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HomeMy WebLinkAbout10-18 PC Staff ReportCONDITIONAL USE PERMIT #10-18 DIANA C. KILMER – DOG KENNEL, BOARDING Staff Report for the Planning Commission Prepared: September 7, 2018 Staff Contact: Mark Cheran, 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: 09/19/18 Pending Board of Supervisors: 10/10/18 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Diana C. Kilmer for a dog kennel for boarding. Should the Planning Commission find this application for a dog kennel with boarding to be appropriate, Staff recommends that the following conditions be attached to the CUP. 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the boarding of dogs. 3. No more than thirty-six (36) dogs shall be permitted on the property at any given time. 4. No employees shall be permitted with this CUP. 5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. 7. Hours of operation for the public shall be 8:00 a.m. to 9:00 p.m. 8. Any expansion or modification of this use will require the approval of 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 Page 2 CUP #10-18, Diana C. Kilmer September 7, 2018 LOCATION: This property is located at 161 Sorrel Lane, Winchester, Virginia. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-1-4 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas Use: Residential Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This application is for a dog kennel for boarding. REVIEW EVALUATIONS: Virginia Department of Transportation: A review has been performed by VDOT for a Conditional Use Permit at 161 Sorrel Lane, Winchester, for its impact on the transportation system. The request included a proposal to establish facilities to build up to 30 dog kennels. The following is noted; the kennel facilities are to be established at the existing residence, which has an existing driveway type entrance. Sorrel Lane is a private roadway not maintained by VDOT. Sorrel Lane comes off of Airport Road which is public and maintained by VDOT. This intersection of Airport Road and Sorrel Lane appears to be adequate to accommodate additional traffic which will be generated by the establishment of the proposed kennels and should be of little impact to the traveling public on Airport Road at this time. We appreciate the opportunity to provide comments on the CUP Application. Should the nature of the CUP evolve, the Department requests the opportunity to re-evaluate it for impacts on the transportation system. Frederick County Fire and Rescue: Approved Frederick County Inspections: Conditional Use request for use of dwelling as kennel. The area utilized shall comply with The Virginia Uniform Statewide Building Code. Permit is required to construct kennel building(s). Pole Barn buildings or Pre- Engineered Metal buildings require the construction plans to be sealed by a Virginia Registered Design Professional. Please also submit floor plan with a building permit application. Mechanical air Page 3 CUP #10-18, Diana C. Kilmer September 7, 2018 change shall be provided as required per Virginia Mechanical Code. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to kennel entrance shall be provided. Restrooms are located on site and will be available for public use. Accessible route to restroom shall be Accessible. Electrical feed to building shall be installed per code and will require an electrical permit. Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed dog kennel, to be located at 161 Sorrel Lane, Winchester, VA 22602; Tax Map# 77-1-4. Based upon information provided by the Applicant, the proposed dog kennel will consist of two buildings, each 25’ X 60’. The buildings will each be constructed on concrete slabs. Gravel skirting will surround each of the slabs. The nearest well is situated approximately 55’ from the kennel. The contour of the property slopes down away from the well to the kennel. The drain field on the property is located on the opposite side of the house, away from the kennel. The solid wastes produced by the kennel will be removed and taken to the landfill. Liquid wastes will be washed down off the slabs. This Health Department has no objections to the issuance of the Conditional Use Permit. Applicant is welcome to contact this Health Department at (540) 771 -3020 or (540) 722-3480 concerning questions about any part of this correspondence. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will take place on a 5.00 +/- acre parcel; surrounded by properties that are zoned RA. The 2035 Comprehensive Plan of Frederick County provides guidance when considering any land use actions. This property is located within the Senseny Eastern Frederick County Long Range Land Use Plan; the area where this property is located is outside the UDA and SWSA and is intended to remain rural in nature. It appears that this CUP meets the intent of the goals of the 2035 Comprehensive Plan of Frederick County. The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation.” The Zoning Ordinance requires that kennels be subject to additional performance standards in order to mitigate negative impacts to adjoining residential properties. These standards include: all dogs are to be confined within a secure structure and the installation of a Category C Buffer. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately 119 feet to the west from this proposed kennel. This property is owned by the Applicant. The property to the north is 514 feet from this proposed kennel and is surrounded by natural woodlands. The other surrounding Page 4 CUP #10-18, Diana C. Kilmer September 7, 2018 properties are 500 feet from this proposed use. Therefore, the intent of the Category C Buffer can be met. The Applicant proposes to construct a 25’ x 55’ enclosed kennel with a fenced area to house no more than thirty-six (36) dogs for boarding. The structure is proposed to be located on the left side of the property. Per the Applicant, this structure is initially slated to house up to 18 dogs. This structure could be expanded in the future to house up to 36 dogs. Per the Zoning Ordinance, all dogs must be confined indoors, with the exception of when they are walked or exercised within the fenced area. Dogs will not be let outdoors prior to 8:00 a.m. and must be confined indoors by 9:00 p.m. The Applicant has stated that there will be no breeding of dogs with this use and that there will be no employees with this use. The Applicant was agreed to the conditions assigned to this CUP. STAFF CONCLUSIONS FOR THE 09/19/18 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the boarding of dogs. 3. No more than thirty-six (36) dogs shall be permitted on the property at any given time. 4. No employees shall be permitted with this CUP. 5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. 7. Hours of operation for the public shall be 8:00 a.m. to 9:00 p.m. 8. Any expansion or modification of this use will require the approval of 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.