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005-22 (CUPChristinaBoyer) ORDINANCE 'd 'd s Action: PLANNING COMMISSION: June 1, 2022 Public Hearing Continued PLANNING COMMISSION June 15, 2022 Recommended Approval BOARD OF SUPERVISORS: July 13, 2022 DENIED ORDINANCE CONDITIONAL USE PERMIT #03-22 CHRISTINA BOYER WHEREAS, CONDITIONAL USE PERMIT APPLICATION #03-22 was submitted by Christina Boyer for a Dog Kennel/boarding was consider. The Property is located at 409 Brill Road Star Tannery, Virginia. The property is identified with Property Identification Number 69-5-1-7 in the Back Creek Magisterial District; and WHEREAS,the Frederick County Planning Convnission held a public hearing on this Conditional Use Permit on June 1,2022 and continued public hearing on June 15, 2022 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Perrmit during their regular meeting on July 13, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Penliit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code,Zoning,Conditional Use Permit#03-22 to allow for a Dog Kennel/Boarding on the parcel identified with Property Identification Number 69-5-1-7 is issued with the following conditions: 1. All review agency comments shall be complied with at all tunes. 2. This CUP is solely to enable the boarding and training of dogs. 3. No more than six(6) dogs not owned by the applicant shall be permitted on the property at any given time. Res# 005-22 4. No employees shall be permitted with this CUP. 5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by roaming free or barking. G. All dogs must be confined indoors by 9:00 p.m. 7. Hours of operation for the public shall be 9:00 a.m. to 9:00 pan. 8. Any expansion or modification of this use will require the approval of a new CUP. This ordinance shall be in effect on the date of adoption. DENIED this 13h day of July 2022 by the following,recorded vote: Charles S. DeHaven, Jr., Chairman No Shawn L. Graber Aye J. Douglas McCarthy Absent Robert W. Wells Aye Josh E. Ludwig Aye Judith McCaiui-Slaughter No Blaine P. Dunn Aye A COPY ATTEST 0 Michael L. Bollh fer Frederick Coun Administrator Res# 005-22 co CONDITIONAL USE PERMIT #03-22 CHRISTINA BOYER—DOG KENNEL,BOARDING w ' Staff Report for the Board of Supervisors Prepared: July 1,2022 1],16 Staff Contact: Mark Cheran, Zoning Administrator 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: 06/01/22 Public Hearing Continued Planning Commission 06/15/22 Recommended Approval Board of Supervisors: 07/13/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Christina Boyer for a dog kennel for boarding. Should the Planning Commission find this application for a dog kennel with boarding to be appropriate, Staff recommends that the following conditions be attached to the CUP. 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. 3. No more than six (6) dogs not owned by the Applicant shall be permitted on the property at any given time. 4. No employees shall be permitted with this CUP. 5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. 7. Hours of operation for the public shall be 9:00 a.m. to 9:00 p.m. 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. Page 2 CUP 903-22, Christina Boyer July 1, 2022 LOCATION: This property is located at 409 Brill Road, Star Tannery,Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-5-1-7 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This application is for a dog kennel for boarding. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603 (Brill Road), the VDOT facility providing access to the property. The existing entrance, on Route 603, is adequate for the proposed use. Should the use ever expand in the future, the entrance will need to be reviewed to determine if additional improvements may be required. Winchester-Frederick County Health Department: Please see the attached letter from Jim Davis, Environmental Health Supervisor dated April 5, 2022. Frederick County Fire and Rescue: Approved Frederick County Inspections: A building permit is required for the CUP. Interior boarding of less than 5 canines. Interior training for less than 5 canines. Buildings, none proposed at this time, will be required to comply with The Virginia Building Code at the time of construction. Future exterior building structures may require a permit. Public restroom facilities shall be provided in new facility. Frederick County Public Works: We offer no comments at this time. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District Page 3 CUP 903-22, Christina Boyer July 1, 2022 with an approved Conditional Use Permit(CUP). This proposed use will take place on a 5.00 +/- acre parcel; surrounded by properties that are zoned RA. The Comprehensive Plan of Frederick Coun1y provides guidance when considering any land use actions. This property is located within the Senseny Eastern Frederick County Long Range Land Use Plan; the area where this property is located is outside the UDA and SWSA and is intended to remain rural in nature. It appears that this CUP meets the intent of the goals of the Comprehensive Plan of Frederick Coun1y. The Applicant proposes to board dogs within the residential for a daily rate. The dog training will take place as a two (2) week camp with the dog staying within the residential dwelling. The dog receives two (2) one-on-one formal training sessions per day. These training sessions will be by appointment only. The pet setting has a three (3) dog's maximum and is by drop-off and pick-up by appointment only. The kennel operation is solely appointment based between the hours of 9:00 a.m. to 8:00 p.m. There will be no employees with this kennel. There will be no add buildings with this use. This kennel will be operated with in residential dwelling. The number of clients will be no more than ten (10)per month. 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 to mitigate negative impacts to adjoining residential properties. These standards include: all dogs are to be confined within a secure structure and the installation of 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 1,000 feet to the west, 200 feet to the north, 800 feet to the east and 104 feet to south from this proposed kennel. The southern property is owned by the Applicant. The property of this kennel is surrounded by natural woodlands. This kennel use will be conducted indoors and therefore meets the intent of the Zoning Ordinance. Per the Zoning Ordinance, all dogs must be confined indoors, except for when they are walked or exercised within the fenced area. Dogs will not be let outdoors prior to 8:00 a.m. and must be confined indoors by 9:00 p.m. STAFF CONCLUSIONS FOR THE 06/01/22 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 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. 3. No more than six (6) dogs not owned by the Applicant shall be permitted on the property at any given time. 4. No employees shall be permitted with this CUP. Page 4 CUP 903-22, Christina Boyer July 1, 2022 5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. 7. Hours of operation for the public shall be 9:00 a.m. to 9:00 p.m. 8. Any expansion or modification of this use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION FROM 06/01/22 MEETING: Continued Public Hearing until June 15, 2022. PLANNING COMMISSION SUMMARY AND ACTION FROM 06/15/22 MEETING: The Planning Commission at its June 15, 2022, meeting recommend approval of Conditional Use Permit(CUP) 403-22 to be forwarded to the Board of Supervisors. 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 # 03 - 22: Christina Boyer PIN: 69 - 5 - 1 - 7 Dog Boarding Kennel Zoning Map e 17 Qb ME lye} - \ iic7+ll.N.S17! \v, k 'CUP#03-22 30Q � e 4 g 4V= y TilT � r. a K ,•• f` '� , 55 41 1 Star Tannery N Application ! � Parcels ! \ WE ! I S Frederick County Planning&Development t _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 125 250 500 Feet Map Created:May 9,2022 CUP # 03 - 22: Christina Boyer PIN: 69 - 5 - 1 - 7 Dog Boarding Kennel Location Map < 77 m; QO e w � �, . ME �"CUP #03-22 r 55 b as a , � r n ' yy 3 �I z v Star Tannery � N Application ! � Parcels ! \ wE ! I S Frederick County Planning&Development t _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 125 250 500 Feet Map Created:May 9,2022 Submittal Deadline _,5,1 q Z,z P/C Meeting ; BOS Meeting n t ` z2 APPLICATION FOR CONDITIONAL. USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant(check one): Property Owner _ Other NAME: (y f 15 "1 i1Gl � k.S� ADDRESS: TELEPHONE AND EMAIL ADDRESS: 2. Please list all owners, occupants, or parties in interest of the property: bvis--bCci �XAvr 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of L0�1 feet and a depth of_(1 c_ _feet and consists of It U acres. (Please be exact) 5. The property is ownedby as evidenced by deed from _� nta Ck,�, ,Y\0- r (p evious owner) recorded in deed book no. 90 on page `_0 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. &. Property Identification Number(P.I.N.