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PC 09-06-23 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.July 5, 2023 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #08-23 for Yenisel Lambert - (Mrs. Peloquin) Submitted for a dog kennel and breeding facility. The property is located at 1900 Brucetown Road, Clear Brook, Virginia and is identified with Property Identification Number 34-A-24I in the Stonewall Magisterial District. 7.Information/Discussion 7.A.Ordinance Amendments - Home Occupation, Accessory Dwellings, and MDP's - (Mr. Klein) Home Occupations (§165-101.02) This is a proposal to amend the definition for "home occupations" to allow qualifying home occupations to operate in a detached accessory building in the RA (Rural Areas) Zoning District. Accessory Dwellings (§165-201.05(B)) AGENDA PLANNING COMMISSION WEDNESDAY, SEPTEMBER 6, 2023 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC09-06-23MinutesJuly5.pdf PC09-06-23CUP08-23_Redacted.pdf 1 This is a proposal to amend the "secondary or accessory uses" section to establish a minimum square footage (SF) allowance for accessory dwelling of 500 SF. Master Development Plans (§165-801.06(A) & §165-801.08) This is a proposal to clean up the above sections to reflect the County's adopted submission procedures for master development plans (MDP) and to remove remaining reference to public meetings. 7.B.2023-2028 Capital Improvement Plan (CIP) - (Mr. Bishop) This is a minor update to the CIP transportation section to clearly identify projects or components of projects that are under application with the Virginia Department of Transportation for funding under the Revenue Sharing Program and the Transportation Alternatives Program. The CIP is a prioritized list of capital projects requested by various county departments and agencies. The Plan is created as an informational document to assist in the development of the County's annual budget. If adopted, the CIP is based on the Comprehensive Plan. 8.Other 8.A.Current Planning Applications 9.Adjourn PC09-06-23OA_HomeOccupations_AccessoryDwellings_MDP_Other(Minor).pdf PC09-06-23_2023-2028CIPUpdate.pdf 2 Planning Commission Agenda Item Detail Meeting Date: September 6, 2023 Agenda Section: Meeting Minutes Title: July 5, 2023 Meeting Minutes Attachments: PC09-06-23MinutesJuly5.pdf 3 Frederick County Planning Commission Page 4037 Minutes of July 5, 2023 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 5, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: H. Paige Manuel, Shawnee District; Robert S. Molden, Opequon District. STAFF PRESENT: Wyatt G. Pearson, Director; Amy Feltner, Planner I; Patricia Taylor, Secretary. CALL TO ORDER Chairman Jewell called the July 5, 2023 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon a motion made by Commissioner Orndoff and seconded by Commissioner Thomas the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- 4 Frederick County Planning Commission Page 4038 Minutes of July 5, 2023 COMMITTEES Board of Supervisors – Mtg. 06/14/23 Supervisor Lockridge, Board of Supervisor Liaison, reported the Board postponed the Fruit Hill rezoning until July 12th and there was no action taken for the shipping container ordinance amendment. ------------ CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #03-23 for Candace Lundin, DVM and Frank Zureick (Evan Lundin) submitted for a dog-kennel and breeding facility. The property is located at 159 Larrick Lane, Middletown, Virginia and is identified with Property Identification Number 91-3-5 in the Opequon Magisterial District. Action – Recommend Approval Amy Feltner, Planner I, reported this is a request for a Conditional Use Permit (CUP) for Dog Kennel/Breeding. The property of 6.32+/- acres is located at 159 Larrick Lane in the Opequon Magisterial District and is zoned RA (Rural Areas) District. She presented a location map of the property. Mrs. Feltner continued, the Frederick County Zoning Ordinance defines a Kennel: “As a place to house, board, breed, handle, and otherwise keep or care for dogs for sale or in return for compensation”; Kennels are permitted in the RA (Rural Areas) with an approved Conditional Use Permit (CUP). She shared, the properties adjacent to this proposed CUP are zoned RA and the nearest dwellings are approximately 350 feet to the north and south of the property. The Frederick County Zoning Ordinance requires that kennels be subject to additional performance standards to mitigate negative impacts to adjoining residential structures and a Category C separation buffer and screening is required. Mrs. Feltner explained, the kennel use, as described in the application narrative, will be conducted indoors and therefore meets the intent of the Zoning Ordinance. The kennel operation will be conducted inside the existing garage and in a detached kennel which is fully enclosed, insulated, and provided