COUNTY OF ALBEMARLE STAFF REPORT SUMMARY

Transcription

1 COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: SP The Canine Clipper Dog Grooming and Boarding Planning Commission Public Hearing: July 27, 2010 Owner: Amy Peloquin Acreage: Staff: Eryn Brennan, Senior Planner Board of Supervisors Public Hearing: To be determined Applicant: Amy Peloquin Special Use Permit: Commercial kennel TMP: Tax Map 35 Parcel 5 Location: 5120 Burnley Station Road, approx. one mile west of Stony Point Road (20N) junction Existing Zoning and By-right use: Rural Areas: agricultural, forestral, and fishery uses; residential density (0.5 unit/acre) Magisterial District: Rivanna RA (Rural Areas): X Proposal: Special Use Permit to allow a commercial kennel and dog grooming business Conditions: Yes Requested # of Dwelling Units: N/A Comprehensive Plan Designation: Rural Areas preserve and protect agricultural, forestral, open space, and natural, historic and scenic resources/density (0.5 unit/acre) Character of Property: The acre parcel is entirely wooded except for the main house, yards, and kennel buildings. Factors Favorable: 1. The nearest residence is 400 feet away from the kennel and the subject property is surrounded by wooded areas. 2. The applicant transports 40% of the dogs for the dog boarding business; therefore, any adverse impact on traffic would be negligible. Use of Surrounding Properties: The area is primarily characterized by rolling terrain, steep slopes, forested areas, and scattered residential and farmland. Some large single-family lots are located to the south and west of the property. Factors Unfavorable: 1. The dog kennel facility does not meet the requirements of Section (a) and (b), without approval of waivers; however, waivers of these sections are considered appropriate. RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions. Staff Report Page 1

2 STAFF PERSON: Eryn Brennan, Senior Planner PLANNING COMMISSION: July 27, 2010 BOARD OF SUPERVISORS: TBD SP The Canine Clipper Dog Grooming and Boarding Petition: PROJECT: SP The Canine Clipper Dog Grooming and Boarding PROPOSED: Special Use Permit to allow a commercial kennel ZONING CATEGORY/GENERAL USAGE: RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) SECTION: Commercial kennel COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots) ENTRANCE CORRIDOR: No LOCATION: 5120 Burnley Station Road, approx. one mile west of Stony Point Road (20N) junction TAX MAP/PARCEL: MAGISTERIAL DISTRICT: Rivanna Character of the Area: The area is primarily characterized by rolling terrain, steep slopes, forested areas, and scattered residential and farmland. Some large single-family lots are located to the south and west of the property. The adjacent property to the west is under conservation easement with The Nature Conservancy (Attachment A). Specifics of the Proposal: The applicant is seeking approval to operate a dog day camp facility, a dog grooming business, and overnight dog accommodation on the property. The applicant, unaware that a Special Use Permit was required for the business use, has been operating the business on the property for thirteen years. The grooming station and boarding kennel are located in a concrete block structure behind the main house, and the boarding kennel houses ten runs (Attachment B). The applicant has provided the following specific information regarding the Special Use Permit application: Day Camp and Dog Grooming Days of operation seven days a week Hours of operation - 9:00 AM to 5:00 PM A maximum number of drop-offs and pick-ups per day 8 (4 trips total) The applicant picks-up and drops-off 18% - 20% of the grooming and day camp clients One employee A maximum number of dogs per day 20 Dogs are kept in the kennel in between scheduled outdoor time in fenced areas Closed one week per year during the summer Overnight Dog Accommodations Open seven days a week Pick-ups an drop-offs occur at specified times: o Monday thru Thursday 9:00 AM, 4:00 PM, 8:30 PM o Friday and Saturday 9:00 AM o Sunday 8:30 PM Dogs are kept in the kennel during the night Staff Report Page 2

