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Home My WebLink About03-23 BOS Staff ReportCONDITIONAL USE PERMIT #03-23 CANDACE LUNDIN, DVM AND FRANK ZUREICK Staff Report for the Board of Supervisors Prepared: July 26, 2023 Staff Contact: Amy L. Feltner, 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: 07/05/23 Recommended Approval Board of Supervisors: 08/09/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Candace Lundin and Frank Zureick for a dog kennel and breeding. 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. A maximum of two (2) employees, 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. Hours of operation for the public to access the property shall be 9:00 a.m. to 8:00 p.m. seven days a week. 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 10 feet (FT) in height is permitted. 7. An illustrative sketch, in accordance with the requirements of Article VIII of the Frederick County ordinance 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 is required. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, 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. Page 2 CUP #03-23, Candace Lundin DMV & Frank Zureick July 26, 2023 LOCATION: This property is located at 159 Larrick Lane, Middletown, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 91-3-5 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Single Family Detached Residential South: RA (Rural Areas) Use: Single Family Detached Residential East: RA (Rural Areas) Use: Single Family Detached Residential West: Roadway Use: Interstate 81 PROPOSED USE: This application is for a dog kennel and breeding on 6.32+/- acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: The Applicant proposes to board and breed dogs with up to sixteen (16) female Russell Terrier breeding dogs, not including the litters, at any given time. Another fifteen (15) dogs reside within the home. All dogs are housed in crates inside the home or within the fully insulated, and conditioned, kennel located in the existing garage/workshop. Dogs are secured in six (6) outdoor play yards when appropriate weather permits. Applicant proposes 20-30 litters annually, with each litter size consisting of 3-5 pups each. Customers are by appointment only. Visits to the kennel average 1-2 per week. Comprehensive Plan Conformance: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will take place on a 6.32 +/- acre parcel surrounded by properties that are zoned RA. The 2040 Comprehensive Plan provides guidance when considering any land use actions. The area where this property is located is outside the Urban Development Area (UDA), outside the Sewer and Water Service Area (SWSA) and is not part of any other land use plan. This area of the County is intended to remain rural in nature. 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 keep or care for dogs for sale or in return for compensation.” The Zoning Page 3 CUP #03-23, Candace Lundin DMV & Frank Zureick July 26, 2023 Ordinance requires that kennels be subject to additional performance standards to mitigate negative impacts to adjoining residential properties. These additional standards include: all dogs are to be confined within a secure structure, and the installation of a Category C Buffer where the adjoining properties are used for residential purposes. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately +/- 350-feet to the south and to the north. This kennel use, as described in the application narrative, will be conducted indoors and therefore meets the intent of the Zoning Ordinance. Per the Zoning Ordinance, all dogs must be confined indoors, except for when they are walked or exercised within the fenced area. Winchester-Frederick County Health Department: This office has no objections to the proposal. The plan is well thought out. No further comments or recommendations. Please see the attached letter from Jim Davis, Environmental Health Supervisor dated February 23, 2023. Virginia Department of Transportation: A VDOT Review has been completed of the Conditional Use Permit for Candace Lundin, DVM & Frank Zureick to operate a Dog Breeding Kennel at 159 Larrick Lane, Middletown. The existing access to the property appears to be sufficient for the proposed use, which will generate very few trips, according to the CUP application. We have no objection to the Conditional Use Permit as presented. Please see the attached email from Timothy Rhodes, Land Development Engineering dated March 22, 2023. Frederick County Fire Marshal: Approved with condition. Portable fire extinguishers shall be installed as outlined in the applicable building code. Please see the attached letter from Adam Hounshell, lieutenant/Assistant Fire Marshall dated March 22, 2023. Frederick County Inspections: The current records indicate the building is currently a detached garage. The building will require a change of use permit as per the Virginia Uniform Statewide Building Code. Any new construction will be required to meet the 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. Exiting Signage and emergency lighting shall be required. Please see the attached letter from Mark Fleet, Building Official dated March 20, 2023. Frederick County Public Works: We offer no comments at this time. Please see the attached letter from Joe Wilder, Director of Public Work dated March 3, 2023. Frederick Water: No comments at this time. Please see attached letter date March 1, 2023. Page 4 CUP #03-23, Candace Lundin DMV & Frank Zureick July 26, 2023 Winchester Regional Airport: No comment. Please see attached letter dated March 10, 2023. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 07/05/23 MEETING: The Planning Commission held a public hearing to consider this Conditional Use Permit on July 5, 2023. Members of the Planning Commission discussed the number of adult dogs, the quantity of litters, and any state agency regulations/licensing requirements for the number of animals proposed. Additional discussion was held on the CUP’s recommended attached conditions. The applicant provided a full scope of the kennel operation. The Planning Commission unanimously voted to recommend approval of the CUP as presented and sent the item forward to the Board of Supervisors. Following this public hearing, 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.