056-19 (CUPConnieMoss)
CONDITIONAL USE PERMIT #02-19
CONNIE ANN MOSS Expansion of Existing Dog Kennel
Staff Report for the Board of Supervisors
Prepared: April 30, 2019
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
04/17/19 Recommended Approval
Board of Supervisors:
05/08/19 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for an expansion of
an existing dog kennel to allow the boarding of up to 25 dogs. Should the Board of Supervisors
find this application for an expansion of the dog kennel to be appropriate, the Planning
Commission recommended that the following conditions be attached to the CUP (new conditions
bold
are , italics and underlined; all other conditions remain unchanged from CUP #09-16):
1.All review agency comments shall be complied with at all times.
2.This CUP is solely to enable the boarding and training of dogs on this property.
3.No more than three (3) employees with this CUP.
4.All dogs must be confined indoors by 9:00 p.m. Dogs to be allowed outside and
supervised on a leash after 9:00 p.m. as needed.
5.Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size and five (5) feet in height.
6.Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday.
7. Up to 25 dogs are allowed to be boarded at any given time.
8.Any expansion or modification of this use will require the approval of a new CUP.
.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
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CUP #02-19 Connie Ann Moss
April 30, 2019
LOCATION
: This property is located at 4527 Valley Pike, Stephens City, Virginia.
MAGISTERIAL DISTRICT:
Back Creek
PROPERTY ID NUMBER:
75-A-28
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential with approved CUP for a dog kennel & dog training
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Retail
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Outdoor Recreation
PROPOSED USE:
This application is for an expansion of an existing dog kennel (approved
with CUP# 09-16) to allow the boarding of up to 25 dogs.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 11, the VDOT facility providing
access to the property. Existing entrance is adequate for proposed use. However, should use ever
expand in the future, the entrance may have to be upgraded to VDOT commercial standards.
See comment letter dated March 7, 2019.
Frederick County Fire and Rescue:
Plan approved provided that all buildings/structures that
fall under this CUP have at least 1-smoke detector and 1 5lb multi-purpose ABC fire
extinguisher installed.
See comment letter dated March 14, 2019.
Frederick County Inspections:
No comments at this time.
See comment letter dated March 20, 2019.
Winchester-Frederick County Health Department:
This Health Department has reviewed the
request for comments for a Conditional Use Permit for increasing the number of dogs being
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CUP #02-19 Connie Ann Moss
April 30, 2019
boarded at the Strategic Paws Training kennel, locate at 4527 Valley Pike, Stephens City, VA
22655; Tax Map #75-A-28 from 10 to 25. This Health Department has no objections to the
increase of the number of dogs being boarded at the kennel from 10 to 25, as long as the increase
in dogs does not result in the number staff on duty or the number or frequency of customers
using bathrooms at the facility. Applicant is welcome to contact this Health Department at (540)
722-3480 about any part of this correspondence
See comment letter dated March 14, 2019.
Frederick Water:
No Comments.
See comment letter dated February 27, 2019.
City of Winchester:
No Comments. Note: Strategic Paws Training, LLC is served by City of
Winchester Public Utilities.
See City of Winchester Department of Planning comment letter dated March 13, 2019.
Note: Strategic Paws Training, LLC., is served by City of Winchester Public Utilities.
Planning and Zoning:
Kennels are a permitted use in the RA (Rural Areas) Zoning District
with an approved Conditional Use Permit (CUP). This proposed use will take place on a 4.09+/-
acre parcel; surrounded by properties that are zoned RA. The 2035 Comprehensive Policy Plan
of Frederick County provides guidance when considering any land use actions. This property is
located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long
Range Land Use Plan, this area of the County is identified for commercial uses. It appears that
this CUP meets the intent of the goals of the 2035 Comprehensive Policy Plan of Frederick
County.
The Zoning Ordinance defines a Kennel: As a place prepared to house, board, breed, handle or
otherwise keep or care for dogs for sale or in return for compensation. The Zoning Ordinance
requires that kennels be subject to additional performance standards in order to mitigate negative
impacts to adjoining residential properties to include, all dogs to be confined within a secure
structure and a Category C Buffer.The properties immediately adjacent to this proposed CUP
are currently zoned RA Zoning District, with the nearest residential dwelling being
approximately 500 feet from this proposed dog kennel. Therefore, the intent of the Category C
Buffer can be met, as 400 feet is required for a no screen Category C Buffer.
Conditional Use Permit (CUP) #09-16, approved by the Board of Supervisors on September 28,
2016, entitled the owner to five (5) kennels, with two (2) dogs per kennel for total of ten (10)
dogs. This CUP application expands only the existing kennel operation, allowing for the
boarding of up to 25 dogs total (or 15 additional dogs beyond what is currently allowed). All
dogs must be confined indoors with the exception of when they are walked or exercised, and will
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CUP #02-19 Connie Ann Moss
April 30, 2019
not to be let outdoors prior to 8:00 a.m. Dogs must be confined indoors by 9:00 p.m. There will
be no breeding of dogs with this use.
