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HomeMy WebLinkAbout09-06 PC Staff Report - NovemberCONDITIONAL USE PERMIT #09-06 JOYCE MYERS Staff Report for the Planning Commission Prepared: November 1, 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 Pending Board of Supervisors: 12/13/06 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 CUP #09-06 – Joyce Myers November 1, 2006 Page 2 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. CUP #09-06 – Joyce Myers November 1, 2006 Page 3 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. 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. 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.