with conditioned air. The Applicant proposes to Board and Breed sixteen (16) female Russell Terriers, not including the litters, and fifteen (15) within the home; have proposed 20-30 litter annually, consisting of 3-5 pups per litter; and customers are by appointment only and visits to kennel average 1-2 5 Frederick County Planning Commission Page 4039 Minutes of July 5, 2023 per week. Mrs. Feltner concluded, should the Planning Commission find the use to be appropriate, Staff would suggest the following conditions: 1. All review agency comments and requirements 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 p.m. to 7 a.m. 4. The hours of operation for the public to access the property shall be between the hours of 9:00 a.m. to 8:00 p.m. 5. New structure to be used as kennels will require building permits prior to being constructed or relocated on the property. 6. One 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. Commissioner Thomas asked if the Applicant understands what a Class C buffer and screening is. Mrs. Feltner stated we have discussed the options she has for a Class C buffer and screening and where the locations need to be. Commissioner Thomas asked if all the neighbors were notified about this Conditional Use Permit. Mrs. Feltner explained, all adjoining neighbors were notified. Commissioner Stowe inquired if this is an existing use. Mrs. Feltner responded this is an existing kennel that is in operation, and it is a zoning violation; in order to abate the violation, the Applicant is trying to comply by obtaining the Conditional Use Permit. Commissioner Brumback requested clarification on what a Class C buffer is and what would be required in this situation. Mrs. Feltner explained, the garage is estimated to be approximately 120 ft. from the front of the road, the runs for the dogs will be off to the south and some to the front and some to the north; based on the distance whether over or under 200 ft. you can do a landscape buffer which is an average of 10 ft. in dept with 3 trees in a 10 ft. linear direction. She noted, there are options to do fencing; the Applicant has the existing kennel contained; it would be the runs for the dogs that would be in question. Commissioner Stowe asked how far the kennel is from the closest adjoining property. Mrs. Feltner shared the enclosed kennel is approximately 350 ft. to the nearest home; it is the runs that go out farther and they vary in distance. Commissioner Brannon asked if the dogs could go outside on leashes during the confined hours of 9 p.m. to 7 a.m. Mrs. Feltner stated the intent for the confinement time is to mitigate any noise and unless there are complaints, we would not be aware of them being taken out. Commissioner Brannon commented the Applicant provided in the documents information that dogs should not go more than 8 hours without going outside; she is concerned for the wellbeing of the dogs. Commissioner Thomas thinks this is the largest number of dogs brought to the Planning Commission for review for a kennel or breeding facility; is there a state agency that regulates the breeding of this many dogs. Mrs. Feltner deferred the question to the Applicant. Commissioner Thomas asked if the Zoning Ordinance has two categories of 6 Frederick County Planning Commission Page 4040 Minutes of July 5, 2023 kennels; one that would be the normal size of 10-15 dogs; He feels this is more of a breeding facility than kennel. Mrs. Feltner explained, the Zoning Ordinance defines anything that is more than one litter as a kennel and breeding; there is no breakdown further than that. Mrs. Candace Lundin, DVM, the Applicant, came forward to address comments and concerns. She began, the kennel is approximately 15 ft. from the house. She share photos of the total layout of the kennel, the runs, and the remaining property. Commissioner Stowe inquired what the maximum number of dogs was at any one time. Mrs. Lundin explained the number of dogs can vary; the most they have had was 40 and that was too many for them to handle. She continued; this is not just to make money from the selling of the puppies; this is a new breed of dogs that she has helped develop. Commissioner Thomas commented that it appears currently there are 31 adult dogs on the property. Mrs. Lundin explained, there are 31 adult dogs; the adult dogs are retired fairly young (4-6 years old) then spayed and introduced to new homes. Commissioner Thomas asked if there is a state agency that controls how many dogs and how they are being taken care of. Mrs. Lundin commented The American Kennel Club performs an inspection every 1 to 3 years. Commissioner Thomas inquired about the disposal of waste. Mrs. Lundin explained they have a perforated pipe cleaning system for washing water in the kennel that goes into the drain field and the other is bagged and taken to the landfill. Commissioner Stowe asked if