HomeMy WebLinkAbout08-23 PC Staff ReportCONDITIONAL USE PERMIT #08-23
YENISEL LAMBERT
Staff Report for the Planning Commission
Prepared: August 9, 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 Pending
Board of Supervisors: 09/27/23 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 Planning Commission 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. New structures to be used as kennels will require building permits prior to being constructed.
5. 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.
6. 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.
7. Any expansion or modification of this use will require the approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors
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CUP #08-23, Yenisel Lambert
August 9, 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: RA Use: Residential
South: RA Use: Agricultural
East: RA Use: Residential
West: 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 starting the business on a small scale, growing to have a maximum of
two (2) litters per month with a self-imposed cap of no more than fifty (50) dogs at any given time on the
property, not including puppies. The applicant has stated there would typically be no more than twenty-
five (25) dogs at one time, the aforementioned cap would not be the norm and would occur rarely, if ever.
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.
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
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CUP #08-23, Yenisel Lambert
August 9, 2023
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 and
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.
Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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