2 August 8, 2012 Public Hearing APPLICANT & PROPERTY OWNER: BARBARA L. TYNES

Transcription

1 2 August 8, 2012 Public Hearing APPLICANT & PROPERTY OWNER: BARBARA L. TYNES REQUEST: Conditional Use Permit (residential kennel) STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: 1928 Stanhope Court GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: 5,100 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a residential kennel for up to eight adult dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more four adult dogs. All dogs in the home are small breeds: one Shih Tzu, one Yorkshire Terrier, and five Chihuahuas. The applicant is interested in adding a male Chihuahua for breeding purposes. While the applicant is not affiliated with any rescue organization, most of these dogs were acquired as a result of the dog s owner passing away. The applicant lives in a single-family dwelling and the animals spend most of their time inside the home. The rear yard is fenced and provides ample area for these small dogs to exercise. EXISTING LAND USE: Single-family dwelling LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Single-family dwellings / R-5D Residential District South: Single-family dwellings / R-5D Residential District Page 1

2 East: Single-family dwellings / Conditional R-10 Residential District West: Stanhope Court Single-family dwellings / R-5D Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The parcel is located within the Southern Watersheds Management Area. There do not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The subject parcel is located within the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new uses, whether residential or non-residential, either maintain or enhance the overall uses located in the area. This is accomplished by having all new proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES No impact to City services is anticipated. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicant s dogs are kept inside the home except when the applicant is present in the backyard with them. The majority of the time, the dogs remain inside the dwelling; however, a fenced yard provides a safe outdoor area for the dogs. Several concerns have been reported to Animal Control ranging from barking dogs to a dog bite. No disturbances have been reported to the Zoning Office of the Planning Department. As the role of the Planning Commission is to review land use issues, Staff is recommending conditions that relate solely to Section 223 of the Zoning Ordinance that specifically address use of the property for a residential kennel. Section 223 states: Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. Page 2

3 At least one (1) off-street parking space per four hundred (400) square feet of floor area shall be provided. However, in residential kennels, this off-street parking requirement shall not apply but shall be as specified in the conditional use permit. The applicant meets these requirements; therefore, Staff recommends approval subject to the conditions below. CONDITIONS 1. Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only those specific eight (8) small breed dogs identified by the applicant as one (1) Shih Tzu, one (1) Yorkshire Terrier, six (6) Chihuahuas. No other dog(s) of any kind, gender, age, or breed shall be permitted on the property, except that, at such time as these identified dogs die, the applicant shall be limited to no more than three (3) dogs, which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator). NOTE: 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. Page 3

4 AERIAL OF SITE LOCATION Page 4

5 No Zoning History to report. ZONING HISTORY Page 5

6 DISCLOSURE STATEMENT Page 6

7 DISCLOSURE STATEMENT Page 7