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Home My WebLink About15-02 BOS Staff ReportCONDITIONAL USE PERMIT #15-02 Cynthia Lou Foglia Staff Report for Board of Supervisors Meeting Prepared: December 31, 2002 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. Planning Commission: Board of Supervisors: Reviewed Action 12/04/02 Approved 01/08/03 Pending LOCATION: This property is located at 211 Bryarly Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-134 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: "Pet Watchers" Animal Training 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 789, 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 provided structures are not used. CUP # 15-02, Cynthia L. Foglia ("Pet Watchers") Page 2 December 31, 2002 Fire Marshal: Portable fire extinguishers and smoke detectors. No significant impact with proposed usage of Fire Service. Plan approval is recommended. Health Department: Talk to Dwight Sours, DEQ (540)-8928-2595, about kennel waste. DEQ requires a permit if more than so many units. [*Note from applicant: There are no units.] Sketch attached does not show drainfield location. The Health Dept. has no objections if clients are dropping off dogs and leaving. If clients are staying around, drainfield may need to be expanded. Planning and Zoning: Dog kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). A kennel is 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. The applicant is proposing a kennel from her home located on 0.6 acres in the County. The applicant is proposing to offer both dog training and pet watching services. The applicant is proposing to conduct daytime dog training classes with a maximum class size of seven dogs with their owners and week-long overnight training sessions with one dog at a time. The applicant is also proposing pet -watching services that would involve boarding one additional dog. There would be no more than two client dogs (total) boarded at one time. The applicant currently owns six dogs that live on the property. The applicant has indicated that no dogs would be left outdoors overnight and that dog training provided will focus on house manners. There would be no employees associated with this business. There were no disapproving agency review comments. There are adjoining residences located less than 100 feet from the proposed kennel. Staff feels that the proposed use could potentially affect adjoining properties based on the proximity to adjoining residences. STAFF CONCLUSIONS FOR THE 12-04-02 PLANNING COMMISSION MEETING: Should the Planning Commission determine that this request is appropriate, staff would suggest the following conditions: All review agency comments shall be complied with at all times. 2. No more than (2) two client dogs shall be boarded at this facility at any given time. 3. No more than (15) fifteen dogs, including those owned by the applicant, shall be allowed on the property at any given time. CUP #15-02, Cynthia L. Foglia ("Pet Watchers") Page 3 December 31, 2002 4. 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 placed inside a completely enclosed building by 9:00 p.m. 5. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 6. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 12/04/02: The applicant responded to a planning commissioner's inquiry regarding the types of dogs she owns and how often the dogs bark. She indicated that she owns five dobermans and one collie/retriever mix, all of which are house dogs and do not bark. No one came forward to provide public comments. Commissioner Kriz indicated that he had been contacted by neighbors of the applicant who complained about odor and barking. The Planning Commission recommended approval with the same conditions recommended by staff, as follows: All review agency comments shall be complied with at all times. 2. No more than (2) two client dogs shall be boarded at this facility at any given time. 3. No more than (15) fifteen dogs, including those owned by the applicant, shall be allowed on the property at any given time. 4. 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 placed inside a completely enclosed building by 9:00 p.m. 5. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 6. Any expansion or modification shall require approval of a new Conditional Use Permit. (Please note: Commissioners Triplett, Kriz and DeHaven voted no, Commissioner Ours was absent.)