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Record of Proceedings

Loudoun County Planning Commission Work Session - March 12, 2026: Happy Paws K-9 Kennel and Public Hearing Briefing

Board of Supervisors & Planning CommissionThursday, March 12, 2026
BodyLoudoun County, Virginia
SessionBoard of Supervisors & Planning Commission
DateThursday, March 12, 2026
StatusFILED
Video Record
0:00 / 1:45:37

Transcript — Verbatim
5:32

Good evening, everyone.

5:33

The uh March 12th, 2026 Loudoun County Planning Commission work session will now come to order, as is our custom.

5:38

Let's stand for the Pledge of Allegiance.

5:48

And to the Republic for which it stands one nation under liberty and justice as well.

6:02

Okay, we have uh minutes from the February twelfth, twenty twenty-six work session.

6:07

If commissioners have a chance to review them, I'll accept a motion and make a motion.

6:14

Make a motion to up with a minute.

6:17

Second.

6:17

Second, okay.

6:18

Motion to approve made by Commissioner Motoretti, seconded by Commissioner Banks.

6:21

Any discussion on the motion?

6:23

All those in favor say aye.

6:24

Aye.

6:26

Any abstentions?

6:27

Um that motion will carry nine zero.

6:33

Okay.

6:33

Uh next up, uh disclosures.

6:35

I will start to my right.

6:37

If you have any disclosures, just hit your light.

6:45

Commissioner Myers.

6:47

Um, the only disclosure I have is I met Monda uh Tuesday.

6:52

Tuesday Brian?

6:53

Tuesday.

6:53

I met with um staff in regards to the Happy Pell K-9 application.

6:58

The applicant wasn't here, but I did meet with staff in regards to the application.

7:02

Okay.

7:04

Commissioner Jasper.

7:05

Yeah, I was at that meeting.

7:07

I don't norm normally do staff ones myself.

7:11

Okay, all right, thank you.

7:13

Okay, for myself, on uh February 27th, I actually attended a Happy Paws Circuit Court hearing, and at that and it was more uh it's actually more related to HOA documents than it had anything to do with the zoning or the land use for this application.

7:30

But I did speak to a couple of the uh the residents there and their attorney as well as the attorney representing uh uh Happy Paws.

7:39

On uh March 2nd I met with Ron Meyer and Aaron Swisshelm regarding uh an upcoming item SDC Ashburn One in our March public hearing.

7:49

March 9th, I attended three pre-application conferences.

7:53

On March 10th, I met with Jeff Snow and Amanda Williams about an upcoming application for a gas turbine power plant uh to power data couple data centers.

8:05

And on uh March 11th I met with the representatives for the Demos substation to review their latest uh uh revision to their substation.

8:14

All right.

8:15

Uh with that, uh we have uh one work session item tonight, which is LEGI 2024-12, happy pause K9, special exception 2024-21, and a special exception twenty twenty-four-twenty-four.

8:38

All right.

8:39

Good evening.

8:41

Um my name is Diane Anthon with Department of Planning and Zoning back before the commission this evening with Leggy 2024 zero zero twelve.

8:49

Just a reminder, the subject property is a three-acre parcel located off of Oatland's Chase Place in the Rolling Acres community.

8:57

The application proposes a dog kennel for up to 25 dogs in the AR1 zoning district and a minor special exception to reduce the 100-foot U setback on three sides of the property.

9:09

Since the December public hearing, the applicant has made changes based on planning commission feedback.

9:14

Changes of note are to the maximum number of dogs proposed and the proposed setback.

9:18

The application is now proposing a maximum of 25 dogs exclusive of personal pets.

9:24

The application was also revised to increase the setback distance from adjacent properties.

9:29

In addition, the application was revised to include additional information based on planning commission discussion pertaining to the size of the outdoor play area, interior space, status with Loudoun County Animal Services, Alcass, information on the HVAC, and compliance with professional guidance.

9:48

This slide shows um the new oh I'm sorry, this slide shows the previous proposal with the approximate distances from neighboring properties.

10:00

And this slide shows the new proposal with approximate distances from neighboring prop properties.

10:04

The application continues to propose a kennel use co-located within the existing residential home on the property, which is shown in orange on this slide.

10:13

On the screen, the existing six-foot tall wood fence is outlined in red.

10:17

The outdoor play area is in pink.

10:19

The proposed four-foot tall secondary fence is in dark blue with vegetation in green.

10:27

Here is a side-by-side of the annotated special exception plates.

10:32

As noted in the update slide, the applicant increased the setback distance from the neighboring properties, and as a result, the size of the outdoor play area was slightly decreased.

