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HomeMy WebLinkAbout03-12 BOS Staff Report - SeptemberCONDITIONAL USE PERMIT #03-12 JAMES W. FRYE Staff Report for the Board of Supervisors Prepared: August 28, 2012 Staff Contact: Dana M. Johnston, Zoning Inspector 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: 06/06/12 Recommended Approval Board of Supervisors: 07/25/12 Tabled by BOS 09/12/12 Pending EXECUTIVE SUMMARY: This is a request for a Kennel. The Board of Supervisors, at its July 5, 2012 meeting, tabled action on this Conditional Use Permit until September 12, 2012. The Planning Commission suggested the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than thirty (30) dogs and puppies allowed on property at any given time. 3. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not be permitted on the property. 4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00 a.m., unless accompanied by the owners. 6. A six foot board-on-board fence must be constructed along all adjoining properties. 7. No signage allowed with this use. 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. Following the required public meeting, 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 #03-12, James W. Frye August 28, 2012 LOCATION: The property is located at 323 Hunting Ridge Road (Route 608). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-98A 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: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Tree Farm PROPOSED USE: Indoor Breeding 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 608, the VDOT facility which would provide access to the property. Your existing entrance is adequate for the proposed use with the following condition: All parking must be off VBDOT right-of-way. S hould use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire and Rescue: Plans approved. Frederick County Fire Marshall: Plans approved. Frederick County Inspections: Change of use permit is required under 103.3 of the Virginia Construction Code 2009 due to increase ventilation requirements for Indoor Breeding Kennel. The areas of the existing structure that are utilized shall comply with the International Mechanical Code for air change, etc. Please submit a floor plan of any areas at the time of permit application. Inspection approval and certificate of occupancy is required prior to using structures. Other code that applies is CABO A117.1-92 Accessible and Usable Buildings and Facilities. Page 3 CUP #03-12, James W. Frye August 28, 2012 Frederick-Winchester Health Department: Applicant may not dispose of canine waste via the septic system. Health Department has no objections to the request. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance Section 165-401.03 defines kennel: As a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation. This proposed use will take place on a 0.64 acre parcel located in the RA (Rural Areas) Zoning District. This application is the result of a zoning violation on the property. This proposed Conditional Use Permit (CUP) is to allow for breeding of bulldogs. This use will be conducted within the applicant’s home. With the number of female-owned dogs, and given the average of potential litters of each female, the applicant feels that there should be no more than thirty (30) dogs and puppies on the property at any given time. The surrounding properties are all zoned RA. The property is slightly greater than one-half acre and the closest dwelling is 45 feet away. The applicant must construct a six (6) foot board-on- board fence at all areas where dogs are kept on the property with the intent to help screen from adjoining property owners. In addition, there will be a 35’x 127’ dog run on the south part of property. All dogs are primarily kept indoors, with the exception of when they are walked or exercised. STAFF CONCLUSIONS FOR THE 06/06/12 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than thirty (30) dogs and puppies allowed on property at any given time. 3. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not be permitted on property. 4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00 a.m. 6. A six foot board-on-board fence must be constructed along all adjoining properties. 7. No signage allowed with this use. Page 4 CUP #03-12, James W. Frye August 28, 2012 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE JUNE 6, 2012 MEETING: Members of the Planning Commission had numerous questions for the staff and the applicant. Commission members wanted to know how many dogs were currently on the property and how the 30-dog limit was decided upon. A health concern was expressed regarding the potential for 30 dogs and two or more adults residing within the dwelling. A Commissioner asked if there was a State agency responsible for overseeing the health and breeding aspects of a dog-breeding business. A Commission member asked staff to point out the location of the proposed dog run. A question was raised about how Condition #4 would be monitored and enforced. Another Commissioner asked if Condition #3 included sales as well as breeding. Commission members asked the applicant how he planned to dispose of dog waste. Commissioners asked about the length of time between breeding and sales of dogs. A member of the Commission inquired if the applicant knew if any of his neighbors had any potential problems with the operation of this business. They asked the applicant if he believed he could comply with all of the conditions of his permit. A Commission member asked the staff if there were any issues with voting on this permit with a pending court date. Staff knew of no State agency that would oversee a dog-breeding operation. Staff pointed out the Health Department commented that canine waste cannot be disposed of via the septic system. Staff noted that any violations of the conditions, such as dogs roaming free or barking, would be handled on a complaint basis only. Staff explained that the 30-dog limit was reached after consulting with the applicant. The applicant said he currently has eleven dogs and all are kept indoors. He was fine with the 30-dog limit, considering that a couple dogs could have litters at the same time. He said all of the dogs are licensed and vaccinated. The applicant said the landfill will accept canine waste in the dumpster at the landfill, the same as regular trash. He said he utilizes shock collars and an electronic bark deterrent system to discourage barking. The applicant said he spoke with his neighbors and they are fine with this operation. He said the neighbors requested that the fence be placed 25-30 feet back from the front of the property to allow adequate site distance for pulling out of their driveways. The applicant said he could comply with all of the conditions; however, he asked to be allowed to walk the nursing and pregnant female dogs during the night, as long as they are supervised. There were no citizen comments, either in favor or opposition. Page 5 CUP #03-12, James W. Frye August 28, 2012 BOARD OF SUPERVISORS SUMMARY & ACTION OF THE JULY 25, 2012 MEETING: The Zoning Inspector presented the staff report. Questions were asked by several Board members and the Zoning Inspector and the Applicant answered their questions. There were no public comments. Supervisor Spicer moved to deny Conditional Use Permit #03-12, the motion was seconded by Supervisor DeHaven, however, the motion failed. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board postponed action until the first meeting in September in order to hear if there are more complaints and the nature of those complaints. The motion was unanimous to postpone. CONCLUSIONS FOR THE 09/12/12 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No more than thirty (30) dogs and puppies allowed on property at any given time. 3. This Conditional Use Permit (CUP) is to allow breeding only. Boarding of dogs will not be permitted on property. 4. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 5. All dogs must be confined indoors by 9:00 p.m. and not to be let outdoors prior to 8:00 a.m. 6. A six foot board-on-board fence must be constructed along all adjoining properties. 7. No signage allowed with this use. 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. Following the required public meeting, 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.