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Applicant & Property Owner Nina & William Gilbert Public Hearing June 13, 2018

City Council Election District Princess Anne

Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Robert Davis Location 5716 Blackwater Road GPIN 1398176071 Site Size 3.23 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling, cultivated fields / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling, cultivated fields / AG-2 Agricultural South Single-family dwelling, cultivated fields / AG-2 Agricultural East Cultivated fields / AG-1 Agricultural West Blackwater Road Cultivated fields / AG-2 Agricultural

Agenda Item 3

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• The applicant currently owns 10 hunting dogs and one companion dogs. Due to the number of dogs on the

property, the applicant recently became aware of the need for a Conditional Use Permit for a Residential Kennel.

• The applicant proposes to typically have up to 15 adult dogs on the site; 12 for hunting and three as companion dogs.

• The property is developed with a single-family dwelling and several accessory structures. Three kennels are

located in the back yard, one for companion dogs and two for hunting dogs. The kennel for the companion dogs is 20 feet by 20 feet and is enclosed by commercial grade welded wire. The kennels for the hunting dogs are 10 feet by 30 feet and 10 feet by 35 feet, each with a concrete floor and enclosed by commercial grade welded wire.

• 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 existing kennels are located within 50 feet the adjacent property lines and, as such, the applicant is requesting a deviation to this requirement.

Zoning History # Request 1 CUP (Home Occupation) Approved 12/10/1993

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

In Staff’s opinion, the proposed request for a Residential Kennel is an appropriate activity in the rural area of Virginia Beach. It is not unusual for hunters to keep dogs on their property in the southern part of the city. All of the kennels are located towards the rear of the property and, although located within 100 feet of adjacent property lines, are several hundred feet from the closest residential structure. The applicant has submitted several letters of support from the surrounding property owners. Based on this, Staff supports the deviation, and as per Section 221(i) of the Zoning

Background and Summary of Proposal

Evaluation and Recommendation

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Ordinance, recommends approval of this adjustment, and recommends approval of this application subject to the conditions below.

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.

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.

The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. 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 against inappropriate activities and intense growth pressures.

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

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.

Recommended Conditions

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Public Utility Impacts

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Site Layout

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Site Photos

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement