Request Conditional Use Permit (Commercial Kennel) Staff Recommendation Approval. Staff Planner Marchelle Coleman

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1 Applicant & Property Owner Public Hearing July 11, 2018 City Council Election District Princess Anne Agenda Item 12 Request Conditional Use Permit (Commercial Kennel) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 3612 West Neck Road GPIN Site Size 27.6 Acres AICUZ Less than 65 db DNL Watershed Southern Rivers Existing Land Use and Zoning District Farm/ AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Woods, single-family dwelling / AG-1 & AG-2 Agricultural South Single-family dwelling / AG-2 Agricultural East Woods / AG-1 Agricultural West West Neck Road Single-family dwelling / AG-2 Agricultural Page 1

2 Background and Summary of Proposal The applicant is requesting a Conditional Use Permit for a Commercial Kennel for up to 12 dogs that will be trained to assist veterans with disabilities. The dogs will be kept indoors within an existing 110 x 25 heated and air conditioned building on site. The dogs will stay overnight and will be trained during the day between the hours of 7:00 a.m. and 6:00 p.m. When not in training, the dogs will remain inside the building, specifically between the hours of 6:00 p.m. and 7:00 a.m. The applicant is proposing a four foot high by four foot wide sign to be placed at the entrance of the site. Three employees will be hired to help organize and properly clean the area where the dogs will be kept. Zoning History # Request 1 CUP Approved 8/11/ SVR Approved 6/14/1994 CUP Approved 6/14/1994 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation and Recommendation This request for a Conditional Use Permit for a Commercial Kennel is acceptable. In Staff s opinion, this kennel, which is located over 1,000 feet from West Neck Road, is compatible with the surrounding uses and is an appropriate activity in the rural area. Section 223 of the Zoning Ordinance requires that kennel structures within 100 feet of an adjacent property line not be occupied by animals unless the structure is both air-conditioned and soundproofed. The kennel building meets this standard and the closest residential dwelling is more than 850 feet from the structure. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Page 2

3 Recommended Conditions 1. No more than 12 adult dogs shall be kept on the property at any time. 2. The dog kennel structure, outdoor dog training area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. All dogs shall be kenneled indoors in the dog kennel structure between the hours of 6:00 p.m. to 8:00 a.m., with an exception for breaks for urination and defecation. 7. The Commercial Kennel Conditional Use Permit shall be limited to training of dogs. One-day services, such as dog grooming and daycare, shall be prohibited. 8. All dogs on site for training shall be leashed at all times unless inside the designated training area. 9. The location of the dog kennel and the outdoor dog training area shall be limited to the area designated on the site layout plan included in the Staff Report. 10. Dog shows shall be prohibited. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms, and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach s valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (p ) Page 3

4 Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed. There are no known significant cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic West Neck Road 3,284 ADT 1 12,000 ADT 1 (LOS 4 D ) 7,400 ADT 1 (LOS 4 C ) 18,600 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by 26.7 acre agriculturally zoned property 3 No change anticipated Existing Land Use ADT Proposed Land Use ADT 4 LOS = Level of Service Public Utility Impacts Water & Sewer This property is not served by City water or sewer. The private well and septic system is currently approved by the Health Department. Page 4

5 Proposed Site Layout Page 5

6 Proposed Signage Page 6

7 Site Photos Page 7

8 Disclosure Statement Page 8

9 Disclosure Statement Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12