the CUP were to be pulled where would that leave the Applicant. Mrs. Lundin stated this is a hobby and not income to make a living. Commissioner Brannon asked the Applicant if she had heard any complaints from the neighbors. Mrs. Lundin explained, they have talked to the neighbors; only one asked if the dogs could be put in earlier and they agreed to that. She noted, she does not feel the Class C buffer will help; she is willing to put trees directly behind the runs and could also do shrubs. Wyatt G. Pearson, Director, commented that a Class C buffer would be required. Commissioner Brannon asked Staff does fencing count as a secure structure. Mrs. Feltner responded the kennel would be defined as the secure structure. Commissioner Brannon asked the Applicant about the rotation of the dogs. Mrs. Lundin stated they are continually moved from the kennel to the home. Commissioner Triplett inquired if there is wire or mesh wire inside the board fence that contains the dogs. Mrs. Lundin stated yes that is correct. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas commented that this is a well thought out and professional operation. Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #03-23 for Candace Lundin, DVM and Frank Zureick (Evan Lundin) submitted for a dog-kennel and breeding facility. The property is located at 159 Larrick Lane, Middletown, Virginia and is identified with Property Identification Number 91-3-5 in the Opequon Magisterial District. (Note: Commissioner Molden and Commissioner Manuel were absent from the meeting). 7 Frederick County Planning Commission Page 4041 Minutes of July 5, 2023 INFORMATION/DISCUSSION Ordinance Amendment – Conversion of Allowed Uses to NAICS; Additions and Deletions to Allowed Uses List Wyatt G. Pearson, Director, reported there are two proposals for consideration. He noted, they are not mutually exclusive; Staff has separated the proposals to ensure the potential changes outlined below in “Proposal B” do not get lost in the complexity of “Proposal A.” Proposal A: Conversion of Allowed Uses Terminology: • Amend “Allowed Uses” tables in planned development, business, and industrial districts to update and convert permitted uses terminology to NAICS and remove reference to SIC. • Remove SIC references in other sections, where applicable. • NAICS is an “alternative system for classifying business establishment” and is maintained and updated on a regular basis (last updated in 2022). • NAICS may be a “resource” for Zoning Administrator interpretation in determining if a use is allowed in certain districts. • Current ordinance utilizes SIC las updated in 1987. Proposed B: Additions & Deletions to “Allowed Uses” Lists: • Add or remove specific uses from the business and industrial districts “Allowed Uses” tables. • In some cases, the proposed addition expands “Allowed Uses” list to better meet “intent” of each zoning district and/or reflect uses not in existence when SIC was last updated. B1 (Neighborhood Business) District • “Car Washes” were removed from the “Allowed Uses” list. **This deletion was at the recommendation of the Development Review and Regulations Committee (DRRC). B2 (General Business) District • Additional uses proposed: o Broadcasting and Content Providers o Automotive Oil Change and Lubrication Shops o Technical and Trade Schools B3 (Industrial Transition) District • Additional uses proposed: o Warehousing and Storage o Gasoline Stations with or without Convenience Store (and excluding Fuel Dealers) 8 Frederick County Planning Commission Page 4042 Minutes of July 5, 2023 o Professional, Scientific, and Technical Services including Testing Laboratories and including General Business Offices o Electronic Precision Equipment Repair and Maintenance o Consumer Goods Rentals o Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing TM (Technology-Manufacturing Park) District • Additional uses proposed: o Storage Batteries and Primary Batter Manufacturing M1 (Light Industrial) District • Additional uses proposed: o Storage Batteries and Primary Battery Manufacturing o Waste Management and Remediation Services limited to glass, cardboard, and plastics recycling and excluding incinerators M2 (Industrial General) District • Tractor truck and tractor truck trailer parking was relocated from the “Conditional Uses” list to the “Allowed Uses” list MS (Medical Support) District • No changes to the “Allowed Uses” list HE (Higher Education) District • The permitted use list was expanded to include accessory and secondary uses typically associated in conjunction with education campus settings, for example: restaurants and retail uses. EM (Extractive Mining) District • “Parks” were added to the “Permitted Uses” list Mr. Pearson concluded, the DRRC held discussions on February 23rd, March 23rd, and April 27th; they endorsed proposed changes including use list additions and recommended