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HomeMy WebLinkAbout02-14 PC Staff ReportCONDITIONAL USE PERMIT #02-14 JESSICA M. NEFF Staff Report for the Planning Commission Prepared: March 10, 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 Pending Board of Supervisors: 04/23/14 Pending EXECUTIVE SUMMARY: This is a request for a Kennel - Dog Boarding. 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. 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 board 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 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 an 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 #02-14 Jessica M. Neff March 10, 2014 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 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 1 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 sq ft, a building permit would be required. Page 3 CUP #02-14 Jessica M. Neff March 10, 2014 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 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 Fredrick 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 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 30 x 20 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 the property at any given time. All dogs must be confined indoors exception of when they are walked or exercised, and will not to be let outdoors prior to 8:00 a.m. Dogs must 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. Page 4 CUP #02-14 Jessica M. Neff March 10, 2014 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 board of dogs on this property. (The applicant does not want 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 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 migrate 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. 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 board 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 to be let outdoors prior to 8:00 a.m. 7. Any proposed business sign shall conform to Cottage Occupation sign requirements and Page 5 CUP #02-14 Jessica M. Neff March 10, 2014 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 an 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.