3 The applicant picks-up and drops-off 35% - 40% of the overnight clients A maximum of 10 dog guests per night The applicant currently owns two dogs that have not been included in the number of dog clients listed in the operation information above, as they are her personal pets. The entrance to the property is gated, and a contiguous wood post and wire mesh fence encloses the main house, front yard, children s play yard, garage, two dog yards, and the board kennel and grooming station (Attachment C; see also images provided by the applicant). The day camp and boarding dogs are only allowed in the yards located to the northeast and to the south of the kennel. The applicant has also requested Waivers from Section (a) and (b) of the zoning ordinance. Planning and Zoning History: In 1981, a Special Use Permit for a mobile home was approved. In 2004, a Home Occupation Class A permit was approved for this landowner to allow one truck and one trailer with a loader on the property. In March 2010, an anonymous complaint against the business was filed with the Zoning Division, resulting in this Special Use Permit application to relieve the zoning violation. Since the application has been submitted, seven of the nine adjacent properties owners have submitted letters of support, and an additional eleven letters of support from clients and property owners in Albemarle County have also been submitted. Correspondence in opposition to this application has not been received. Conformity with the Comprehensive Plan: The land uses supported by the Rural Areas chapter of the Comprehensive Plan emphasize the preservation and protection of agricultural, forestal, open space, and natural, historic and scenic resources. The dog care operation would not would require any additional structures or cause any adverse environmental impacts. Although the proposed use does not directly contribute to the land uses outlined in the Comprehensive Plan, it also does not adversely affect those uses, and, therefore, does not have a detrimental impact on the property or adjacent properties. STAFF COMMENT: Staff will address each provision of Section of the Zoning Ordinance: : Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The dog care operation is surrounded by forest on all sides. Adverse impacts are not anticipated from this use. The traffic impact would also be negligible since the applicant carries out approximately 40% of the pick-ups and drop-offs for overnight clients, and the dog grooming business does not generate on average more than four trips per day. Also, the longtime operation of the business on the property has been generally accepted in the area. An existing wire mesh fence is located as close as 15 feet to an adjacent property west of the kennel; however, the four owners whose property lines are located closest to the kennel along the west have all submitted letters of support for the application. In addition, three other adjacent property owners, including the one whose house is closest to the kennel, have also submitted letters of support (Attachment D). The Brown property located south of the parcel and the Levine property located east of the property did not submit a letter of opposition or support for the application. that the character of the district will not be changed thereby and The dog grooming and boarding business would not adversely impact the character of the area, as Staff Report Page 3

4 no additional permanent structures are proposed to be built. The traffic impact would also be negligible as noted above. that such use will be in harmony with the purpose and intent of this ordinance, The purpose and intent of the Rural Areas zoning is to preserve agricultural and forestal lands and activities, to protect the water supply, to limit service to rural areas, and to conserve the natural, scenic, and historic resources of the County. The dog grooming and boarding business would not have a negative impact on the preservation of agricultural lands or the conservation of the Rural Areas. The business also would not have an adverse impact on the water supply, nor would it create a demand for service delivery to the Rural Areas. with uses permitted by right in the district, The dog care grooming and boarding business would not conflict with the agricultural, forestal, and residential uses allowed by right in the district. with the additional regulations provided in section 5.0 of this ordinance, The applicant has requested waivers from the additional requirements of Section Although the dog grooming business may be approved without approval of waivers of Section (a) and (b) (discussed below), the operation of the dog kennel is dependent on approval of the waivers. Therefore, a condition of approval of the special use permit has been offered that would require that the special use permit be subject to the approval of the waivers. and with the public health, safety and general welfare. The Virginia Department of Health had no objection to the application. The applicant met with a VDOT representative on June 10, 2010, who determined that the sight distance for the current driveway entrance met the minimum standards and that the entrance is more than wide enough to accommodate two vehicles coming and going to access the business safely. SUMMARY: Staff has identified the following factors favorable to this application: 1. The nearest residence is 400 feet away from the kennel and the subject property is surrounded by wooded areas. 2. The applicant transports approximately 40% of the dogs for the dog boarding business; therefore, any adverse impact on traffic would be negligible. Staff has identified the following factor unfavorable to this application. 1. The dog kennel facility does not meet the requirements of Section (a) and (b); however, waivers of these sections are considered appropriate. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP Canine Clipper Dog Grooming and Boarding subject to the following conditions: 1. Development of the use shall be in accord with the conceptual plan titled The Canine Clipper Composite Plan, prepared by the applicant and dated April 15, 2010 (hereafter, the Conceptual Plan ), as determined by the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, the development shall reflect the following major elements within the development essential to the design of the development: Kennel yard and house yard within fenced area Staff Report Page 4

