Applicant KI Kennels, LLC Agenda Item Property Owner Karen ...

KI Kennels, LLC Agenda Item 7

Applicant KI Kennels, LLC Property Owner Karen Brumley Pool Public Hearing July 10, 2019

City Council Election District Princess Anne

Request Conditional Use Permit (Commercial Kennel) Staff Recommendation Approval Staff Planner Jonathan Sanders Location 6444 Knotts Island Road GPIN 2337815635 Site Size 3.24 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwellings / AG-1 & AG-2 Agricultural South Cultivated field / AG-1 & AG-2 Agricultural East Field & woods / AG-1 Agricultural West Knotts Island Road Woods / AG-2 Agricultural

Agenda Item 7


• The applicant is requesting a Conditional Use Permit for a Commercial Kennel on this 3.24-acre property located

in the southern part of Virginia Beach in the Princess Anne District. The purpose of the kennel is to provide overnight accommodations as well as daytime care for up to eight dogs within an existing ancillary building on the property. The applicant also proposes to have no more than four personal dogs on the site, which will stay within the house and not in the kennel building.

• The property is developed with a single-family dwelling and an accessory building behind the dwelling.

• The dogs on the site for boarding and day care will be kept primarily indoors within the southern half of the 1,000 square foot building that is both heated and air-conditioned. The building has insulation installed on all sides and along the ceiling to control the temperature and to assist with sound buffering. The northern half of the building is planned to contain the property owner’s office and area for storage.

• The adjacent neighbor’s house to the north is approximately 200 feet from the kennel building. On the southern side of the building, which faces a large cultivated field, a fenced outdoor kennel area is planned.

• Section 223 of the Zoning Ordinance requires that except where animals are kept in soundproof, air-conditioned

buildings, no structure occupied by animals shall be located within 100 feet of an adjacent property line. The proposed kennel is located 22 feet from the adjacent property line on the east and 37 feet from the adjacent property to the north and, as such, the applicant is requesting a deviation to this setback requirement.

• A sign is not proposed to be installed. The Zoning Ordinance permits one sign, not greater than 16 square feet, for this site.

Zoning History # Request 1 CUP (Alternative Residential Development) & SVR

Approved 02/14/2006 2 SVR Approved 09/13/2005

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

Background and Summary of Proposal

1

2


This request for a Conditional Use Permit for a Commercial Kennel is acceptable. In Staff’s opinion, this kennel, which is proposed on a rural 3.24-acre parcel and will be within a building approximately 200 feet from the nearest adjacent dwelling, is compatible with the surrounding uses and is an appropriate activity in the rural area of Virginia Beach. While the structure is not fully soundproofed, Staff supports a deviation to the setback requirement due to the distance from the existing residence and the structure as well as the building being insulated providing some sound attenuation. Per Section 221(i) of the Zoning Ordinance, the City Council may approve the deviation. Staff recommends approval of this adjustment and to the application subject to the conditions below.

1. In addition to up to four of the owner’s dogs, there shall be no more than eight dogs for the commercial kennel

kept on the property at any time.

2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition.

3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis.

4. The applicant shall ensure that all dogs are properly vaccinated and immunized.

5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance.

6. The dog kennel structure shall be located no closer than 22 feet from a property line as depicted on the exhibit on page 5 of this report. This location is a deviation to the 100-foot setback required by the Zoning Ordinance.

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 approvals allowed by this application 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.

The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms, and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach’s valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. In Staff’s opinion, the proposed Commercial Kennel is compatible with the surrounding uses and is an appropriate activity in the rural area

Evaluation and Recommendation

Recommended Conditions

Comprehensive Plan Recommendations


The subject property is located within the Southern Rivers Watershed. There are no known significant cultural resources on this site.

Street Name Present Volume Present Capacity Generated Traffic

Knotts Island Road No Data Available No Data Available Existing Land Use 1 - 10 ADT

Proposed Land Use 2 - 42 ADT 1 as defined by a single-family dwelling 2 as defined by a single-

family dwelling

Water & Sewer This property is not served by City water or sewer. The private well and septic system is currently approved by the Health Department.

Planning Commission

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, May 26, 2019 and

Sunday, June 2, 2019 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the

Planning Commission public hearing on May 27, 2019 • Due to the cancelling of the June 12, 2019 Planning Commission, all items scheduled were moved to the July 10,

2019 Planning Commission Hearing. All items were advertised for a second time in the Virginia Pilot Beacon on Sunday, June 30, 2019 and Friday, July 5, 2019. Also, notification letters were re-sent to all adjacent property owners on Wednesday, June 26, 2019 to ensure that they were aware of the new hearing date.

• This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on June 6, 2019.

City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 4, 2019 and

Sunday, August 11, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date

of the City Council’s public hearing on August 5, 2019. • The City Clerk’s Office posted the materials associated with the application on the City Council website of

https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 16, 2019.

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Public Outreach Information

http://www.vbgov.com/pc

https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf


Proposed Site Layout

Proposed Kennel

House


Site Photos


Disclosure Statement


• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.

• Following City Council’s decision, the applicant will receive a decision letter from Staff.

• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.

• If the request requires land disturbance and/or a subdivision of property, please contact the Development

Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610.

• Please note that 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 approvals allowed by this application 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.

Next Steps

Applicant KI Kennels, LLC Agenda Item Property Owner Karen ...

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