Staff notes the Applicant may also continue to conduct dog training, in addition to the expanded
kennel operations.
STAFF CONCLUSIONS FOR THE 04/17/19 PLANNING COMMISSION MEETING:
Should the Planning Commission find this application for an expansion of the dog kennel to be
appropriate, Staff recommends that the following conditions be attached to the CUP (new
bold
conditions are , italics and underlined; all other conditions remain unchanged from CUP
#09-16):
1.All review agency comments shall be complied with at all times.
2.This CUP is solely to enable the boarding and training of dogs on this property.
3.No more than three (3) employees with this CUP.
4.All dogs must be confined indoors by 9:00 p.m. Dogs to be allowed outside and
supervised on a leash after 9:00 p.m. as needed.
5.Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size and five (5) feet in height.
6.Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday.
7. Up to 25 dogs are allowed to be boarded at any given time.
8.Any expansion or modification of this use will require the approval of a new CUP.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 04/17/19 MEETING:
Staff presented on the proposed Conditional Use Permit (CUP) application, to expand the
existing dog kennel operation, approved with CUP #09-16 for 5 kennels (up to 10 dogs) and dog
training, up to 25 dogs total (or 15 additional dogs). Staff noted the kennel was already in
operation (since 2016), under the previous CUP approval, and the Applicant would not be
constructing any new buildings but would instead use the existing indoor dog training structure
for boarding/additional kennels. Staff concluded that the previous CUP conditions approved
would still apply, and only condition #7 was added to specify the total number of dogs that could
be boarded (25). The Applicant, Connie Ann Moss, also spoke, noting her desire to expand her
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CUP #02-19 Connie Ann Moss
April 30, 2019
kennel operations to accommodate additional dogs due to demand from customers and wanting
to focus more on boarding of additional dogs. Mrs. Moss noted that in many cases customers
have more than one (1) dog to board and having additional kennels would allow her to
accommodate multiple dog owners. Mrs. Moss also noted that her kennel was unique the
structure and care of dogs to alleviate stress on the dogs (more outdoor playtime, TV time, &
music) and the owners leaving the dog in their care.
One (1) member of the public spoke in support of the CUP application, noting that it was
difficult to find quality boarding facilities for dogs in the area and this was a benefit to the
Frederick County community.
The Planning Commission voted unanimously (Commissioners Marston & Mohn absent) to send
this CUP application to the Board of Supervisors with a recommendation of approval.
EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION
FOR THE 05/08/19 BOARD OF SUPERVIORS MEETING:
This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for an expansion of
an existing dog kennel to allow the boarding of up to 25 dogs. Should the Board of Supervisors
find this application for an expansion of the dog kennel to be appropriate, the Planning
Commission recommended that the following conditions be attached to the CUP (new conditions
bold
are , italics and underlined; all other conditions remain unchanged from CUP #09-16):
1.All review agency comments shall be complied with at all times.
2.This CUP is solely to enable the boarding and training of dogs on this property.
3.No more than three (3) employees with this CUP.
4.All dogs must be confined indoors by 9:00 p.m. Dogs to be allowed outside and
supervised on a leash after 9:00 p.m. as needed.
5.Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size and five (5) feet in height.
6.Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday.
7. Up to 25 dogs are allowed to be boarded at any given time.
8.Any expansion or modification of this use will require the approval of a new CUP.
.
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CUP #02-19 Connie Ann Moss
April 30, 2019
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
CUP # 02 - 19: Connie Ann Moss
PIN: 75 - A - 28
Expansion for Boarding Kennels
Zoning Map
4506
VALLEY
PIKE
£
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11
CUP #02-19
75 A 28
4548
VALLEY
PIKE
£
¤
11
4541
VALLEY
PIKE
§
¨¦
81
§
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4560
81
VALLEY
PIKE
4563
VALLEY
PIKE
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Application
Parcels
Sewer and Water Service Area
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
070140280Feet
Map Created: March 25, 2019
CUP # 02 - 19: Connie Ann Moss
PIN: 75 - A - 28
Expansion for Boarding Kennels
Location Map
4506
VALLEY
PIKE
£
¤
11
CUP #02-19
75 A 28
4548
VALLEY
PIKE
£
¤
11
4541
VALLEY
PIKE
§
¨¦
81
§
¨¦
4560
81
VALLEY
PIKE
4563
VALLEY
PIKE
µ
Application
Parcels
Sewer and Water Service Area
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
070140280Feet
Map Created: March 25, 2019