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HomeMy WebLinkAbout03-12 PC Staff ReportCONDITIONAL USE PERMIT #03-12 JAMES W. FRYE Staff Report for the Planning Commission Prepared: May 15, 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 Planning Commission: 06/06/12 Pending Action Board of Supervisors: 07/27/12 Pending EXECUTIVE SUMMARY: This is a request for a Kennel. 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. 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. 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 #03-12, James W. Frye May 15, 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. Should 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 May 15, 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: 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. 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. The surrounding properties are all zoned RA. The dwelling to the north of the property is approximately 165 feet away and the dwelling to the south of the property is approximately 125 feet away. The applicant must construct a six (6) foot board-on-board fence on all sides of 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 06/02/12 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 May 15, 2012 8. Any expansion or modification of this use will require an approval of new Conditional Use Permit. 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.