053-09Action:
BOARD OF SUPERVISORS: March 11, 2009 X APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning - Provisions to Add Veterinary Services for
Animal Specialties, excluding horses, with all activities and animals kept
within a fully enclosed primary structure (SIC 0742) as a Permitted Use
in the B1 (Neighborhood Business) District.
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — for provisions to add Veterinary Services for Animal
Specialties, excluding horses, with all activities and animals kept within a fully enclosed
primary structure (SIC 0742), as a permitted use in the BI (Neighborhood Business) District.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on January 22, 2009; and
WHEREAS, the Planning Commission discussed the draft ordinance on February 18, 2009;
and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick County
Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning —
for provisions to add veterinary clinics as a permitted use in the B I (Neighborhood Business)
District.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing to
consider revisions to Chapter 165, Zoning — for provisions to add Veterinary Services for
Animal Specialties, excluding horses, with all activities and animals kept within a fully
enclosed primary structure (SIC 0742) as a permitted use in the B1 (Neighborhood
Business) District.
Passed this 11 th day of March, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Awe Gary A. Lofton Aye
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher Ave Charles S. DeHaven, Jr. .Aye
Philip A. Lemieux Ave
A COPY ATTEST
—=
Johil . Riley, Jr.
Frederick County Administrator
Resolution #053 -09
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planneroo
Subject: Board of Supervisors Discussion — Veterinary Clinics in the B1 Zoning District
Date: March 2, 2009
Frederick County has received a request to add Veterinary Clinics as a permitted use in the B1
(Neighborhood Business) Zoning District. Currently, the Frederick County Zoning Ordinance allows
veterinary offices as a permitted use in the B2 (Business General) and the B3 (Industrial Transition)
Zoning Districts, and as a conditional use in the RA (Rural Areas) and RP (Residential Performance)
Zoning Districts. Staff has prepared an ordinance revision that would add "Veterinary Services for
Animal Specialties" (SIC 0742) to the B 1 Zoning District uses. This ordinance revision is intended
to only allow: animal and pet hospitals, Veterinarians for pets and Veterinary services. This
proposed ordinance excludes any type of livestock services and requires that all animals and
activities be kept within the enclosed primary structure.
The item was presented to the Development Review and Regulations Committee (DRRC) at their
meeting on January 22, 2009. The DRRC had minor changes to the wording of the proposed text but
ultimately supported the revisions and recommended it be sent to the Planning Commission for
discussion. The Planning Commission then discussed this item at their February 18, 2009 meeting.
The Commission unanimously supported the request and recommended that the request be forwarded
to the Board of Supervisors for discussion.
The attached document shows the existing Ordinance with proposed additions shown in bold italics.
This item is presented for discussion. Staff is seeking comments and direction from the Board of
Supervisors on this Zoning Ordinance text amendment. Attached is a resolution directing the item to
public hearing should the Board deem it appropriate.
Attachments: 1. Proposed Ordinance Revision ( §165 -37D)
2. Letter requesting the addition of Veterinary Clinics in the B1 Zoning District
3. Standard Industrial Classification (SIC) Group — 0742
4. Resolution directing the item to public hearing
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
ATTACHMENT 1
ARTICLE X
Business and Industrial Zoning Districts
§ 165 -82. District use regulations.
The following tables describe the business and industrial zoning districts in Frederick County,
the intent of those districts and the uses allowed in each district. Standard Industrial
classification numbers are provided for particular uses to assist the Zoning Administrator in
classifying uses. Determining whether a particular use should be classified under a particular
category remains subject to interpretation on the part of the Zoning Administrator.
A. Neighborhood Business District. The intent of this district is to provide small business areas
to serve the daily household needs of surrounding residential neighborhoods. Uses allowed
primarily consist of limited retailing and personal service uses. Business uses in this district
should be small in size and should not produce substantial vehicle traffic in excess of what
is usual in the residential neighborhoods. [Amended 4 -10 -19911
B1 Allowed Uses
Standard Industrial Classification
(SIC)
Veterinary Services for Animal Specialties 0742
with all activities and animals kept within
a fully enclosed primary structure
Food stores
Apparel and accessory stores
Drugstores
Miscellaneous shopping goods stores
Finance, insurance and real estate offices
Personal services, except the following:
Industrial launderers
Funeral homes and crematories
Car washes
Videotape rental
Medical offices
Child day -care services
Civic, social and fraternal organizations
Public buildings
Public utility distribution facilities
Business signs
Signs allowed in § 165 -30B [Amended 2 -13 -20081
Freestanding building entrance signs [Added 2 -13 -20081
Electronic Message signs [Added 2 -13 -20081
Multi -tenant complex signs [Amended 2 -13 -20081
Residential uses which are accessory to allowed
business uses
54
56
591
594
72
7217
726
7452
784
801, 802, 803 and 804
835
864
ATTACHMENT 1
Parks -
Churches -
Restaurants [Added 12 -9 -1992] 5812
Art dealers, art supplies and art framing -
[Added 4 -24 -19951
Fire stations, companies and rescue squads -
[Added 10 -27 -19991
Tobacco stores [Added 1 -10 -20011 5993
Accounting, auditing and bookkeeping -
[Added 1 -10 -20011
Health clubs no larger than 10,000 square feet 7991
[Added 2 -22 -20061
Gary J. Konkel 694 Federal Street Paris, VA 20130
NOV 3 2008
Oct 30, 2008
Ms. Candice E. Perkins, AICP
Fredei ick County Planning and Development
107 N. Kent Street
Winchester, VA 22601
Dear Ms. Perkins:
I have been referred to you by Eric Lawrence and I have discussed this issue with Messer's Lemieux and Kerr. My
name is Gary Konkel and I am an agent with Long and Foster Real Estate in Middleburg. I have been working with
a client for several years who is interested in purchasing a commercial property for use as a veterinary clinic for a
small animal practice_ We have experienced difficulty in finding a suitable location because of the small number of
B -2 zoned properties in our desired location. I understand that your Comprehensive Plan assumes that the districts
east of Winchester bordered by Rt. 7 and Rt. 50 are intended to be primarily residential areas. In researching the
Frederick County zoning ordinance I have come to believe that the B -1 zone should include veterinary offices as
a permitted use and would respectfully request that you consider amending your zoning ordinance accordingly. I
understand the reluctance to make zoning changes based on any single individuals need and I agree with that
position. However, I believe there is a strong rationale for making such a change for the consistency of your
ordinance and to better serve the needs of Frederick County citizens. My rationale follows:
The purpose of the B 1 zoning district is:
"B 1 Neighborhood Business District. The intent of this district is to provide small business areas to serve the daily
household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and
personal service uses. Business uses in this district should be small in size and should not produce substantial
vehicle traffic in excess of what is usual in the residential neighborhoods. [Amended 4- 10- 1991]"
Small Animal Veterinary Clinics are a business use that is a non intrusive, quiet, and low traffic volume operation
that provides a valuable service to residential property owners. Unlike kennels, vet clinics do not introduce
significant noise. In fact, they are similar to private residences having dogs for pets. They do not create nuisance
factors for neighboring residences.
