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HomeMy WebLinkAbout09-16 PC Staff ReportCONDITIONAL USE PERMIT #09-16 CONNIE ANN MOSS Staff Report for the Planning Commission Prepared: August 22, 2016 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: 09/07/16 Pending Board of Supervisors: 09/28/16 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for a Dog Kennel. Should the Planning Commission find this application for a dog kennel 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 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. 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. Any expansion or modification of this use will require the approval of a new CUP. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors Page 2 CUP #9-16, Connie Ann Moss August 22, 2016 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 ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Retail Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Outdoor Recreation PROPOSED USE: This application is for a Dog Kennel. 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 which would provide 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. Frederick County Fire and Rescue: Plan approved provided that a 1 – 5 lb multi-purpose ABC fire extinguisher be hung and readily available with 75’ of all building(s) that apply to this permit. At least 1 smoke detector be installed in all building(s) that apply to this permit. Frederick County Inspections: Conditional Use request for use of residential storage building under construct as dog training/kennel. The area utilized shall comply with The Virginia Uniform Statewide Building Code. Permit is required for change of use residential storage building. Please submit floor plan with a building permit application. Restroom shall meet ANSI A117.1-90 for public use. Mechanical air change shall be provided as required per International Mechanical Code. Electrical permit. Accessible parking shall be provided per ANSI A117.1-09. Accessible route Page 3 CUP #9-16, Connie Ann Moss August 22, 2016 from parking area/unloading to kennel entrance shall be provided. Unloading area shall meet ANSI A117.1-09 for material surface. Max slope of parking/unloading area is 2% or 1”:48”. Ramps shall not exceed a 1”:12” slope. There shall be a landing at the top and bottom of the ramp. Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Winchester-Frederick County Health Department: The Frederick County Health Department has no objections as long as no animal feces is introduced to the sewage disposal system and is disposed of by other means. An engineered sewage disposal system would be required due to non-human nutrient levels if animal waste is disposed of in the system. Frederick County Sanitation Authority: No Comments. City of Winchester: No Comments. 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 2030 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 2030 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. This proposed dog kennel will have five (5) kennels for brooding of dogs, with two (2) dogs per kennel for total of ten (10) dogs. All dogs must be confined indoors with the exception of when they are walked or exercised, and will 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. There will be a total of three (3) employees with this use. This property also will be used for Page 4 CUP #9-16, Connie Ann Moss August 22, 2016 indoor/outdoor public dog training. The indoor training will be conducted within a 2,400 sq. ft. building and the outdoor training will be conducted within a large fenced yard area. The training sessions will be conducted via appointment with no more than six (6) customers. Hours of operation for this use will be 8:00 a.m. to 9:00 p.m. Monday –Sunday. STAFF CONCLUSIONS FOR THE 09/07/16 PLANNING COMMISSION MEETING: If the Planning Commission feels the dog kennel to be appropriate, staff recommends 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 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. 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. Any expansion or modification of this use will require the approval of a new CUP. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.