Loading...
12SN0160CASE MANAGER: Darla Orr February 22, 2012 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0160 Leif Josephsen Matoaca Magisterial District 11936 Winterpock Road REQUEST: Conditional use approval to permit a commercial kennel incidental to a dwelling in an Agricultural (A) District. PROPOSED LAND USE: A commercial (boarding) kennel incidental to a dwelling is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. (NOTE: IT IS IMPORTANT TO NOTE THAT PROFFERED CONDITION 6 WAS MODIFIED AND PROFFERED CONDITION 8 WAS ADDED SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE; BUT PRIOR TO PUBLIC ADVERTISEMENT. STAFF CONTINUES TO RECOMMEND APPROVAL OF THIS CASE AS OUTLINED IN THE STAFF RECOMMENDATION BELOW.) STAFF RECOMMENDATION Recommend approval for the following reasons: A. Given the size of the request property and restrictions on the size, scope and maintenance of the use, as outlined in the proffered conditions, the use should not adversely impact large-lot residential, agricultural and forestall uses in the area. B. With similar conditions, commercial kennels have been approved on similarly sized parcels without any apparent adverse impact. Providing a FIRST CHOICE community through excellence in public service (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. The Conditional Use shall be granted to and for Leif Josephsen and/or Michelle Josephsen, 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 twenty (20) dogs. (P) (STAFF/CPC) 3. A maximum of two (2) employees other than the applicant and family members that reside in the home shall be engaged in the operation. (P) (STAFF/CPC) 4. The area in which the dogs are allowed to run and areas associated with the keeping of the animals shall be cleaned and made free of waste daily so as to eliminate odors and the proliferation of insects. All solid animal waste shall be collected daily and stored in plastic containers with lids. Such container(s) shall be legally disposed of offsite at least once each month. (P) (STAFF/CPC) 5. 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) (CPC) 6. No additional run areas, structures or fenced areas other than those areas and structures as shown on Exhibit A, dated January 4, 2012 shall be constructed to accommodate this use. (P) (STAFF NOTE: PROFFERED CONDITION 6 WAS MODIFIED AFTER THE COMMISSION'S CONSIDERATION OF THIS CASE TO CORRECT THE DATE OF THE EXHIBIT. THE REVISED PROFFER IS NOTED WITH "STAFF" BELOW.) (STAFF) 6. No additional run areas, structures or fenced areas other than those areas and structures as shown on Exhibit A, dated February 1, 2012 shall be constructed to accommodate this use. (P) (STAFF/CPC) 7. Dogs must be kept on a leash or within the enclosed structure and/or runs at all times. No dogs shall be allowed in the outside run areas between 9:00 p.m. and 6:00 a.m. This curfew for use of the outside runs shall not prevent dogs from being walked outside as necessary during these hours. (P) 2 12SN0160-FEB22-BOS-RPT (STAFF NOTE: COMMISSION' S BELOW.) (STAFF) 8. Within twelve (12) months of the approval of this request, a minimum of a single row of Eastern Red Cedars, having a minimum height of six (6) feet at the time of planting and spaced ten (10) feet on center shall be installed along the eastern side of the outside run area. Such area is identified as the "Landscaped Area" on Exhibit A dated February 1, 2012. (P) GENERAL INFORMATION Location: The request property fronts the north line of Winterpock Road, east of Coalboro Road and is better known as 11936 Winterpock Road. Tax ID 712-650-3695. E~sting Zoning: A Size: 40 acres Existing Land Use: Single-family residential Adjacent Zoning and Land Use: North, South, East and West - A; Single-family residential on large acreage parcels or vacant UTILITIES Public Water and Wastewater Systems: This request will not impact these systems. Health Department: The request property is served by a private well and individual septic system. The Health Department must approve any new or expanded use of the individual septic system. PROFFERED CONDITION 8 WAS SUBMITTED AFTER THE CONSIDERATION OF THIS CASE AND IS NOTED WITH "STAFF" 3 12SN0160-FEB22-BOS-RPT ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. 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: The proposed additional development on the property will have a minimal impact on the existing transportation network. Virginia Department of Transportation (VDOT~: VDOT notes that a low volume commercial entrance, with adequate sight distances, shall be provided. