HomeMy WebLinkAbout02-03 BOS Staff ReportCONDITIONAL USE PERMIT #02-03
Timothy E. Felty
Staff Report for the Board of Supervisors Meeting
Prepared: February 28, 2003
Staff Contact: Rebecca Ragsdale
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: 01/15/03 Recommended Approval
Board of Supervisors: 02/12/03 Postponed
03/10/03 Pending
LOCATION: This property is located at 536 Fletcher Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 26 -A -39G
PROPERTY ZONING & PRESENT
Land Use: Residential
ADJOINING PROPERTY ZONING &
Land Use: Residential
E: Zoned RA (Rural Areas) District;
: Zoned RA (Rural Areas) District;
PROPOSED USE: Dog Kennel (Breeding Only)
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 733, 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 minimum standards.
Inspections Department: No comment required.
DEC 0 9 2007
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CUP #02-03, Timothy E. Felty
Page 2
February 28, 2003
Fire Marshal: Recommend portable fire extinguishers, smoke and carbon monoxide
detectors. No known conditions with proposed use which will affect Fire Department
response. Plan approval is recommended.
Health Department: Health Department has no objection to request so long as no increase
in water use occurs.
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas ) Zoning District
with an approved Conditional Use Permit (CUP). Kennels are defined by the Zoning
Ordinance as a place prepared to house, board, breed, handle or otherwise keep or care for
dogs for sale or in return for compensation. This CUP application is a result of a zoning
violation complaint staff received. After discussions with the applicant, it was determined
that his activities did meet the definition of a kennel and he was agreeable to applying for the
CUP.
The applicant is proposing a kennel from his home located on 1.2 acres in the county. The
applicant is proposing to breed beagles for sale but does not intend to provide boarding
services for any additional dogs. The applicant presently breeds beagles but was unaware a
CUP is required. The dogs are currently kept in three existing kennels located towards the
rear of the property. The applicant plans to relocate the dogs to an existing enclosed
agricultural structure on the property. The applicant is not proposing to construct any new
structures to house dogs.
There would be no employees associated with this business. There were no disapproving
agency review comments. The adjoining residences are located more than 100 feet from the
portions of the applicant's property where the dogs are housed. There have been no
complaints regarding the applicant's dogs being a nuisance. Staff feels the proposed use is
appropriate.
STAFF CONCLUSIONS FOR THE 01-15-03 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. This permit is for a breeding kennel only; animals not associated with the breeding operation
shall not be boarded at any time.
3. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining
CUP #02-03, Timothy E. Felty
Page 3
March 7, 2003
4. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog
kennels shall be complied with at all times.
5. Any expansion or change of use shall require a new conditional use permit.
6. No more than (30) thirty dogs shall be allowed on the property at any given time.
7. Any proposed business sign shall conform to Cottage Occupation sign requirements and
should not exceed four (4) square feet in size.
PLANNING COMMISSION SUMMARY & ACTION OF 01/15/03 MEETING:
The applicant provided hand-outs regarding the average number of puppies that have been born per
litter and registered with the American Kennel Club over the past several years. He also provided
two letters of support from citizens who could not attend the Planning Commission Meeting. (These
handouts and letters are attached.) The applicant indicated that the breeding and selling of beagles
is a hobby for him and that he was not aware that he was doing anything wrong. The applicant
indicated that as soon as he was aware of the Conditional Use Permit requirement, he applied for a
CUP for a kennel.
There were public comments from concerned citizens living near the property who felt that dogs
barking was a concern. Some were concerned that thirty dogs would be too many dogs for the
property and would be detrimental to the neighborhood. The applicant explained how that number
was determined. The number accounts for the six adult dogs that remain on the property and for two
possible litters of puppies. It is possible for beagles to have as many as ten dogs in a litter. There
were also positive public comments from adjoining neighbors regarding the applicant's kennel.
Planning commissioners inquired where the nearest residence was to the property and whether or not
dog barking would be a concern to neighbors. They also inquired if it would be appropriate to change
Condition Number 6 to clarify that the number of dogs allowed includes puppies that would only
reside on the property for approximately eight weeks. After discussion, the Planning Commission
recommended approval with the following conditions as recommended by staff:
All review agency comments and requirements shall be complied with at all times.
2. This permit is for a breeding kennel only; animals not associated with the breeding operation
shall not be boarded at any time.
CUP #02-03, Timothy E. Felty
Page 4
March 7, 2003
3. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining
property by barking or roaming free. All dogs must be kept within a fenced -in area.
4. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog
kennels shall be complied with at all times.
5. Any expansion or change of use shall require a new conditional use permit.
6. No more than (30) thirty dogs shall be allowed on the property at any given time.
7. Any proposed business sign shall conform to Cottage Occupation sign requirements and
should not exceed four (4) square feet in size.
The majority vote by the Planning Commission was as follows:
YES (TO APPROVE): Straub, Gochenour, Fisher, Ours, Light, Morris, Unger, Watt, DeHaven
NO: Triplett, Kriz
(Please Note: Commissioners Thomas and Rosenberry were absent from the meeting.)
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