06SR0289-June26�a 2n 2nnA ODr
July 26, 2006 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SR0289
Ray J. Casella
Matoaca Magisterial District
North line of River Road
REQUEST: Renewal of Conditional Use (Case 03AN0260) to allow a business (commercial
kennel) operated incidental to a dwelling unit.
PROPOSED LAND USE:
In addition to the single family residential use, the applicant plans to continue
operation of a commercial kennel that was previously approved to operate on this
property (Case 03 SN0260).
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
A commercial kennel was originally permitted by a Special Exception in 2003. After consideration
of public input, should the Commission and Board wish to approve this request, acceptance pP q P ce of the
proffered conditions would be appropriate except that Proffered Condition 5 should not be acce
pted
since the proffer would permit a larger sign than typically approved for businesses operated
incidental to a dwelling.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFE
R CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
Providing a FIRST CHOICE community through excellence in public service
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY TH
E PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) I. The Conditional Use shall be ranted to and for
� Raymond and
Cynthia Casella, exclusively, and shall not be transferable nor 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 and ten (10) cats. (P)
(STAFF/CPC) 3. A maximum of two (2) employees other than the applicants shall
be engaged in the operation. (P)
(STAFF/CPC) 4. 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)
(CPC) 5. One (1) sign shall be permitted at the entrance and shall not exceed
four (4) square feet. (P)
(STAFF/CPC) 6. No additional run areas, structures or fenced areas other than those
existing areas and structures as shown on the plan prepared by
Balzer and Associates dated May 25, 2006 shall be constructed to
accommodate this use. (P)
(STAFF/CPC) 7. Within sixty (60) days from the date the Board of Supervisors
approves the Conditional Use request, forty-five (45) feet of right-
of-way along the North side of River Road, measured from the
centerline of that part of River Road immediately adjacent to the
property, shall be dedicated, free and unrestricted, to and for the
County of Chesterfield. (T)
GENERAL INFORMATION
North line of River Road, west of Epps Falls Road. Tax IDs 706-644-2244 and 3551 (Sheet
31).
Existin Zoning:
Agricultural (A) with Conditional Use
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Size:
f .o acres
Existin and Use:
Single family residential and commercial
Adjacent Zonina and Land Use:
North, South, East and West - A; Single family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
Both the public water system and wastewater system are not available to serve this site.
The existing structure is served by a private well and septic system. While use of the
public water and wastewater systems is required by County Code for structures
authorized by Conditional Use granted after June 23, 1993 within the Rural Conservation
Area of the Southern and Western Area Plan; exception is granted if the use is incidental
to the principal use that was previously allowed with a septic system as proposed with
this case. (County Code Section: 18-64(a)(4)). Renewal of this Conditional Use, with the
continued use of a private well and septic system, will not adversely impact the future
ability to serve this or any adjacent site by an extension of the public water and/or
wastewater system. Use of the public water and wastewater systems will not be required.
Private Well and S e tic S stem :
The Health Department must approve any new well and septic stem or expanded use P Y p of
any existing well and septic system.
ENVIRONMENTAL
The property drains to the southwest via tributaries to the Appomattox River. There e are no known
on- or off -site drainage and erosion problems and none are anticipated after development.
p p
The proposed property is bisected by a perennial stream and, as such is subject
a to a 100 foot
conservation area. The plans submitted with the application show the approximate location
pp of the
RPA that appears to be based on a wetlands delineation.
Proffered Condition 6 limits the use to the existing areas and structures; therefore this request wl l l
have no greater impact on the environmental feature.
3 06SR0289 JULY26-BOS
PUBLIC FACILITIES
Fire Service:
The Airport Fire Station, Company Number 15, currently provides fire protection and
emergency medical service (EMS). This request will have minimal impact on fire and
EMS.
Trans ortation :
The property is located on the north side of River Road just west of Eppes Falls Road.
The applicant is requesting renewal of a conditional use (03AN0260) to operate a
commercial kennel incidental to a dwelling. This request will have the same impact on
the transportation network as the previously approved Special Exception.
River Road is classified as a major arterial on the county's Thoroughfare Plan with a
recommended right-of-way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right-of-way along River Road adjacent to the property,
measured from the centerline of the road, in accordance with that Plan. (Proffered
Condition 12)
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and western Area Plan, which designates the
property as part of the Rural Conservation Area where activities are limited to primarily
agricultural and forestal uses with isolated single family residences permitted on larger
acreage parcels.
P g
Area Development Trends:
Area properties are zoned Agricultural (A) and are occupied by single family residential
uses on larger acreage parcels or are vacant. The Plan anticipates residential development
on these larger parcels continuing in the area as planned development is suggested to be
deferred for twenty (20) years unless adequate public facilities are provided.
Zonina History:
On May 7, 2003, the Board of Zoning Appeals approved a Special Exception for Ray
Casella to operate a business (commercial kennel) incidental to a dwelling unit (Case
03AN0260) subject to number of conditions.
4 06SR0289 JULY26-BOS
Uses:
With the approval of Case 03AN0260, the use was limited to and for Ray Casella only.
This proposal seeks to also allow the applicant's wife to operate the business (Proffered
Condition 1). Previously, the use was limited to the operation of a boarding kennel for a
maximum of twenty (20) dogs and ten (10) cats with no employees other than the applicant
engaged in the operation. This request would allow the same kennel operation for twenty
(20) dogs and ten (10) cats with a maximum of two (2) employees as well as the applicant.
(Proffered Conditions 2 and 3). Case 03AN0260 was granted for a three (3) year period.
The applicant is requesting to be allowed to continue to operate the business with no time
limit.
Site Design.
Previously, an 1,800 square foot boarding structure was permitted in addition to existing
fenced areas to accommodate the use. This boarding structure has not been built. The
kennel has operated from an existing structure on the property identified as existinggarage
e g
on Exhibit A. Proffered Condition 6 prohibits the construction of additional structures and
fenced areas to accommodate this use; therefore, the use would be confined to the existing
improvements.
Proffered Condition 4 requires the areas associated with the keeping of animals to be kept
p
clean to eliminate odors and the proliferation of insects.
Si na e:
No signage other than a one (1) square foot sign as allowed by the Ordinance was permitted
with approval of Case 03AN0260. The applicant is proposing one (1) sign up to four (4)
square feet (Proffered Condition 5). Staff suggests that this proffered condition not be
accepted because it exceeds the one (1) square foot sign typically allowed with a home
occupation and which has been approved for businesses operated incidental to a dwelling.
CONCLUSION
Business use was originally permitted by a Special Exception in 2003. If this were a new request,
staff would not be supportive because the property is located in the rural conservation area of the
Southern and Western Area Plan where the Plan suggests uses should be limited to agricultural and
forestal uses and residences on larger acreage parcels with other development deferred for twenty
y
(20) years, until such time as adequate public facilities are provided. This, however, is a renewal of
a previously granted Conditional Use.
After consideration of public input, should the Commission and Board wish to approve this renewal
pp ,
acceptance of the proffered conditions would be appropriate except that Proffered Condition S
should not be accepted since the proffer would permit a larger signtypically approved than t icall a roved for
businesses operated incidental to a dwelling.
5 06SR0289 JULY26-BOS
CASE HISTORY
Planning Commission Meeting (6/20/06):
The applicant did not accept staff s recommendation but did accept the Planning
Commission's recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval
and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 26, 2006, beginning at 7: oo p.m., will take under
consideration this request.
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