Neighbors cite concerns, appeal proposed dog kennel near city in Arkansas

Posted: November 18, 2017 at 4:29 a.m.

FAYETTEVILLE -- Neighbors will ask justices of the peace to refuse a woman's request to build a dog kennel just outside the city.

Lowell and Ann Boynton said about 100 weddings are held annually at St. Catherine's at Bell Gable at 2140 Stone Chapel Lane. The chapel is near the proposed kennel and their business will suffer, the Boyntons said.

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The Stone Chapel Kennel and Cattery, if approved by the Quorum Court, will be a dog daycare and boarding facility that would be run by three full-time employees, planning records show. The space will include indoor and outdoor play areas and an area for up to 10 cats. For more information about plans for a dog kennel and cattery near Fayetteville, visit www.co.washington.ar.us/home/showdocument?id=13558

Source: Staff Report

"We don't much think that barking dogs is a good contribution for what we do," Lowell Boynton said.

Jamie S. Hertzberg, of 2176 N. Sunshine Road, plans to build a kennel and cattery that includes indoor and outdoor space for the animals on 3 acres, planning records show. The kennel would hold up to 32 dogs and 10 cats.

The kennel will be for boarding and daycare, not for breeding, according to Hertzberg.

The Washington County Planning Board and Zoning Board of Adjustments approved a permit for the kennel Nov. 2. The permit was approved over the objection of neighbors.

Nathan Crouch, senior planner, said neighbors have submitted letters against and for the proposal.

Six appeals had been filed at the Washington County Clerk's Office as of Wednesday. James and Helga Coleman at 2169 N. Sunshine Road, filed a formal appeal and delivered it to the Planning Department.

The Quorum Court must ratify all permits but typically does so without comment during meetings. Appeals can be held in separate meetings or put on the Quorum Court's regular agenda.

The earliest the permit could go before the Quorum Court is in December, Crouch said.

James Coleman said the kennel doesn't fit into his community.

"I do think it's a pretty residential area," Coleman said. "To me, (the kennel) doesn't fall in line with the criteria for a conditional use permit -- being that close to our house and then being that close to the wedding venue."

The property is zoned agricultural and single-family residential, but the Planning Board can make allowances.

Some of the guidelines for a permit include approval if the proposal is compatible with the surrounding area's use. Other criteria are whether the proposal will hinder the use or enjoyment of other people's property and whether the proposed use would affect public health. The proposal shouldn't affect property value, public safety, comfort or general welfare, among other criteria.

Coleman's appeal said the proposed kennel hurts other property owners' ability to use and enjoy their property.

For example, the chapel, which is visible from the proposed kennel to its north, hosts weddings, receptions and other events, according to its website. People come on Sundays to meditate too, Ann Boynton said.

"People come here because it's such a quiet and serene place," she said.

Hertzberg said her kennel will be well insulated for sound. She also is considering outdoor, soundproof panels advertised to decrease noise. She said she wants to be a good neighbor but has wanted to run a kennel for years.

"I've just always loved animals and worked with them," Hertzberg said. "The main thing I want to stress is that I've put a lot of consideration into this plan."

The kennel is compatible with the area, Hertzberg said.

The kennel would replace a covered riding arena on Hertzberg's property. The land is zoned for agricultural and residential use, and businesses surround it, planning records show. The kennel would use Fayetteville sewer.

Planning staff said in documents the kennel is compatible with the neighborhood. Hertzberg, however, would be required to meet certain conditions, including shielded lighting on any sign, limited employees, limited hours and outside time for the dogs. Staff also required sound buffering along the eastern property line, the report shows.

Hertzberg, who runs Stone Chapel Farm and Arena on her property, plans to continue boarding horses, but only boards one horse currently, she said. In October, she filed to create the Stone Chapel Kennel and Cattery.

NW News on 11/18/2017