Board Approves Animal Hospital
Published 4:30 pm Tuesday, October 19, 2010
CUMBERLAND – The County's Supervisors worked their way through three public hearings concerning a proposed veterinary hospital for Cumberland County during its meeting last week. After the hearings were concluded, the Board voted to allow for the operation of a commercial kennel and hospital in the Hillcrest area.
Before taking action on the conditional use permit to allow the facility to actually operate, the Board first had to approve a zoning text amendment and a zoning map amendment related to adding definitions to the County's Code and also rezoning the property from agricultural and residential to business.
“Tonight we are talking about three different zoning actions,” explained Andrew Sorrell, planning and zoning administrator. “The first is to amend the zoning ordinance to permit certain types or animal confinement uses and to amend certain uses in the County Code. The second is to rezone a property to a business category so that the property can then be used for a conditional use permit option which is as a commercial kennel and a veterinary hospital…”
Cumberland's Code did not address veterinary hospitals and so the code amendment reflected the need for a definition to allow the business to operate.
The County currently has no facility of this type to care for residents' pets.
Supervisor Van Petty, District Three, explained that the facility would be operated within his district and that he has had several conversations with neighbors related to the project.
“I haven't had any negative comments about the facility at all,” he noted. “I had one person call me all excited and I think they were thinking on a grander scale than what was being proposed…”
Chairman Tim Kennell, District Two, noted that he had also received “positive” feedback.
The applicants thanked the planning and zoning staff for helping them through the process.
“Everything has gone very well and all of the staff has been extremely helpful,” noted Groneweg. “…I do want to express our appreciation to everybody…”
“The code amendment request is basically something that is…going to permit reasonable animal confinement uses like the kennels and veterinary hospitals within our zoning districts because they have not been clearly addressed in the past,” offered Sorrell to the Supervisors.
Applicants Gary and Phyllis Groneweg wish to construct a veterinary hospital in the Hillcrest area of Cumberland, which would be operated by their daughter, Dr. Elizabeth Hazlegrove. Dr. Hazlegrove currently runs the Andersonville Animal Clinic in Buckingham County.
Private kennels, according to the amendment, would be permitted by-right in agricultural zoning but would be allowed only with a conditional use permit in other zoning districts.
According to Sorrell, the text amendment is consistent with the Comprehensive Plan and Zoning Ordinance and is supportive of the County's desire to encourage new businesses.
The Planning and Zoning Administrator relayed to the Board one citizen requested that other confinement uses such as animal sanctuaries and animal shelters be addressed also.
“We want to focus on the terms that the applicant was going to use their facility for but that is something that the County can take a look at,” advised Sorrell. “This is a rural locality and we will occasionally get requests for animal sanctuaries and uses like that…”
On September 20 the Planning Commission originally adopted the recommendation to the Board and then on September 27 revisions were made to make sure the terms were clear, he said.
After a lengthy discussion about the text amendment's language concerning private kennels, the Board opened the public hearing and no one spoke. Afterwards, the Board voted to adopt the text amendment resolution regarding the new definitions.
During the Planning Commission's public hearing on September 27, the Planners requested how the proposed code amendments would impact hunt clubs and animals used for hunting purposes.
The Commission questioned if animals used by the hunt club for their own private use and not specifically on property owned by an individual owner, still constituted a private kennel, noted Sorrell.
“In addition, staff noted that if a hunt club was to occasionally sell or trade an animal used for hunting purposes, such minor commercial activity would not nullify the intent of a private kennel since an occasional sale of an animal is not the primary purpose of keeping the animals,” continued Sorrell. “If a hunt club was to make a habit of regularly selling multiple animals and that was to become the intent of keeping the animals, then the use would no longer be classified as a private kennel.”
Sorrell explained that animals used with hunt clubs would “for the most part” fall under private kennels.
“We just really want to make sure that adjacent properties…aren't impacted by commercial operation,” he added.
Supervisor Elbert Womack, District Four, requested if the text amendment addresses citizens who currently operate kennels that raise cadaver and rescue dogs.
“Would this…have any affect on the particular uses that are being used today?” asked Womack.
If the use was currently in operation it would be “grandfathered” into the new adopted language, according to Sorrell.
But if the use is discontinued or wishes to expand the operation then the citizen would have to request a conditional use permit.
