PLN-USE-2021-012 Rufflections Pet Grooming - City of ...

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PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
Docket Item "D"       PLN-USE-2021-012
              Rufflections Pet Grooming
CITY COUNCIL PACKAGE FOR
AUGUST 17, 2021

    Page             Executive Summary
            1–2      Application Summary
            3–4      Planning Commission Draft July Minutes
            5 – 17   Staff Report: June 15, 2021
           15        Site Plan
           17        Aerial
           18        GIS Exhibit
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
City of Chesapeake
                                                                         Department of Planning
                                                                           Post Office Box 15225
                                                                          Chesapeake, VA 23328
                                                                                 (757) 382-6176
                                                              www.cityofchesapeake.net/planning

CITY COUNCIL EXECUTIVE SUMMARY AND UPDATE
                           PLN-USE-2021-012
                           Rufflections Pet Grooming

 VICINITY MAP

Project Proposal: A conditional use permit to operate a pet grooming salon as a Level
II Home Occupation.
Tax Map ID: 0102-001-000-280              Existing Zoning:       R-10s, Residential
                                          District
Property Address / Planning Area:         Existing   2035   Land    Use     Plan
3001 Brittany Way / Western Branch        Designation: Low-Density Residential
Applicant:                                Executive Summary and Update Date:
Crystal Jones                             July 15, 2021
Property Owners:                          Project Planner:
Crystal & Michael Jones                   Aaron Bell, Senior Planner
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
The applicant seeks approval of a conditional use permit to operate a pet grooming salon
as a Level II Home Occupation at 3001 Brittany Way in the Western Branch area of
Chesapeake. The pet grooming salon would be located inside the existing single-family
residence and does not propose using an accessory building or outdoor area for the
business. The applicant has stated that the pet grooming salon would operate by
appointment only and be limited to one customer at a time. The pet would be dropped off
to be groomed and notified when ready to be picked up. The applicant has proposed to
operate the business from 9:00 am. to 6:00 pm., Monday through Saturday, and the
applicant, who resides at the residence, would be the only employee.
The proposed conditional use is located in Brittany Woods, a single-family residential
neighborhood zoned R-10s, Residential District, in Western Branch. As the use does not
propose any outdoor area to be utilized for the business and the hours of operation
generally correspond with the time when people are generally at work.

                                                          The space occupied by a Level
                                                          II Home Occupation shall not
                                                          exceed twenty-five percent
                                                          (25%) of the gross floor area of
                                                          the residence. According to the
                                                          City Real Estate Assessor’s
                                                          record, the residence is
                                                          approximately 3,522 square
                                                          feet; thus, the proposed pet
                                                          grooming salon can occupy a
                                                          maximum of 880 square feet of
                                                          the residence and the applicant
                                                          proposes to utilize only 132
                                                          square feet of the residence.
                                                          The proposed use requires one
(1) parking space in addition to the two (2) that are required for the residence, and the
existing driveway accommodates four (4) vehicles.

The request was heard at the July 14, 2021, Planning Commission Public Hearing where
it was recommended for approval. The applicant was present to answer any questions
from the Commissioners, and the Commission discussion included questions of staff
regarding the number of customers allowed on site at one time.

No one spoke in in opposition to the project, and the Planning Commission voted
unanimously to recommend approval of the request.

Staff is not aware of any updates since Planning Commission and recommends approval
of this request as it is currently presented.

PREVIOUS STAFF REPORTS AND UPDATES:

Version dated June 15, 2021

PLN-USE-2021-012                 Rufflections Pet Grooming                      Page 2 of 2
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
1
                            APPLICATION SUMMARY
     PLN-USE-2021-012                    Rufflections Pet Grooming

PLN-USE-2021-012 Rufflections Pet Grooming APPLICANT: Crystal Jones OWNERS:
Crystal & Michael Jones PROPOSAL: A conditional use permit to operate a pet grooming
salon as a Level II Home Occupation. ZONE: R-10s, Residential District LOCATION:
3001 Brittany Way TAX MAP PARCEL: 0102001000280 PLANNING AREA: Western
Branch

       SUBMITTED:          04-25-2021               ACCEPTED:          05-12-2021

                           STAFF RECOMMENDATION
                               Approval with stipulations:

1.     The hours of operation for the pet grooming business shall be limited to 8:00 A.M.
       to 6:00 P.M., Monday through Saturday. No customer's pets shall be permitted
       on the premises outside of operating hours.

2.     This conditional use permit is limited to the applicant only.

3.     Customer visits shall be limited to one (1) customer on the property at a time,
       by appointment only.

4.     The proposed pet grooming salon shall be operated within the primary residence
       and not exceed eight hundred eighty (880) square feet in area.

5.     The proposed pet grooming salon’s employees shall be limited to only those
       residing on the premises. No outside employees shall be permitted.

