022-23 (CUPYeniselLambert) BOARD ACTION FOR DENIAL
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Action:
PLANNING COMMISSION: September 6, 2023 Recommended Denial
BOARD OF SUPERVISORS: September 27, 2023 Postponed
BOARD OF SUPERVISORS: October 11, 2023 Denied
CONDITIONAL USE PERMIT #08-23
YENISEL LAMBERT
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #08-23 was submitted by Yenisel
Lambert for a Dog Kennel/Breeding Facility. The property is located at 1900 Brucetown Road, Clear
Brook, Virginia and is identified with Property Identification Number 34-A-241 in the Stonewall
Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Pen-nit on September 6, 2023, and recommended denial; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Permit during their regular meeting on September 27, 2023; and postponed consideration until
the October 11, 2023 meeting; and,
Motion to DENY CUP 08-23 carried this 11th day of October 2023 by the following recorded
vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
Heather H. Lockridge No Robert W. Wells Aye
Josh E. Ludwig No Judith McCain-►-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
M
Michael L. Bollhoefe
Frederick. County A imstrator
Res# 022-23
CONDITIONAL USE PERMIT #08-23
4SG�' CSG
YENISEL LAMBERT
a Staff Report for the Board of Supervisors
w Prepared: September 28,2023
;;,R Staff Contact: Kayla Peloquin, Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/06/23 Recommended Denial
Board of Supervisors: 09/27/23 Postponed
Board of Supervisors: 10/11/23 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Yenisel Lambert for a dog kennel and
breeding facility. Should the Board of Supervisors find this application to be appropriate, Staff
recommends that the following conditions be attached to the CUP.
1. All review agency comments shall be complied with at all times.
2. No employees that are not residing on the premises shall be permitted with this CUP.
3. All dogs must be confined to kennels indoors between the hours of 9:00 p.m. and 7:00
a.m.
4. No more than twelve (12) adult dogs shall be on the property at any one time.
5. New structures to be used as kennels will require building permits prior to being
constructed.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 4 feet(FT)in height is permitted.
7. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Code and addressing additional regulations for specific uses contained
in §165-204.10, shall be submitted to and approved by Frederick County prior to the
establishment of the use.
8. Any expansion or modification of this use will require the approval of a new CUP.
Page 2
CUP#08-23, Yenisel Lambert
September 28, 2023
LOCATION: This property is located at 1900 Brucetown Road, Clear Brook, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 34-A-24I
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING& PRESENT USE:
North: Rural Areas (RA) Use: Residential
South: Rural Areas (RA) Use: Agricultural
East: Rural Areas (RA) Use: Residential
West: Rural Areas (RA) Use: Residential
PROPOSED USE: This application is for a dog kennel and breeding facility on 5.02+/- acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal:
The applicant proposes to build a new 60' x 24' (total 1,440 SF) kennel facility on the western
portion of the property with separate rooms for each dog along with enclosed runs extending
towards the western boundary. The applicant proposes a maximum of ten (10) litters per year
and a maximum of twelve (12) adult dogs on the property at any one time. Customers would
be visiting the site by appointment only on Fridays, Saturdays, and Sundays, not to exceed five
(5) families per day.
Comprehensive Plan Conformance:
Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved
Conditional Use Permit (CUP). This property is located outside the Urban Development Area
(UDA) and outside the Sewer and Water Service Area (SWSA). The 2040 Comprehensive Plan
provides guidance when considering land use actions. The property is part of the Clearbrook &
Bruce-town Rural Community Center within the Northeast Land Use Plan (NELUP). Goal 2
(Support the Growth of the County's Rural Communities) of Chapter 2 (Rural Areas) of the 2040
Comprehensive Plan includes a strategy to "Encourage appropriate mixes of residential,
commercial and business uses within the Rural Community Centers". The CUP application, as
proposed,generally meets the intent and goals of the Plan.
Page 3
CUP 908-23, Yenisel Lambert
September 28, 2023
Zoning Ordinance Requirements:
The Zoning Ordinance defines a Kennel: "As a place prepared to house, board, breed, handle or
otherwise care for dogs for sale or in return for compensation". The Zoning Ordinance requires
that kennels be subject to additional performance standards to mitigate negative impacts to
adjoining residential properties. These additional standards include: all dogs shall be confined to
secure pens or structures and that a Category C Buffer be provided in relation to surrounding
properties containing residential uses. Staff conducted a site visit and observed mature
evergreens and other vegetation of approximately 75' in depth on the western edge that provides
a buffer for the entire proposed kennel facility and outdoor dog runs. The northern boundary has
mature woodlands and there is around 400'of distance to the nearest dwelling. Additionally,
there is a strip of approximately 200' of mature vegetation/woodlands along the southern
property boundary which adjoins a large agricultural parcel. The applicant has built a 6' tall
opaque fence along the eastern property boundary that provides additional screening for a nearby
residence, which is approximately 350' from the location of the proposed kennel. The proposed
use, as described in the application narrative, meets the intent of the Zoning Ordinance.
