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Planning commission recommends special-exception permit for commercial kennel on East Midland Trail

3776501 · June 11, 2025

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Summary

The Rockbridge County Planning Commission on June 11 recommended that the Board of Supervisors approve a special-exception permit allowing Jake and Brenna Tomlin to operate a commercial kennel on an approximately 22.93-acre parcel in the Agricultural Transitional (AT) zoning district on the southwest side of East Midland Trail.

The Rockbridge County Planning Commission on June 11 recommended that the Board of Supervisors approve a special-exception permit allowing Jake and Brenna Tomlin to develop and operate a commercial kennel on an approximately 22.93-acre parcel in the Agricultural Transitional (AT) zoning district on the southwest side of East Midland Trail.

The commission’s action matters because the permit would authorize commercial breeding on land outside the county’s residential districts and includes conditions intended to limit noise, boarding, grooming and off-site impacts. The special exception will run with the land, meaning any future owner would be bound by the permit’s conditions.

Viveka, community development staff, told commissioners that Rockbridge County’s land development regulations (section 302.116) define a kennel as “any location where raising, grooming, caring for, or boarding of dogs, cats, or other small animals for commercial purposes is carried on,” and that commercial kennels in the AT district are allowed only by special exception. The application described an existing structure to be converted for indoor kennels, with additional outdoor runs. The applicant indicated the property is about 22.93 acres per tax records and roughly a quarter-mile outside the City of Buena Vista.

Applicant Jake Tomlin described his plan as a small, phased breeding operation. “I’ve always had a love for dogs,” Tomlin said, explaining he would start with one female and use visiting stud dogs as needed before expanding. He told the commission he could fit 11 kennels in the proposed 1,500-square-foot barn and that initial breeding plans focused on German shorthaired pointers, with the possibility of German shepherds later. Tomlin said training would be limited and, if needed, some training would occur offsite in Augusta County with a certified trainer.

Commissioners discussed several operational concerns during the hearing: potential noise from multiple dogs, waste management at larger dog counts, the risk of dogs getting loose, and whether adding breed restrictions was necessary. Commissioners noted the property’s topography and tree lines—Tomlin reported distances between his structures and nearby houses of roughly 219 and 252 yards and additional properties several hundred yards away—when weighing likely noise impacts.

The commission drafted and the membership approved a motion that included specific conditions. Adam Sandridge, commission member, made the motion to recommend approval; Bob Kramer seconded. The motion recommends that the Board of Supervisors approve the special-exception permit with these principal conditions as read into the record by Sandridge:

- Substantial compliance with the application and narrative dated May 14, 2025, for tax map parcel 89-8-19A (approximately 22.93 acres). - Breeding limited to German shorthaired pointers, German shepherds, Labrador retrievers and Belgian Malinois. - A cap of eight female dogs and three male dogs (total including visiting stud dogs), explicitly excluding the applicants’ personal pets; puppies were excluded from the cap. - Boarding and grooming operations prohibited. - Compliance with Rockbridge County Land Development Regulations’ general lighting and design requirements (listed in the motion as sections 1303-03 and 1303-04).

Sandridge moved the recommendation and Kramer seconded; the commission’s voice vote was unanimous in favor. The commission then closed the public hearing. No members of the public testified during the hearing.

Discussion on enforcement noted that ordinary county noise and criminal ordinances would remain applicable and that a zoning condition could create a separate enforcement path if complaints arise. Staff cautioned commissioners that adding conditions could set precedent and could require staff involvement if complaints are filed. Commissioners also asked staff about VDOT access requirements if the use generates greater traffic; staff said a commercial entrance permit would only be required if the driveway met VDOT standards for a commercial entrance.

The planning commission’s recommendation will go to the Board of Supervisors for final action. The special-exception permit, if adopted as recommended, would be recorded to run with the land and would bind any future property owner to the permit conditions.