5 September 10, 2014 Public Hearing APPLICANT:

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1 5 September 10, 2014 Public Hearing APPLICANT: PROPERTY OWNER: BONNEY BRIGHT STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Commercial Kennel) ADDRESS / DESCRIPTION: 5513 Buzzard Neck Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 55 acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background and Details The applicant requests a Conditional Use Permit to allow use of the site as a Commercial Kennel. The applicant breeds, trains, and shows Clumber Spaniels, and currently has four (4) dogs at the site. One of the dogs is expecting puppies, and the applicant would like to keep one of the puppies from the litter and sell the rest to the public. Since the applicant is dog breeder, she would also like the ability to sell dogs from the premises. Section 111 of the City Zoning Ordinance defines a Commercial Kennel as Any premises in which caring, breeding, housing, and keeping of dogs, cats, or other domestic animals is done for monetary purposes. Although the size and character of the applicant s current and proposed operations are more akin to a residential kennel, the sale of dogs is only permitted with a Use Permit for a Commercial Kennel. The applicant has stated that she would prefer a personal limit of five (5) dogs over six (6) months of age. The applicant operates a licensed dog breeding business, Paradise Clumber Spaniels, from the site. One female is bred at a time. All dogs are registered with the American Kennel Club, an organization that specifies pedigree standards. The site is a 55-acre working farm with a single family residence. Page 1

2 Dogs are housed in a small, climate-controlled outbuilding located within a few feet of the principal residence. This kennel structure was constructed in 1950 of concrete blocks, and contains a number of dog cages, a bathing station, a sink, and assorted other items and equipment for dog care. The exterior is painted and detailed to match the architecture of the farm house. Immediately behind the structure is an enclosed, grass-covered outdoor kennel area with a white ranch-style rail fence. Only the applicant s dogs are kept at the kennel, and animal waste is collected regularly and disposed of off-site. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling, farm, and forest / AG-1 & AG-2 Agricultural Districts SURROUNDING LAND USE AND ZONING: North: Farmland / AG-1 & AG-2 Agricultural Districts Single-family dwelling South: Farmland / AG-1 & AG-2 Agricultural Districts Single-family and mobile homes East: Farmland / AG-1 & AG-2 Agricultural Districts West: Floodplain and Forest / AG-1 Agricultural District North Landing River NATURAL RESOURCE AND CULTURAL FEATURES: Land cover on the 55-acre site is roughly on-half active farmland and one-half forested wetlands. The western forested half is impacted by the Southern Watershed Management Area (SWMA) as well as the special flood hazard area adjacent to the North Landing River. The kennel structure, however, is located approximately 1,100 feet landward of the SWMA, and over 600 feet from the special flood hazard area. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. Within this area is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan s Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. (pp.5-1 to 5-4) There is no direct impact on City services as a result of this proposal. IMPACT ON CITY SERVICES EVALUATION AND RECOMMENDATION Page 2

3 City Zoning Ordinance - Section 220 Purpose of Conditional Use Permits It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as being incompatible with the surrounding neighborhood. City Zoning Ordinance - Section Animal Hospitals, Pounds, Shelters, Commercial and Residential Kennels 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. At least one (1) off-street parking space per four hundred (400) square feet shall be provided. The applicant s proposal to allow a commercial kennel is reasonable and will have minimal or no impact on the surrounding area. The applicant has housed 4 dogs in the kennel structure without any known complaints to the City, and the addition of another dog on a 55-acre farm should not cause any nuisance to the surrounding properties. The proposed use is consistent with the Comprehensive Plan s Rural Area policies with regard to rural character and providing reasonable rural development opportunities. The kennel is heated and cooled, provides a fenced open area, complements the main house in design, and is appropriate to the activity associated with a working farm. The kennel structure is heated and air-conditioned, nearly soundproof, and well over one hundred feet from the property lines of the four adjacent lots, and as such exceeds the structural and yard requirements of Section 223 of the City Zoning Ordinance. While no site plan was submitted with this application, City maps indicate that the kennel structure is approximately 390 square feet in area, and thus requires a one parking space. Staff finds that the existing driveway is wide enough to accommodate parking for the proposed use without interfering with other farm uses on the property, and that the existing gravel is a suitable material consistent with the rural character of the site and surrounding area. The kennel structure is almost completely screened from the public right-of-way along Buzzard Neck Road by the residence, existing trees, and rail fence. Staff finds that this existing screening, while not required in the AG-2 District, is appropriate and more than sufficient for the intended use. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Unless otherwise limited by Animal Control, the maximum number of dogs over six (6) months of age shall be five (5). Page 3

4 2. All dogs shall be housed within the kennel structure. 3. The applicant shall ensure that the dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing kennel structure, outdoor area, and fence shall be maintained in good condition. 5. All dogs, when outside the kennel structure or outdoor area, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 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 4

5 AERIAL OF SITE LOCATION Page 5

6 Kennel Structure Bright Residence PROPOSED ON-SITE LOCATION Page 6

7 1 ZONING HISTORY # DATE REQUEST ACTION 2 06/06/1995 Subdivision Variance Approved Page 7

8 KENNEL STRUCTURE Page 8

9 KENNEL INTERIOR Page 9

10 GOOGLE STREETVIEW OF SITE FROM BUZZARD NECK RD Page 10

11 CLUMBER SPANIEL Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13