6.     There shall be only one (1) Level II Home Occupation, the pet grooming salon,
       operating on the property associated with this conditional use permit.

7.     A backflow preventer is to be installed on all water systems before any takeoffs
       are made and in accordance with the manufacturer's recommendations, the
       International Plumbing Code requirements, and Department of Public Utilities
       policy. The backflow preventer must meet National Standard NSF 61 (lead free).
       The backflow preventer is to be installed, tested by a DPOR certified technician,
       and documentation received by Public Utilities within 90 days of the date
       of approval of this use conditional use permit, or prior to the initiation of this
       conditional use, whichever occurs first.
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
2
                        APPLICATION SUMMARY
       PLN-USE-2021-012         Rufflections Pet Grooming

                        PLANNING COMMISSION
      HEARING DATE:      07-14-2021

      RECOMMENDATION:    APPROVAL with stipulations

      VOTE:              7–0

    APPLICANT:             Crystal Lathrop Jones
                           Rufflections Groomery LLC
                           3001 Brittany Way
                           Chesapeake, VA 23321
                           (757) 286-9205
                           trueluv@aol.com

    OWNERS:                Jones Michael L Jr & Crystal L
                           3001 Brittany Way
                           Chesapeake, VA 23321
                           757-286-9205
                           trueluv@aol.com
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
3
                                                 Chesapeake Planning Commission
                                         DRAFT July 14, 2021 Public Hearing Minutes

     11.   PLN-USE-2021-012
           PROJECT: Rufflections Pet Grooming
           APPLICANT: Crystal Jones
           OWNERS: Crystal & Michael Jones
           PROPOSAL: A conditional use permit to operate a pet grooming salon as
           a Level II Home Occupation.
           ZONE: R-10s, Residential District
           LOCATION: 3001 Brittany Way
           TAX MAP PARCEL: 0102001000280
           PLANNING AREA: Western Branch

PLANNING COMMISSION RECOMMENDATION:

     APPROVAL with the following stipulations: (7 – 0; Gerloff/Gilbert,
     Deneau and Steiner excused)

     1.    The hours of operation for the pet grooming business shall be limited to 8:00
           A.M. to 6:00 P.M., Monday through Saturday. No customer's pets shall be
           permitted on the premises outside of operating hours.

     2.    This conditional use permit is limited to the applicant only.

     3.    Customer visits shall be limited to one (1) customer on the property at a
           time, by appointment only.

     4.    The proposed pet grooming salon shall be operated within the primary
           residence and not exceed eight hundred eighty (880) square feet in area.

     5.    The proposed pet grooming salon’s employees shall be limited to only those
           residing on the premises. No outside employees shall be permitted.

     6.    There shall be only one (1) Level II Home Occupation, the pet grooming
           salon, operating on the property associated with this conditional use permit.

     7.    A backflow preventer is to be installed on all water systems before any
           takeoffs are made and in accordance with the manufacturer's
           recommendations, the International Plumbing Code requirements, and
           Department of Public Utilities policy. The backflow preventer must meet
           National Standard NSF 61 (lead free). The backflow preventer is to be
           installed, tested by a DPOR certified technician, and documentation
           received by Public Utilities within 90 days of the date of approval of this use
           conditional use permit, or prior to the initiation of this conditional use,
           whichever occurs first.

Mr. McNamara read PLN-USE-2021-012 into the record for Commission review and
action.
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
4
                                                       Chesapeake Planning Commission
                                               DRAFT July 14, 2021 Public Hearing Minutes

    Staff Presentation:

    Mr. McNamara stated that based on the findings listed in the staff report, planning staff
    recommended that PLN-USE-2021-012 be APPROVED with the stipulations as listed in
    the official agenda.

    Proponent:

    Crystal Jones, 2019 Ebbtide Lane, Chesapeake, Virginia, applicant and will standby for
    questions.

    Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia, self.

    COMMISSION VOTE:

    Commissioner Gerloff moved that PLN-USE-2021-012 be APPROVED with the
    stipulations as listed in the official agenda and as recommended by staff. Commissioner
    Gilbert seconded the motion. The motion was carried by a vote of 7 – 0. Commissioners
    Deneau and Steiner excused.
PLN-USE-2021-012 Rufflections Pet Grooming - City of ...
5
                                                                             City of Chesapeake
                                                                         Department of Planning
                                                                           Post Office Box 15225
                                                                          Chesapeake, VA 23328
                                                                                 (757) 382-6176
                                                              www.cityofchesapeake.net/planning
                           PLN-USE-2021-012
                           Rufflections Pet Grooming