“Naturally, it wouldn't be for their own private use if they were raising cadaver dogs,” noted Womack about the language in the proposed amendment. “Or dogs that sniff out drugs or whatever…I'm just using that as an example. They wouldn't be raising them for their own use. I know there are facilities such as that…”
If they were to “significantly” expand, then that operation would have to request a conditional use permit from the County in order to continue to operate, Sorrell, again, noted.
“So we're putting a use on these people that could affect other citizens in the County that are in operation today?” asked Womack. “…When you say expand, do you mean add one more dog?”
According to Sorrell, an operation that proposes to add an additional building would be an example of “expanding.”
“I know there are facilities like this that are in operation in the County today and there are facilities that board dogs within the County today,” noted Womack. “These conditional use permits that are being imposed on these people-I question if they need to be that stringent especially in agriculture (zoning).”
Supervisor Womack explained that the circumstances needed to be reviewed “in detail” before he could agree to the text amendment.
“I have no problem with the veterinary facility,” said Womack. “My question is with the stringency the planning board and zoning has made on these people as far as the kennel goes.”
Next, the Board considered the code amendment to rezone the proposed veterinary hospital property from agricultural and residential to business. The change in zoning would allow the business to operate.
The property is located near Route 45 and Route 60 near Hillcrest Road (Route 727).
The code amendment would permit veterinary hospitals and commercial kennels in business or industrial-zoning districts, with proposed outdoor animal enclosures a conditional use permit is required, according to Sorrell.
Related to public input, the Planning and Zoning Administrator explained to the Board that his office had received an email from Dr. Kingsley, DVM, who wanted to ensure the Planning Commission was aware that the Virginia Board of Veterinary Medical has “very specific regulations” regarding the construction and operation of veterinary hospitals.
Later, the Board approved and adopted the rezoning request submitted by the applicant-no one addressed the Board during the public hearing.
The normal hours of operation for the facility would be from 8 a.m. until 5 p.m. on Monday, Tuesday, Thursday, and Friday and one half day on Saturdays.
The business would normally be closed on Wednesday and Sunday to clients but staff “will see patients on an emergency basis at any time of the day or night.”
“We also received phone calls from two nearby property owners who just wanted clarification on what the rezoning was…,” advised Sorrell about input received prior to last week's meeting.
According to Sorrell, the County's zoning ordinance requires a conditional use permit when nearby residents could be disturbed by requested use.
“There are 14 specific guidelines,” said Sorrell about the conditional use permit requirements of the applicant. “There are seven…that were recommended by the Planning Commission…”
The conditions that are attached to the conditional use permit “ensure,” stated Sorrell, the business fits within the current area.
The public hearing was opened and closed and there were no speakers.
Afterwards, the Board adopted the resolution approving the conditional use permit.
The adopted conditions relate to buildings and grounds; water and waste; equipment; parking; signage; outdoor confinement; and screening and buffering.
Sorrell explained the Commission's seven specific recommended conditions. They are:
*Operation and construction of the veterinary hospital and associated kennel shall follow all applicable state regulations governing the practice of veterinary medicine as governed by the Virginia Board of Veterinary Medicine…
*Facility shall contain no more than 12 enclosed runs.
*All animals shall be kept in pens or other enclosures designed and maintained for humane and secure confinement.
*The veterinary hospital shall be air-conditioned, contain a ventilation system and be constructed of sound absorbing materials as not to create undue noise or emission of odor at adjacent property lines. Indoor runs shall, at a minimum, be serviced by a ventilation system to circulate air.
*In all cases, animals shall be confined indoors from 9 p.m. to 6 a.m. daily. In exceptional cases, the animal may be briefly escorted outside by staff during the hours of enclosed confinement.
*If outdoor confinement or exercise runs are utilized, a wooded buffer of a minimum 50 feet or greater shall be retained from all side and rear property lines adjacent to the facility…
*Prior to the issuance of a zoning permit by the County and to the satisfaction of the zoning administrator, the applicant shall provide a written statement that lists the types of wastes the facility produces and a safe and sanitary method to ensure the disposal of such wastes. Such disposal methods shall be safe and prevent contamination or pollution of adjacent lands or water bodies.
According to Sorrell, nearby localities also require a conditional use permit to operate a veterinary hospital and commercial kennels.
