C.A.R.E.S. Agenda Item 5 Page 1

5 June 13, 2012 Public Hearing

APPLICANT:

CARES, INC.

PROPERTY OWNER:

MARK HACKATHORN

STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (residential kennel) ADDRESS / DESCRIPTION: 2701 Shirley Landing Drive

GPIN: 13983198110000

ELECTION DISTRICT: PRINCESS ANNE

SITE SIZE: 6.7 acres

AICUZ: Less than 65 dB DNL

This site was part of a seven-lot alternative residential development, which required a Conditional Use Permit, approved by City Council in 1999. The applicant requests a Conditional Use Permit for a residential kennel. Specifically, the property owner, Mr. Hackathorn, his wife, and a Board of Director’s operate CARES, Inc. – Canine Assisted Rehabilitation and Education Services – which is a 501C3 nonprofit organization. Mr. Hackathorn has been a dog trainer and breeder of Goldendoodles for over 30 years and specializes in Diabetic Alert Dogs. CARES, Inc. would like to operate on the Hackathorn’s property to train dogs and also, from time to time, rescue dogs that fit their criterion in terms of temperament, drive and scent/tracking ability. CARES, Inc. is not a rescue operation per say but rather a training service for Diabetic Alert Dogs. The organization placed 12 rescued dogs in 2011 for Diabetic Alert and hopes to rescue, train, and place 20 such dogs in 2012. CARES, Inc. also plans to breed up to four litters per year of Goldendoodles on the property as this breed, according to the applicant, was developed specifically to be service dogs due to their intelligence and temperament. A 40 foot by 60 foot metal building is proposed to house the state of the art facility to train up to seven dogs per quarter. The building will be heated and air-conditioned with 15 individual indoor runs, two training rooms and indoor play areas.

SUMMARY OF REQUEST

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LAND USE AND PLAN INFORMATION EXISTING LAND USE: single-family dwelling SURROUNDING LAND USE AND ZONING:

North: Single-family dwelling / AG-1 Agricultural District South: Single-family dwelling / AG-1 Agricultural District East: Marsh, woods / AG-1 Agricultural District / B-2 Community

Business District West: Single-family dwellings / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is within the Southern Watersheds Management Area. Along the eastern property line, a large, wooded marsh ultimately leads to the North Landing River. There is a 50 foot buffer that will remain undisturbed as required by the Southern Watersheds Management Area Ordinance.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City 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. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures.

CITY SERVICES

No impact to City services expected. Neither City water nor sewer is available to the site. Private wells and septic system are on site.

The request for a nonprofit residential kennel on this 6.70 acre site is recommended for approval. 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 proposed structure will have conditioned air and will be located more than 80 feet from the closest property, a parcel with a Conditional Use Permit for boarding and training horses. Staff’s position is that this request to provide lifesaving scent training for up to four litters of Goldendoodles per year is a community service worthy of support. Staff recommends approval of this request with the conditions below.

EVALUATION AND RECOMMENDATION

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CONDITIONS

1. No more than 15 adult dogs shall be permitted to live on the property at any time.

2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis.

3. All dogs shall be current with all required shots and shall be properly licensed through the City of

Virginia Beach.

4. No land disturbance or dog runs shall be permitted within the 50 foot Southern Watersheds Management Area buffer.

5. The kennel building shall have a footprint no greater than 3,000 square feet, shall have an earth tone exterior color and shall be limited to no more than 42 feet in height. The location of the building shall be in substantial conformance with the plan entitled, “ Lot 4, Shirley Landing,” prepared by Mel Smith & Associates and is on file with the Planning Department.

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.

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AERIAL OF SITE LOCATION

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SITE SURVEY SHOWING PROPOSED LOCATION OF KENNEL

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ZONING HISTORY

# DATE REQUEST ACTION

1 09/22/09 CUP (alternative residential development) Granted

2 09/22/09 CUP (communications tower) Withdrawn

3 07/14/09 08/17/81

MOD (church addition) CUP (church)

Granted Granted

4 09/15/00 CUP (horses for hire & boarding & riding academy) Granted

5 08/10/99 08/10/99

SVR CUP (alternative residential development)

Granted Granted

4

2

1

5

3

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT