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Home My WebLink About02-15 PC Staff ReportCONDITIONAL USE PERMIT #02-15 JAMES AND SUSAN BROWN Staff Report for the Planning Commission Prepared: September 16, 2015 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide info rmation 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: 09/16/15 Pending Board of Supervisors: 10/14/15 Pending EXECUTIVE SUMMARY: This is a request by James M. Brown and Susan K. Brown for a Conditional Use Permit for a Kennel-Dog Breeding. If the Planning Commission feels the 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 breeding of dogs on this property. 3. No more than twenty (20) dogs and puppies shall be permitted on the property at any given time. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. 7. 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. 8. 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 #02-15, James Brown and Susan Brown August 28, 2015 LOCATION: This property is located at 719 Barley Lane MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 61-A-23 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: Residential Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant PROPOSED USE: This application is for a Kennel - Dog breeding. REVIEW EVALUATIONS: Virginia Department of Transportation: There does not appear to be any traffic impact with this request. We have no objections to the homeowner using this facility for their own kennel facility. Should McKenzie’s Doodles expand this facility to a boarding kennel or a grooming facility to the public, VDOT would like to revisit this request for possible commercial entrance improvements. Frederick County Fire and Rescue: Plan approved provided that a 5# ABC Multi-Purpose Fire Extinguisher be available no further that 75’awa Frederick County Fire Prevention Code 906.3 Size & Distribution. Also at least 1 smoke detector shall be in each of the structures. Frederick County Inspections: Conditional Use request for use of dwelling as kennel. The area utilized shall comply with The Virginia Uniform Statewide Building Code. Permit is required to renovate large building. Please submit floor plan with a building permit application. Mechanical air change shall be provided as required per International Mechanical Code. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to kennel entrance shall be provided. Cost of Accessibility shall not exceed 20% of the cost of renovations. Anchorage shall be provided for accessory structures, at least one on each corner. Electrical feed to building shall be installed per code and will require an electrical permit. Final inspection/approval with certificate of occupancy shall be issued prior t o new use of the facility. Page 3 CUP #02-15, James Brown and Susan Brown August 28, 2015 Winchester-Frederick County Health Department: The Frederick County Health Department has no objections as long as canine excrement is properly disposed of. If canine excrement is being disposed of with human excrement into an existing or purposed sewage disposal system, an engineered plan is required to be submitted to this office. If canine excrement is disposed of in any other method, the EPA would need to be contacted. If any failures arise to the current sewage disposal s ystem due to the minimal increase of human visitors, please contact the Health Department. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP) [Code of Frederick County §165-401.03.K]. This proposed use will take place on a 154.75+/- acre parcel; surrounded by properties that are zoned RA. The 2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County to remain rural in nature and the property is not part of any land use study. 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. This application would only enable the breeding component of the kennel use. The applicant will be utilizing a 34x12 square foot enclosed kennel for adult dogs, a 12x24 foot building for storage, and two 10x16 foot enclosed kennels for whelping and weaning in the rear of the property. There will be a fenced area for the dogs, to the rear of the residence. The kennel is located in the middle of the 154 acre parcel, adjacent to the existing residence. The applicant has indicated that no more than twenty (20) dogs will be on the property for breeding. 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 employees with this proposed kennel. This proposed kennel will not be used for boarding of dogs. The customer base will be no more than ten (10) families 10-12 times a year to see and pick-up the dogs. Theses visits will occur on Saturdays from 10:00 a.m. to 5:00 p.m. these visits will be scheduled as appointments by the applicant. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately 500 to 1,000 feet from this proposed kennel. Therefore, the intent of the Category C Buffer can be met, as 400 feet is required for a no screen Category C Buffer. Page 4 CUP #02-15, James Brown and Susan Brown August 28, 2015 STAFF CONCLUSIONS FOR THE 09/16/15 PLANNING COMMISSION MEETING: If the Planning Commission feels the 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 breeding of dogs on this property. 3. No more than twenty (20) dogs and puppies shall be permitted on the property at any given time. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and are not to be let outdoors prior to 8:00 a.m. 7. 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. 8. 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.