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HomeMy WebLinkAbout03-22 PC Staff Report - June 1, 2022CONDITIONAL USE PERMIT #03-22 CHRISTINA BOYER – DOG KENNEL, BOARDING Staff Report for the Planning Commission Prepared: May 18, 2022 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: 06/01/22 Pending Board of Supervisors: 07/13/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Christina Boyer 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 and training of dogs. 3. No more than six (6) dogs not owned by the applicant 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 9:00 a.m. to 8:00 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 16 Page 2 CUP #03-22, Christina Boyer May 18, 2022 LOCATION: This property is located at 409 Brill Road, Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-5-1-7 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 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: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603 (Brill Road), the VDOT facility providing access to the property. The existing entrance, on Route 603, is adequate for the proposed use. Should the use ever expand in the future, the entrance will need to be reviewed to determine if additional improvements may be required. Winchester-Frederick County Health Department: Please see the attached letter from Jim Davis, Environmental Health Supervisor dated April 5, 2022. Frederick County Fire and Rescue: Approved Frederick County Inspections: A building permit is required for the CUP. Interior boarding of less than 5 canines. Interior training for less than 5 canines. Buildings, none proposed at this time, will be required to comply with The Virginia Building Code at the time of construction. Future exterior building structures may require a permit. Public restroom facilities shall be provided in new facility. Frederick County Public Works: We offer no comments at this time. 17 Page 3 CUP #03-22, Christina Boyer May 18, 2022 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 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 Comprehensive Plan of Frederick County. The Applicant proposes to board dogs within the residential for a daily rate. The dog training will take place as a two (2) week camp with the dog staying within the residential dwelling. The dog receives two (2) one-on-one formal training sessions per day. These training sessions will be by appointment only. The pet setting has a three (3) dog’s maximum and is by drop-off and pick-up by appointment only. The kennel operation is solely appointment based between the hours of 9:00 am to 8:00 pm. There will be no employees with this kennel. There will be no add buildings with this use. This kennel will be operated with in residential dwelling. The number of clients will be no more than ten (10) per month. 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 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 1,000 feet to the west, 200 feet to the north, 800 feet to the east and 104 feet to south from this proposed kennel. The southern property is owned by the Applicant. The property of this kennel is surrounded by natural woodlands. This kennel use will be conducted indoors and therefore meets the intent of the Zoning Ordinance. Per the Zoning Ordinance, all dogs must be confined indoors, except for 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. STAFF CONCLUSIONS FOR THE 06/01/22 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 and training of dogs. 3. No more than six (6) dogs not owned by the applicant shall be permitted on the property at any given time. 18 Page 4 CUP #03-22, Christina Boyer May 18, 2022 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 9:00 a.m. to 8:00 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. 19