10:42

Here is a graphic depicting the proposed setback.

10:46

The applicant is proposing to reduce the setback to 40 feet on the north, which is shown in green.

10:54

35 feet on the east, which is shown in purple, and 75 feet on the south, which is shown in light blue.

11:00

The 100 foot setback will be met at the western property boundary, which is shown in red.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████25%
Animal Welfare█████████████████████████25%
Equestrian Regulations███████████████████████23%
Procedural█████████████13%
Land Use Planning███3%
Data Center Development███3%
Public Engagement██2%
Agricultural Operations██2%
Engineering And Infrastructure██2%
Summary of Proceedings

Loudoun County Planning Commission Work Session

Date: March 12, 2026

The Loudoun County Planning Commission held a work session to discuss one major item: the Happy Paws K-9 special exception application (LEGI-2024-0012), which proposes a dog kennel for up to 25 dogs on a 3-acre parcel in the Rural Policy Area, along with a minor special exception to reduce the required 100-foot setback on three sides. The meeting also included a briefing on five items scheduled for the March 24, 2026 public hearing.

Consent Calendar

  • The commission unanimously approved (9-0) the minutes from the February 12, 2026 work session.

Discussion Items

  • Happy Paws K-9 Kennel (LEGI-2024-0012, SPEX-2024-0021 & SPEX-2024-0024)
    • Staff presentation: The application initially sought 40 dogs; after reductions, the applicant now proposes a maximum of 25 dogs (exclusive of personal pets), with changes to setbacks (40 ft north, 35 ft east, 75 ft south vs. the required 100 ft) and a smaller outdoor play area. Staff raised scale and intensity as issues due to surrounding residential uses and sought commission guidance on appropriate dog numbers. Staff stated they could support approval subject to conditions (e.g., 25 dogs max, 15 dogs outside max, operating hours, noise, waste management).
    • Applicant presentation (Anna Ritter, land use attorney): The applicant reduced dog numbers from 40 to 25 based on community feedback, increased setbacks, provided indoor air quality reports (MERV 13 filters, HEPA purifiers), and noted support from the two directly adjacent neighbors. The applicant argued that the use is generally consistent with the General Plan’s support for rural businesses, but acknowledged scale concerns.
    • Commissioner questions and discussion:
      • Commissioner Myers raised concerns about the lack of separation between commercial and residential uses (dogs and humans in the same home), the definition of personal pets, the non-counting of dogs under six months old, potential overlapping drop-off/pickup traffic, and the precedent of allowing kennels in a residence. He questioned consistency with the General Plan’s strategy 3.1 (compatibility and rural character) and noted the property’s non-conforming status.
      • Commissioner Barnes asked about the usable acreage after excluding the reservoir protection area (about 2.64 acres) and questioned the rationale behind the 25-dog number, noting that 14 of 21 neighbors opposed the application (7 supported). He expressed hygiene concerns about dogs living in the same house as a family.
      • Commissioner Jasper questioned indoor air quality standards, noting that residential HVAC systems may not be adequate for a large-scale kennel. She cited research on UV germicidal irradiation and noted the difficulty in finding standards for a residential/kennel hybrid. She proposed detailed conditions including a reduced dog count of 12 (exclusive of up to 4 personal pets), increased setback to 60 ft on the east, employee-to-dog ratio of 1:6, outdoor limit of 6 dogs, acoustic engineer certification, soil testing for urine, tree protection, and a ban on commercial breeding.
      • Commissioner Myers noted that the approval would run with the land and could be passed to future owners, and requested a condition that the operator must be the principal resident.
      • Commissioner Combs supported lower numbers (12 dogs) to maintain compatibility with the residential neighborhood.
      • Commissioner Frank felt a slightly higher number (around two dozen) might be acceptable due to differences from in-home childcare, but acknowledged the need for caution.
      • Commissioner Barnes strongly opposed the application due to precedent and the lack of a separate structure for dogs.
    • The applicant responded that they cannot accept 12 dogs or a 60-ft setback (would push play area into front yard and drain field), but were willing to consider: limiting personal pets to 4, reducing outdoor dogs to 12, separating outdoor enclosures (6 dogs each), acoustic engineer review, soil testing (pending cost info), and no commercial breeding.

