HomeMy WebLinkAbout03-23 PC Staff ReportCONDITIONAL USE PERMIT #03-23
CANDACE LUNDIN, DVM AND FRANK ZUREICK
Staff Report for the Planning Commission
Prepared: June 22, 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 Pending
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 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.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 plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning 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.
8.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 #03-23, Candace Lundin DMV & Frank Zureick
June 22, 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
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CUP #03-23, Candace Lundin DMV & Frank Zureick
June 22, 2023
or otherwise keep or 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
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.
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CUP #03-23, Candace Lundin DMV & Frank Zureick
June 22, 2023
Frederick Water: No comments at this time. Please see attached letter date March 1, 2023.
Winchester Regional Airport: No comment. Please see attached letter dated March 10, 2023.
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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