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HomeMy WebLinkAbout09-16 BOS Staff ReportCONDITIONAL USE PERMITS #09-16 CONNIE ANN MOSS Staff Report for the Board of Supervisors Prepared: September 19, 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 Public Hearing Held; Recommended Approval Board of Supervisors: 09/28/16 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/28/16 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for a Dog Kennel. Should the Board of Supervisors 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. 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. 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 #9-16, Connie Ann Moss September 19, 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 wo uld 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 is 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. Page 3 CUP #9-16, Connie Ann Moss September 19, 2016 Electrical permit. Accessible parking shall be provided per ANSI A117.1-09. Accessible route 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 s ystem. 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 t he 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 boarding 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. Page 4 CUP #9-16, Connie Ann Moss September 19, 2016 There will be a total of three (3) employees with this use. This property also will be used for 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/07/16 MEETING: Staff reported this property is located at 4527 Valley Pike and is zoned RA (Rural Areas) District, and the current land use is residential. Staff continued the surrounding properties are all zoned RA and the land uses are vacant, retail, and outdoor recreation. Staff presented a location map of the property. Staff explained the 2030 Comprehensive Policy Plan provides guidance and the property is located within the Route 11 South Corridor and is planned for future commercial uses. Staff noted this CUP does meet the goals of the land use plan. Staff reported kennels are a permitted use in the RA Zoning District with an approved CUP (Conditional Use Permit). It was explained this proposed use will take place on a 4.09+/- acre parcel and it was reiterated the parcel is surrounded by RA properties. Staff continued kennels are defined as a place that is prepared to house, board, breed, handle or otherwise keep and care for do gs for sale or in return for compensation. Mr. Cheran noted this proposed kennel will have five (5) kennels for boarding of dogs with two (2) dogs per kennel for a total of ten (10) dogs. Page 5 CUP #9-16, Connie Ann Moss September 19, 2016 Staff reported all dogs must be confined indoors with the exception of when they are walked or exercised, and will not be let outdoors prior to 8:00 a.m. He noted dogs must be confined indoors by 9:00 p.m. and there will be no breeding of dogs with this use. Staff continued the property will also be used for 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. Staff noted the training sessions will be conducted by appointment with no more than six (6) customers at a time. Staff presented a hand drawing of the facility provided by the Applicant. Mr. Cheran explained it is typically required that a Category C buffer be provided to mitigate any issues from noise, etc.… Staff continued the location of this kennel is approximately 500 feet from the closest property and there are trees and wooded areas in abundance therefore the Applicant has met the intent of the Category C buffer. Staff recommended the following conditions for this 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. A Commission Member referenced condition #4 “all dogs must be confined indoors by 9:00 p.m.”; to clarify, the dogs can be taken outside after 9:00 p.m. but must be accompanied or on a leash. Staff confirmed that is correct; and that can be added as part of condition #4. The Applicant came forward and presented and overview of her business. She explained she is interested in operating a small dog training and dog boarding facility. The Applicant clarified the two (2) dogs per kennel request is only two (2) dogs per kennel that are from the same household. She continued they would like to offer professional dog training and she herself is a professional dog trainer. The Applicant noted her intention is to make their facility the best representation of a dog training/kennel facility. The Public Hearing was opened and three (3) citizens came forward to speak. Each citizen shared their support for this kennel. The citizens highlighted the high quality and the need for such a kennel/dog training facility in the community. The Public Hearing was closed. A Commission Member asked if the suggestion regarding the change or the definition of letting dogs outside supervised on a leash during the night should have a time of 9:00 p.m. – 7:00 a.m. Page 6 CUP #9-16, Connie Ann Moss September 19, 2016 Staff noted that can be added as an amended condition if needed. A Commission Member noted he feels this is a good idea and the need for the facility exists. A Commission Member noted he visited the site and the Applicant. He stated he feels they will be very accommodating to the community and this facility will be top notch. He concluded the area is confined and therefore will not be of any disturbance. A motion was made, seconded, and unanimously passed to recommend approval of CUP #09-16 for Connie Ann Moss with changes to Condition #4 allowing dogs to be outside supervised on a leash after 9:00 p.m. as needed. Absent: Thomas, Molden, Mohn CONCLUSION FOR THE 09/28/16 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for a Dog Kennel. Should the Board of Supervisors 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. 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. 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.