Winchester-Frederick County Health Department: Please see the attached letter from Jim
Davis, Environmental Health Supervisor dated April 26, 2023.
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 672 (Brucetown Road). The address
is located within a private subdivision that provides access to the property. The existing entrance
is located on Rt. 672 meets VDOT entrance requirements. Based on this information,VDOT can
support the CUP request. If the business expands, VDOT reserves the right to re-evaluate the
entrance.
Frederick County Fire Marshal: Approved with conditions. Any new structures shall have
approved Fire Department Access, portable fire extinguishers, and smoke alarms in occupied
areas.
Frederick County Inspections: Construction of the building shall require permits as per the
Virginia Uniform Statewide Building Code. The building shall be required to meet the 2018
Existing Building Code and 2018 Virginia Construction Code.
An accessible restroom meeting the requirements of ANSI A117.1 will be required.
Entrances and exits shall meet accessibility requirements per ANSI A117.1. Accessible parking
and pathway to the building will be required. Exit signage and emergency lighting shall be
required.
Disposal of animal waste shall require the approval of the Virginia Health Department.
Page 4
CUP 908-23, Yenisel Lambert
September 28, 2023
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/06/23
MEETING:
The Planning Commissioners held a public hearing on the proposed CUP on September 6, 2023.
The Planning Commissioners discussed the existing animals on the property. The applicant
indicated there are chickens, pigeons, emus, goats, and other small animals that are kept on the
southern end of the property near the wooded area and each animal has a place in a shed or coop.
The applicant stated that her current dogs (8 females and 3 males) stay in an air conditioned and
heated shed or in the house. The Planning Commissioners expressed concerns that the property
may become too crowded. The applicant responded that the property is a full 5-acres and the new
kennel building would be fairly large and the dogs would have a separate fenced in area for
exercise. There was a discussion on the amount of space each adult dog would need in a kennel,
particularly for a standard size poodle. The applicant agreed to reducing the cap of adult dogs.
The applicant stated that animal waste is taken to a landfill weekly in Frederick County. There
was a discussion of how often the females will be bred and if it will be in conformance with
guidance from the American Kennel Club (AKC). The applicant stated that female dogs would
not be continuously bred, rather they would have sufficient breaks between litters.
There were two public commenters that raised concerns over the number of animals currently on
the property and the potential for more noise, traffic, and animal odors if the CUP is approved.
The Planning Commission recommended denial of the CUP application and sent the item
forward to the Board of Supervisors.
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 09/27/23
MEETING:
The applicant revised the application to decrease the maximum number of adult dogs on the
property to twelve (12) and the maximum number of litters per year to ten (10). The cap of
twelve (12) adult dogs on the property has been added as a condition on the CUP. These revised
figures were presented to the Board of Supervisors. The Board of Supervisors held a public
hearing, and several residents spoke in support of the application. The Board of Supervisors
tabled the application to have more time to consider the revised figures.
A decision regarding this Conditional Use Permit application by the Board of Supervisors
would be appropriate. The Applicant should be prepared to adequately address all concerns
raised by the Board of Supervisors.
CUP # 08 - 23: Yenisei Lambert
PIN: 34 - A - 241
Dog Kennel and Breeding Facility
Zoning Map
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CUP # 08 - 23: Yenisei Lambert
PIN: 34 - A - 241
Dog Kennel and Breeding Facility
Location Map
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Submittal Deadline
P/C Meeting c1 tr 3
L BOS Meeting 3
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant i check one : Property Owner ✓ Other
NAME: Yenisei Lambert
ADDRESS: 1900 Brucetown Rd.Clearbrook Va 22624
TELEPHONE AND EMAIL ADDRESS:
2. Please list all owners, occupants, or parties in interest of the property:
Yenisei Lambert,Jose Omel- "Aachado Polegrin,Ana Lambert,Joshua Gamez,Jacob Gamez
3. The property is located at: (please give exact directions and include the route number of
your road or street)
Its located on exit 321 of 81 left at the light where Martinsburg Pike crosses and make an immediate right into
Brucetown Rd.down about 1 mile to your left its the entrance to the property
4. The property has a road frontage of 0 feet and a depth of 644 feet and
consists of 5.02 acres. (Please be exact)
5. The property is owned by Yenisei Lambert as
evidenced by deed from James b.Craawford III (previous owner) recorded in
deed book no. 907 on page 730 , as recorded in the records of the CIerk of the
Circuit Court, County of Frederick.
