14SN0554CASE MANAGER: Robert Clay
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BS Time Remaining:
267 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0554
Greg W. Meredith
Bermuda Magisterial District
2100 Coxendale Road
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August 27, 2014 BS
REQUEST: Conditional use to pernut a business (commercial kennel) incidental to a dwelling
unit in an Agricultural (A) District.
PROPOSED LAND USE:
A commercial kennel incidental to a dwelling has been operated on the subject
property since 1998, as originally approved by the Board of Zoning Appeals (Case
99AN0161) and renewed by the Board of Supervisors (Case 09SN0162). The
current applicant plans to purchase the property from the original applicants and
continue operation of a commerciallcennel 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
Recommend approval and acceptance of the proffered conditions if, after consideration of public
input, the Comnussion and Board deternune that continuation of the use will not adversely
impact the area.
(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.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
(STAFF/CPC) 1. The Conditional Use shall be granted to and for Greg W. Meredith,
exclusively, and shall not be transferable or nln with the land. (P)
(STAFF/CPC) 2. The Conditional Use shall be linuted to the operation of a boarding
kennel for a maximum of thirty-two (32) dogs. (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 pernutted 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-
street parking to accommodate this use. (P)
(STAFF/CPC) 6. No additional nln areas, strictures or fenced areas shall be
constricted to accommodate this use other than those existing
areas and strictures as shown on the plan prepared by Harvey L.
Parks, Inc. dated November 14, 2008. In addition, the commercial
kennel use shall be limited to the 1.46 acre area shown on the plan.
(P)
GENERAL INFORMATION
Location:
The request property is located along the north line of Coxendale Road, southeast line of
Route 288 and I-95 interchange and is better known as 2100 Coxendale Road. Tax ID 799-
661-7476.
Existing Zoning:
A with conditional use
Size:
24.6 acres
Existing Land Use:
Single-fanuly residential and Commercial (commerciallcennel)
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Adjacent Zoriin~ and Land Use:
North and East - A; Route 288/I-95 Interchange or single-fanuly residential
South - R-7 and A; Single-fanuly residential or vacant
West - R-7; Single-fanuly residential or vacant
UTILITIES
Public Water System:
There is a twelve (12) inch water line located along the south side of Coxendale Road. The
existing residential stricture is connected to the public water system.
Public Wastewater System:
The public wastewater system is not available to the request site.
Health Department:
The existing improvements are connected to a private septic system. The Health
Department must approve any new septic system or expanded usage of any existing
septic system to serve this site.
ENVIRONMENTAL
No comments.
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, and Bensley-Bermuda Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS).
This request will have a nunimal impact on Fire and EMS.
County Department of Transportation:
No comments.
Vir ink is Department of Transportation (VDOT~:
No comments.
LAND USE
Comprehensive Plan:
3 14SN0~~4-2014_~li G27-BOS-RPT
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the
property is appropriate for Residential use of 2.51 to 4 units per acre. The Plan also
indicates that higher intensity uses such as high density residential, community-scale
commercial, or professional/corporate office uses are appropriate if adequate land is
assembled to provide access to Route 1 without using internal residential streets.
Area Development Trends:
The area is characterized by vacant agricultural and industrial properties to the north and
east and by single-fanuly residential development on acreage parcels and in Normandale
Terrace Subdivision to the south and west. In addition, single-fanuly residential
development is planned on vacant Residential (R-7) property to the west. It is anticipated
residential development will continue in this area as suggested by the Plan.
Zoriing History:
On December 2, 1998 the Board of Zoning Appeals, approved a Special Exception to
operate a commercial kennel on the property (Case 99AN0161), incidental to the
residential use. This approval was for a two (2) year period.
On January 3, 2001 the Board of Zoning Appeals, approved a renewal of Case
99AN0161, which allowed the continuation of the commerciallcennel (Case O 1 AR0154).
The renewal was granted for an eight (8) year period and expired in January 2009.
The Zoning Ordinance was subsequently amended to require businesses operated
incidental to dwelling units to obtain a conditional use pernut.
On May 27, 2009 upon a recommendation of approval from the Planning Commission,
the Board of Supervisors approved a conditional use to pernut the continued operation of
a commercial kennel incidental to a dwelling (Case 09SN0162). This approval was
granted with no time limit but the use was restricted to the then-applicants (Donald R.
McCabe, Sr. and Bobbie S. McCabe).
Uses:
Proffered Conditions 1 and 2 would restrict the operation of the boarding kennel to the
applicant and for the keeping of no more than thirty-two (32) dogs at any one time, which is
consistent with current restrictions.
Site Design:
The kennel has been and would continue to be operated from two (2) boarding strictures as
well as outside nlns as identified on the accompanying plan. Proffered Condition 6 prohibits
the constriction of additional strictures and fenced areas to accommodate this use;
therefore, the use would be confined to the existing improvements. Proffered Condition 5
requires the provision of sufficient on-site parking to accommodate this use.
4 14SN0~~4-2014_~li G27-BOS-RPT
Proffered Condition 3 requires the areas associated with the keeping of animals to be kept
clean to elinunate odors and the proliferation of insects.
She:
Consistent with ordinance limitations for a home occupation business in asingle-family
residence, Proffered Condition 4 permits a sign, not to exceed one (1) square foot in area,
for the purpose of identifying this business.
CONCLUSION
This request represents the continuation of a use pernutted since 1998. Conditions proffered by the
applicant are consistent with those currently in effect. If this was a new request, staff would not be
supportive given that the Plan suggests uses should be linuted to residences. This application,
however, represents only a change in applicant/operator for a previously granted conditional use.
After consideration of public input, should the Commssion and Board wish to approve this request,
acceptance of the proffered conditions would be appropriate.
CASE HISTORY
Planning Commission Meeting (2/18/14):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Patton, seconded by Mr. Waller, the Commssion recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
Board of Supervisors Meeting (3/12/14):
On their own motion and with the applicant's consent, the Board deferred this case to
their Apri123, 2014 public hearing.
Staff (3/13/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 18, 2014, for consideration at the Board's April
23, 2014 public hearing.
14SN0~~4-2014_~li G27-BOS-RPT
Staff (3/26/14):
To date, no new information has been received.
Board of Supervisors Meeting (4/23/14):
On their own motion, the Board deferred this case to their May 28, 2014 public hearing.
Staff (4/24/14):
The applicant was advised in writing that any significant, new or revised information
should be subntted no later than Apri129, 2014 for consideration at the Board's May 28,
2014 public hearing.
Staff (4/30/14):
To date, no new information has been received.
Board of Supervisors Meeting (5/28/14):
On their own motion and with the applicant's consent, the Board deferred this case to
their June 25, 2014 public hearing.
Staff (5/29/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 2, 2014, for consideration at the Board's June 25,
2014 public hearing.
Staff (6/3/14):
To date, no new information has been received.
Ei 14SN0~~4-2014_~li G27-BC)S-RPT
Board of Supervisor's Meeting (6/25/14):
On their own motion, the Board deferred this case to their August 27, 2014 public
hearing.
Staff (6/26/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 30, 2014 for consideration at the Board's August
27, 2014 public hearing.
Staff (7/24/14):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, August 27, 2014 beginning at 6:30 p.m., will take
under consideration this request.
7 14SN0~~4-2014_~li G27-BOS-RPT
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14SN0554-1