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Home My WebLink About13-04 BOS Staff Report1G� `Cap CONDITIONAL USE PERMIT #13-04 4 ` COY AND MARION THOMPSON w Staff Report for the Board of Supervisors Meeting Prepared: August 11, 2004 Staff Contact: !Mark R. Cheran, Interim 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: 07/07/04 Recommended Approval Board of Supervisors: 08/24/04 mn /r LOCATION: This subject property is located at 213 Sir Johns Road (Route 667). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(s): 34-3-B PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential PROPOSED USE: Pet Boarding Facility with Grooming REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 667, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #13-04 Coy and Marion Thompson August 11, 2004 Page 2 Frederick County Fire Marshall: Access to the site shall meet the requirements of NFPA 1141. Plan approval contingent upon meeting access requirements. Health Department: No objection to dog kennel so long as no public restroom facilities provided. Frederick County Inspections: New buildings shall comply with The Virginia Uniform Statewide Building Code and section, 304, use group B (Business), of the International Building Code/2000. Other Code that applies is CABO Al 17.1-98 Accessible and Usable Buildings and Facilities. Please submit two sets of structural plans at the time of permit application. Note fences over six feet shall require permits. Planning and Zonings The Frederick County Zoning Ordinance allows kennels in RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will occur on 5.90 acres of land with the nearest residential dwelling being more than fifty (50) feet from this proposed use. The proposed building will house a pet grooming room, office, and cattery. There will be forty-eight (48) indoor/outdoor kennels with runs. There will be three (3) employees associated with this proposed use that do not reside on the site. An engineered site plan approved by Frederick County shall be required. This site plan will include opaque fencing of six (6) feet in height to enclose the outdoor runs. This proposed use shall have hours of operations of 8:00 a.m. to 9:00 p.m. daily. This proposed use shall be in conformance with Section 165-41 of the Frederick County Zoning Ordinance, regarding confining and securing dogs. All dogs shall be kept secured indoors from the hours of 9:00 p.m. to 7:00 a.m. daily. Based on the scale of this proposed use, evaluation, and location of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 07-07-04 PLANNING COMMISSION MEETING: The Planning Commission found this use appropriate with staff's following recommendations: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan with all improvements shall be approved by Frederick County; prior to operation of this kennel. 3. Hours of operations shall be from 8:00 a.m. to 9:00 p.m. daily. 4. All dogs shall be secured indoors from 9:00 p.m. to 7:00 a.m. CUP #13-04 Coy and Marion Thompson August 11, 2004 Page 3 5. No breeding of dogs or cats shall be allowed with this use. 6. No veterinary office shall be allowed to operate with this use. 7. One (1) non -illuminated business sign that shall not exceed a height of more than five (5) feet from its base; and not more than four (4) square feet in area. 8. Only forty-eight (48) dogs allowed on site. 9. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 07/07/04 MEETING: Commissioners had questions concerning whether the dogs would be secured indoors, within an enclosed structure at night; if the outdoor runs would be opaque or screen; the hours of operation; the length of time animals would be boarded; and concerning the Health Department comments. The applicant/property owner responded that all dogs would be latched inside a climate -controlled structure during the night; an opaque privacy fence will border the neighbor's yard; the play yard will also be screened by an opaque fence; and owners could pick up or drop off pets between the hours of 8:00 a.m. and 9:00 p.m. The applicant also commented that they have arranged for a site engineer to visit their property and they will comply with all of the necessary requirements. Only one citizen came forward to speak; this adjoining property owner had no objections to the Thompsons operating the boarding facility. The Chairman of the Planning Commission said that he spoke with three of the neighbors and although they spoke highly of the applicant, they were opposed to the boarding of 48 dogs at one time on the property. The Chairman expressed concern about the situation of so many animals confined in an unfamiliar place, on a parcel of this small size, and in the close proximity of other neighbors. By a majority vote, the Planning Commission recommended approval with the following conditions: All review agency comments and requirements shall be complied with at all times. CUP #13-04 Coy and Marion Thompson August 11, 2004 Page 4 2. An engineered site plan with all improvements shall be approved by Frederick County prior to the operation of this kennel. 3. Hours of operation shall be from 8:00 a.m. to 9:00 p.m., daily. 4. All dogs shall be secured indoors from 9:00 p.m. to 7:00 a.m. 5. No breeding of dogs or cats shall be permitted with this use. 6. No veterinary office shall be allowed to operate with this use. 7. Only one non -illuminated business sign, not exceeding five feet in height from its base nor exceeding four square feet in area, shall be permitted. 8. A maximum of 48 dogs allowed on site. 9. Any expansion or modification of this use shall require approval of a new conditional use permit. The majority vote was as follows: YES (TO APPROVE): Rosenberry, Triplett, Fisher, Morris, Unger, Gochenour, Straub, Thomas, Kriz NO: DeHaven (Please note: Commissioners Ours, Watt, and Light were absent from the meeting.)