} Magisterial District 11-- V„ 0 Ce-e-)(1 Current Zoning C(-\ - Z�cu ctl A-.e- IS 5 7. Adjoining Property: USE ZONING North Agricultral RA(Rural Areas) East Residential RA(Rural Areas) South Residential RA(Rural Areas) West Land RA(Rural Areas) 8. The type of use proposed is (consult with the Planning Dept. before completing): Conditional Use-Boarding 9. Describe, if applicable, any new buildings to-be-constructed associated with this use: No new buildings at this time. Only fencing areas. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number NameBrill Family, LLC 450 Brill Road Property#69-A-7 Star Tannery, VA 22654 NameDwayne Madigan 391 Brill Road Property#69-5-1-6 Star Tannery, VA 22654 NameWilliarn Reinhardt/C. Boyer 431 Brill Road Property#69-5-1-8 Star Tannery, VA 22654 NameJohn Link 221 Tannery Hill Lane Property#69-5-2-10 Star Tannery, VA 22654 Namel-aurel Munk P.O. Box 133 Property#69-5-2-12 Star Tannery, VA 22654 Name Property# Name Property# 6 11. Please attach a sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines, site access, public and private roads, and any other pertinent information specific to the desired use (such as parking). A recorded plat is the best thing to use for this if available. 12. Please attach a written description of the proposed use including (as appropriate): hours of operation, number of employees, number of customers anticipated, outdoor storage, and any other pertinent information to address additional regulation for specific uses contained in §165-204 of the Frederick County Zoning Ordinance. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. *All owners listed on the property record shall sign the application. Signature of Applicant Signature of Owner(s) Owners' Mailing Address Itol cb� —Ta-A A k Owners' Telephone No. 14'X-1_W TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: , �; . i i try � � `�•,. �� IP �F^'4-"�t11'.4�L'.r^. �.'�"F :{- - V��\� •,�'G...�,,. 1\X �"' \ t � .�- REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation W_IN MUR 10—.* Hand de&mto: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg,Virginia 22824 Winchester,Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: ('V-3"ria r Telephone: Email Address: or U Name of development and/or description of the request: Location of Property: LA Qq -601( —Fa Daily-[ U Virginia Department of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603 (Brill Road), the VDOT facility providing access to the property. The existing entrance,on Route 603,is adequate for the proposed use. Should the use ever expand in the future,the entrance will need to be reviewed to determine if additional improvements maybe rewired. VDOT Signature& Date: V Notice to VDOT-Please Return Form to Applicant Lori[ Fairfax Health District L� r ' Frederick 1 Winchester Environmental Health "' ' 1�IRIiA ''�_�� `y 107 North Dent Street- Suite 201 f 1 T17' 1 'r [?CPl# TMkNT Winchester, Virginia 22601 HEALTH t "r DIST I T Tel.(540)722-3480 Fax(540)722-3479 PmlKft thuand}bar fi?ii mwt www.vdh.virgiWa.gov April 05, 2022 Christina Boyer 409 Brill Rd. Star Tannery, Virginia 22654 RE: Request for Comments for a proposed Dog Boarding Facility to be located at 409 Brill Rd. Star Tannery, VA 22654 Frederick County Tax Map# 69-5-1-7 Dear Ms. Boyer, I have evaluated your request for comments regarding a Conditional Use Permit request to establish a dog boarding facility at the referenced property. Frederick County Environmental Health would have no objection to this request provided the following is met; 1. If/when a facility is built, it must be kept Ten (10) feet minimum from all components of an existing onsite sewage system serving 409 Brill Rd. (slab—no basement) and Fifty(50) feet minimum from a private well if chemically termite treated, Ten (10) feet minimum otherwise. It is my understanding no structures are proposed at this time, only fencing. 