09SN0162
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0162
Donald S. McCabe, Sr.
and
Bobbie S. McCabe
Bermuda Magisterial District
2100 Coxendale Road
May 27, 2009 B S
REQUEST: Conditional Use to permit a business (commercial kennel) operated incidental to a
dwelling.
PROPOSED LAND USE:
Continued operation of a commercial kennel is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval and acceptance of the proffered conditions, if after consideration of public
input, the Commission and Board determine that continuation of the use will not adversely
impact the area.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC) 1. The Conditional Use shall be granted to and for Donald R.
McCabe, Sr. or Bobbie S. McCabe, exclusively, and shall not be
transferable or run with the land. (P)
(STAFF/CPC) 2. The Conditional Use shall be limited to the operation of a boarding
kennel for a maximum of thirty-two (32) dogs. (P)
(STAFF/CPC) 3. Areas associated with the keeping of animals shall be cleaned and
made free of waste on a regular basis so as to eliminate odors and
the proliferation of insects. (P)
(STAFF/CPC) 4. One (1) sign shall be permitted to identify this use. Such sign shall
not exceed one (1) square foot in area and shall not be illuminated.
(P)
(STAFF/CPC) 5. Sufficient on-site parking shall be provided so as to preclude on-
streetparking to accommodate this use. (P)
(STAFF/CPC) 6. No additional run areas, structures or fenced areas shall be
constructed to accommodate this use other than those existing
areas and structures as shown on the plan prepared by Harvey L.
Parks, Inc. dated November 14, 2008. (P)
GENERAL INFORMATION
Location:
North line of Coxendale Road, east of I-95 and better known as 2100 Coxendale Road. Tax
ID 799-661-Part of 7476.
Existing Zonin
A
Size:
1.5 acres
Existing Land Use:
Single-family residential and Commercial (commercial kennel)
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Adjacent Zoning and Land Use:
North - A; Vacant
South and West - R-7 and A; Single-family Residential or vacant
East - A and I-3; Vacant
T T'rrr T'rrF c
Public Water Svstem:
The request site is within the Dutch GapBermuda Water Pressure Zone. There is a twelve
(12) inch water line extending along the south side of Coxendale Road within an easement
opposite the request site. This site is connected to the public water system.
Public Wastewater Svstem:
The request site is within the Proctors Creek Sewer Service Area. There is a forty-two
(42) inch wastewater trunk line extending along Proctors Creek approximately 1,170 feet
north of this site. The public wastewater system is not available to serve the request site.
To make the public wastewater system available to this site would require extending a
suitable sized sewer line from the existing trunk line, south across Route 288 by way of
boring, and onto the request site. Use of the public wastewater system is not required.
Health Department:
The existing improvements are connected to a private septic system. This request will
have no impact on the continued use of a private septic system. The Health Department
must approve any new septic system or expanded usage of any existing septic system to
serve this site.
ENVIRONMENTAL
The requested amendment will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station 14 currently provides fire protection and Bensley Bermuda
Volunteer Rescue Squad provides emergency medical service (EMS). This request will
have a minimal impact on Fire and EMS.
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Transportation:
This request will have a minimal impact on the existing transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the
property is appropriate for residential use of 2.51 to 4 units per acre.
Area Development Trends:
The area is characterized by vacant agricultural and industrial properties to the north and
east and by single-family residential development on acreage parcels and in Normandale
Terrace subdivision to the south and west. In addition, single-family residential
development is planned on vacant Residential (R-7) property to the west. It is anticipated
residential development will continue in this area as suggested by the Plan.
Zoning History:
On December2, 1998, the Board of Zoning Appeals approved a Special Exception to
operate a commercial kennel on the property (Case 99AN0161), incidental to the
residential use. This approval was for a two (2) year period.
On January 3, 2001, the Board of Zoning Appeals approved a renewal of Case
99AN0161, which allowed the continuation of the commercial kennel (Case OlAR0154).
The renewal was granted for an eight (8) year period and expired in January 2009.
The Zoning Ordinance has been amended to require businesses operated incidental to
dwelling units to obtain a Conditional Use permit. The applicant wishes to continue
operating a commercial kennel incidental to the residential use.
Uses:
The Conditional Use has been requested to allow the commercial kennel which was
allowed by prior Special Exceptions to continue. Conditions have been proffered, should
the Commission and Board wish to approve the Conditional Use, which would allow the
use to continue to operate as it has in the past (Proffered Conditions 1 through 6).
Specifically, among other things, conditions would restrict the operation to the applicants
and for a boarding kennel limited for the keeping of no more than thirty-two (32) dogs at
any one time.
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Development Standards:
Two (2) boarding structures as well as outside runs have been constructed to accommodate
the use. The kennel has operated from these facilities as identified on the accompanying
plan. Proffered Condition 6 prohibits the construction of additional structures and fenced
areas to accommodate this use; therefore, the use would be confined to the existing
improvements. Proffered conditions require the provision of sufficient on-site parking to
accommodate this use. (Proffered Condition 5)
Proffered Condition 3 requires the areas associated with the keeping of animals to be kept
clean to eliminate odors and the proliferation of insects and so that the use does not become
a potential health hazard.
Si~nage:
The Ordinance permits a sign, not to exceed one (1) square foot in area, for the purpose
of displaying the name of a home occupation or a business incidental to a residential use
provided the sign is not illuminated. (Proffered Condition 4)
CONCLUSION
Typically, Staff would not support this use because it does not comply with the Plan. However,
given that the use was approved through prior action, approval may be appropriate. If, after
consideration of public input, the Commission and Board determine that continuation of the use
will not adversely impact the area, approval and acceptance of the proffered conditions would be
appropriate.
CASE HISTORY
Planning Commission Meeting (4/21/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, May 27, 2009, beginning at 6:30 p.m., will take under
consideration this request.
09 SN0162-MAY27-BOS-RPT
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