12SN0237CASE MANAGER: Ryan Ramsey
.:: i3 i'f~L_
,i.
t,w_.h.-r:.1
~3
BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0237
Dogtopia Chesterfield
Midlothian Magisterial District
11004 Midlothian Turnpike
September 19, 2012 BS
REQUEST: Conditional use to permit an increase in the square footage of an outside run as part
of a commercial kennel in a Community Business (C-3) District.
PROPOSED LAND USE:
A commercial kennel with an outside run is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. Given the location of the request property and restrictions on the size, scope,
screening and maintenance of the use, as outlined in the proffered conditions, the
use should not adversely impact adjoining commercial uses in the area.
B. The proposed land use is representative of and compatible with existing and
anticipated area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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
PROFFERED CONDITIONS
(STAFF/CPC) 1. The Conditional Use approval shall be granted to and for Dogtopia
Chesterfield, exclusively, and shall not be transferable or run with the
land. (P)
(STAFF/CPC) 2. 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) 3. A six (6) foot fence shall be constructed around the perimeter of the
outside run for the commercial kennel. The fence shall be of post and
board construction. Elevations depicting the fence shall be submitted
to the Planning Department for review and approval in conjunction
with any site plan review or building permit review. (P)
(STAFF/CPC) 4. No additional run areas, structures or fenced areas other than those
areas and structures as shown on Exhibit A, dated July 18, 2012 shall
be constructed to accommodate this use. The outdoor run shall not
exceed 2,000 square feet. (P)
(STAFF/CPC) 5. No dogs shall be allowed in the outside run areas between 11:00 p.m.
and 6:00 a.m., barring emergencies. (P)
GENERAL INFORMATION
Location:
The request property is located off the north line of Midlothian Turnpike, west of Koger
Center Boulevard, and, is better known as 11004 Midlothian Turnpike. Tax ID 743-709-
8561.
Existing Zonin
C-3
Size:
1.4 acres
Existing Land Use:
Commercial
2 12SN0237-SEP19-BOS-RPT
Adjacent Zoning and Land Use:
North, South and West - C-3; Commercial
East - G5; Commercial
UTILITIES
Public Water System:
The existing structure located on the request site is currently connected to the public water
system. This request will not impact the public water system.
Public Wastewater Svstem:
The existing structure located on the request site is currently not connected to the public
wastewater system. The applicant intends to utilize an existing septic system on the request
site. The applicant has proffered to remove all solid animal wastes daily, and dispose of it
off-site. This request will not impact the public wastewater system.
Health Department:
The request property is served by an individual septic system. This request will have no
impact on these facilities.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Courthouse Fire Station, Company Number 20, 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 no impact on these facilities.
Vir ink is Department of Transportation VDOT~:
This request will have no impact on these facilities.
3 12SN0237-SEP19-BOS-RPT
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Hu~,uenot/Robious/Nlidlothian
Area Plan, which suggests the property is appropriate for regional mixed use.
Area Development Trends:
Properties to the north, south, east and west are zoned Community Business (C-3) and
General Business (C-5) and are occupied by retail, office and commercial land uses.
Chesterfield Marketplace shopping center is located to the north of the subject property. It is
anticipated that a mix of commercial, office and light industrial uses will continue in the
area as suggested by the Plan.
Zoning History:
On March 26, 1980, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning of a 2.6 acre tract (including the request
property) from Agricultural (A) to Community Business (C-3) (Case 80SN0026).
On September 25, 1996, the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved a conditional use planned development to
permit a second freestanding sign to identify uses within an existing commercial
development. (Case 97SN0112)
Development Standards:
The applicant proposes an outside run for a commercial kennel. The outside run area would
exceed ten (10) percent of the gross floor area of the building located on the subject
property. The Zoning Ordinance restricts outdoor runs for commercial kennels to be no
greater than ten (10) percent of the gross floor area of the principal use. The gross floor area
of the principal building is 6,400 square feet, limiting the outdoor run to 640 square feet in
area. The applicant proposes a 2,000 square foot outside run as an accessory use to the
commercial kennel.
The outdoor run will be constructed along the northern face of the existing building. No
additional run areas, structures or fenced areas other than the existing building and planned
outside run area as shown on Exhibit A, dated July 18, 2012 would be permitted to
accommodate the use. (Proffered Condition 4) Proffered Condition 3 would require the
applicant to erect a six (6) foot tall post onboard fence around the perimeter of the outdoor
run area.
4 12SN0237-SEP19-BOS-RPT
Use Limitations:
Proffered Condition 1 would limit approval to the applicant only and would not permit the
conditional use approval to be transferred or to run with the land.
Proffered Condition 2 would require daily cleaning and waste removal from all areas where
the dogs are kept so as to eliminate odors and proliferation of insects. This condition will
also address waste storage and removal from the property.
The applicant has also agreed to limit the time in which dogs are permitted to be in the
outdoor run area. Dogs will not be permitted access to the outdoor run from 11:00 PM to
6:00 AM, barring emergencies. (Proffered Condition 5)
CONCLUSION
Given the location of the request property and proffered restrictions related to the size, scope,
screening and maintenance of the use, the enlarged outside run should not adversely impact
adjoining commercial uses in the area. The applicant proposes an expansion of a permitted use,
which 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 (8/21/12):
The applicant accepted the recommendation. There was no opposition present.
Mr. Waller revised Proffered Condition 3 because the existing fence was not on the
subj ect property. The applicant agreed to the revision.
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, September 19, 2012 beginning at 6:30 p.m., will take
under consideration this request.
5 12SN0237-SEP19-BOS-RPT
1 ~ ~ U '~-
~ ~~ ~ 1 ~ 1
` ,` 1 ~ N 1
~. 1 N O 1
~~ ~ 1
~ ~ 1
1 ; U 1
U ~ 1
U ' ,
~~ ~ ~
~ ~~ ~ 1 1
ZI 1
o~ ~ ~
oI 1
I ~
i ~
~~~~ 1
~~~ CV ~
~~ ~gLV~ i ~~.~~.
-~~
~~~ ~~
`GAG i ~~ IJ1
U -(
`BOG ~ ' ~ N a
N '
1
U ' ~ ' ~
U ~ 1
Q '
J ~
U ~/1
Q ~
U N
~U
1
U 1
y
U ~
M
M
N
1
1
1
1
1
1
1
1
' yU
~ ' We
C
1 ~0a
1 ~ ~ -
~ ' ~
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
,~ N
• ~
12SN0237-1