Board narrowly approves Lucas rezoning; neighbors cite septic, flooding and conflict-of-interest concerns

The Botetourt County Board of Supervisors voted 4-1 on Oct. 11 to conditionally rezone 8.637 acres on Lamontown Road in the Blue Ridge magisterial district from low-density residential R-1 to agricultural A-1, permitting limited livestock as specified in applicant proffers.

Why it matters: The request lets the property owners keep livestock that are not allowed under the county’s small-lot/household-pet definitions (notably goats and other livestock). Neighbors told the board they fear environmental and property-value impacts and cited historical health-department rejections of septic permits on the parcels.

Planning staff said the two parcels total 8.637 acres and are served by a private water system (ACWA). Staff also said portions of the rear of the parcels lie in Flood Zone A and that the Department of Health had previously approved an alternative septic system for the house, allowing the residence to be built despite past conventional septic rejections.

Applicants Kendall and Kylie Lucas told the board they plan a modest hobby farm and have proffered limits: no mobile homes class A or B, no swine, and an overall cap of 10 livestock; a revised proffer specifically permits up to two cattle, two donkeys, up to 10 goats and up to 10 sheep, with the total livestock count not to exceed 10. Kendall Lucas said the family’s intent is primarily pets and small-scale keeping: “We are hoping that the construction will be done by the end of the year,” and that the rezoning “is to allow us to have a small personal hobby farm, mainly for the reason that we want goats as pets.”

Multiple neighbors opposed. Yvonne Lubosch said the parcels lie in natural drainage pathways that stand with water for days after heavy rain, raising water-quality and odor concerns. Mike Lubosch told the board that prior owner applications for development were repeatedly denied by the health department and offered documentation he said showed septic systems were unsuitable due to location and drainage. Rod Doty, whose property borders the parcel, said buyers of residential property should not rezone residential lots to agricultural uses because “they should have gone somewhere and bought an A-1 property, not bought residential property.”

Board discussion included questions about the alternative septic permit and the agricultural land-use tax status. Staff and the county representative clarified that the alternative septic system is approved for the house only and that the combined acreage is below the county threshold to qualify for agricultural land-use taxation.

Motion and vote: A motion to conditionally approve the A-1 rezoning, consistent with the planning commission recommendation and the applicants’ proffers, carried 4–1. The recorded vote tally in the transcript was given as 4 in favor and 1 opposed; individual supervisor vote names were not included in the transcript excerpt.

Key conditions: The proffers disallow mobile homes class A/B and swine, cap total livestock at 10 and specify per-species maximums (including two cattle and two donkeys) consistent with the applicants’ revised proffer text.

What’s next: With the rezoning approved, the applicants may proceed with their house construction and livestock plans subject to zoning limits and any health-department or building permits. Neighbors and board members indicated remaining concerns about drainage and the long-term suitability of livestock on the site.

Sources: Presentation and testimony at the Oct. 11 Botetourt County Board of Supervisors public hearing; planning staff presentation; applicants Kendall and Kylie Lucas; public comment by Yvonne Lubosch, Mike Lubosch, Steve Lubosch and Rod Doty.