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HomeMy WebLinkAbout02-14 BOS Staff Report - JuneCONDITIONAL USE PERMIT #02-14 JESSICA M. NEFF Staff Report for the Board of Supervisors Prepared: June 11, 2014 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: 04/02/14 Recommended Approval Board of Supervisors: 04/23/14 Public Hearing Held- Action Postponed 05/14/14 Public Meeting Held-Action Postponed 06/25/14 Pending EXECUTIVE SUMMARY: This is a request for a Kennel - Dog Boarding. The Board of Supervisors previously held the public hearing on this proposed Conditional Use Permit (CUP). The Board of Supervisors postponed action until June 25, 2014. The following conditions have been drafted to address concerns raised during previous meetings. Should the Board grant this CUP, the following conditions should accompany the approval. 1. All review agency comments shall be complied with at all times. 2. No more than twenty-eight (28) dogs shall be permitted on the property at any given time. 3. This conditional use permit (CUP) is solely to enable the boarding of dogs on this property. 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. The Applicant will construct a 20 x 30 enclosed kennel in the rear of the property, with a 6 foot fenced outdoor play area. 7. The enclosed kennel house shall be built with noise-abatement construction material to reduce any dog barking so as to not exceed 50 dba. A professional engineer licensed in the state of Virginia shall seal the plans of the kennel house indicating it has met the 50 dba threshold. 8. The plans of the kennel house shall be reviewed by the County prior to any construction activity or operation of kennel. Page 2 CUP #02-14 Jessica M. Neff June 11, 2014 9. The kennel shall have an appointment only drop-off and pick up of dogs. 10. The Applicant shall maintain a contract with a waste removal company. 11. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. No more than three (3) dogs may be outdoors at any given time. 12. 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. 13. Any expansion or modification of this use will require the approval of a new CUP. Board action concerning this application is appropriate. LOCATION: The property is located at 461 Laurel Grove Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 73-9-3 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: VPI Agricultural Research and Extension Center PROPOSED USE: Kennel - Dog 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 629, the VDOT facility which would provide access to the property. Present entrance is adequate for proposed improvements. Should Page 3 CUP #02-14 Jessica M. Neff June 11, 2014 business ever expand in the future, entrance may need to be upgraded. Frederick County Fire and Rescue: Plans approved. Frederick County Fire Marshall: Plans approved as long as there is at least one working smoke detector and 1-5lb 2A/10BC fire extinguisher within 75 feet of the areas being occupied by the dogs. Frederick County Inspections: The building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code 2009 and section 304 - B, Business Use Group of the International Building Code/2009. Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities and 2009 International Energy Code. If new kennel construction exceeds 200 square feet, a building permit would be required. Frederick-Winchester Health Department: The Health Department has no objection to the request as stated. This does not grant approval for additional employees. Applicant may not dispose of canine waste via the septic tank drainfield on site. Winchester Regional Airport: We have reviewed the referenced conditional use permit request proposal. While the site does lie within the airspace operations of the Winchester Regional Airport, it is outside of the close in part 77 surfaces and should not impact airport operations. 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) [Code of Frederick County §165-401.03.K]. This proposed use will take place on a 7+/- 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 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. There will be no employees with this proposed kennel per the Frederick County Health Department. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately 600 feet from this proposed dog kennel. Therefore, the Page 4 CUP #02-14 Jessica M. Neff June 11, 2014 intent of the Category C Buffer can be met, as 400 feet is required for a no screen Category C Buffer. The applicant will be constructing a 20 x 30 square foot enclosed kennel with a fenced area for the dogs, at the rear of the property. The applicant has indicated that no more than twenty–eight (28) dogs will be on the property at any given time. 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. In reviewing this application, the following conditions are considered appropriate reflective of the applicant’s request, review agency comments, and/or in an effort to mitigate any potential impacts as noted. All review agency comments shall be complied with at all times. No more than twenty-eight (28) dogs on the property at any given time. (The applicant has requested the number of dogs with this kennel) This CUP is solely to enable the boarding of dogs on this property. (The applicant does not want to breed dogs) No employees other than those residing on the property shall be allowed. (This condition is per the Frederick County Health Department) All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. All dogs must be confined indoors by 9:00 p.m. and not be let outdoors prior to 8:00 a.m. (This condition is to help mitigate any impacts to adjoining properties) 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. Any expansion or modification of this use will require an approval of a new CUP. STAFF CONCLUSIONS FOR THE 04/02/14 PLANNING COMMISSION MEETING: The request complies with applicable policies and ordinances. The Planning staff recommends approval of the CUP, with the following eight (8) conditions: 1. All review agency comments shall be complied with at all times. Page 5 CUP #02-14 Jessica M. Neff June 11, 2014 2. No more than twenty-eight (28) dogs shall be permitted on the property at any given time. 3. This CUP is solely to enable the boarding of dogs on this property. 