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HomeMy Public PortalAboutTLOA-2020-0001 Doggie Daycare and Catteries Date of Commission Meeting: June 18, 2020 TOWN OF LEESBURG PLANNING COMMISSION PUBLIC HEARING Subject: TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Staff Contact: Mike Watkins, Zoning Administrator Applicant: Amendments initiated by Town Council Proposal: Zoning Ordinance text amendment to create the Doggie Day Care use, and permit the overnight boarding of dogs and cats at Doggie Day Cares and Catteries. Planning Commission Action Date: September 26, 2020 Recommendation: Staff recommends approval of the amendments to the Zoning Ordinance as presented in this report. Acceptance Date: This amendment was initiated by Town Council on February 25, 2020. Web Link: A comprehensive listing of all application documents is found on the Town website: https://www.leesburgva.gov/government/departments/planning- zoning/2018-2019-leesburg-zoning-ordinance-and-town-plan-amendments Suggested Motions: Approval I move that Zoning Ordinance Amendment TLOA 2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery be forwarded to the Town Council with a recommendation of approval, on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. - Or – Denial I move that Zoning Ordinance Amendment TLOA 2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery be forwarded to the Town Council with a recommendation of denial, on the basis that the amendments do not further the objectives of the Town Plan and that TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Planning Commission Public Hearing June 18, 2020 Page 2 of 7 the proposal will not serve the public necessity, convenience, general welfare and good zoning practice, based on the following findings: ________________________________. - Or - Alternate Motion: I move that Zoning Ordinance Amendment TLOA 2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery be forwarded to the Town Council with the following amendments: ____________________________________________. Background Town Council initiated this amendment to the Zoning Ordinance as a result of two businesses desiring to locate in the Village at Leesburg. These businesses include a “cat café” and a doggie day care. These businesses include the overnight stay of a cat or dog. There are limitations in the Zoning Ordinance that currently prevent this. These restrictions include: • The limited number of zoning districts that permit Kennels. • Distinguishing Kennel from Doggie Day Care. • The limited permitted uses in the B-4 and PRC districts. By coincidence, both businesses would like to locate at the Village at Leesburg. The Village at Leesburg was rezoned to the B-4 (Mixed-Use Business District) and the PRC (Planned Residential Community) District, initially with TLZM-2004-0008. Uses at the Village at Leesburg are subject to substantial conformance with a Concept Development Plan and proffers. The Village at Leesburg was planned and constructed with a “main street” approach, where uses (including residential) are vertically integrated into aesthetically pleasing buildings that frame a pedestrian friendly environment. This type of development has become desirable for both residents and businesses, both of which wanting to be collocated in a well-designed “place”. One of the proposed uses in this text amendment is a “cat café”. This use would permit the interaction of store patrons with cats and one of the key reasons for this is to encourage cat adoptions. This interaction occurs at the place of business while shoppers look for cat accessories, or during a consultation with a design consultant who specializes in at-home accommodations for pets. Interaction with cats is also provided through planned activities such as art classes, exercise or yoga classes, or programs for service groups or senior citizens. During non-business hours, the cats are kept on premises. This use fits within the current definition of Cattery in Zoning Ordinance Section 18.1.27.1. Cattery is defined as: TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Planning Commission Public Hearing June 18, 2020 Page 3 of 7 Any place or establishment located within a fully-enclosed structure, in which cats are kept or boarded for a fee. However, ‘Cattery’ is not currently included as a Personal Service use, and would not be permitted in the PRC portion of the Village at Leesburg. This amendment would allow catteries as a permitted use in the PRC and B-4 district subject to compliance with use standards contained in Section 9.3.12.1. Doggie Day Care was recently added to the Zoning Ordinance as a special exception in the B-2, B-3, B-4 and I-1 zoning districts. The addition of this use was done in recognition of its popularity as a Personal Service use. Doggie Day Care does not currently permit the accommodation of overnight stays as there is little to distinguish this use from the Kennel use. A proposed doggie day care business at the Village at Leesburg is requesting that the Doggie Day Care Use be permitted to include overnight stays. Effect of Existing Regulations The proposed uses are prohibited or restricted to the Kennel use. A Kennel has use standards that are not adaptable to urban mixed-use developments. The use standards in Section 9.3.12 require: • Property having a minimum of two acres. • Structures used for kennels must be located 200 feet from property lines. • Does not limit outdoor play areas. These zoning text amendments propose to balance the protection of residents in mixed-use environments, while accommodating certain businesses providing desired personal services. Proposed Amendments If adopted, these amendments will permit certain desired personal services in mixed-use developments. The proposed amendments include use standards that mitigate potential nuisance issues. Approval Criteria The proposed amendment to the Zoning Ordinance is subject to the approval criteria specified in TLZO Section 3.2.5 which states: In acting on proposed text amendments, the Planning Commission and Town Council shall consider whether the proposal is consistent with the Town Plan and the stated purposes of this Zoning Ordinance (See Sec. 1.5). TLZO Sec. 1.5 Purpose states: TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Planning Commission Public Hearing June 18, 2020 Page 4 of 7 This Zoning Ordinance is adopted in order to protect the health, safety, and welfare of the residents