deletion of “Car Washes” from the B1 District. Staff is seeking any comments from the Planning Commission to forward to the Board of Supervisors for discussion on Proposal A (Conversion of “Allowed Uses” Terminology”) and Proposal B (Additions and Deletions to “Allowed Uses” List). Commissioner Thomas commented regarding Higher Education District; he asked if the property is for Higher Education and is sold to a developer, could the developer put anything on the property that falls under the Higher Education classification even though it may not be for Higher Education use. Mr. Pearson stated that is correct; it is not as extensive of a list as B2 but there are a lot of B2 uses in there that are in conjunction with the Higher Education classification. Commissioner Thomas asked why we would not strip the Higher Education classification if it was sold for commercial development. Mr. Pearson 9 Frederick County Planning Commission Page 4043 Minutes of July 5, 2023 explained the benefit that can be derived right now from the situation is there are very little to zero Higher Education zonings; anything you would have would be a new proposal and reviewed under that lens with this permitted use district and you could proffer out potential uses. He noted, it was viewed in the initial conversations as imagining a campus growing which makes sense to allow flexibility rather than have to come to rezone it. Commissioner Thomas stated he feels if other owner not supporting the Higher Education facility, then it should be stripped back to the original zoning. Commissioner Aikens asked regarding Commissioner Thomas’s questions; wouldn’t that be getting into the actual zoning and not the re-classification. Mr. Pearson stated Commissioner Thomas’s comments would apply to proposal B. Commissioner Kerns inquired if there are any existing businesses in this zoning that this would change. Mr. Cheran explained if they were to sell the property the new owner would still be able to use as is and as non-conforming; if the property stayed off the market and not used for two years, it reverts back to original zoning and would not be allowed in that district. Commissioner Orndoff commented he does not see the objection to the Higher Education classification if the campus is sold; he is not in favor of it reverting back if sold. Commissioner Stowe commended Mr. Cheran and Mrs. Feltner on all their hard work on this project; as a user this is a much better system for the public and those that use the zoning ordinance. He feels this should be embraced and moved forward. Chairman Jewell echoed Commissioner Stowe’s comments. ------------- OTHER Wyatt G. Pearson, Director, reported Staff is working ahead on six Comprehensive Plan Amendments and there will be a joint work session in the near future. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Orndoff to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting was adjourned at 8:00 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 10 Planning Commission Agenda Item Detail Meeting Date: September 6, 2023 Agenda Section: Public Hearings Title: Conditional Use Permit #08-23 for Yenisel Lambert - (Mrs. Peloquin) Attachments: PC09-06-23CUP08-23_Redacted.pdf 11 CONDITIONAL 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 12 Page 2 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 13 Page 3 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. 14 34 A 24I 668QUARRY LN 160GRASSHOPPER LN 1902BRUCETOWN RD 203SOJOURNER LN 1910BRUCETOWN RD171SOJOURNER LN 1890BRUCETOWN RD 106SOJOURNER LN SOJOURNER LNApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 14, 2023 Clear Brook BRUCETOWN RDSIR JOHNS RDGRASSHOPPER LNMACABOY LN0 160 32080 Feet CUP # 08 - 23: Yenisel LambertPIN: 34 - A - 24IDog Kennel and Breeding FacilityZoning Map CUP #08-23 15 34 A 24I 668QUARRY LN 160GRASSHOPPER LN 1902BRUCETOWN RD 203SOJOURNER LN 1910BRUCETOWN RD171SOJOURNER LN 1890BRUCETOWN RD 106SOJOURNER LN SOJOURNER LNApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 14, 2023 Clear Brook BRUCETOWN RDSIR JOHNS RDGRASSHOPPER LNMACABOY LN0 160 32080 Feet CUP # 08 - 23: Yenisel LambertPIN: 34 - A - 24IDog Kennel and Breeding FacilityLocation Map CUP #08-23 16 17 18 19 20 21 22 23 24 25 26 Planning Commission Agenda Item Detail Meeting Date: September 6, 2023 Agenda Section: Information/Discussion Title: Ordinance Amendments - Home Occupation, Accessory Dwellings, and MDP's - (Mr. Klein) Attachments: PC09-06-23OA_HomeOccupations_AccessoryDwellings_MDP_Other(Minor).pdf 27 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendments – Home Occupations, Accessory Dwellings, Master Development Plans & minor text amendments (multiple). DATE: August 21, 2023 Proposal & Current Standard: The following changes are proposed by Planning and Development Department staff to Chapter 165- Zoning Ordinance. These items are not mutually exclusive but are summarized here as a package of minor amendments. 