 VICINITY MAP

Project Proposal: A conditional use permit to operate a pet grooming salon as a Level
II Home Occupation.
Tax Map ID: 0102-001-000-280              Existing Zoning:       R-10s, Residential
                                          District
Property Address / Planning Area:         Existing   2035   Land    Use      Plan
3001 Brittany Way / Western Branch        Designation: Low-Density Residential
Applicant:                                Public Hearing Date: July 14, 2021
Crystal Jones                             Staff Report Date: June 15, 2021
Property Owners:                          Project Planner:
Crystal & Michael Jones                   Aaron Bell, Senior Planner
                           STAFF RECOMMENDATION
 ‫ ܆‬APPROVED ‫ ܈‬APPROVED WITH STIPULATIONS ‫ ܆‬CONTINUED ‫ ܆‬DENIED
6

    FINDINGS:

    1.    The proposed conditional use, as stipulated, is consistent with the 2035
          Chesapeake Comprehensive Plan Land Use Section, as it is appropriate in terms
          of size, access, environmental conditions, and community facilities, and is
          therefore compatible with adjacent and surrounding properties.

    2.    The proposed conditional use, as stipulated, is consistent with the policies of the
          Chesapeake 2035 Comprehensive Plan, to support the growth of the small
          business community and provide safe working conditions.

    STAFF RECOMMENDATION:

    Based on the findings contained in this staff report, staff recommends that PLN-USE-
    2021-012 be APPROVED with the following stipulations:

    1.    The hours of operation for the pet grooming business shall be limited to 8:00 A.M.
          to 6:00 P.M., Monday through Saturday. No customer's pets shall be permitted on
          the premises outside of operating hours.

    2.    This conditional use permit is limited to the applicant only.

    3.    Customer visits shall be limited to one (1) customer on the property at a time, by
          appointment only.

    4.    The proposed pet grooming salon shall be operated within the primary residence
          and not exceed eight hundred eighty (880) square feet in area.

    5.    The proposed pet grooming salon’s employees shall be limited to only those
          residing on the premises. No outside employees shall be permitted.

    6.    There shall be only one (1) Level II Home Occupation, the pet grooming salon,
          operating on the property associated with this conditional use permit.

    7.    A backflow preventer is to be installed on all water systems before any takeoffs
          are made and in accordance with the manufacturer's recommendations, the
          International Plumbing Code requirements, and Department of Public Utilities
          policy. The backflow preventer must meet National Standard NSF 61 (lead free).
          The backflow preventer is to be installed, tested by a DPOR certified technician,
          and documentation received by Public Utilities within 90 days of the date of
          approval of this use conditional use permit, or prior to the initiation of this
          conditional use, whichever occurs first.

    PLN-USE-2021-012                 Rufflections Pet Grooming                     Page 2 of 6
7

                   EXISTING ZONING MAP

                   2035 LAND USE MAP

PLN-USE-2021-012   Rufflections Pet Grooming   Page 3 of 6
8

    PROJECT DESCRIPTION:

    The applicant seeks approval of a conditional use permit to operate a pet grooming salon
    as a Level II Home Occupation at 3001 Brittany Way in the Western Branch area of
    Chesapeake. The pet grooming salon would be located inside the existing single-family
    residence and does not propose using an accessory building or outdoor area for the
    business. The applicant has stated that the pet grooming salon would operate by
    appointment only and be limited to one customer at a time. The pet would be dropped off
    to be groomed and notified when ready to be picked up. The applicant has proposed to
    operate the business from 9:00 A.M. to 6:00 P.M., Monday through Saturday, and the
    applicant, who resides at the residence, would be the only employee.

    BACKGROUND:

    Section 14-300, et seq. of the Chesapeake Zoning Ordinance (CZO) classifies home
    based businesses that generate customer visits or daily delivery as Level II Home
    Occupations.

    COMMENTS:

                                 RESPONSE REC’D
         AGENCIES NOTIFIED                             AGENCIES NOTIFIED   RESPONSE REC’D DATE
                                     DATE
     D & P / Dev Engineering       May 21, 2021       Public Utilities        May 28, 2021
     D & P / Zoning                May 1, 2021        Fire Prevention         No Comment
     D & P / Landscape             No Comment         Police                  No Objections
     D & P / Code Enforce          No Comment         Parks & Rec.            No Comment
     Received comments are attached.

    STAFF ANALYSIS:

    One of the objectives of the Economy Section of the 2035 Comprehensive Plan is to
    expand the diversity of the City’s economic base. The City has identified action strategies
    as part of this objective to support the growth of the small business community and create
    safe working environments. Home Occupations are one way to operate a small business
    in a cost-effective manner that also provides safe workplace conditions, and with the
    proper conditions, have little impact on the surrounding community.