Briefing of March 24, 2026 Public Hearing Items

  • Blue Mont Agricultural and Forestal District withdrawal (early request for ~39 acres; currently 76 parcels/2,220 acres; pending ADAC recommendation).
  • Government building (130,000 sq ft, split office/warehouse) for General Services on Crossrail Boulevard (special exception; dedicated to county; staff found no outstanding issues).
  • Leesburg Compressor Station expansion (natural gas; 73 acres; east of Route 15; staff supports).
  • SDC Ashburn data center expansion (special exception for ~5,600 sq ft; located in Urban Transit Center place type; staff noted conflict with recent CPAM but supports due to context).
  • Barrister Substation (commission permit & special exception; adjacent to Stratus substation; staff supports with emphasis on design).

Key Outcomes

  • Vote on Happy Paws K-9 (LEGI-2024-0012): The commission voted 5-4 to forward the application to the Board of Supervisors with a recommendation of approval, subject to revised conditions dated March 12, 2026 (as proposed by Commissioner Jasper with friendly amendments). The motion carried with Commissioners Jasper, Banks, Motoretti, and two others in favor; Commissioners Barnes, Combs, Frank, and Myers opposed.
    • Key conditions included:
      • Maximum of 16 dogs total on the property, inclusive of any personal pets owned by residents (replacing the applicant’s requested 25-dog cap).
      • Setback along the eastern property line increased to 60 feet (from the applicant’s proposed 35 ft).
      • No commercial breeding allowed.
      • The operator of the kennel must be the principal resident of the home.
      • Other conditions from staff (e.g., limits on outdoor dogs, operating hours, noise, tree conservation, soil testing, acoustic certification) were retained.
  • The Planning Commission will hold a public hearing on the five briefing items on March 24, 2026.
  • The meeting adjourned after the briefing.

Meeting Transcript

Good evening, everyone. The uh March 12th, 2026 Loudoun County Planning Commission work session will now come to order, as is our custom. Let's stand for the Pledge of Allegiance. And to the Republic for which it stands one nation under liberty and justice as well. Okay, we have uh minutes from the February twelfth, twenty twenty-six work session. If commissioners have a chance to review them, I'll accept a motion and make a motion. Make a motion to up with a minute. Second. Second, okay. Motion to approve made by Commissioner Motoretti, seconded by Commissioner Banks. Any discussion on the motion? All those in favor say aye. Aye. Any abstentions? Um that motion will carry nine zero. Okay. Uh next up, uh disclosures. I will start to my right. If you have any disclosures, just hit your light. Commissioner Myers. Um, the only disclosure I have is I met Monda uh Tuesday. Tuesday Brian? Tuesday. I met with um staff in regards to the Happy Pell K-9 application. The applicant wasn't here, but I did meet with staff in regards to the application. Okay. Commissioner Jasper. Yeah, I was at that meeting. I don't norm normally do staff ones myself. Okay, all right, thank you. Okay, for myself, on uh February 27th, I actually attended a Happy Paws Circuit Court hearing, and at that and it was more uh it's actually more related to HOA documents than it had anything to do with the zoning or the land use for this application. But I did speak to a couple of the uh the residents there and their attorney as well as the attorney representing uh uh Happy Paws. On uh March 2nd I met with Ron Meyer and Aaron Swisshelm regarding uh an upcoming item SDC Ashburn One in our March public hearing. March 9th, I attended three pre-application conferences. On March 10th, I met with Jeff Snow and Amanda Williams about an upcoming application for a gas turbine power plant uh to power data couple data centers. And on uh March 11th I met with the representatives for the Demos substation to review their latest uh uh revision to their substation. All right. Uh with that, uh we have uh one work session item tonight, which is LEGI 2024-12, happy pause K9, special exception 2024-21, and a special exception twenty twenty-four-twenty-four. All right. Good evening. Um my name is Diane Anthon with Department of Planning and Zoning back before the commission this evening with Leggy 2024 zero zero twelve. Just a reminder, the subject property is a three-acre parcel located off of Oatland's Chase Place in the Rolling Acres community. The application proposes a dog kennel for up to 25 dogs in the AR1 zoning district and a minor special exception to reduce the 100-foot U setback on three sides of the property. Since the December public hearing, the applicant has made changes based on planning commission feedback. Changes of note are to the maximum number of dogs proposed and the proposed setback. The application is now proposing a maximum of 25 dogs exclusive of personal pets. The application was also revised to increase the setback distance from adjacent properties. In addition, the application was revised to include additional information based on planning commission discussion pertaining to the size of the outdoor play area, interior space, status with Loudoun County Animal Services, Alcass, information on the HVAC, and compliance with professional guidance. This slide shows um the new oh I'm sorry, this slide shows the previous proposal with the approximate distances from neighboring properties. And this slide shows the new proposal with approximate distances from neighboring prop properties.

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