11SN0105CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0105
Elizabeth B. Dunham
Clover Hill Magisterial District
1020 South Providence Road
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November 17, 2010 B S
RE VEST: Conditional use to permit a business (commercial kennel) incidental to a dwelling in
an Agricultural (A) District
PROPOSED LAND USE:
A commercial kennel incidental to the dwelling has been operated on the request
property since 1991 without the requisite conditional use. Continued operation of the
commercial kennel is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2 AND 3.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The kennel has operated on the property since 1991 without any apparent adverse
impact on area properties. As conditioned, the kennel would be compatible with area
residential development.
B. Through the conditional use process and the imposition of the recommended
conditions, the residential character of the area will be maintained.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(STAFF/CPC) 1. The conditional use shall be granted to Raymond and Elizabeth
Dunham exclusively and shall not be transferred or run with the
land. (P)
(STAFF/CPC) 2. There shall be no employees permitted to work on the premises
other than family member employees that live on the premises. (P)
(STAFF/CPC) 3. The conditional use shall be limited to the operation of a
commercial breeding kennel for a maximum of twenty-five (25)
dogs. (P)
(STAFF/CPC) 4. The outside run areas and pens shall not be located closer to the
public road than the front building line of the principal dwelling.
The outside run areas and all other areas associated with the
keeping of animals shall be cleaned on a regular basis to eliminate
odors and the proliferation of insects. (P)
(STAFF/CPC) 5. The commercial kennel use within the dwelling shall be located in
a maximum total area of 3 00 square feet. (P)
(STAFF/CPC) 6. No commodity shall be stored or sold on the premises except for
light inventory. (P)
(STAFF/CPC) 7. No more than one (1) vehicle and one (1) single axle trailer not
exceeding thirteen (13) feet in length and 3,200 pounds used in
conjunction with the commercial kennel shall be parked on the
premises. No equipment shall be stored outside the dwelling or
accessory structure that would indicate that a business is being
conducted on the site except for equipment stored on the vehicle or
trailer used in conjunction with the business. The vehicle and
equipment for the use shall be parked on the premises, but a trailer
must be parked, except for loading or unloading, either in the rear
year or so that its view is screened from adjacent properties or
public roads. (P)
(STAFF/CPC) 8. No assembly or group instruction shall be permitted. A maximum
of two (2) clients shall be permitted on the property at any one (1)
time. (P)
(STAFF/CPC) 9. There shall be no exterior additions or alterations to the existing
dwelling to accommodate the use, other than the existing outside
runs. (P)
2 11SN0105-NOV17-BOS-RPT
(STAFF/CPC) 10. Only one (1) sign to identify the commercial kennel shall be
permitted provided such sign does not exceed one (1) square foot
in area and shall not be illuminated. (P)
GENERAL INFORMATION
T ,n~ati nn
The subj ect property fronts the north line of South Providence Road, west of Elkhardt Road,
and is better known as 1020 South Providence Road. Tax ID 757-700-9161.
Existing Zoning:
A
Size:
2.3 acres
Existin Land Use:
Single-family residential and commercial kennel
Adjacent Zoning and Land Use:
North and East - A and R-7; Single-family residential or vacant
South - A; Single-family residential or vacant
West - A; Public/semi-public (golf course), single-family residential or vacant
T TTTT TTTFC
Public Water and Wastewater S,, std:
This site is currently connected to public water and wastewater. This request will not
impact the public utilities systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have a minimal impact on these facilities.
3 11SN0105-NOV17-BOS-RPT
PUBLIC FACILITIES
Fire ~ervice~
The Wagstaff Fire Station, Company Number 10, and Forest View 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 a minimal impact on the existing transportation network. The
Thoroughfare Plan identifies South Providence Road as a major arterial with a
recommended right-of way width of ninety (90) feet. When asked, the applicant was
unwilling to dedicate right-of way forty-five (45) feet from the centerline of South
Providence Road in accordance with the Thorou hfare Plan.
Virginia Department of Transportation (VDOT):
The presence of 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 parking accommodation may be
provided on street, and only foot traffic to the residence (including incidental business)
can be accommodated, then provision of the commercial entrance maybe avoided.
