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HomeMy WebLinkAbout08-23 BOS Staff Report - OctoberCONDITIONAL USE PERMIT #08-23 YENISEL LAMBERT Staff Report for the Board of Supervisors Prepared: September 28, 2023 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 & Brucetown 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 #08-23, 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 #08-23, 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.