughout the duration of CUP. (Planning) 4. The animals shall be confined inside the outbuilding during the hours of 7:00 p.m. to 7:00 a.m. unless being transported off of the property. (Planning) Board of Supervisor s Meeting Page 19 9/9/15/2008

5. All waste material generated by the chickens shall be removed and disposed of properly on a regular basis in order to keep the yard reasonably free of noxious odor. (Planning) Mr. Stidham said that the applicants were present to answer any questions. Mr. Bise asked the applicants if they wished to speak. Robert Salsitz said that they purchased the 3.5 acre property in 1999 because they thought it was quiet and that they would have privacy. He said that they moved into their home in 2004. He said that they built a $15,000 chicken coop that was approved by the Greywalls covenants and architectural review board. He said that they moved to Powhatan for the country atmosphere of the farm and forest environment. He said that they received a registered letter stating that a complaint had been made on their pet chickens. He said that his wife has named all the chickens and that they are her pets. He said that his wife has shed tears over this and that she has been harassed for the past four months. He said that Mr. Beltz wrote a letter to all the neighbors except for them. He said that he wanted to respond to some of the complaints that he wrote in his letter. He said that Mr. Beltz said that he lived 500 feet from his home and that it is actually 1,035 feet and that he thought he was the closest neighbor. He said that the Beltz family built their home after they were settled and that the chickens were already there. He said that the Mr. Beltz was concerned about reducing the property values in the neighborhood and that his home has increased 30% since he moved into Greywalls and that he could not believe that his neighbors have not experienced the same inflation in their house prices. He said that they have all paid the increased taxes. He said that Reeds Landing and their developer have more at stake than anyone because they still have a lot of lots to sell and that they fully backed us on the chickens. He said that their builder has used their home as an example of his work and he has not lost any sales because of the chickens. He said that he would like to read them something out of a letter that Mr. Beltz wrote. When investing in Powhatan s Greywalls, we placed our trust and confidence that both Greywalls and Powhatan County would offer an undisturbed quality of life. Mr. Salsitz said that he agrees with him, but that their interpretation of a quality of life is much different in this beautiful farm and country environment. He said that he was sorry that this request has taken up so much time and that he thanked the recommendation of the Planning Commission and the County Staff. Mr. Cosby said that he met with the applicants a couple of weeks ago and that he really appreciates her interest in the chickens. He said that their place was immaculate. He said that the contributions she makes to the community as she serves as a dental hygienist for the free clinic in Goochland County and some other things. He said that he visited a majority of the citizens in the Greywalls Subdivision in the last several days and I do not have anybody yet that has talked him out of supporting the applicants in keeping of the chickens. He said that he does question exactly how we are handling this on a Board zoning conditional use permit method. He said that he thought he needed further time to get with the rest of the citizens there and that our Planning Staff and County Attorney to make sure we are handling this in a proper manner not because of what they have but the new citizens that move into that subdivision in the future. He questions having a kennel Board of Supervisor s Meeting Page 20 9/9/15/2008

in a residential subdivision and that we already have a whole lot in dog kennels. He said that we have not had any complaints per the Zoning Administrator, but we are laying it wide open. He said that he knew it was hard on the applicants to defer this for another thirty days, but he needed a little time to try and bring everybody together on this. He said that he assured Mrs. Salsitz on the phone that he supported them. He said that if this is deferred tonight, another public hearing would be held, if the Board does support him in deferring this tonight. Mr. Bise opened the Public Hearing. As no one wished to speak, Mr. Bise closed the Public Hearing. Mr. Salsitz said that has been a member of the Girls and Boys Club Board for about twelve years and that he is very active in the fund raiser that is going on at this time. He said that a big auction is being held on October 15 and that he would not be available for the meeting. Mr. Holland told Mr. Cosby that he would go along with him to change the date if he wanted to accommodate the applicant. Mr. Cosby said that he supported the applicants any way he can. He said whatever the majority of the Board agreed on. He said that they wanted to let everyone make their comments before the motion was made. He said that Mrs. Salsitz does not want to postpone this, but that he needed that time. He said that the next meeting would be held on November 8, 2007 and he asked the applicants if that date would be ok. Mr. Salsitz said yes sir. Mr. Cosby moved to defer this request until their November 8, 2007 meeting with a public hearing on what the Planning Department recommends. He said that he appreciates their patience. Mr. Hatcher said that he would support Mr. Cosby s motion but that right now the applicants are in compliance with what we have from Planning and that we have been approving the Conditional Use Permits when they are in compliance. He said that he thought the only way the people in the subdivision would be happy would be to remove the chickens completely. He said that the applicants have done what is necessary to comply with what the County has. Messrs. Bise, Holland, Cosby, Daniel and Hatcher voted AYE to Mr. Cosby s motion. VOTE 5 0 MOTION CARRIED Board of Supervisor s Meeting Page 21 9/9/15/2008

There being no further business, Mr. Hatcher moved to adjourn at 7:45 p.m. Messrs. Bise, Holland, Cosby, Daniel and Hatcher voted AYE. VOTE 5 0 MOTION CARRIED T. J. BISE, CHAIRMAN CAROLYN L. CIOS, CLERK POWHATAN COUNTY POWHATAN COUNTY BOARD OF SUPERVISORS BOARD OF SUPERVISORS FRANCES G. POORE, DEPUTY CLERK POWHATAN COUNTY BOARD OF SUPERVISORS Board of Supervisor s Meeting Page 22 9/9/15/2008