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Home My WebLink About09-22 PC Staff ReportCONDITIONAL USE PERMIT #03-22 MCKENZIE’S DOODLES (BROWN) DOG KENNEL/BREEDING Staff Report for the Planning Commission Prepared: October 7, 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 Pending 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 Planning Commission 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 two (2) 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 the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors 14 Page 2 CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown October 7, 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. 15 Page 3 CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown October 7, 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 4. Turn Downspout 45 degrees away from house. 16 Page 4 CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown October 7, 2022 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 two (2) 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 the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 17