5 Entrance gate Three structures: kennel, residence, and garage Fence circumscribing the entire site, including the three structures and the kennel yard, house yard, and front yard as shown on the Conceptual Plan. Minor modifications to the Plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. The number of dogs attending the Canine Clipper Dog Grooming and Boarding business during the day shall not exceed, in the aggregate for both the grooming and boarding activities, 20 at any one time (does not include personal pets owned by the applicant). 3. The number of dogs attending the overnight boarding business shall not exceed 10 (not including personal pets owned by the applicant), or one dog per run, at any one time. 4. Dogs boarding overnight shall be kept inside between the hours of 10:00 PM and 6:00 AM, except for occasional supervised trips outside. 5. The hours of operation for the Canine Clipper Dog Grooming and Boarding business shall not begin earlier than 9 A.M. and shall end not later than 5 P.M., each day, Monday through Friday. 6. The number of trips generated for the dog grooming business shall not exceed five (5) trips per day. 7. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval 8. Approval of Waivers from Sections (a) and (b) shall be required. Waiver Requests The applicant has requested waivers from the following zoning ordinance requirements. [Section COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL, ANIMAL HOSPITAL, ANIMAL SHELTER (Amended ) Each commercial kennel, veterinary and animal hospital shall be subject to the following:] 1. Waiver from Section (a) Except where animals are confined in soundproofed, airconditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. For non-soundproofed animal confinements, an external solid fence not less than six (6) feet in height shall be located within fifty (50) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; Applicant s Justification: This requirement is not needed for the following reasons because the critical slopes and close proximity to adjacent property lines limit the buildable areas on the site. In addition, the 5 tall wood post and wire mesh fence is more compatible with the rural character of the area, and constructing a 6 tall solid block or brick fence would be detrimental to the property and surrounding area. The site complex is also surrounded by forest, which mitigates any noise generated from the dog grooming and boarding business. Staff Analysis: Outside areas where the dogs are allowed, as identified on Attachment B, do not meet the 500 minimum setback distance to agricultural or residential lot lines and the existing fencing materials used to confine the dogs consist of a 5 high wood post and wire mesh fence. Attachment E shows approximate distances from the kennel site to adjacent property lines and houses. The kennel is located as close as 15 to property lines west of the parcel and the nearest house is 400 northeast of the site, beyond a densely wooded area. Despite the proximity of the kennel to adjacent neighbors, seven of the nine adjacent property owners, including those whose Staff Report Page 5

6 property lines and houses are closest to the kennel, have submitted letters of support for the dog grooming and boarding business (Attachment B and Attachment D). Staff Recommendation: Staff recommends approval of a waiver from the requirements of Section (a) given that the kennel is surrounded by a wooded area, which helps to mitigate any noise generated from the dog grooming and boarding business, and the fact that a majority of the adjacent property owners, including those closest to the kennel, have submitted letters of support for the application. Furthermore, a 6 tall solid fence would not be compatible with the rural character of the area, nor would it be necessary for sound attenuation. 2. Waiver from Section (b) For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed fifty-five (55) decibels; Applicant s Justification: The kennel is believed to be mostly soundproof, and neither the residence nor the kennel can be relocated on the acre parcel due to critical slopes on the parcel which limit the buildable areas. Staff Analysis: As stated in the Section (a) staff analysis, the confinement areas for the dogs are inside wire fenced areas and inside the existing residential and board and grooming kennel structures. These areas are not soundproofed and would not meet the 200 setback requirement. The applicant notes in the application that they stop any barking immediately; however, any barking that does occur is not anticipated to exceed the maximum fifty-five (55) decibels allowed at the property lines. Also, as previously mentioned, seven of the nine adjacent property owners have submitted letters of support for this application. Staff Recommendation: Staff recommends approval of a waiver from the requirements of Section (b), as the wooded characteristics of the property would sufficiently mitigate noise generated from the dog grooming and boarding business, attested to by the fact that a majority of the adjacent property owners have submitted letters of support for this application. ATTACHMENTS Attachment A Character of Area Attachment B Concept Plan Attachment C Images of Site Attachment D Letters of Support Attachment E Distance of Kennel to Property Lines and Houses Return to PC actions letter Staff Report Page 6