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. PLANNING COMMISSION SUMMARY & ACTION OF THE 4/02/14 MEETING: The applicant said there will be no dog breeding, solely boarding; the dogs will be inside at all times, except when walked or exercised; and the kennel building will be a free-standing garage constructed with wider than normal walls to provide noise insulation and the walls and attic will be insulated for better heating and air conditioning. Two neighboring residents spoke in opposition to the proposed kennel. Both residents were concerned about the devaluation of their property; they were concerned about noise from barking dogs disrupting the quiet of their neighborhood; they were concerned about odors and how dog waste would be disposed; and they were concerned about water runoff. They did not believe their residential neighborhood was a practical location for the operation of this business. Commission members were concerned about noise from dog barking. They advised the applicant there were a number of different construction techniques for sound abatement in a building. Those construction techniques involved a benefit/cost ratio standpoint that needed to be considered by the applicant. They also pointed out that when dogs are outside, they will bark and there was no way to muzzle them. They encouraged the applicant to be mindful about the conditions of the permit and the possibility the permit could be revoked, if the operation becomes a public nuisance. Other Commissioners pointed out this location is a somewhat remote agricultural area buffered by cornfields and large stands of trees. They mentioned the adjoining State agricultural research center where there is spraying taking place, noise from tractors, and the various types of farm animals being raised in this area. The applicant stated that the kennel Page 6 CUP #02-14 Jessica M. Neff June 11, 2014 building will be constructed with wider walls to provide for better noise insulation. By a unanimous vote, the Planning Commission recommended approval of the conditional use permit with the conditions as recommended by the staff, as follows: 1. All review agency comments shall be complied with at all times. 2. No more than twenty-eight (28) dogs shall be permitted on the property at any given time. 3. This conditional use permit (CUP) is solely to enable the boarding of dogs on this property. 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 approval of a new conditional use permit. (Note: Commissioner Crockett was absent from the meeting.) Two citizens spoke in opposition to this use at the April 2, 2014, Planning Commission Meeting. One of the concerns was the devaluation of properties located near kennels. Staff contacted the Commissioner of Revenue Office with the concern of devaluation of properties located near kennels. The Commissioners Office had no issues of devaluation of properties near kennels or with approved Conditional Use Permits in general. The noise and control of the dogs is addressed by Condition #5 of the Conditional Use Permit. Furthermore, the kennel building will be a free-standing garage constructed with wider than normal walls to provide noise insulation and the walls and attic will be insulated for better heating and air conditioning. The applicant has contacted a company for the disposal of dog waste. BOARD OF SUPERVISORS SUMMARY & ACTION OF THE 04/23/14 MEETING: Page 7 CUP #02-14 Jessica M. Neff June 11, 2014 The Board of Supervisors held a public hearing on this proposed Conditional Use Permit (CUP) for a kennel. Several adjoining property owners spoke in opposition to this kennel, and two (2) letters of opposition were received. The Board of Supervisors voted to postpone any action on this CUP until their May 14, 2014, meeting. This action was to allow the applicant to address some of the concerns voiced by the adjoining property owners. ACTIONS SINCE THE BOARD OF SUPERVISORS 4/23/14 MEETING: The applicant has met with staff to modify the conditions of this CUP, to address the adjoining property owners concerns. The modified conditions are located below in bold print: 1. All review agency comments shall be complied with at all times. 2. No more than twenty-eight (28) dogs shall be permitted on the property at any given time. 3. This conditional use permit (CUP) is solely to enable the boarding of dogs on this property. 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. The Applicant will construct a 20 x 30 enclosed kennel in the rear of the property with a 6 foot fenced outdoor play area. 7. The enclosed kennel house shall be built with a noise-abatement construction material to reduce any dog barking so as to not exceed 50 dba. A professional engineer licensed in the state of Virginia shall seal the plans of the kennel house indicating it has met the 50 dba threshold. 8. The plans of the kennel house shall be reviewed by the County prior to any construction activity or operation of the kennel. 9. The kennel shall have an appointment only drop-off and pick-up of dogs. 10. The Applicant shall maintain a contract with a waste removal company. Page 8 CUP #02-14 Jessica M. Neff June 11, 2014 11. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. No more than three (3) dogs outdoors at any given time. 12. 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. 13. Any expansion or modification of this use will require a new CUP. BOARD OF SUPERVISORS SUMMARY & ACTION OF THE 5/14/14 MEETING: Supervisor Lofton stated a number of concerns regarding this proposal had been cited by the neighbors, to include traffic and declining property values. With regard to traffic, he noted there were currently 600 vehicle trips per day on Laurel Grove Road. If 28 people dropped off and picked up dogs each day, which would equate to an additional 56 vehicle trips per day, which was a less than 10% increase. Traffic would not be a deterrent to this application. With regard to decreased property values, Supervisor Lofton stated he had received a paper from a realtor stating property values would decline if this kennel were permitted; however, he did not see any comparable sales or other empirical data that would support this claim. He went on to say he had contacted two appraisal firms regarding the effects of kennels on property values and asked them to provide empirical data that supported the claim of decreased property values. To date he has not seen anything that would support this claim. He noted the Commissioner of Revenue has no data to show dog kennels decrease property values. After two failed motions the Board of Supervisors postponed any action until 6/25/14 meeting.