12SN0104CASE MANAGER: Darla Orr
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0104
Richard Smith
Bermuda Magisterial District
13500 Jefferson Davis Highway
October 26, 2011 B S
RE VEST: Conditional use approval and amendment of zoning district map to permit an
animal shelter in a Community Business (C-3) District.
PROPOSED LAND USE:
An animal rescue shelter is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 1 AND 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed land use conforms to the Southern Jefferson Davis Corridor Plan,
which suggests the property is appropriate for community commercial/mixed use
corn or uses.
B. The proposed land use is representative of and compatible with existing and
anticipated area development.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. This conditional use shall be granted to Richard Smith, exclusively,
and shall not be transferred or run with the land. (P)
Providing a FIRST CHOICE community through excellence in public service
(STAFF/CPC) 2. This conditional use shall be limited to the operation of a rescue
shelter for a maximum of forty (40) cats. (P)
(STAFF/CPC) 3. All areas associated with the keeping of animals shall be cleaned
on a regular basis to eliminate odors and the proliferation of
insects. (P)
GENERAL INFORMATION
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The request property is located on the west line of Jefferson Davis Highway, south of Old
Bermuda Hundred Road and better known as 13500 Jefferson Davis Highway. Tax ID 799-
649-Part of 5172.
Existing Zoning:
C-3
Size:
0.5 acre
Existin Land Use:
Commercial (ceramic shop)
Adjacent Zoning and Land Use:
North, South, East and West - C-3; Commercial, residential (manufactured home park) or
vacant
T TTTT TTTFC
Public Water System:
The request site is located within the Dutch Gap/Bermuda water pressure zone. There is a
six (6) inch water line extending along the northern property line of the site. An additional
eight (8) inch water line extends along the eastern side of Jefferson Davis Highway, adjacent
to the site. Connection to the public water system is required by County Code for any new
structures.
2 12SN0104-OCT26-BOS-RPT
Public Wastewater S,, sue:
The site is located within the Ashton Creek sewer service area. There is an eight (8) inch
wastewater line that extends along Executive Drive, approximately 700 feet north of the
request site. There is an additional eight (8) inch wastewater line extending from Forest
Lake Road, approximately 1300 feet from the request site. Connection to the public
wastewater system is not required by County Code.
Health Department:
The Health Department must approve the use of any new or expanded individual septic
system to serve the proposed use.
ENVIRONMENTAL; FIRE AND COUNTY TRANSPORTATION
This request will have a minimal impact on these facilities.
Virginia Department of Transportation (VDOT):
VDOT notes that the existing entrance to the site will remain unchanged. Any construction
that is proposed is to be beyond the right-of way along the Route 1/301 corridor.
T,ANn TIFF.
Current Comprehensive Plan:
The subject property is located
within the boundaries of the Southern Jefferson Davis
Corridor Plan, which suggests the property
corridor uses which include
including shopping centers, service
areas.
commercial/mixed use
is appropriate for community
community-scale commercial uses,
and office uses that serve community-wide trade
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Regional Corridor." This proposed land use designation encourages vertically and
horizontally integrated mix of residential, office, public, open space and commercial uses. It
should be noted that the revised draft plan is pending review by the Planning Commission,
has not been approved, and does not provide land use guidance for the subject property at
this time. As of the date of this report, the Commission has not forwarded a recommendation
regarding the revised draft plan to the Board of Supervisors. Additionally, the Board has not
reviewed the revised draft plan, nor has the Board taken any action on the revised draft plan
to date. The recommendations of the revised draft plan are provided for reference purposes
only.
3 12SN0104-OCT26-BOS-RPT
Area Development Trends:
Surrounding property is zoned commercial and is occupied by commercial use, residential
use (manufactured home park) or is vacant. It is anticipated that commercial uses will
continue in the area as suggested by the Plan.
Use:
A rescue shelter for cats, known as Smitty's Cat House, has operated on a portion of the
larger property (Tax ID 799-649-5172), which includes the subject property, since
November 2004 without any apparent adverse impacts on area properties. The applicant
plans to relocate the use from a mobile trailer located on that larger adjacent property to
an existing block building on the request property.
The proposed rescue shelter's operation and land use impacts are similar to that of a
commercial kennel. A commercial kennel is defined by the Zoning Ordinance as "a
facility where dogs are kept for boarding, breeding, care, grooming, sale or other purpose
for commercial gain." The animal rescue shelter provides boarding and care for cats until
they are adopted; however, the animals are not sold or bred and there is no commercial
gain. The shelter operates as anon-profit organization and donations are accepted to
assist with the animals' care. Commercial kennels are permitted as a by right use in a
Community Commercial (C-3) District. while very similar in character to a commercial
kennel, an animal shelter is a use not specifically enumerated in the Zoning Ordinance;
thereby requiring conditional use approval.
Recommended conditions would limit approval to the applicant only and would limit the
use to the keeping of a maximum of forty (40) cats. (Conditions 1 and 2)
Development Standards:
The animal shelter is planned within an existing concrete block building. The request
property is located with an Emerging Growth District area. Any new development on the
property to accommodate this use would be subject to the Zoning Ordinance regulations for
commercial development within an Emerging Growth District Area which address access,
landscaping, setbacks, parking, signs, buffers, utilities and screening. The purpose of the
Emerging Growth District standards is to promote high quality, well-designed projects.
Condition 3 would require the applicant to clean all areas associated with the keeping of
animals on a regular basis to eliminate odors and the proliferation of insects.
CONCLUSION
The proposed land use has operated for approximately seven (7) years on an adjacent portion of the
larger property, which includes the subject property, without any apparent adverse impacts. The
applicant proposes to relocate the rescue shelter from a mobile trailer to an existing concrete
building.
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The proposed rescue shelter's operation and land use impacts are similar to that of a commercial
kennel, which is a permitted C-3 use. The animal shelter use would be no more intense than a
commercial kennel use and conforms to the recommendations of the Southern Jefferson Davis
Corridor Plan, which suggests the property is appropriate for community commercial/mixed use
corridor uses. In addition, the proposed land use is representative of, and compatible with,
existing and anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/20/1 l ):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval subj ect to the conditions on pages 1 and 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, October 26, 2011 beginning at 6:30 p.m., will take
under consideration this request.
5 12SN0104-OCT26-BOS-RPT
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