HomeMy WebLinkAbout09-22 BOS Staff ReportCONDITIONAL USE PERMIT #03-22
MCKENZIE’S DOODLES (BROWN) DOG KENNEL/BREEDING
Staff Report for the Board of Supervisors
Prepared: October 28, 2022
Staff Contact: Amy L. Feltner, 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: 10/19/22 Recommended Approval
Board of Supervisors: 11/09/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for James Brown and Susan Brown for a
dog kennel and breeding, McKenzie’s Doodles. This is also a relocation of an existing approved
kennel (CUP #02-15) operating in similar manner and under similar conditions. Should the
Board of Supervisors find this application for a dog kennel and breeding 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. A maximum of three (3) employees, not residing on the premise, shall be permitted with
this CUP.
3. All dogs must be confined to kennels indoors by 9:00 p.m. to 7:00 a.m.
4. Hours of operation for the public to access the property shall be 9:00 a.m. to 8:00 p.m.
seven days a week.
5. New structures to-be-used as kennels will require building permits prior to being built or
relocated to the property.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
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CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown
October 28, 2022
LOCATION: This property is located at 1038 Hites Road, Middletown, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 84-A-34B
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant/Agricultural
South: RA (Rural Areas) Use: Vacant/Agricultural
East: RA (Rural Areas) Use: Single Family Detached Residential
West: RA (Rural Areas) Use: Vacant/Agricultural
PROPOSED USE: This application is for a dog kennel and breeding on +/- 8 acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal: The Applicant proposes to board and breed dogs with no more than five (5) breeding
dogs, not including the litters, at any given time. Customers will arrange their visit, select, and
take home the puppy on the same day. The applicant proposes to host an average of ten (10)
families 20-25 times annually on a designated Saturday or Sunday as stated in their application.
The applicant has an approved CUP (#02-15) at 719 Barley Lane for kennel and boarding. The
applicant intends to move this business to the new address of 1038 Hites Road. The current
owner of 719 Barley Lane has voided the CUP #02-15 (see owner letter dated October 10, 2022,
attached).
Comprehensive Plan Conformance:
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 8.00 +/- acre parcel
surrounded by properties that are zoned RA. The 2040 Comprehensive Plan provides guidance
when considering any land use actions. The area where this property is located is outside the
Urban Development Area (UDA), outside the Sewer and Water Service Area (SWSA) and is not
part of any other land use plan. This area of the County is intended to remain rural in nature. The
CUP application, as proposed, generally meets the intent of the goals of the Plan.
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CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown
October 28, 2022
Zoning Ordinance Requirements:
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 additional standards include: all dogs
are to be confined within a secure structure, and the installation of a Category C Buffer
where the adjoining properties are used for residential purposes. Staff has reviewed the uses
of adjoining properties and determined that a Category C Buffer would not be required as the
adjacent land is vacant and agricultural in nature. The properties immediately adjacent to this
proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling
being approximately +/- 2000-feet to the west, 425-feet to the north, 400-feet to the east and
1031-feet to south from this proposed kennel. This kennel use, as described in the application
narrative, 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.
Winchester-Frederick County Health Department: Please see the attached letter from Jim
Davis, Environmental Health Supervisor dated September 7, 2022.
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 625 (Hites Road), the VDOT facility
providing access to the property. The existing entrance meets VDOT sight distance requirements
for this use. Based on this information and the information provided by the applicant, VDOT
can support the CUP request.
Frederick County Fire Marshal: Approved with conditions. 1) Install fire extinguishers per
Section 906 of the Frederick County Fire Prevention Code (Statewide Fire Prevention Code)
with a maximum travel distance of 75 feet of travel go access any fire extinguisher. 2) Install at
least one smoke detector per structure.
Frederick County Inspections: If the proposed building is of new construction, it will be
required to meet the 2018 Virginia Construction Code. If the proposed building is existing, it
will require a change of use permit.
Entrances and exits shall meet accessibility requirements per ANSI A117.1, Accessible parking
and pathway to the building will be required. Exist signage and emergency light shall be
required, and a restroom shall be available for use by customers.
1. Handicap ramps at breezeway door and front door stop.
2. Handicap sign
3. Lever type door handle at breezeway
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CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown
October 28, 2022
4. Turn Downspout 45 degrees away from house.
STAFF CONCLUSIONS FOR THE 10/19/22 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. A maximum of three (3) employees, not residing on the premise, shall be permitted with
this CUP.
3. All dogs must be confined to kennels indoors by 9:00 p.m. to 7:00 a.m.
4. Hours of operation for the public to access the property shall be 9:00 a.m. to 8:00 p.m.
seven days a week.
5. New structures to-be-used as kennels will require building permits prior to being built or
relocated to the property.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/19/22 MEETING:
The Planning Commission held a public hearing to consider this Conditional Use Permit on
October 19, 2022. One member of the public spoke against the proposed Conditional Use Permit
with concerns of noise and lack of trees/buffering. Additionally, the resident was concerned with
the vague ’10 families’ not specifically calling out numbers as well as specific quantities for
car/traffic volume. Members of the Planning Commission discussed that the highest volume of
dogs at a given time would be limited to the female dogs and her litter for an approximate 2-
month time frame in order to care for the litter. A motion was made by the Planning
Commission to increase the employees permitted from two to three to allow for part-time
employees. The motion was seconded and all approved. Planning Commission unanimously
voted to recommend approval of the CUP application as amended and send the item forward to
the Board of Supervisors.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
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