PUBLIC HEARING AGENDA REQUEST

Owner/Applicants:                                                   Board of Supervisors Meeting Date:

 Dr. Phyllis A. Giroux                                                                                     October 20, 2003

Staff Lead:                                                                                                       Department:

Charles A. Floyd, Senior Planner                                                    Community Development

Magisterial District:                                                                                                     PIN:

Cedar Run                                                                                                  7825-74-5296-000

Topic:   A Resolution Approving SPEX04-CR-004: A Category 9 Special Exception to Allow For Class “C” Dog Field Events

Topic Description:

The applicant is seeking Special Exception approval for Class “C” dog field events on approximately 80 acres of a ±115.17-acre parcel, in the Rural Agriculture zoning district. As proposed, three different types of dog field events, with a total of ten (10) events per year, would be held.  They are described by the applicant as follows:

·        Field Test Retriever Events

·        Obedience or Agility Events

·        Performance Events such as Earthdog, Terrier Trials, or Herding Tests

A typical event may start on a Thursday or Friday from approximately 10:00 A.M. to 6:00 P.M to allow for set up of the competition area.  The main event day(s) would be on Friday, Saturday, and/or Sunday, with hours of operation from approximately 8:30 A.M. until 6:00 P.M.   A typical event will attract from fifty (50) to eighty (80) dogs with approximately seventy (70) to one hundred (100) persons in attendance or being involved with the event.  A regional benefit may be held once a year and may attract a greater number of people and dogs.  See Attachment 1 for the applicant’s statement of justification and Attachment 4 for the Special Exception Plat.

Requested Action of the Board of Supervisors:

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

Background:

In 1998, the Fauquier County Board of Zoning Appeals approved a Special Permit that allowed Deep Run Farm to become a kennel, dog grooming facility, and veterinarian clinic.  The Board of Zoning Appeals’ minutes are included in Attachment 2.  Deep Run Farm is under the ownership of Dr. Phyllis Ann Giroux, licensed in the State of Virginia to practice as a veterinarian.  Under Dr. Giroux, Deep Run Farm has acted in its capacity as kennel, dog-grooming facility, and veterinarian clinic for the past five (5) years.  Also, Dr. Giroux and Deep Run Farm were granted, by the Board of Zoning Appeals, the right to use shotguns in training regimens.

In 1999, the Fauquier County Board of Supervisors granted Dr. Giroux and Deep Run Farm a Special Exception for Class “C” dog field events.  This request was granted for three (3) years, and expired in 2002.  The previous Special Exception granted the Applicant six (6) events per calendar year, and limited the cumulative number of attendees per event to four hundred fifty (450).  This request, for example, changes the number of events to ten (10) events annually plus one (1) regional as well as changing the threshold number of competitors, staff, and associated personnel and spectators.  See Attachment 3 for previous Special Exception Conditions.

No new structures will be added with the implementation of this Special Exception.  Also, all conditions imposed by the Board of Zoning Appeals associated with Special Permit #46702 will apply, unless otherwise noted.

The Fauquier County Zoning Ordinance provides that a Special Exception for a Class “C” Spectator Field Event be limited to no more that one thousand (1,000) cumulative attendees per event, with no event exceeding three days in length.  Eligible properties shall have a minimum of fifty (50) acres with a minimum of three hundred (300) feet of frontage on a major collector.  No structure shall be closer than one-hundred (100) feet from any property line.

Planning Commission Action:

On September 25, 2003 , the Planning Commission held a public hearing and recommended approval of SPEX04-CR-004, subject to the following conditions:

1.      This Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.      This Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

3.      A Minor Site Plan shall be submitted and approved by the Fauquier County Zoning Office.  The Site Plan shall be generally consistent with the plat approved with this Special Exception, with modifications only as necessary to meet the requirements of the Zoning Ordinance.

·        A dustless surface waiver will need to be submitted to the Fauquier County Zoning Office with the Minor Site Plan.

4.      This Special Exception shall be granted for the period beginning with the date of Site Plan approval and shall expire three (3) years from that date.  Should there be no violations associated with this use, three (3) additional years shall be granted administratively by the Fauquier County Zoning Administrator.

5.      This Special Exception is subject to the provisions of the Fauquier County Zoning Ordinance, as may be determined by the Fauquier County Department of Community Development.

6.      The Special Exception holder shall provide adequate security, emergency, traffic control, sanitation, and refreshment services at every Class “C” event or activity.  At least thirty (30) days prior to holding a Class “C” event, the holder of the Special Exception for the property upon which a Class “C” event will be held shall provide to the Zoning Administrator written proof, including copies of any permits or licenses if required, from the following agencies that traffic control, security, emergency services and on-site sanitary and refreshment facilities are adequate for the size and type of event to be held:  Fauquier County Emergency Services, Fauquier County Sheriff’s Office, Virginia Department of Transportation (VDOT), and Fauquier County Health Department.