T .ANTI T 1CF.
Comprehensive Plan:
The subject property is located within the boundaries of the Eastern Midlothian Plan, which
suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per
acre.
Area Development Trends:
Except for one (1) lot adj acent to the northeast corner of the request property which is zoned
residentially and occupied by single-family residential use within the Solar I subdivision,
properties surrounding the request property are zoned Agricultural (A) and are occupied by
single-family residential use on acreage parcels, the Providence Golf Course or are vacant.
It is anticipated that single-family residential use will continue in the area at densities
suggested by the Plan.
Use
The applicant indicates that she and her husband have operated a kennel, Pocodox Kennel,
on the property since 1991. The Zoning Ordinance permits the keeping of an unlimited
4 11SN0105-NOV17-BOS-RPT
number of dogs in an Agricultural (A) District as a private kennel. The Ordinance defines a
commercial kennel as a facility where dogs are kept for boarding, breeding, care, grooming,
sale or other purpose for commercial gain. The applicant states that their kennel use is
limited to breeding of their show quality miniature dachshunds and does not include
boarding, care, grooming or sale of any dogs other than their own. However, since the
applicants sell their puppies (from usually no more than two (2) litters a year according to
the applicant) for commercial gain, the use is considered a commercial kennel use which
requires approval of a conditional use to operate.
Recommended conditions would restrict the operation of the breeding kennel to the keeping
of twenty-five (25) dogs (Condition 3). Conditions 1 and 2 would limit the operation to the
applicant and her husband exclusively and would not allow employees other than family
member employees that live in the home.
According to the applicant, the majority of their customer contact is at dog shows and by
appointment only. Condition 8 would prohibit assembly or group instruction on the request
property and allow a maximum of two (2) clients on the property at any one time. This is
the same restriction for home occupations in an Agricultural (A) District.
Development Standards:
The kennel has been operated and would continue to be operated incidental to the existing
dwelling. Recommended conditions would require the use to meet restrictions equal to or
exceeding standards for a home occupation in an Agricultural (A) District. Condition 5
limits the commercial kennel use to be located within a maximum total area of 300 square
feet within the dwelling (which is consistent with the existing use). This maximum area is
approximately fourteen (14) percent of the floor of the dwelling which is a smaller area
than the twenty-five (25) percent of floor area permitted for a home occupation use.
Condition 9 would prohibit additional exterior additions or alterations to accommodate
the use and Condition 6 would permit only light inventory to be stored or sold on the
request property.
Since the keeping of an unlimited number of dogs is permitted by-right in an Agricultural
(A) District as a private kennel, outside run areas would be permitted on the request
property even if this conditional use to permit the commercial breeding kennel is not
approved. However, in order to further insure that the residential character of the property
is maintained, Condition 4 would not permit outside run areas and pens to be located
closer to South Providence Road than the front building line of the principal dwelling. In
addition, the outside run areas and all other areas associated with the keeping of animals
would be required to be cleaned on a regular basis to eliminate odors and the proliferation
of insects. (Condition 4)
In keeping with limitations for home occupations in an Agricultural (A) District,
Condition 7 would limit vehicles permitted for the commercial kennel use to one (1)
vehicle and one (1) single axle trailer, would prohibit outside equipment storage and limit
parking for the vehicle and/or trailer.
5 11SN0105-NOV17-BOS-RPT
51:
Only one (1) sign with a maximum area of one (1) square foot would be permitted to
identify the commercial kennel (Condition 10). Such sign shall not be illuminated.
(Condition 10)
CONCLUSION
The kennel has operated on the property since 1991 without any apparent adverse impact on area
properties. Conditions are recommended which meet or exceed standards for home occupations
in an Agricultural (A) District. As conditioned, the kennel would be compatible with area
residential development and the residential character of the area will be maintained.
Given the foregoing, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/ 19/ 10)
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Bass, the Commission recommended
approval subj ect to the conditions on pages 2 and 3 .
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, November 17, 2010 beginning at 6:30 p.m., will take
under consideration this request.
6 11SN0105-NOV17-BOS-RPT
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