6. Property Identification Number(P.I.N.)34 A 241
Magisterial District stonewall
Current Zoning RA
5
7. A41oining property:
North Residential
East fiesldrtatial -- -
South Farming -- - —
West Rosidantlal - --
8. The type of use proposed is(consult Tdth the IManning,V12f.bdare coWgi a):
Please see page attached wkh full oplanatlon
9. Describe,if applicable, any new buildings toabe-constsructed associated with We use:
Yes a building will ba ccnstructod,see map attached with Imaticn and aprcxlmato alzo --_-- _-_
10. The following are all of the individuals, funis, or corporations owning property
adjacent to beth sides and rear and in front of(across street from) the property
where the requested use will be conducted, (Continue on back if necessary)
These people will be notifled by mail of Is a 1 plication:
Massa and Jrroparty Idendt7catlon lumber Addreos
Name Devin Keczrn►erzewski 1902 Brucetown Rd
property# 34 A 25C Clear Brook VAI 22624
Naing Ann Friedman Laura 1910 Brucetown Rd
-property 34 A 24C ---- Clear Brook Va 22624
Name E J 1800 Brucetown Rd
propmy# 34 A 24 A - Clear Brook Va 22024
Name Daniels 0 Bridget 171 Sojourner Ln
propmy# 34 A 24N Clear Brook Va 22024 --- - -
Nms Lisle Srleann R 203 Sojourner Lane
Property 34 A 240 Clear Brook Vas 22624
Nme white Derry S JR 385 Back Mountain Rd
property# 34 A 240 Winchester Va 22602
Propmy#
Answer to question 8 and 9 of the original application
8.The type of use proposed is(consult with the Planning Dept. before completing):
I have always dreamed of having a facility where I would breed quality healthy,socialized puppies for
families. I moved to Clearbrook from Loudoun County with the hope of making this dream come to life.
would like to build a facility(kennel). My vision is to make separate rooms for each dog and make it
their own room looking space uniquely decorated. I would also want to have their separate run with a
doggie door and the run to be enclosed for protection and around the entire kennels perimeter build a
fence so that we will have the ability to open their run and let them have some play/training time etc.
My goal is to get to 2 liters per month and I will not have more than 50 dogs. I would like to open for the
weekends Friday,Saturday,and Sundays. I anticipate visitations of about 5 families per day.The
employees will be me,my husband, my mom which stays at home and my twin boys who are 18 years
old now and love dogs.
9. For buffer screening, I have built a 6 foot privacy fence in between the property line of my neighbor on
1902 Brucetown rd,Clear Brook Va 22624 and me.On every other side of my property dividing my other
neighbors there are a significant number of trees that could serve as privacy.
11, Please attach a alkctch of the me Show Proposed 0—fid/or existing st.Mjr@8 on the
Property, iftc-judlias measurements to All Prop-" lines, site access, lbjIc 0"dprivate
roads, and #Ay over pertinent (such #5 V
information specific to the desired wking),
n spccif
A recorded plat is the best thing to use for this if 4VA111019,
12, Place attach a witton do3cription of the PTOPO54d use Includinghours
(", Appropriatc)
Of OPC-rAti0ft; AUMb" Of efftPlOYeeS, number of customers anticipated, outdoor 00080,
and any other Porting"t inforron'tion to address additional, regulation for B-P,466P 0505
cont 'atno Ig Of Dan e,
I(we), theSne uWer-iI' -d, -do hereby respectfully
mo M-ft 9
-kq application the ovo- i g b, dy
and
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of Frederick County,Virginiato allow the use desembed-,in this application, hat the
sign issued to M #ppj'qatjo
P n is submitted must be pieced At, the front pfope-ft ling W
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1",- m seven (7) doys prior to the first public,hearing and mintained so as to be visible until after
the BOOM of Supervisors' public b9MIMS, 'Your 4PPUC-Ation for a Conditional Vic Pcmh
authorim any menib-cr of the !Frederick County Planning Co mission, BOAM Of SUMVISOVS Of
Fqajjqi"g and De -0
partment to in�pcc-t your prop", Where the pn PWd,ash will be
conducted.
4'AD owners listed on the,Property 04400 shall sign the R-PPliqAtion,
Sigpiftature of-Applic Ant
Signature of Owner(s)
Owners,MailiagAddlrcss TIM
Owners'Telephone No,
To 11E Cg=Ejp
wl)By IHE MINQ ADMINISTRATOR:
VSV CODE:
RENEWAL DATE:
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Lord Fairfax Health District
LORD Frederick/Winchester Environmental Health //` VIRGINIA
FAIRFAX
107 North Kant Street -Suite#201 / DEPARTMENTWinchester. VirDH
g=inia 22601 OF HEALTH
HEALTH DISTRICT Tel. (540)722-3480 — Fax (540) 722-3479 Prowfing You and rourbvironment
Nvww.vdh.vir`iinia.ao\r
April 26,2023
Yenisel Lambert
1900 Brucetown Rd.
Clear Brook, VA 22624
RE: Request for Comments for a proposed dog breeding kennel to be located at 1900 Brucetown
Rd. Clear Brook, VA(Frederick County TM# 34-A-24I).
Dear Yenisel Lambert:
I have evaluated your request for comments regarding a Conditional Use Permit request to
establish a dog breeding kennel at the referenced property.
Frederick-Winchester Environmental Health would have no objections to this request provided
the following conditions are met.
1. The proposed kennel(s)must be kept Ten(10) feet minimum from all components of the
existing alternative onsite sewage system(AOSS)connected to the dwelling designated
as 1900 Brucetown Rd.provided it will be built on a slab with no basement.
2. The proposed kennel(s)must be kept Fifty (50) feet minimum from the existing well.
3. Animal waste shall be collected, bagged and properly disposed of on a daily basis.
4. The kennel(s) is to be washed down daily, and as needed. A water and chlorine bleach
solution should be used to disinfect floors where feces and urine have been present.
Some commercial disinfectants should be avoided some can be harsh and affect
groundwater. The water used to clean and rinse shall not be directed to the existing
AOSS. If an onsite collection and disposal system is desired for wash and rinse water,
you should obtain a permit from the United States Environmental Protection Agency
(EPA), Ground Water&Enforcement Branch Region III 1650 Arch Street Philadelphia,
PA 19103-2029.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation 'F
Mail to: Hand deliver to:
Virginia Department of Transportation Virginia Department of Transportation
Attn:Resident Engineer Attn: Resident Engineer
14031 Old Valley Pike 14031 Old Valley Pike
Edinburg, Virginia 22824 Edinburg,Virginia 22824
Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also,please attach two(2)copies of your application form,location map and
all other pertinent information.
Applicant's Name: Yentsel Wnben _ Telephone: ( ��
Email Address:
Name of development and/or description of the request:
Cow doral use pwv9L I would tike to put a free standup lean-a br a dog ionnel so that i can do Puppy bmedirg
aft�t�fit ffe if[C toil.
R
Location of Property:
i9w Bnrcetom Rd-Cleatbroolc Va 22624
V'ngihia Depwt+eaennt of Tmuspal bdion Commeo s:
The application for a Cond4taonal INP Permit for this prolert appeare,to have littlo mvasnrahlP im net
li
on Route 672(Brucetown Road). The address is located within a private subdivision that provides
access oTiie proper y. I lie existing entrance is oca a on mee s en anee requirements.
Based on this information,VDOT can support the CUP request. If the business expands,VDOT reserves
the right to re-evaluate the entrance.
VDOT Signatlme&Dale: _ D "
Ne fee to VDOT-Please Refern Fw=to Applicant
y
,. A Frederick County Fire and Rescue Department
._, Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
.'. __- . • ' Phone: 540-665-6350 Fax: 540-678-4739
fmo@fcva.us
Plan Review
Conditional Use
Status: Approved with Conditions
Owner
Yenisei Lambert
1900 Brucetown Rd
Clear Brook, Virginia 22624
Phone:
Printed Date: 08/02/2023
General Information
Received Date: 04/26/2023 Occupancy Type:
Review Begin Date: 05/06/2023 Property Use:
Review End Date: 05/06/2023 Activity Number: 1041122
Hours: 1.0000 Review Cause: Application
Project Name Dog Kennel
Comments:
Any new structures shall have approved Fire Department Access,portable fire extinguishers,and smoke alarms in occupied areas.
Awn
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Mail to: Sand deliver to:
Frederick County Inspections Department Frederick County Inspections Department
107 North Kent Street,2M Floor Attn: . uin Official
RECEIVED
Winchester,Virginia 22601 107 North Kent Street,T'Floor
(544)565-5650 Winces, Virginia APR Z 6
Applicant: It is your responsibility to complete this form as accurately as possible in order toFtwoki 66
agency with their review_ Also, please attach two(2)copies of your application form,l�W n "F'on
all other pertinent information.
Applicant's Name: ven:sel iwrbed Telephone- (MAW18w _ -
Email Address: ygamez1214LOaLcom
Name of development and/or description of the request:
Conditional use pent,f would We to put a fret standup lemn4o lot a dog tcutwW so that f can do f Y breadkV
at the bottom of the IWL -
Location of Property:
19M Bnxetnwrt[yid Ciewbrodc Va 22624
Bud&ag O icisi's C 1a:
Building officiallIs Signatirfe&Date:
Nehm t9 juspechAas Deparrtntat-Please Tim Il+em to the App at
I
8/8/23,9:30 AM Untitled Page
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Map Number: 34 A 241 View Map Name: LAMBERT YENISEL
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