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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0226
Felicia & Randy Hall, Jr.
Matoaca Magisterial District
North line of River Road
RE VEST:
~i1~1° 1 S x(11(1 rpr
July 28, 2010 BS
Conditional use to allow a business (commercial kennel) operated incidental to a
dwelling.
PROPOSED LAND USE:
A commercial kennel incidental to a dwelling has been operated on the subject
property since 2003, as originally approved by the Board of Zoning Appeals (Case
03AN0260) and renewed by the Board of Supervisors (Case 06SR0289). The
current applicants plan to purchase the property from the original applicants and
continue operation of a commercial kennel incidental to a dwelling, necessitating a
new conditional use.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
A commercial kennel was originally permitted by a special exception in 2003 and a conditional use
in 2006. After consideration of public input, should the Commission and Board wish to approve this
request, acceptance of the proffered conditions would be appropriate.
(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.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
(STAFF/CPC) 1. The Conditional Use shall be granted to and for Felicia and Randy
Hall, Jr., exclusively, and shall not be transferable nor 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 fifteen (15) dogs and five (5) cats. (P)
(STAFF/CPC) 3. A maximum of two (2) employees other than the applicants shall
be engaged in the operation. (P)
(STAFF/CPC) 4. The area in which the dogs are allowed to run shall be cleaned on a
regular basis so as to eliminate odors and the proliferation of
insects. 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) 5. One (1) sign shall be permitted at the entrance and shall not exceed
four (4) square feet. (P)
(STAFF/CPC) 6. No additional run areas, structures or fenced areas other than those
existing areas and structures as shown on the plan prepared by
Balzer and Associates dated May 25, 2006 shall be constructed to
. P
accommo ate t is use. ( )
(STAFF/CPC) 7. Within sixty (60) days from the date the Board of Supervisors'
approval this request, forty-five (45) feet of right-of way along the
north side of River Road, measured from the centerline of that part
of River Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the County of
Chesterfield. (T)
GENERAL INFORMATION
Location:
North line of River Road, known as 17420 River Road, west of Epps Falls Road. Tax IDs
706-644-2244 and 3551.
Existing Zoning:
Agricultural (A) with Conditional Use
2 10SN0226 JUL28-BOS-RPT
Size:
6.0 acres
Existin Land Use:
Single family residential and commercial
Adjacent Zoning and Land Use:
North, South, East and West - A; Single-family residential or vacant
1 ITTT ,TTTF,~
Public Water and Wastewater Systems:
Both the public water system and wastewater system are not available to serve this site.
The existing structure is served by a private will and septic system. While use of the
public water and wastewater systems is required by County Code for structures
authorized by conditional use granted after June 23, 1993 within the Rural Conservation
Area of the Southern and Western Area Plan; exception is granted if the use is incidental
to the principal use that was previously allowed with a septic system as proposed with
this case. Renewal of this conditional use with the continued use of a private well and
septic system will not adversely impact the future ability to serve this or any adjacent site
by an extension of the public water and/or wastewater system. Use of the public water
and wastewater system will not be required.
Private Well and Septic System:
The Health Department must approve any new well and septic system or expanded use of
any existing well and septic system. Preliminary comments from the Health Department
indicate support for this renewal as limited by proffered conditions.
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southwest via tributaries to the Appomattox River. There are no
known on- or off site drainage and erosion problems and none are anticipated after
development.
Water ua 1
The property is bisected by a perennial stream and, as such, is subject to a 100 foot
conservation area. The plans submitted with the application show the approximate location
of the Resource Protection Area (RPA) that appears to be based on a wetlands delineation.
3 10SN0226 JUL28-BOS-RPT
Proffered Condition 6 limits the use to the existing areas and structures; therefore, this
request will have no greater impact on this environmental feature.
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station, Company Number 19, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
In July 2006, the Board of Supervisors approved renewal of a conditional use to allow a
commercial kennel incidental to a dwelling on the property for Raymond and Cynthia
Casella (Case 06SR0289). As part of that approval, the Board accepted a proffered
condition that included right-of way dedication along River Road. This request will
provide the same right-of way dedication along River Road (Proffered Condition 7).
This request will have a minimal impact on the existing transportation network.
Virginia Department of Transportation (VDOT):
The Virginia Department of Transportation (VDOT) understands that there is a change of
operator but not of operations, e.g., that the existing operations will continue unchanged.
Therefore, VDOT has no comments on this request. Should the existing operations
expand, a commercial entrance may then be necessary.
T,ANT~ TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Southern and Western Area
Plan, which designates the property as part of the Rural Conservation Area where activities
should be limited to primarily agricultural and forestal uses with isolated single-family
residences permitted on lots larger than five (5) acres.
Area Development Trends:
Area properties are zoned Agricultural (A) and are occupied by single-family residential
uses on larger acreage parcels or are vacant. The Plan anticipates residential development on
these larger acreage parcels continuing in the area, with any planned development deferred
unless adequate public facilities are provided.
4 10SN0226 JUL28-BOS-RPT
Zoning History:
On May 7, 2003, the Board of Zoning Appeals approved a special exception for Ray Casella
to operate a business (commercial kennel) incidental to a dwelling unit (Case 03AN0260)
subj ect to several conditions.
On July 26, 2006, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the Casella's renewal of this business (commercial kennel)
incidental to a dwelling unit as a conditional use (06SR0289). Conditions, in part, limited
the use to the applicants, not to be transferable nor run with the land.
Uses:
Proffered conditions would restrict the operation of the boarding kennel limited to the
keeping of fifteen (15) dogs and five (5) cats at any one time (Proffered Condition 2). This
represents a reduction in the thirty (30) animals permitted under the existing conditional use.
Proffered Conditions 1 and 3 limit the operation to the applicants and two (2) employees,
consistent with current restrictions.
Site Design:
The kennel has been and would continue to be operated from an existing structure on the
property identified as existing garage on Exhibit A (Proffered Condition 6). This proffer
prohibits the construction of additional structures and fenced areas to accommodate this use;
therefore, the use would be confined to the existing improvements.
Proffered Condition 4 requires the areas associated with the keeping of animals to be kept
clean to eliminate odors and the proliferation of insects.
51:
Current conditions permit one (1) sign measuring four (4) square feet in area to identify
this business. The applicants propose to retain this sign condition (Proffered Condition
5). Consistent with Ordinance limitations for a home occupation business in a single
family residence, staff maintains the position taken with the 2006 case that such signage
should be restricted to one (1) square foot in area.
CONCLUSION
This request represents the continuation of use permitted since 2003. Conditions proffered by the
applicants are consistent with, or more restrictive than, those currently in effect. If this was a new
request, staff would not be supportive given that the Plan suggests, as part of a rural conservation
area, uses should be limited to agricultural and forestal uses and residences on larger acreage parcels
until such time as adequate public facilities are provided. This application, however, represents a
change in applicant/operator for a previously granted Conditional Use.
5 10SN0226 JUL28-BOS-RPT
After consideration of public input, should the Commission and Board wish to approve this request,
acceptance of the proffered conditions would be appropriate.
CASE HISTORY
Planning Commission Meeting (6/15/10):
The applicant accepted the recommendation. There was no opposition present.
Mr. Bass stated the use had been previously approved by the Board of Zoning Appeals
and the Board of Supervisors with no complaints; and that the current operator was
reducing the number of boarded animals.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
The Board of Supervisors, on Wednesday, July 28, 2010, beginning at 6:30 p.m., will take under
consideration this request.
6 10SN0226 JUL28-BOS-RPT
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