PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Richard and Patrice Grandy, Owners

  Scott and MaryAnn Robertson, Applicants

 

April 19, 2004

Staff Lead:

 

Melissa Dargis, Assistant Chief of Planning

 

Department:

 

Community Development

 

 

 

Magisterial District:

 

Cedar Run

 

PIN:

 

6990-14-0393-000

 

 

 

Topic:

 

A Resolution to Approve SPEX04-CR-015: A Category 13 Special Exception to Allow for a Kennel Offering Boarding of Pets, Grooming, Indoor Obedience Training and Doggy Daycare

 

Topic Description:

 

The applicants are seeking a Category 13, Commercial Business and Personal Services, Special Exception approval for a kennel boarding pets, grooming, indoor obedience training and doggy daycare.  The property is located at 10104 Green Road (Route 674) near the intersection of Old Marsh Road (Route 837) within the Village of Liberty.  The applicants seek to use approximately two (2) acres of a total 13-acre site for the kennel operation.  The remainder of the acreage will be used for farming and also includes the applicants’ proposed residence.  The existing barns will be converted into the kennels, so the property will maintain its farm aesthetic.  The parcel is in the Rural Agricultural (RA) zoning District and is part of the Southern Fauquier Agricultural and Forestal District.

 

The applicants have proposed 54 dog suites, which would be limited to 75 dogs per day, based on the conditions proposed by the Planning Commission.  Training classes would be limited to ten (10) dogs per class for four (4) classes per year.  Cat boarding would be limited to 20 cats per day.  Doggy daycare would be limited to 10 clients per day, with no daycare permitted on Sundays.

 

Requested Action of the Board of Supervisors:

 

Hold a public hearing and consider adoption of the attached resolution.

 

 

 

Financial Impact Analysis:

 

There is no financial impact associated with this application.

 

Summary Staff Report:

 

Proposal:

 

The 13-acre property is one of 253 properties that comprise the 19,212-acre Southern Fauquier Agricultural and Forestal District, which expires on February 16, 2006.  The property has been in the Agricultural and Forestal District since September 20, 1983.  Normally, the proposed uses are allowed by Special Permit within the Rural Agricultural (RA) zone.  However, the County requires properties located in Agricultural and Forestal Districts to receive Special Exception approval by the County Board of Supervisors prior to site plan submittal for uses usually approved as Special Permits. 

 

Ten dogs per acre are allowed at the kennel per the Zoning Ordinance Category 13 standards.  The conditions proposed by the Planning Commission would permit up to a maximum of 119 dogs per day.  The entire 13-acre parcel is subject to the Special Exception.  However, the applicants intend to utilize only two (2) acres for the proposed boarding kennel.  The 11-acre portion of the property will remain in agricultural uses.

 

Planning Commission Action:

 

On February 19, 2004, the Planning Commission held a public hearing on the proposal and postponed action to allow for a site visit.  On March 11, 2004, the Planning Commission and a representative from the Virginia Department of Transportation attended the site visit.  After the March 25, 2004 public hearing, the Planning Commission recommended approval of SPEX04-CR-015, subject to the following conditions:

 

  1. The approved Special Exception shall be granted for and run with the land indicated in this application and shall not be transferable to other land.

 

  1. The subject parcel under this Special Exception shall not be subdivided without amendment to the Special Exception in accordance with the provisions of Article 5 of the Zoning Ordinance.

 

  1. The term of this Special Exception shall be limited to three (3) years from the date of site plan approval, but may be extended on an annual basis by the Zoning Administrator in accordance with the provisions of Section 5-012 of the Zoning Ordinance for seven (7) annual extensions, a total of ten (10) years. Thereafter, the Special Exception must be renewed in accordance with Section 5-013 of the Zoning Ordinance.

 

  1. The dog grooming use shall be limited to no more than 24 grooming clients per week with no grooming clients permitted on Sundays.  However, this condition does not limit the grooming of boarded dogs.

 

  1. The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday, 8:00 a.m. to noon Saturday and 1:00 p.m. to 8:00 p.m. Sunday.

 

  1. The dog boarding use shall be limited to boarding of no more than 75 dogs per day.  And, the proposed training classes shall be limited to ten (10) dogs per class for four (4) classes per year.  The cat boarding shall be limited to no more than 20 cats per day.

 

  1. The dog daycare portion of the operation shall be limited to 10 clients per day, with no daycare permitted on Sundays.

 

  1. Any expansion of the boarding, daycare, grooming, or training uses shall require amendment to this Special Exception approval.

 

  1. The applicants shall maintain the farm building appearance of any remodeled or reconstructed buildings used for the kennel/day care operation.

 

  1. The applicant shall file a site plan within one year of approval of this Special Exception.

 

Land Area, Location and Zoning:    

 

The property is located in Bealeton at 10104 Green Road (Route 674) near the intersection of Old Marsh Road (Route 837).  The property is zoned Rural Agricultural (RA).  A map of the property is shown below.

 

                         

 

Neighboring Zoning/Land Use:

 

The property is currently zoned RA (Agriculture).  Consistent with this zoning category, this property is located in a district that contains the areas where agriculture and forestry are the predominant uses or where significant agricultural lands or large lot type residential development exists. While the property borders the Village of Liberty, the properties on three sides of the subject property are also zoned RA.

 

Staff Analysis:

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below. The actual responses from referral agencies are included as attachments.

 

Code Requirements

 

The proposed kennel operation must be consistent with the requirements of Section 5-1301 (Additional Standards for Kennels):

 

1.   The minimum lot size requirement shall be two (2) acres.

 

2.   No structure for the confinement, care or breeding of dogs, and no associated structure shall be located closer than 75 feet to any lot line, except that this requirement shall not apply to structures which are completely enclosed, adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to other properties in the area.

 

3.   All dogs shall be kept in pens designed and maintained for secure confinement.

 

4.   In consideration of an application for a permit, the Board of Zoning Appeals (BZA) shall take into account the numbers and kinds of dogs proposed to be kept and the characteristics thereof and may prescribe conditions with respect thereto.

 

5.   Maximum of ten (10) dogs per acre.

 

Virginia Department of Transportation 

The Warrenton Residency staff reviewed the above referenced Special Exception dated January 9, 2004, and has the following comments: 

1.      Under Virginia Administrative Code § 24 VAC 30-71-10 a Commercial Entrance is needed to serve all entities other than an individual private residence.  This planned use will generate vehicular traffic to a residence.  The entrance must be constructed in accordance with VDOT’s Minimum Standard of Entrance to State Highways and must meet minimum sight distance requirements.  An updated entrance permit and appropriate entrance improvements are the responsibility of the owner. 

Staff Comments: 

During the March 11, 2004 site visit, the applicant and the VDOT representative discussed the site specific refinements that would be necessary in order to create the appropriate commercial entrance for the site.  The applicant intends to implement the VDOT recommendations and standards. 

2.      The number of trips per day with the dog daycare would represent a significant impact on Green Road.  The 68 estimated trips per day with the dog daycare would double the number of trips currently on the road.  The dog daycare would concentrate the bulk of the trips in a small window of time during the peak times on the road.  The remaining uses should distribute the trips in such a manner that there will be no significant impact, and many of the trips should be during off peak times.  We recommend that the dog daycare be removed from the special exception, and that conditions be placed that no increase in the usage be approved until Green Road has been upgraded. 

Staff Comments: 

Trip generation associated with this new business is dependant on the number of clients, workers and other business or service trips.  The applicants estimate approximately 30 trips per day on average (this figure includes employees and deliveries) as they do not anticipate that a new business would be at peak capacity during the initial start-up phase.  It is also unlikely that the facility would have 100% occupancy or hypothetically have all of the clients arrive or depart at the same time or day.  It is more likely that the trips will be distributed throughout the day and therefore not impact peak periods.  The applicant has also reduced some services and total numbers of animals in order to minimize impact to Green Road.  It should also be noted that the site does have administrative subdivision potential and that that some of the Planning Commissioners indicated that keeping the parcel intact and maintaining its farming and agricultural characteristics would be preferable to breaking up the parcel to build additional residences.  In addition, the site activities have been limited on Sundays to address the traffic impacts associated with the church located nearby on Green Road.

 

Health Department 

Although the Health Department does not regulate disposal of animal waste, they offered a recommendation to the applicants for the new drain field that will serve the proposed kennel operation.  The applicants have indicated that they intend to follow the Health Department’s suggestion and they will install a grinder pump on the (separate) septic system that will be used for their business. 

 

Summary and Recommendations:

 

Staff recommends that the Board of Supervisors consider approval of the Resolution for SPEX04-CR-015: A Category 13 Special Exception to allow for a kennel offering boarding to pets, grooming, indoor obedience training and doggy daycare, as recommended by the Planning Commission.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

 

  1. Fauquier County Department of Community Development
  2. Virginia Department of Transportation
  3. Virginia Department of Health

 

 

ATTACHMENTS:

 

  1. Special Exception Plat
  2. Virginia Department of Transportation Comments
  3. Applicants Letter of Justification