The URL can be used to link to this page

Home My WebLink About02-19 PC Staff ReportCONDITIONAL USE PERMIT #02-19 CONNIE ANN MOSS – Expansion of Existing Dog Kennel Staff Report for the Planning Commission Prepared: April 9, 2019 Staff Contact: M. Tyler Klein, AICP, Senior Planner 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: 04/17/19 Pending Board of Supervisors: 05/08/19 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for an expansion of an existing dog kennel to allow the boarding of up to 25 dogs. Should the Planning Commission find this application for an expansion of the dog kennel to be appropriate, Staff recommends that the following conditions be attached to the CUP (new conditions are bold, italics and underlined): 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the boarding and training of dogs on this property. 3. No more than three (3) employees with this CUP. 4. All dogs must be confined indoors by 9:00 p.m. Dogs to be allowed outside and supervised on a leash after 9:00 p.m. as needed. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 6. Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday. 7. Up to 25 dogs are allowed to be boarded at any given time. 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 #02-19 Connie Ann Moss April 9, 2019 LOCATION: This property is located at 4527 Valley Pike, Stephens City, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-28 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Retail Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Outdoor Recreation PROPOSED USE: This application is for an expansion of an existing dog kennel (approved with CUP# 09-16) to allow the boarding of up to 25 dogs. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility providing 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. See comment letter dated March 7, 2019. Frederick County Fire and Rescue: Plan approved provided that all buildings/structures that fall under this CUP have at least 1-smoke detector and 1 5lb multi-purpose ABC fire extinguisher installed. See comment letter dated March 14, 2019. Frederick County Inspections: No comments at this time. See comment letter dated March 20, 2019. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for increasing the number of dogs being Page 3 CUP #02-19 Connie Ann Moss April 9, 2019 boarded at the Strategic Paws Training kennel, locate at 4527 Valley Pike, Stephens City, VA 22655; Tax Map #75-A-28 from 10 to 25. This Health Department has no objections to the increase of the number of dogs being boarded at the kennel from 10 to 25, as long as the increase in dogs does not result in the number staff on duty or the number or frequency of customers using bathrooms at the facility. Applicant is welcome to contact this Health Department at (540) 722-3480 about any part of this correspondence See comment letter dated March 14, 2019. Frederick Water: No Comments. See comment letter dated February 27, 2019. City of Winchester: No Comments. See City of Winchester – Department of Planning comment letter dated March 13, 2019. Note: Strategic Paws Training, LLC is served by City of Winchester Public Utilities. 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 4.09+/- acre parcel; surrounded by properties that are zoned RA. The 2035 Comprehensive Policy Plan of Frederick County provides guidance when considering any land use actions. This property is located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long Range Land Use Plan, this area of the County is identified for commercial uses. It appears that this CUP meets the intent of the goals of the 2035 Comprehensive Policy 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 to include, all dogs to be confined within a secure structure and 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 500 feet from this proposed dog kennel. Therefore, the intent of the Category C Buffer can be met, as 400 feet is required for a no screen Category C Buffer. Conditional Use Permit (CUP) #09-16, approved by the Board of Supervisors on September 28, 2016, entitled the owner to five (5) kennels, with two (2) dogs per kennel for total of ten (10) dogs. This CUP application expands the existing kennel operation, allowing for the boarding of up to 25 dogs total. All dogs must be confined indoors with the exception of when they are walked or exercised, and will not to be let outdoors prior to 8:00 a.m. Dogs must be confined indoors by 9:00 p.m. There will be no breeding of dogs with this use. Page 4 CUP #02-19 Connie Ann Moss April 9, 2019 indoors by 9:00 p.m. There will be no breeding of dogs with this use. STAFF CONCLUSIONS FOR THE 04/17/19 PLANNING COMMISSION MEETING: Should the Planning Commission find this application for an expansion of the dog kennel to be appropriate, Staff recommends that the following conditions be attached to the CUP (new conditions are bold, italics and underlined): 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the boarding and training of dogs on this property. 3. No more than three (3) employees with this CUP. 4. All dogs must be confined indoors by 9:00 p.m. Dogs to be allowed outside and supervised on a leash after 9:00 p.m. as needed. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 6. Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday. 7. Up to 25 dogs are allowed to be boarded at any given time. 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.