of Leesburg; to advance the objectives set out in Section 15.2-2200 of the Code of Virginia, 1950, as amended; and to implement the Leesburg Town Plan. Staff Analysis The proposed amendments would create opportunities to provide additional personal services in business and mixed-use districts. Of concern however, is the potential impact to residents in mixed-use districts. Doggie Day Care facilities are currently permitted by special exception. Staff believes that the accessory overnight boarding at doggie day care facilities should not be permitted in mixed-use buildings containing residential units. There is great potential for negative nuisances, mainly noise from barking dogs during the night. The clarification regarding the cattery does not come with the same potential for nuisance issues. With the right use standards, the cattery use should continue as a by-right use. The questions posed for consideration by the Planning Commission are: • Should overnight boarding of dogs be permitted as an accessory use at doggie day care facilities? If so, how many dogs should be allowed in a doggie day care facility as opposed to a dog kennel? • Should the accessory overnight boarding of cats and dogs be allowed in mixed-use buildings containing residential dwellings? • Should the Doggie Day Care use be permitted to have outdoor play areas? • Doggie Day Care is not currently permitted in the B-1 (Community (Downtown) Business) District. Should this use be added to the B-1? • Are the proposed use standards sufficient to protect against potential nuisance issues? TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Planning Commission Public Hearing June 18, 2020 Page 5 of 7 Draft Ordinance: Key to Text Used in this Report: • Text highlighted in yellow and underlined is proposed new language. • Text in red and with strikethrough is existing text proposed to be eliminated. 1. The following amendments insert Cattery and Doggie Day Care into the Use Table for the following zoning districts: 6.1.2 [O-1] Use Regulations O-1 Uses Use Use Standards Definition Commercial Uses Doggie Day Care S Sec. 9.3.12.2 Doggie Day Care, with Accessory Kennel S Sec. 9.3.12.2 6.3.2 [B-1] Use Regulations B-1 Uses Use Use Standards Definition Commercial Uses Cattery P Sec. 9.3.12.1 Sec. 18.1.27.1 Doggie Day Care S Sec. 9.3.12.2 Doggie Day Care, with Accessory Kennel S Sec. 9.3.12.2 6.4.2 [B-2] Use Regulations B-2 Uses Use Use Standards Definition Commercial Uses Doggie Day Care S Sec. 9.3.12.2 Doggie Day Care, with Accessory Kennel S Sec. 9.3.12.2 6.5.2 [B-3] Use Regulations B-3 Uses Use Use Standards Definition Commercial Uses Doggie Day Care S Sec. 9.3.12.2 TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Planning Commission Public Hearing June 18, 2020 Page 6 of 7 B-3 Uses Use Use Standards Definition Doggie Day Care, with Accessory Kennel S Sec. 9.3.12.2 6.6.2 [B-4] Use Regulations B-4 Uses Use Use Standards Definition Commercial Uses Cattery P Sec. 9.3.12.1 Sec. 18.1.27.1 Doggie Day Care S Sec. 9.3.12.2 Doggie Day Care, with Accessory Kennel S Sec. 9.3.12.2 2. Boarding of cats is already permitted for catteries. The following amendment requires that individual enclosures are provided for catteries. 9.3.12.1 Cattery A. The operator shall maintain all facilities within a fully enclosed structure that is adequately soundproofed and constructed so there is no emission of odor or noise detrimental to other property in the area. B. The operator shall comply with the Virginia Department of Agricultural and Consumer Services Division of Animal Industry Services laws. C. A typical detail shall be provided that demonstrates boarding is provided within individual enclosures that have been designed for humane and secure confinement. 3. The following amendment creates use standards to address potential nuisance issues related to accessory kennels at Doggie Day Care facilities. 9.3.12.2 Doggie Day Care A. The operator shall maintain all facilities within a fully enclosed structure that is adequately soundproofed and constructed so there is no detriment to other property in the area. Prior to occupancy, the operator shall provide certification from an acoustical engineer licensed to practice in Virginia that the interior noise of the accessory kennel use has been attenuated not to exceed 65 dBA at the property line or within 25 feet of the premises, whichever is less. B. An Accessory Kennel may be permitted to accommodate a limited amount of overnight boarding. This subordinate use is subject to the approval of a special exception. The amount of overnight boarding shall be established at the time of special exception review, contingent upon a demonstration that the area dedicated to TLOA-2020-0001 Zoning Text Amendments for Doggie Day Care and Cattery Planning Commission Public Hearing June 18, 2020 Page 7 of 7 overnight boarding meets applicable federal, state, and local codes, ordinances, or regulations. C. An Accessory Kennel should not be located within a building containing residential dwellings. E. A typical detail shall be provided that demonstrates all accessory kennel pens have been designed for humane and secure confinement. G. Prior to occupancy, the facility shall be inspected for compliance with applicable use regulations and/or additional conditions of approval. H. A waste containment system shall be provided and connected to the sanitary sewer system. An accessory relief area may be provided outdoors, and shall also be connected to the waste containment system. I. The operator shall comply with Code of Virginia, Chapter 65 Comprehensive Animal Care. 4. The following amendment would permit Doggie Day Care and Cattery as a permitted use in the Planned Residential Commercial District. 9.3.16 Neighborhood Retail Convenience Center A. Centers may be comprised of a collection of stores including a mix of retail, service, and office uses and may include, but are not limited to, cattery, convenience food store, pharmacy (without drive-through facility), grocery store, eating establishment, eating establishment fast food (without drive-through facility), child care center, recreation facility (gymnasium, exercise and weight room facilities, martial arts studio, etc.), exercise studio, dance studio, retail use, mailing services, personal service establishment, and bank (without drive-through facility). 5. Doggie Day Care and Doggie Day Care with Accessory Kennel shall be approved by special exception.