7.      All entrances shall be approved by VDOT in accordance with the Minimum Standards of Entrances to State Highways.

8.      All entrances shall meet VDOT’s minimum sight distance standards.

9.      The Virginia Department of Transportation (VDOT) and the Department of Community Development shall determine all entrances for ingress/egress to events.  The entrance(s) shall be from either Sillamon Road or Blackwells Mill Road .

10.  No artificial lighting shall be installed nor shall it be used for any event.

11.  No amplified sound shall be permitted.

12.  Events shall be limited to the following:

A.     Ten (10), three (3) day dog field events to be held either Thursday, Friday, and Saturday, or Friday, Saturday, and Sunday.

1.      Total attendance including staff, judges, volunteers, stewards, trainers, grooms, and spectators shall not exceed 200 persons per day.            

2.      Access to site shall be available no earlier than 7:00 A.M.

3.      The total number of dogs on the site shall not exceed 80 per event.

4.      Use of shotguns shall be limited to Thursday, Friday, Saturday, and Sunday between the hours of 8:30 A.M. and 6:00 P.M.

5.      Hours of Operation shall be limited to:

      Thursday:   8:30 A.M. to 6:00 P.M.

                                                                              Friday:        8:30 A.M. to 6:00 P.M.

                                                                              Saturday:   8:30 A.M. to 6:00 P.M.                                                                                                                OR

                                                                              Friday:        8:30 A.M. to 6:00 P.M.

                                                                              Saturday:    8:30 A.M. to 6:00 P.M.

                                                                              Sunday:      8:30 A.M. to 6:00 P.M.

B.     One (1) regional event, per calendar year, to be held on Thursday, Friday, and Saturday, or Friday, Saturday, and Sunday.

1.      Total attendance including staff, judges, volunteers, stewards, trainers, grooms, and spectators shall not exceed 300 persons per day.

2.      The total number of dogs on the site shall not exceed 100 for this event.

3.      Use of shotguns shall be limited to Thursday, Friday, Saturday, and Sunday between the hours of 8:30 A.M. and 6:00 P.M.

Staff Analysis:

As shown on the following location map, the subject property is located on the east side of Blackwells Mill Road (Route 617) south of its intersection with Sillamon Road (Route 752), north of the Village of Goldvein .  The property is zoned Rural Agriculture (RA). 

Adjacent properties to the north, south, east, and west are zoned Rural Agricultural (RA).  One adjacent property is Clevers Oak Baptist Church .  

Location Map

    

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. 

Comprehensive Plan

The subject property is designated for rural agricultural uses in the Comprehensive Plan. Similar properties in size and land use designation surround Deep Run Farm.

Engineering Considerations

The County Engineer ’s Office has reviewed the Special Exception Plat and has the following comments:

  • The buffering of parking is required under Section 5-901 of the Zoning Ordinance.
  • The proposed entrance on Sillamon Road does not appear to meet the minimum site distance requirement. The Fauquier County Engineering Office recommends that access should be from Blackwells Mill Road .
  • The vehicle count and participant numbers appears to be underestimated. The vehicle trips per day (VPD) are probably higher than 25 – 45 as predicted based on information given.
  • It is not clear how the Sunday hours of operation will affect church traffic to and from Clevers Oak Baptist Church .
  • It appears that guns are going to be used.  If live ammunitions are utilized, they should be used within a safety zone.  Event Area II is located near an adjacent residential property line.  Please provide buffering to this property.
  • The type of restroom facilities needs to be indicated.

·        There is a house on the adjacent property to the South. There does not appear to be any buffering or screening between Event Area II and this house.

Transportation Considerations

The Virginia Department of Transportation has reviewed the Special Exception application and has provided the following comments:

·        The site must have an approved commercial entrance, by VDOT, in accordance with the Minimum Standards of Entrances to State Highways.

·        The entrance must meet minimum sight distance requirements.

Planning Considerations

·        All conditions of Special Permit # 46702 are to be met (Attachment 2).

·        Zoning Ordinance Article 5-916.2 states that the subject property must have a minimum of 300 feet of frontage on a road designated by the County as a major collector or higher.  Blackwells Mill Road and Sillamon Road are not major collectors.  The Planning Commission should make a recommendation to the Board of Supervisors as to whether the type and amount of traffic generated by the proposed events is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.  

Attachments:

1.      Applicant’s Letter of Justification

2.      Board of Zoning Appeals Minutes for Special Permit #46702

(Phyllis Ann Giroux)

3.      Special Exception Conditions dated 1-19-99

4.      Special Exception Plat