    The proposed conditional use is located in Brittany Woods, a single-family residential
    neighborhood zoned R-10s, Residential District, in Western Branch. The 2035 Land Use
    Plan designates this area for Low-Density Residential and is in the Suburban Overlay
    District. The 2035 Comprehensive Plan contains a land use strategy that states each land
    use should be located only on an appropriate site in terms of size, access, environmental
    conditions, community facilities, and compatibility with its neighbors. The proposed pet
    grooming salon has been reviewed by the City’s reviewing department members and is
    determined to have the proper size and access, is served by adequate facilities, and no
    adverse environmental issues exist on site. As the use does not propose any outdoor
    PLN-USE-2021-012                   Rufflections Pet Grooming                      Page 4 of 6
9

area to be utilized for the business and the hours of operation will correspond with the
time when people are generally at work, staff finds that the use will be compatible within
a residential neighborhood.

Section 14-302.B of the CZO provides operational standards for home occupations to
assure Level II Home Occupation uses are compatible with residential neighborhoods.
The standard hours of operation for a Level II Home Occupation are from 8:00 A.M. to
6:00 P.M., Monday through Saturday, or as specified by City Council, and the applicant
has proposed to operate the business within these hours. The space occupied by a Level
II Home Occupation shall not exceed twenty-five percent (25%) of the gross floor area of
the residence. According to the City Real Estate Assessor’s record, the residence is
approximately 3,522 square feet; thus, the proposed pet grooming salon can occupy a
maximum of 880 square feet of the residence.

                                                                  In compliance with the
                                                                  Zoning Ordinance, the
                                                                  Floor Plan dated May
                                                                  11, 2021, shows the
                                                                  proposed pet grooming
                                                                  salon     will    occupy
                                                                  approximately        132
                                                                  square feet of the
                                                                  residence.           The
                                                                  proposed use requires
                                                                  one (1) parking space in
                                                                  addition to the two (2)
                                                                  that are required for the
                                                                  residence. The existing
                                                                                  driveway
                                                                  accommodates four (4)
                                                                  vehicles and while the
driveway is not buffered from adjacent residences, the pets will be dropped off and picked
up and be limited to one (1) customer at a time, as stipulated.

The Department of Public Utilities reviewed the proposal and have asked that the
applicant install a backflow preventer on all water systems to prevent contamination
getting into the City’s water lines. Staff has added a stipulation to address this.

The applicant was very receptive to the departmental review comments and agreed to all
the stipulations that staff suggested to ensure the use will comply with the CZO standards
for Level II Home Occupations.

Based on the findings and comments received, staff finds that the proposed use with
stipulations would be consistent with the goals of the Comprehensive Plan, compatible
with the surrounding community, and will have no more adverse effects than would any
other use generally permitted in the same district. Therefore, staff recommends approval
of the request with stipulations.

PLN-USE-2021-012                  Rufflections Pet Grooming                      Page 5 of 6
10

     ATTACHMENTS:

     1.    Departmental Review Comments

     2.    Approved/Pending Home Occupation applications within 1 mile of project site.

     3.    Site Plan, dated May 11, 2021

     4.    Floor Plan, dated May 11, 2021

     5.    2020 Aerial Map

     PLN-USE-2021-012               Rufflections Pet Grooming                    Page 6 of 6
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                                                                                                                                               84.75 sq ft

                                                      15'
                                                                                                         15'
                                                                                                                                               7' 3/4" × 12'
                                                                           Other
                                                                   195.00 sq ft (13' × 15')

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                                                                                                                                                       Closet
                                                                                                                                                                                 12' 6 1/4"

                                                                                                                                                45.50 sq ft (13' × 3' 6")
                                                                                                                                                                                              43'

                                                                       Living Room

            4' 11"
11' 9"
                                                               538.51 sq ft (45' 10" × 11' 9")
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                                                                                                                                                989.12 sq ft (23' × 43')

            3' 7"
                                                                                                                                                                                 6' 10 1/2"

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                                            Living Room                                                                Dining Room
                                   260.60 sq ft (19' 4" × 13' 5 3/4")                Vestibule                         172.20 sq ft

     13' 5 3/4"
                                                                                    156.80 sq ft                  13' 7 3/4" × 12' 7 1/2"
                                                                                11' 11 3/4" × 13' 1"
                                                                                                                                                                                 6' 3 3/4"

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$UHD IRU /HYHO ,, +RPH 2FFXSDWLRQ  VT IW                                                                                                                   5HFHLYHG0D\
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                                          Rufflections Pet Grooming
     APPLICANT: Crystal Jones OWNERS: Crystal & Michael Jones PROPOSAL: A
     conditional use permit to operate a pet grooming salon as a Level II Home Occupation.
     ZONE: R-10s, Residential District LOCATION: 3001 Brittany Way TAX MAP PARCEL:
     0102001000280 PLANNING AREA: Western Branch

     PLANNER                                   PLANNING COMMISSION MEETING
     A. BELL                                                   JULY 14, 2021
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