Loading...
HomeMy WebLinkAbout09-06 PC Staff Report - JanuaryCONDITIONAL USE PERMIT #09-06 JOYCE MYERS Staff Report for the Planning Commission Prepared: December 29, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: 11/15/06 Tabled for 60 days by Applicant Planning Commission: 01/17/07 Pending Board of Supervisors: 02/14/07 Pending LOCATION: This subject property is located at 625 Town Run Lane (Route 1012). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-137 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Agricultural PROPOSED USE: Kennel REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1012, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Fire Marshal: Plan approval recommended. Inspections Department: Kennel building shall comply with The Virginia Uniform Statewide Building Code and Section 304, use group B (Business) of the International Building Code. Other Code that applies is ICC/ANSI A117.1-03 Usable and Accessible Buildings and Facilities. Please note the requirements in IBC for special inspections under Chapter 17 for this type structure. Please submit site plan showing accessible parking and accessible entrance at the time of permit application. All required egress doors shall be accessible. Winchester-Frederick County Health Department: Health Department has no objections or comments as no increase in water use to occur. Planning & Zoning: The applicant has applied for this CUP as a result of a zoning violation of the Frederick County Zoning Ordinance. The applicant has been in violation of the Ordinance since June 9, 2006 and has shown diligence in reducing the number of dogs, as well as apply for the CUP, which is a means of possibly resolving the zoning violation. Staff has had numerous conversations and a few site visits to assist the applicant in achieving a land use that will not negatively affect neighboring properties. Dog kennels are a permitted use in RA (Rural Areas) Zoning District with an approved CUP. The proposed use will take place on a 1.04 acre tract of land located in the RA (Rural Areas) Zoning District. Staff would note that there is currently one dwelling on the property, which is being used as a residence. The kennel will contain no more than ten (10) dogs/puppies, as well as including any litters. The applicant has proposed outdoor kennels, but has given thought to an indoor facility in the future. Staff has also specified that no breeding will take place on site, helping to limit litters. Within the Frederick County Zoning Ordinance, kennels are required to maintain a Category C zoning district buffer. Section 165-41B of the Frederick County Zoning Ordinance requires the Category C buffer be placed along any residential uses. This buffer requirement is 100’, in which, 75’ is inactive (strictly landscaped area) and 25’ active. The buffer would need to maintain 3 trees per 10 linear feet and a six (6) foot tall opaque fence would also have to be placed along the above specified boundaries. Currently the boundaries in question that would need this buffer would be the northern and eastern boundaries. A minor site plan will be required to ensure that all the conditions and other agency requirements are adhered to. As with any kennel, noise from this type of business negatively impacting adjoining property owners is a concern. The 2003 Frederick County Comprehensive Policy Plan ascertains that certain types of business uses may be located at rural locations if adverse impacts on surrounding uses can be avoided (p.6-60). Adjoining the property to the north is a higher density residential subdivision zoned RP (Residential Performance) that places this kennel in doubt. The four (4) proposed dwellings that adjoin the applicant’s property will be within 200’ of the dog cages. Barking generated from the dogs in the kennel could create a nuisance for these adjoining owners within the RP (Residential Performance) subdivision. In accordance with Section 48-23 of the Frederick County Code; It shall be unlawful, after written notice by the Sheriff to the owner, custodian, or person in control or possession of a dog, for such person to suffer or allow such dog to yelp, whine or otherwise make unreasonably loud noises as are plainly audible to adjoining residents or property owners in a residential subdivision so as to unreasonably annoy, disturb, bother, or vex such residents or property owners. Recognizing this code provision, it is foreseeable that this kennel may conflict with the adjacent residential development. Attached are images of existing site conditions. STAFF CONCLUSIONS FOR THE 11/15/06 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. The kennel shall strictly be limited to no more than ten (10) dogs/cats, regardless of animal age. 3. This permit is for a kennel (non-boarding) only. 4. No breeding of the animals shall take place on this property. 5. The kennel will adhere to a Category C buffer as specified in the Frederick County Zoning Ordinance. 6. A minor site plan will be required within six (6) months of approval of this permit and implementation of improvements six (6) months, post site plan approval. 7. Any violation of Section 48-23 of the Frederick County Code may be cause for revocation of this permit. 8. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 9. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 10. Any expansion or change of use shall require a new CUP. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/15/06 MEETING: A representative for the adjoining property owner, Arcadia Development Company and Arcadia Southern Hills, came forward to express concerns about the appropriateness of this use at the proposed location, due to the proximity of adjacent residential use and the size of the applicant’s parcel. She noted that the applicant’s property borders four of their lots within the Southern Hills subdivision on which single-family homes are currently being constructed. The applicant’s attorney said he was just recently engaged to represent Ms. Myers and this was after the filing of the CUP, as well as the court case hearing. He stated that the applicant’s operation is a 501(C)3 tax-exempt charitable organization, which is designated by the IRS solely for rescuing dogs and cats from shelters where they could be euthanized. He said his client has received national recognition for her efforts. He requested that the Commission consider tabling the CUP, to provide them with more time to study the issues raised and to determine whether the conditions of the CUP will work for his client. Commission members commented that previously-approved CUPs for kennels in Frederick County have required dogs to be housed inside an enclosed building at night. It was noted that these are typically concrete block buildings; metal structures would not be sufficient to dampen sound. Commissioners also had questions about the size of a proposed structure and staff pointed out the limited area a structure could be placed on the property due to zoning district buffer requirements, as well as normal building restriction lines. It was also noted that the kennel was not in operation prior to Southern Hills being rezoned for high-density residential. Some members of the Commission said they would have difficulty supporting an outdoor kennel, especially next to high-density residential use, because of the possibility of the noise becoming a nuisance for the neighbors. Commission members voted unanimously to table the proposed CUP for 60 days, at the applicant’s request, to allow the applicant time to address issues raised by the staff and Planning Commission. STAFF CONCLUSIONS FOR THE 01/17/07 PLANNING COMMISSION MEETING: The applicant has made no changes to the CUP since the public hearing held on November 15, 2006 (60 days ago). Staff is seeking a decision on this application to avoid delaying court proceedings. In regards to the existing zoning violation on the property; these court proceedings have already been postponed on two occasions. The judge of the General District Court set a hearing for February 27, 2007 in anticipation of a legislative action taken by the Board of Supervisors.