2. Any facility must be served by an approved onsite sewage system designed to accommodate human excreta and wastewater from sinks, lavatories, showers and toilets, if such accommodations are desired. The system must be designed to accommodate the desired number of employees and projected number of customers on a daily basis. A permit to construct an onsite sewage system is required from Frederick County Environmental Health. Connection to an existing onsite sewage system can not be considered. 3. If a facility is built, heating/air conditioning and sound dampening construction methods are recommended. 4. If the existing private well is to be within the fenced area where dogs are kept, it should be protected by a barrier to prevent animal waste from collecting around the well head. 5. All animal waste shall be collected, bagged and properly disposed of at an approved facility on a daily basis. 6. A method for collecting information and reporting of any animal exposure incidents or animal bites that may occur at the facility to Frederick County Environmental Health is requested. Please contact me at (540) 722-3480 if you have further questions. Sin Y, J' Davis, Environmental Health Supervisor REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1080 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1080 Coverstone Drive Winchester,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2)copies of your application form, location map and all other pertinent information. Applicant's Name: Telephone: DL - Email Address: C 1 00 Name of development and/or description of the request: Location of Property: , Fire Marshal's Comments: 5 ce 4T- ettic Fire Marshal's Signature&Date: Notice to Fire Marshal-Please Return This Form to the Applicant P--ECE1VZD 10 Frederick County Fire and Rescue Department �Qa office of the Fire Marshal 1080 Coverstone Drive r` yA}}77 Winchester,VA 22602 • '44 Phone: 540-665-6350 Fax: 540-678-4739 '..n fmo@fcva.us Plan Review Conditional Use_..._. Status: ,Approved owrt Christina Boyer 409 Brill Rd Star Tannery, Virginia 22654 Phone: 814-207-1061 Printed Date: 04/08/2022 'General Information Received Date: 04/0112022 Occupancy Type: Review Begin Date: 04/08/2022 Property Use: Review End Date: 04/08/2022 Activity Number: 1041047 Hours: 1.0000 Activity Details Project Name Dog Training/Dog Sitting Comments: Application approved. No additional comments. Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 I QUEST FOR CONDITIONAL USE PEIV4 1T COMMENTS F t Freeler ik.k County Department of Public Worl " a I1'�at moo: Handrl�ela�er c� � s Frederick County Frederick County ` r r� Department of Public Work Department of Public Works �.; 107 North Kent Street 107 North Kent Street,2nd Floor " Winchester,Virginia 22601 Winchester,Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form,location map and all other pertinent information. Applicants Name ti t`4 Telephone Email Address: Name of development and/or description of the request: Location of Prolvrty JZ 3; Frederick County Department of Planning Comments: ftr , f 13 f t? Signature&Date: r7 _ 'i otsce-PI-ase Reh rn This Form to the Applicant }�4 .'.�" :,.:".�i.:� :�. t.. '�.+r...^..CRS»^,",.':T"� '.�"'+."'�^_,YT..,.,..,.,�:........m:+w;2".-.°�""..`T..',':»..�.«.';^k-.....:......"^ .^w...._.....-+,'�:•e..,�,,.E €1 REQUEST FOR CONDITIONAL USE PERMIT COh+ 74ENTS Frederick County Linspections Department Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Departmezg 107 North Dent Street,2nd Floor Attn: Building Official *lot Winchester,Virginia 22601 107 North Kent Street,2nd Floor c° (540)665-5650 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2)copies of your application form, location map and all other pertinent information. 4 Applicant's Name: a Telephone: Email Address: _ ti.j( Name of development and/or description of the request: Location of Property: Building Official's Comments: I� Building Official's Signature&Date: Notice to Inspections Department-Please Return This Form to the Applicant 11 ? A building permit is required for tAe' CUP. Interior boarding of less than 5 canines. Interior training for less than 5 canines. Buildings,non proposed at this time,will be required to comply with The Virginia Building Code at the time of construction. Future exterior building structures may require a permit. Public restroom facilities shall be provided in new facility. S:\Site Plan comments120181CUP Business Kennel Boyer.doc