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16SN0579 CASE NUMBER: 16SN0579 APPLICANT: Lance Randal Campbell and Shannon Evelyn Campbell CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: DALE 8400 Belmont Rd AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: MARCH 9, 2016 BOS Time Remaining: 365 DAYS Applicant’s Contact: LANCE RANDAL CAMPBELL (804-421-1500) SHANNON EVELYN CAMPBELL (804-921-5600) Planning Department Case Manager: I DARLA ORR (804-717-6533) APPLICANTS’ REQUEST Conditional use to permit a business (commercial kennel) incidental to a dwelling in an Agricultural (A) District Operation of a commercial kennel including dogtraining, boarding and breeding is planned for a maximum of six (6) dogs, exclusive of the applicants’ dogs. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions and an exhibit are located in Attachments 1 and 2. RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (2/16/2016) RECOMMEND APPROVAL Given the size of the request property and its proximity to area single family residential use, there are likely no conditions that would fully mitigate the impact of dog keeping on the request property. However, staff recognizes the applicants could STAFF maintain a private kennel use on the property, due to its Agricultural zoning, with no limitations. Comparatively, the commercial kennel use, limited in size and scope, would likely have no greater impact on surrounding properties and may be appropriate on an interim basis. Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 216SN0579-2016MAR9-BOS-RPT 316SN0579-2016MAR9-BOS-RPT Map 2: Comprehensive Plan Classification: INDUSTRIAL The designation suggests the property is appropriate for moderate to intense manufacturing uses generally dependent upon processing of raw materials and that normally have outside storage areas. Map 3: Surrounding Land Uses & Development Single family residential use on larger acreage parcels Belmont Rd 416SN0579-2016MAR9-BOS-RPT PLANNING Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov PROPOSAL The Zoning Ordinance permits the keeping of dogs in an Agricultural (A) District as a private kennel, with no restrictions on the size of the parcel and the number of dogs allowed, nor the size and number of kennel buildings and outside dog runs. The applicants plan to operate a commercial kennel to permit breeding, boarding and dog training incidental to their dwelling. The Ordinance defines a commercial kennel as a facility where dogs are kept for boarding, breeding, care, grooming, sale or other purposes for commercial gain. With this request, conditions are recommended which would assist in mitigating the impact of the proposed use on the area: General Overview Requirements Details Approval for applicants only for three (3) years Limited Approval and Time Approval not transferrable with land Limitation Proffered Condition 1 Use only permitted incidental to the dwelling Commercial kennel for a maximum of 6 dogs, exclusive Use Limitations of the applicants dogs Only light inventory permitted Proffered Conditions2 and 10 Maximum of 2 Outside Employees Proffered Condition 3 Proper cleaning and disposal of waste required Maintenance of Kennel and Runs Proffered Condition 4 1 sign permitted (maximum 1 square ft. in area and 2 ft. Signs tall) Proffered Condition 5 Only 1 building permitted; maximum of 360 square feet Kennel Building No additions to kennel building or dwelling permitted Proffered Condition 6 and Exhibit A Building setback min 30 feet from side and rear property lines Setbacks and Landscaping Setbacks supplemented with evergreen plantings to assist in mitigating impact on adjacent properties Proffered Condition 7 Dogs kept on a leash or within enclosed building Runs will be enclosed with solid walls Dog Keeping and Training Dogs not permitted within runs between 9 pm and 6 am Training by appointment only between 9 am and 4 pm Proffered Condition 8 Sufficient on-site parking required Parking Proffered Condition 9 516SN0579-2016MAR9-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station Dale Fire Station, Company Number 11 EMS Facility Dale Fire Station, Company Number 11 This request will have minimal impact on fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov To date, no comments received. 616SN0579-2016MAR9-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Theproposal will not impact the public water and wastewater systems. Water and Wastewater Systems Currently Size of Existing LineConnection Required by County Code? Serviced? Water Yes 8”Yes Wastewater No 27”No HEALTH DEPARTMENT Staff Contact: Richard D. Michniak(804-748-1695) Richard.Michniak@vdh.virginia.gov The Health Department must approve any new or expanded use of an individual septic system. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Stormwater Issue Discussion/Conditions Property is located within the Falling Creek Watershed. Geography Drains to an existing privately owned pond and then to Licking Creek. If greater than 2500 square feet of total land disturbance is proposed Stormwater with the construction of the kennel, a land disturbance permit will be Management required. In addition, water quality and quantity may be required during site plan review. 716SN0579-2016MAR9-BOS-RPT CASE HISTORY Applicant Submittals 12/7/2015 Application submitted Planning Commission Meeting 2/16/2016 Citizen Comments A representative of an adjacent property owner opposed request, noting concern with proximity of proposed kennel building to home; additional traffic; and potential impact on area property values Applicant’s Comments Maximum of six dogs; limitation on square footage of fully enclosed kennel; and, business is by appointment only Commission Discussion Applicants will continue to reside on property Current Agricultural (A) zoning permits unlimited number of dogs for private use Conditions minimize impacts on area residential uses Recommendation: APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Jackson Second: Sloan AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, March 9, 2016, beginning at 6:30 p.m., will consider this request. 816SN0579-2016MAR9-BOS-RPT ATTACHMENT 1 CONDITIONS Note: “STAFF/CPC” – Recommended by both staff and Planning Commission (STAFF/CPC)1.The Conditional Use shall be granted to and for Lance Campbell and/or Shannon Campbell, exclusively, and shall not be transferable or run with the land. Such approval shall be granted for three (3) years from the date of approval. (P) (STAFF/CPC)2. TheConditional Use shall be limited to the operation of a commercial kennel (including boarding, training and breeding) incidental to the dwelling for a maximum of six (6) dogs, exclusive of the owners’ dogs, at any one time. (P) (STAFF/CPC) 3. A maximum of two (2) employees other than the applicants and family members that reside in the home shall be engaged in the operation at any one time. (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 on a regular basis so as to eliminate odors and the proliferation of insects. All solid animal waste shall be 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 with a maximum height of two (2) feet and shall not be illuminated. (P) (STAFF/CPC) 6. One (1) building associated with the commercial kennel shall be permitted. Such building shall not exceed a maximum of 360 square feet and shall be located generally as shown on Exhibit A, dated January 27, 2016. No other buildings nor additions or alterations shall be permitted to this building or the dwelling to accommodate this use. (P) (STAFF/CPC) 7. The kennel building shall be setback a minimum of thirty (30) feet from side and rear property lines. Vegetation within this setback shall be maintained and supplemented with evergreen plantings to assist in mitigating the impact of the kennel on adjacent properties. Within sixty (60) days of the approval of this request, the applicant shall submit a landscaping plan to the Planning Department for review and approval. Landscaping shall be installed in accordance with the approved plan within sixty (60) days of the approval of such landscaping plan. (P) 916SN0579-2016MAR9-BOS-RPT (STAFF/CPC)8. Dogs must be kept on a leash or within the enclosed structure and/or runs at all times. Runs for dogs shall be enclosed with solid walls. 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. Training of dogs shall be permitted to occur by appointment each day between the hours of 9:00 a.m. and 4:00 p.m. (P) (STAFF/CPC)9. Sufficient on-site parking shall be provided so as to preclude on-street parking to accommodate this use. (P) (STAFF/CPC) 10. No commodity shall be stored or sold on the premises except for light inventory. (P) 1016SN0579-2016MAR9-BOS-RPT ATTACHMENT 2 EXHIBIT A January 27, 2016 1116SN0579-2016MAR9-BOS-RPT