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Home My Public Portal AboutTLOA-2020-0001 Doggie Day Care and Cattery Date of Commission Meeting: July 2, 2020 TOWN OF LEESBURG PLANNING COMMISSION POST PUBLIC HEARING STAFF REPORT Subject: TLOA-2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery Staff Contact: Mike Watkins, Zoning Administrator Applicant: Amendments initiated by Town Council Proposal: Zoning Ordinance text amendment to create the Doggy Day Care use, and permit the overnight boarding of dogs and cats at Doggy 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. Background: Although motions and votes were taken on specific changes to the proposed ordinance amendments, the Commission did not make a formal recommendation to Town Council. Therefore, the purpose of this memo is to provide a summary of the public hearing and the changes to the proposed ordinance. The Planning Commission held its public hearing regarding this text amendment on June 18th. There were three public speakers; an owner of a potential doggy day care; a legal representative of doggy day care; and, an employee of Banfield Pet Hospital which is located at the Village of Leesburg. All speakers spoke in support of the proposed text amendments. The public hearing was closed after public comment. The Commission discussed the various sections and took votes on amendments to the proposed ordinance language. These actions are outlined below and include a brief description of any staff follow-up: Zoning Districts B-4 not to include Cattery O-1 not to include Cattery or Doggy Day Care Neighborhood Retail Convenience Center not to include Cattery or Doggy Day Care There was a motion that was approved 6-1 TLOA-2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery Planning Commission Public Hearing July 2, 2020 Page 2 of 5 Staff notes that the Village at Leesburg Land Bay B, zoned PRC Mixed-Use Center, the does permit special exceptions for uses not listed in TLZO Sec. 8.5.2 Permitted Uses [in the PRC]. Definitions Add a definition using Doggy Day Care and Boarding Facility There was a motion that was approved 7-0 Staff notes that a definition has been added to the proposed text amendments. Terminology Use same reference in the ordinance No motion Cattery Changed to a special exception use in the B-2, B-3, B-4, and I-1 There was a motion that was approved 7-0 Staff noted that this change will render an existing cattery (the Cat Clinic) nonconforming. Doggy Use Standards New standard, all animals must be crated or provide over-night staffing There was a motion that was approved 6-1 PRC, Restricted Exclude Cattery or Doggy Day Care in the Neighborhood Retail Convenience Center There was a motion that was approved 7-0 Ordinance Formatting: 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. TLOA-2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery Planning Commission Public Hearing July 2, 2020 Page 3 of 5 Proposed Ordinance Amendments: 1. Permitted Zoning Districts: The Commission’s direction was to leave the Cattery and Doggy Day Care uses unchanged from the districts in which are currently permitted in. The Use Tables reflects the change of a Cattery from a by-right use [P] to a special exception use [S]. Staff notes that the change will potentially eliminate the potential business from locating at the Village at Leesburg. 6.4.2 [B-2] Use Regulations B-2 Uses Use Use Standards Definition Commercial Uses Cattery P S Sec. 9.3.12.1 Sec. 18.1.27.1 Doggie Doggy Day Care S Sec. 18.1.43.2 Doggy Day Care, with Accessory Kennel S Sec. 9.3.12.2 Sec. 18.1.43.2 6.5.2 [B-3] Use Regulations B-3 Uses Use Use Standards Definition Commercial Uses Cattery P S Sec. 9.3.12.1 Sec. 18.1.27.1 Doggie Doggy Day Care S Sec. 9.3.12.2 Sec. 18.1.43.2 Doggy 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 Doggie Doggy Day Care S Sec. 9.3.12.2 Sec. 18.1.43.2 6.7.2 [I-1] Use Regulations I-1 Uses Use Use Standards Definition Commercial Uses Cattery P S Sec. 9.3.12.1 Sec. 18.1.27.1 Doggie Doggy Day Care S Sec. 9.3.12.2 Sec. 18.1.43.2 Doggy Day Care, with Accessory Kennel S Sec. 9.3.12.2 TLOA-2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery Planning Commission Public Hearing July 2, 2020 Page 4 of 5 2. Use Standards, Doggy Day Care: In addition to the formatting correction, there were three changes made to the text. a. Based on language contained in the Stated Code, “Adequate Space” was added to Paragraph D. The addition of the language creates a standard for the kennel portions of the Accessory Kennel portion of Doggy Day Care. b. A requirement for enclosures and/or staff supervision was added to Paragraph B. c. Paragraph F was revised to reflect limitations in the Town Code regarding animal waste. 9.3.12.2 Doggy 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 overnight boarding meets applicable federal, state, and local codes, ordinances, or regulations. Overnight boarding shall include the use of appropriate enclosures and/or the appropriate amount of staff supervision. C. An Accessory Kennel should not be located within a building containing residential dwellings. D. A typical detail shall be provided that demonstrates all accessory kennel pens have been designed for humane and secure confinement with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. E. Prior to occupancy, the facility shall be inspected for compliance with applicable use regulations and/or additional conditions of approval. F. The dog play area and kennels shall be designed to prevent illicit discharge (described in Town Code Section 14-23(b)(1) into the stormwater management system. An accessory relief area may be provided outdoors, and shall also be designed to prevent illicit discharge. TLOA-2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery Planning Commission Public Hearing July 2, 2020 Page 5 of 5 G. The operator shall comply with Code of Virginia, Chapter 65 Comprehensive Animal Care. 3. Definition: Doggy Day Care The Commission asked that a definition be added to the text amendment. A proposed definition is provided below: 18.1.43.2 Doggy Day Care The equivalent of a Boarding Establishment as defined in the Code of Virginia, §3.2-6500. A commercial establishment other than a public or private animal shelter where companion animals not owned by the proprietor are temporarily sheltered, fed, and watered in exchange for a fee. Suggested Motions: Approval I move that Zoning Ordinance Amendment TLOA 2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery be forwarded to the Town Council with a recommendation of approval, on the basis that the amendments contained in the July 2, 2020 Planning Commission Memo 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 Doggy 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 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 Doggy Day Care and Cattery be forwarded to the Town Council with the following amendments: