Training Tails

Kent County Department of Planning Services Division of Planning SARAH E. KEIFER, AICP Phone: (302)744-2471 Director of Planning Services Fax: (302)736-2128 KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible) STAFF RECOMMENDATION REPORT July 6, 2023 Application # / Title : CS-23-04 Training Tails Present Zoning District : AR (Agricultural Residential) Relation to Growth Zone : Outside Present Use : Residential with Dog Training & Dog Daycare Proposed Use : Same with Overnight Boarding Commercial Kennel Area and Location : 3.5+ acres located on the east side of Hopewell Drive, approx. 1,767’ south of Underwoods Corner Road, and approx. 2,729’ north of Chance Road, west of Kenton This 3.5+ acre parcel is currently improved with a house and a dog training and dog daycare facility that was approved in 2021 as part of C-21-07. This approval did not allow for the overnight boarding of dogs. The owner

would now like to begin overnight boarding on the site and this use is required to be approved as a commercial kennel through the Conditional Use with Site Plan process. I. STAFF RECOMMENDATION The staff recommends CONDITIONAL APPROVAL based on the information submitted as the application demonstrates compliance with the Kent County Code, except with the requirements that are outlined below. The staff offers additional these requirements and recommendations, as follows: A. Code Requirements: 1. The final plan must meet all requirements of both Chapters 187 and 205 of the Kent County Code, and all items in the final plan column of Appendix D of Chapter 187. 2. Show the 25’ buffer from the edge of wetlands. 3. The rear of the property is also impacted by a blue line stream and a tax ditch ROW. Show the required 100’ buffer from the stream and the 60’ tax ditch ROW. Staff Recommendation Report CS-23-04 Training Tails July 6, 2023 Page 2 4. The setbacks side and rear setbacks shown on the site are incorrect. The side should be 15’ and the rear 30’. 5. Landscape Plan Requirements (prepared by a landscape architect) a) 6’ high opaque buffers are required along the neighboring residential lot lines. Existing vegetation could be counted towards this requirement. b) The site is required to plant one tree per every 3,000 sq. ft. of site area. Existing trees appear to satisfy this requirement. 6. Section 205-67.G requires kennels to be located 300’ from a home on an adjacent property. The plan indicates that houses on adjacent properties are at least 300’ from the proposed use but the County’s aerials suggest otherwise. The distance must be confirmed prior to final plan approval and if noncompliant the applicant must seek a variance. 7. One-way drive aisles must be at least 12’ in width. The southern drive aisle is shown at 11’ and must be extended to be compliant. Alternatively, the applicant can request a variance prior to final approval. 8. The northern drive aisle is both less than 11’ wide and less than the required 20’ from the neighboring residential lot. County assessment records date the house on the property to 1970 and aerials suggest the northern driveway was installed in conjunction with the house. In addition, Levy Court approved a conditional use for a dog training and dog daycare facility on the property on November 23, 2021 (C21- 07). That facility also makes use of the northern driveway. Article XVI, Nonconforming Uses is intended to permit nonconformities to continue but not be expanded. Neither the footprint of the driveway nor the buildings are being expanded. Given the pre-existing condition of the driveway and the previous conditional use, the drive aisle is considered legal nonconforming. Expansion the footprint of the facility will necessitate bringing the drive aisle into compliance. 9. Building permits are required for any building renovations and/or change of use and shall be coordinated with our Inspections & Enforcement division prior to issuance of a business certificate of occupancy. Staff Recommendation Condition: 1. Due to the residential nature of this area, a sign compliant with a business complex zoning district (as allowed by Code) may not be appropriate for the proposed use. Therefore, Staff recommends that any signage for the use be limited to the size allowable for a home occupation which limits the sign to six square feet (6 sf) and a height of five feet (5’) above grade. II. BACKGROUND INFORMATION • The subject site is 3.5+ ac. and is currently improved with a single-family dwelling, 40’ x 100’ and a 24’ x 40’ accessory buildings being used for the dog training/daycare, an equipment shed, four 75’ x 14’ runs attached to the 40’ x 100’ accessory building, and several Staff Recommendation Report CS-23-04 Training Tails July 6, 2023 Page 3 other fenced in areas to be utilized by the dog training and dog daycare facility. • The proposed overnight kennel will be located within the 40’ x 100’ building. • No additional buildings proposed as part of this application. • The character of the surrounding area is predominantly agricultural and residential in nature. The properties to the north, south, and west of the site are improved residentially on similar sized lots. To the east is a large agricultural property. • The applicant received a variance from the requirement that all kennels and runs used for a commercial kennel be located at least 100’ from all property lines to enable the existing 40’ x 100’ building located 26’ from the north side property line and 70’ from the south side property line. The Board of Adjustment approved this request on April 20, 2023. III. AGENCY COMMENTS A. No agency comments have been received for this application. IV. OWNER/DEVELOPER The owner/developer shall be aware of and be prepared to comply with all comments regarding this project stated in this report. All comments must be addressed in the final plan prior to final approval. Final approval of the plan must occur within 24 months from the date of preliminary plan approval. Failure to obtain final approval shall nullify the plan. Letters of “No Objection to Final Approval” from the following agencies may be required prior to final approval: 1. DelDOT, Division of Highways 2. Kent Conservation District 3. Office of the State Fire Marshal This recommendation was made without the benefit of public testimony and is based on the information presented when the application was received by the Department of Planning Services. The Regional Planning Commission shall give considerable weight to public testimony received during public hearing in considering its recommendation to Levy Court in this matter. ENC: Data Sheet Exhibit A – Location and Zoning Map Exhibit B – Plot Plan Survey Plan Kent County Department of Planning Services Division of Planning SARAH E. KEIFER, AICP Phone: 302/744-2471 Director of Planning Services FAX: 302/736-2128 KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible) DATA SHEET FOR CONDITIONAL USE REVIEW Regional Planning Commission Public Hearing of: Thursday, July 6, 2023 Regional Planning Commission Business Meeting of: Thursday, July 13, 2023 Levy Court Public Hearing of: Tuesday, July 18, 2023 Application # / Title : CS-23-04 Training Tails Applicant/Owner : Thomas G. & Jodi E. Moore 558 Hopewell Drive Clayton, DE 19938 Engineer : Scott Engineering 22 Old Rudnick Lane, Suite 2 Dover, DE 19901 Present Zoning District : AR (Agricultural Residential) Relation to Growth Zone : Outside Present Use : Residential with Dog Training & Dog Daycare Proposed Use : Same with Overnight Boarding Kennel Levy Court District : 6th – Paul Hertz School District : Smyrna Fire District : Clayton Area and Location : 3.5 + acres located on the east side of Hopewell Drive, approx. 1,767 ft. south of Underwoods Corner Road, and approx. 2,729’ north of Chance Road, CS-23-04 Training Tails July 2023 Page 2 of 2 west of Kenton Property Identification Number : KH-00-043.00-02-13.00-000 SUBJECT SITE KENTON UNDERWOODS CORNER RD HOPEWELL DR CHANCE RD Exhibit A LOCATION AND ZONING MAP Application: CS-23-04 Training Tails APPLICANT/OWNER: Thomas & Jodi Moore PRESENT ZONING DISTRICT: AR (Agricultural Residential) PRESENT USE: Dog Training and Dog Daycare PROPOSED USE: Same with Overnight Boarding LEVY COURT DISTRICT: 6th - Hertz TAX MAP NO: KH-00-043.00-02-13.00-000 LOCATION: 3.5 + acres located on the east side of Hopewell Drive, approx. 1,767 ft. south of Underwoods Corner Road, and approx. 2,729’ north of Chance Road, west of Kenton Kent County Levy Court PLOT PLAN Exhibit B Application: CS-23-04 Training Tails PROPOSED OVERNIGHT BOARDING KENNEL