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11SN0102CASE MANAGER: Michael Janosik ,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ October 27, 2010 B S STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 11 SNO 102 Debra C. Osterbind and Ronnie Osterbind Matoaca Magisterial District 15725 North Rhodes Lane RE VEST: Conditional use to allow a business (commercial kennel) to operate incidental to a dwelling. PROPOSED LAND USE: A commercial kennel incidental to a dwelling has operated on the subject property since 1990, as originally approved by the Board of Zoning Appeals (Case 90AN0143) and as renewed July 1, 1992 and July 7, 2000 (Cases 92AR0146 and OOAR0231). The current applicants plan to 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 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. CONDITIONS NOTED "STAFFICPC" 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 Debra C. and Ronnie Osterbind, 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 (30) dogs and ten (10) cats. (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 proposed structures as shown on the plan prepared by Debra C. Osterbind dated August 3, 2010. (P) GENERAL INFORMATION Location: The subject property is located on the south line of North Rhodes Lane, southwest of Woodpecker Road, and better known as 15725 North Rhodes Lane. Tax IDs 773-629-1310; 773-631-0109 and 2701. Existing Zoning: Agricultural (A) with Special Exception Size: 34.5 acres Existing Land Use: Single-family residential and vacant 2 11SN0102-OCT27-BOS-RPT Adjacent Zoning and Land Use: North, South, East and West - A; Single-family residential or vacant T TTTT ,TTTF,C Private well and septic system ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Matoaca Fire Station, Company Number 8, and Ettrick-Matoaca Volunteer Rescue Squad currently provide fire protection and Emergency Medical Service (EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation: This request will have minimal impact on these facilities. Virginia Department of Transportation (VDOT): Commercial customer traffic would require use of a commercial entrance. A low volume type commercial entrance may be an option. Sight distance shall be provided for any commercial entrance, including any necessary sight distance easements, based on the posted speed limit. If adequate on street parking is provided and only foot traffic to the residence (including incidental business) can be accommodated, then provision of the commercial entrance may be avoided. T,ANn TT~F, Comprehensive Plan: The subject property is located within the boundaries of the Southern and Western Area Plan, which suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. 3 11SN0102-OCT27-BOS-RPT 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. Zonin H.~rX: On April 4, 1990, the Board of Zoning Appeals approved a special exception to operate a commercial kennel on the subject property (90AN0143), incidental to the residential use. This request was approved for a one (1) year period for ten (10) dogs and expired in 1991. On July 1,1992 the Board of Zoning Appeals approved a renewal of case 90AN0143, which allowed the continuation of a commercial kennel (92AR0164). The renewal was granted for a seven (7) year period for thirty (30) dogs and expired in 1999. On June 7, 2000 the Board of Zoning Appeals approved a renewal of case 92AR0164 which allowed the continuation of a commercial kennel (OOAR0231). The renewal was granted for ten (10) year period for thirty (3 0) dogs and ten (10) cats with an addition to the existing structure for the additional dogs and a separate building for the cats. Since that time, the Zoning Ordinance has been amended to require businesses operated incidental to dwelling units to obtain conditional use approval. The applicants wish to continue operating a commercial kennel incidental to the residential use. Planning Department has received no complaints relative to this use since 1989. Therefore, staff believes that the previously approved conditions have proven to help mitigate any adverse impact that this operation may have on the area in general. Uses: The conditional use request was allowed under prior special exception approvals to continue. Proffered conditions would continue to limit the boarding kennel to the applicants only (Proffered Condition 1) and would restrict the kennel to thirty (3 0) dogs and ten (10) cats (Proffered Condition 2). Site Design: The boarding kennel would continue to be operated from the existing structure as identified on the attached plan (Exhibit A). Previously, an addition to the existing structure and a utility building was permitted to accommodate this use. Proffered Condition 6 would limit any additional run areas or structures except those that are shown on the attached plan (Exhibit A). Also, Proffered Condition 3 requires the areas associated with the keeping of animals to be kept clean to eliminate odors and the proliferation of insects. 4 11SN0102-OCT27-BOS-RPT 51: Conditions previously approved by the Board of Zoning Appeals permit one (1) sign measuring two (2) square feet in area to identify this business. The applicants have offered, with Proffered Condition 4, one (1) sign measuring one (1) square foot in area. CONCLUSION This request represents the continuation of a use conditionally permitted since 1990. Conditions proffered by the applicants are consistent with, or more restrictive than, those currently in effect. If this were a new request, staff would not be supportive given that the Plan suggests that this property is appropriate for residential use of 1-5 acre lots (suited to R-88 zoning). This, however, is a renewal of a previously approved special exception that has been operating for twenty (20) years. After consideration of public input, should the Commission and Board wish to approve this renewal, acceptance of the proffered conditions would be appropriate. CASE HISTORY Planning Commission Meeting (9/21/10): The applicant accepted the recommendation. There was no opposition present. 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, October 27, 2010 beginning at 6:30 p.m., will take under consideration this request. 5 11SN0102-OCT27-BOS-RPT ~ ~ J ~~ ~ 1 ~ ~ ~^ / ., ~ ~~ ~ i f 1 ~ -- / ~ .~ f J Q 1 0 i !-, E N Q \y 11. ~ . - / ~ I / ~ ~ ~ ~- ~ 1 ~ ~r1 ~ ~ ~ ~ ~ ~~ ~ ~ 1 r `~ ~ ~ ~ ~ . ~ ~ ~ ~ r.~:::::~::~ :::::::::::::::::::::::::::::::::~ :'~ ~ ::u :::::::::::::::::::::::::::::::::::::...: r I :::;: / J ~ ::::: ~ / ::::: r ~ ~ ~ ~ ~~ L ~ `,i S a ~~ 0 Q ~ ~ -~ _ , o 1 W ~~ ~ Z (A N ~ ~ °o ~ ~ N 1 1 I ~ ~ o N o O ~ O ~ o Z o N r r _ '.,s i.