HomeMy WebLinkAbout01-08 PC Staff Report
CONDITIONAL USE PERMIT #01-08
DAVID PLANK
Staff Report for the Planning Commission
Prepared: March 17, 2007
Staff Contact: Mark R. 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: 04/16/08 Pending
Board of Supervisors: 05/14/08 Pending
LOCATION: This property is located at 244 Duck Run Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 70-1-4
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Vacant
South: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Vacant
PROPOSED USE: This application is for a proposed dog kennel.
CUP #01-08, David Plank
March 17, 2008
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional/special use permit
for this property appears to have little measurable impact on Route 600, North Pifer Road, the
VDOT facility which would provide access to the property. The existing entrance is adequate
for the proposed use; no changes need to be made to the existing entrances. No permit is
required from VDOT, although VDOT reserves the right to review the sight if there is any future
development.
Frederick County Fire Marshall: Plans approved as submitted.
Frederick County Inspections: Change of use permit for business area use in home required.
Additional outbuilding/fences may be required to have building permit. Area shall comply with
IBC and ICC Mechanical Code for ventilation.
Frederick-Winchester Health Department: Disposal of animal waste is regulated by the
Department of Environmental Quality, not the local health department. The applicant should
contact DEQ regarding acceptable disposal of the dog waste. If the proposal for the disposal of
the dog waste is acceptable as noted above, the health department has no objection as long as
there are no employees except for the current residents, and the domestic wastewater generated is
not greater than 450 gallons per day.
Virginia Department of Environmental Quality: The DEQ does not generally require a
permit for animal feeding operations with less than 300 animal units. One animal unit is
equivalent to 1,000 lbs. live animal weight, so your dog kennel does not meet this limit. As long
as you are not directly discharging animal waste to waters of the state, State Water Control Law
holds no other requirement for a specific disposal practice for animal waste disposal of the scale
you propose.
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 165-156 defines kennels: As a place prepared to house, board, breed, handle or
otherwise keep or care for dogs for sale on in return for compensation. This proposed use will
take place on an 11.45 acre parcel located in the RA (Rural Areas) Zoning District. There is
currently one dwelling on the property, which is being used as a residence.
The property where this proposed use will be conducted is surrounded by RA zoned properties
with natural woodlands with the nearest dwelling being more than 150 feet from this proposed
use. This proposed kennel will be for breeding of show dogs and will contain no more than
twenty-five (25) dogs, kept on the property and within the dwelling. The applicant has proposed
a 10’x10’ in size outdoor pen to house the dogs in good weather, and in the future would add a
CUP #01-08, David Plank
March 17, 2008
Page 3
ten run indoor kennel 28’x 15’ in size on the property. The area where the kennel is and will be
located is screened by a six foot in height board-on-board fence. The majority of the business of
this kennel is handled over the internet and telephone. The applicant will deliver the dogs to the
customers off-site. The applicant would like to have the ability to have no more than three
customers a week.
STAFF CONCLUSIONS FOR THE 04/16/08 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than twenty-five (25) canines (dogs or puppies) allowed on the property with
this Conditional Use Permit.
3. All canines kept at the kennel shall be controlled so as not to create nuisance by any
roaming free or barking.
4. All canines shall be confined inside a completely enclosed structure by 9:00 p.m. canines
will not be outdoors prior to 8:00 a.m.
5. No more than three (3) customers a week allowed on site.
6. No signage allowed with use. 7. 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.