HomeMy WebLinkAbout02-14 ResolutionAction:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
RESOLUTION
April 2, 2014
April 23, 2014
June 25, 2014
RESOLUTION
Recommended Approval
Public Hearing Held
bi APPROVED ❑ DENIED
CONDITIONAL USE PERMIT #02-14
JESSICA M. NEFF
WHEREAS, Conditional Use Permit #02-14 of Jessica M. Neff, submitted by Jessica M. Neff,
for a Kennel — Dog Boarding was considered. The property is located at 461 Laurel Grove Road. The
property is further identified with Property Identification Number 73-9-3 in the Back Creek Magisterial
District. The conditional use as a kennel is permissible; and,
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on April 2, 2014, and recommended approval of the Conditional Use Permit with
conditions; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on April 23, 2014; and,
WHEREAS, with regard to traffic, it is not a deterrent to this application, as there are currently
approximately 600 vehicle trips per day on Laurel Grove Road, such that, if 28 people dropped off and
picked up dogs at the kennel each day, this would equate to an additional 56 vehicle trips per day, which
would be a less than 10% increase in traffic; and,
WHEREAS, with regard to any dogs being left unattended at the kennel, customer expectations
are most likely to prevent this, as customers are not likely to use the kennel if their dogs are left
unattended; and,
WHEREAS, with regard to property values, the Board of Supervisors has received no data on
comparable sales or other empirical data that would support a claim of decreased property values as a
PDRes #08-14
-2 -
result of proximity to a kennel, and the Commissioner of the Revenue has no data to show dog kennels
decrease property values; and,
WHEREAS, with regard to any dog barking noise coming from the kennel, whether any dog
barking noise would be discernible as coming from the kennel would be difficult to determine, as there
are other dogs in the neighborhood, and as well, at and nearby other kennels in the County, dog barking
noise is not necessarily audible; and,
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional
Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the
Comprehensive Policy Plan;
NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that
Conditional Use Permit Application #02-14 — Jessica M. Neff for a Kennel — Dog Boarding is permitted
on the parcel identified by Property Identification Number (PIN) 73-9-3 with the following 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 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 board on board 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 engineering 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.
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.
H. 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.
PDRes #08-14
-3-
13. Any expansion or modification of this use will require the approval of a new Conditional
Use Permit.
Enacted this 25th day of June, 2014.
Richard C. Shickle, Chairman Aye
Robert A. Hess Nay
Christopher E. Collins Aye
Charles S. DeHaven, Jr. Nay
PDRes #08-14
SOS Res. #065-14
Gary A. Lofton
Aye
Robert W. Wells
Nay
Gene E. Fisher
Aye
A COPY ATTEST
J1
F
ick County Administrator
e FIIEc��
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
June 27, 2014
Ms. Jessica Neff
461 Laurel Grove Road
Winchester, VA 22602
RE: CUP #02-14
Property Identification Number 73-9-3
Dear Ms. Neff:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
June 25, 2014. Conditional Use Permit #02-14 was approved for a Kennel -Dog Boarding. Further
conditions associated with the approval of the Conditional Use Permit include the following:
1. All review agency comments and requirements 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 six (6)
foot board on board 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 engineering 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.
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.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Aark R. Cheral°i
Zoning and Subdivision Administrator
MRC/pd
cc: Gary Lofton, Board of Supervisors, Back Creek District
Greg Unger and J. Rhodes Marston, Back Creek District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Inspections Department