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Southern and Western Area Plan, which designates the request property as part of the rural conservation area where agricultural and forestall uses are appropriate with other development deferred until there are adequate provision of public utilities. Draft Comprehensive Plan: The Revised Draft Comprehensive Plan (as recommended by the Chesterfield County Planning Commission on November 15, 2011) designates the subj ect property as part of a Countryside Area and Conservation/Recreation Area. These proposed land use designations encourage agricultural and low density residential uses that support a rural economy, and protection of environmentally sensitive and natural areas, including parklands where recreational uses and trails may be appropriate. It should be noted that the revised draft plan is pending review by the Board of Supervisors, has not been approved, and does not provide land use guidance for the subject property at this time. The recommendations of the revised draft plan are provided for informational purposes only. 4 12SN0160-FEB22-BOS-RPT Area Development Trends: The area is characterized by agricultural zoning and land uses, including open space, forestall uses and single-family residential use on large acreage parcels. It is anticipated that low density residential use, agricultural and forestall uses will continue in the area, as suggested by the Plan. Use Limitations: Operation of a boarding kennel for a maximum of twenty (20) dogs is proposed (Proffered Condition 2). Proffered Conditions would permit two (2) employees other than the applicant and family members that live in the home (Proffered Condition 3). To address questions from area property owners and the Matoaca District Planning Commissioner, Proffered Condition 7 would require dogs to be on a leash or within the enclosed structure and/or outside runs at all times, and would set a curfew so dogs will not be in the outside run area at night. (Proffered Condition 7) Proffered Condition 4 would require daily cleaning and waste removal from all areas where the dogs are kept so as to eliminate odors and proliferation of insects. To address concerns of the Matoaca District Planning Commissioner, Proffered Condition 4 would address waste storage and removal from the property. Proffered Condition 1 would limit approval to the applicant and his wife only and would not permit the conditional use approval to be transferred or to run with the land. Development Standards: Only one (1) sign with a maximum area of one (1) square foot would be permitted (Proffered Condition 5). This sign is the same size of one (1) that would be permitted by the Zoning Ordinance for any home occupation on area properties. The boarding kennel is planned within an existing barn structure. No additional run areas, structures or fenced areas other than the existing building and planned outside run area as shown on Exhibit A, dated February 1, 2012 would be permitted to accommodate the use. (Proffered Condition 6) To address concerns of an adjacent property owner relative to visibility of the kennel, Proffered Condition 8 would require landscaping to be installed along the eastern boundary of the outside run area as shown on Exhibit A. CONCLUSION Given the size of the request property (forty (40) acres) and proffered restrictions on the size, scope and maintenance of the use, the use should not adversely impact the low density (large-lot) residential, agricultural and forestall uses in the area. 5 12SN0160-FEB22-BOS-RPT Subject to similar conditions, commercial (boarding) kennels have been approved on similarly sized parcels without any apparent adverse impact. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (1/17/12): The applicant accepted the recommendation. There were opposition present expressing concerns relative to noise and decreased property values, and stating that the applicant agreed to plant trees on the eastern side of the kennel. The applicant confirmed he had agreed to landscape in the area. He added that this adjacent property was 600 feet from the proposed kennel. After a summary of the community meeting, Dr. Wallin clarified that current proffered conditions would limit the number of animals, require a waste removal plan, and establish a curfew for use of outside runs. He added that these proffers address concerns expressed by area property owners. On motion of Dr. Wallin, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on page 2 noted with "STAFF/CPC." AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. Applicant (2/1/12): Revisions to proffered conditions were submitted which modified Proffered Condition 6 and added Proffered Condition 8. The Board of Supervisors, on Wednesday, February 22, 2012 beginning at 6:30 p.m., will take under consideration this request. 6 12SN0160-FEB22-BOS-RPT Q Q _ _ ~ _ ~ Q ~ 0 - -_ ~-_ ~ _ , 0 . \ ~::~::::::: W :::~::::: F- :: \ ~ \ ::::. ~ r Q l~\ 2 I I ,. __ .. o~ ~n 0 Q 0 Q o ~ Z V ~ / ~ ~ a ~ 0 0 o , 0 ~: ~~~ _i o .. ;