9 September 12, 2012 Public Hearing APPLICANT:

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1 9 September 12, 2012 Public Hearing APPLICANT: PROPERTY OWNER: THOMAS AND REQUEST: Conditional Use Permit (Residential Kennel) STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: 4677 Ardmore Lane GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: 7,498 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST This is a request for a Conditional Use Permit to allow eight dogs in a residential single-family dwelling. The applicant currently has eight Shih Tzu. This breed ranges in size from 8 to 11 inches in height and weighs between 9 to 16 lbs. A majority of the time, the dogs remain inside the home. A fenced yard does provide an outdoor area for the dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more than four dogs. EXISTING LAND USE: Single-family dwelling LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Ardmore Lane Single-family dwellings / R7.5 Residential District South: Single-family dwellings / R7.5 Residential District Page 1

2 East: Single-family dwellings / R7.5 Residential District West: Single-family dwellings / R7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The parcel is located within the Southern Watersheds Management Area. There are no significant environmental or cultural features on this site. COMPREHENSIVE PLAN: This parcel is located within the Suburban Area. Planning principles have been established to preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goal of preserving neighborhood quality 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. ANIMAL CONTROL: Two animal related issues have been reported EVALUATION AND RECOMMENDATION The applicant has eight Shih Tzu. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel whenever a homeowner has more than four dogs. The dogs range in age from 1 year to 3 years. The applicant does not plan on breeding any of the dogs. 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 has indicated that the dogs remain inside the dwelling a majority of the time. A fenced in backyard does provide an outdoor area for the dogs. There were two reports to Animal Control (Police Department) for animal related issues. One report was for barking dogs but upon arrival no dogs were barking. A warning was issued. The second report was a domestic disturbance that pertained to the dogs and more of a civil matter. 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. Page 2

3 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. 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 the requirements dealing directly with land use. Staff has received opposition from adjacent neighbors. There may be disruption in the quality of life to those living in close proximity to the applicant. Staff is recommending a condition that a one year administrative review be performed from the date of approval in an effort to monitor any future complaints. Staff recommends approval of this request 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) Shih Tzu identified by the applicant. 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 four (4) 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 PROPOSED SITE PLAN Page 5

6 PHOTOGRAPHS OF HOME Page 6

7 PHOTOGRAPHS OF SOME OF THE DOGS Page 7

8 ZONING HISTORY There has been no recent zoning-related activity in this area. Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10