Small Animal Vet Practices meet the intent of the B -1 district. Vet Clinics are similar to a medical building which is
a permitted use within the district. It is a personal service business that meets the daily household needs of the
surrounding residential neighborhoods. Vet Clinics are typically small in size and would not produce substantial
vehicle traffic in excess of what is usual in the residential neighborhoods.
There is an increasing need for Vet Clinic locations that are located near intensive residential areas. Because they are
a non intrusive use, they can be placed near residential areas and provide greater convenience and reduce travel time
and expenses for clinic patrons. There seems to be little rationale for requiring that Vet Clinics to be located in areas
with intensive business uses. They are not serviced by large delivery trucks. They do not create large volumes of
traffic and do not require a lot of parking because clientele are schedule for appointment. Vet Clinics do not create
excessive waste or use unusual amounts of water or sewer capacity.
NI
Vet Clinics are a use permitted by a Conditional Use Permit in the RP zoning district. That would lead one to
believe that county planners recognize that Vet Clinics can exist even within residential neighborhoods. Granted
that conditions may be placed on the use, but it doesn't seem to make sense that Vet Clinics can be approved in RP
Gary J. Konkel 694 Federal Street Paris, VA 20130
districts and not B1 districts. It appears to be a more logically consistent policy to permit the use in a more restricted
Business district than in a residential district.
I would be happy to meet with you to further discuss this issue. Please let me know of a time that is couvenient.
i
Thank you for your assistance in this matter.
Sincerely, 1 /�
Gary . Konkel
540.592.9008
540.272.6685
32 STANDARD INDUSTRIAL CLASSIFICATION
Industry
Group
No.
072
074
Industry
No.
CROP SERVICES —Con
0722 Crop Harvesting, Primarily by Machine —Con.
B8rAE%6 machine harvesting of
rw
�ua�i
ciataa, machine harvesting of
Fruits, machine mg o f
Grain, machine hazTesting MT mowing, rafting, baling and chop.
1a
Nuts. machine harvesting of
Peanuts, machine harvesting of
Sugar beef machine barvesting of
Sugarcane, machine harvesting of
Vegetables, machine harvesting of
0723 Crop Preparation Services for Market, Except Cotton Ginning
Establishments Primarily engaged in performing services on crops, subse-
quent to their harvest, with the intent of preparing them for market or fur-
ther processing. Establishments primarily engaged in braying farm products
for resale to other than the general public for household consumption and
Which also prepare them for market or further processing are cl in
Wholesale Trade. Establishments primarily engaged in stemming and redry-
ing tobacco are classified in Manufacturing, Industry 2141.
.seen .
cleaning
Cora shelling Nut hulling and shelling
C seed delinting Packaging fresh or farm -ried fruits
Drying of corn rice hay. fruits, and and vegetables
vegetables Peanut sh elling, custom
Flat decorticating and retting Potato curi
Fruit pre¢ooling, not in connection with Seed cleaning
hneportation Sorting. grading. and packing of fruits
Frait vacumn tooling and vegetables
Grain cleaning Sweet potato curing
Grain f„ ® Tobacco grading
Grain grinding custom Vegetable pre -ooling, not m connection
Vices ginning with transportation
0724 .Cotton Ginning Vegetable vacuum cooling
Establishments primarily engaged in ginning Cotton.
Cotton Cotten p c� -• - Gins, cotton. operation of
VETERINARY SERVICES
0741 Veterinary Services for Livestock
Establishments of licensed practitioners primarily engaged in the practice of
veterinary medicine, dentistry, or surgery, for cattle, hogs, sheep, goats, and
Poultry Establishments of licensed practitioners primarily engaged in treating
all other animals are classified in Industry 0742.
Animal hospitals for livestock
Ve tet rinarians for livestock Veterinary service. for livestock
0742 Veterinary Services for Animal Specialties
Establishments of licensed practitioners primarily engaged in the Practice of
veterinary medicine, dentistry, or surgery, for animal specialties. Animal spe-
cialties include horses, bees, fish, fur bearing animals, rabbits, dogs, cats, and
Other pets and birds, except poultry. Establishments of licensed practitioners
Primarily engaged in veterinary medicine for cattle, hogs, sheep, goats, and
Poultry are classified in Industry 0741.
Animal hospitals for pets and other
animal specialties Veteri services for pets and other
Pet hospitals animal specialties
Veterinarians .for pets and other
animal specialties
0