1) Home Occupation: This is a proposal to amend the definition (§165-101.02) for “home occupations” to allow qualifying home occupations to also operate in a detached accessory building only in the RA (Rural Areas) Zoning District. Current Standard: The Zoning Ordinance defines “home occupations” as an occupation or professional customarily carried out fully within a dwelling unit, with no employees (except those residing on the premise) and limited to less than five (5) customers per day. Home occupations are a by-right use in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), MH1 (Mobile Home Community) and RA (Rural Areas) Zoning Districts. 2) Accessory Dwellings: This is a proposal to amend the “Secondary or accessory uses” section (§165-201.05) to establish a minimum square footage (SF) allowance for accessory dwellings of 500 SF, or 25% of the gross floor area, whichever is greater. Current Standard: The Zoning Ordinance currently permits accessory dwellings as no more than 25% of the gross floor area of the primary residential structure on the lot. For example, a 1,500 GSF single-family home would be allowed to have an accessory dwelling of only 375 SF. This potentially limits the ability of property owners to create an accessory dwelling with sufficient habitable space that fulfills all building code requirements. 3) Master Development Plans: This is a proposal to clean up Part 801 of the Zoning Ordinance to reflect the County’s adopted submission procedures for master development plans (MDP) and to remove remaining references to public meetings requirements prior to MDP approval. Current Standard: The master development plans (MDP) section (§165-801) was amended in October 2021 to remove public meeting requirements from the MDP review and approval requirements. §165-801.06(A) and §165-801.08 still contain references to public meeting requirements and should be amended for consistency throughout the section. 28 DRRC Discussion OA – Ordinance Amendments – multiple August 21, 2023 Page 2 4) Other Minor Amendments (multiple): This is a proposal to amend §165-101.02 (Definitions) to remove language that does not conform to state and federal definitions for “intellectually or developmentally disabled persons.” A separate proposal updates word usage where “principle” is used incorrectly (§165-608.05) instead of “principal” when referring to a primary structure. Current Standard: The current Zoning Ordinance contains incorrect terminology and requires minor changes to word usage. Meeting Summary & Requested Action: The Development Review & Regulations Committee (DRRC) discussed the proposed changes to home occupations, accessory dwellings and master development plans respectively at their July 27, 2023, meeting and supported the proposed changes. The other (minor) amendments were sent forward for discussion at the direction of the County Administrator and the County Attorney. Staff is seeking comments from the Planning Commission and the Board of Supervisors for additional discussion. The Board of Supervisors may choose to send the items forward for public hearing. MTK/pd Attachments: 1. Proposed Changes – Home Occupations 2. Proposed Changes – Accessory Dwellings 3. Proposed Changes – Master Development Plans 4. Proposed Changes – Other (Minor) Amendments 29 Proposed Changes – Home Occupation Revised July 24, 2023 Chapter 165 – Zoning Ordinance ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CODNTIONAL USE PERMITS Part 101 – General Provisions §165-101.02 Definitions. HOME OCCUPATION An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principle principal building or structure. In the RA (Rural Areas) Zoning District a home occupation may be carried on in an accessory building; B. Is carried on by members of the household residing on the premises; C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principle principal building and neighborhood; D. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion and does not adversely affect the surrounding properties; E. Requires no internal or external alterations or construction features or equipment or machinery not customary in residential areas; and F. Serves no more than five customers per day. 30 Proposed Changes – Accessory Dwellings Drafted April 25, 2023 Chapter 165 – Zoning Ordinance ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations §165-201.05 Secondary or accessory uses. When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use. A. Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use. B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met: 1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet, whichever is greater. 2) In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure. 3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District and R5 Residential Recreational Community District. C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman. D. Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light Industrial District as an accessory or secondary use to any allowed use or group of allowed uses in an industrial park. E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm. F. Secondary or accessory uses shall be permitted by right in the B1, B2, B3, TM, M1 and M2 Districts, but only in conjunction with and secondary to a permitted principal use. The square footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor area of the related principal use. In the B3, OM, M1 and M2 Districts, no more than 15% of the gross floor area of the principal use may be used for accessory retail sales, and in no case shall the 31 Proposed Changes – Accessory Dwellings Drafted April 25, 2023 accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the limit of 25% on secondary uses. 32 Proposed Changes – Master Development Plans Revised August 22, 2023 Chapter 165 – Zoning Ordinance ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801 – Master Development Plans §165-801.06 Master development plan submission. Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application, together with completed application materials required by the Department of Planning and Development. A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development. B. A traffic impact analysis (TIA) shall be prepared and submitted to the Department of Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. C. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. §165-801.08 Changes to approved master development plans. Changes to an approved MDP shall occur only after review by the Planning Commission Department and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. 33 Proposed Changes – Changes to Word Usage Revised August 22, 2023 Chapter 165 – Zoning Ordinance ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions §165-101.02 FAMILY CARE HOME A residential facility intended primarily for mentally retardedintellectually or developmentally disabled residents, or residents with emotional or behavioral problems who are provided with a program of services and protective supervision in a home setting. GROUP HOME A residential facility for intellectuallymentally retarded or developmentally disabled persons who may require personal care and supervision, and who may be considered to be potential candidates for independent living. ADULT CARE RESIDENCES A public or private establishment operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Adult care residences do not include facilities or portions of a facility licensed by the State Board of Health or the Virginia Department of Behavioral Health and Developmental ServicesDepartment of Mental Health, Mental Retardation and Substance Abuse Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 – EM Extractive Manufacturing District §165-608.05 Setback and yard requirements. A. Front setback. 1. All principle principal and accessory structures shall be set back 75 feet from any road, street or highway right-of-way. 2. Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. 34 Planning Commission Agenda Item Detail Meeting Date: September 6, 2023 Agenda Section: Information/Discussion Title: 2023-2028 Capital Improvement Plan (CIP) - (Mr. Bishop) Attachments: PC09-06-23_2023-2028CIPUpdate.pdf 35 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: John Bishop, AICP, Assistant Planning Director DATE: August 31, 2023 RE: 2023-2028 Capital Improvements Plan (CIP) minor update Request Staff is seeking a recommendation to the Board of Supervisors regarding a minor update to the CIP in support of several funding requests that are currently on file with VDOT. While these projects are already conceptually included in the Comprehensive Plan, specific inclusion into the CIP will assist the applications in being more competitive. The update is as follows: 16.Route 11 at Shawnee Drive widening and Intersection improvements 21.Warrior Drive South Extension Including Brandy Lane Upgrade 27.Warrior Drive Pedestrian Improvements 28.Valley Mill Road Pedestrian Improvements 29.Inverlee Way Pedestrian Improvements Background The Capital Improvements Plan (CIP) is a document that consists of a schedule of major capital expenditures for the County for the ensuing five-year period, as well as a category for long term projects (6 + years out). The CIP is intended to assist the Board of Supervisors in preparation of the County budget. In addition to determining priorities for capital expenditures, the County must also ensure that projects contained within the CIP conform to the Comprehensive Plan. Specifically, the projects are reviewed with considerations regarding health, safety, and the general welfare of the public, and the policies of the Comprehensive Plan. The inclusion of projects on the CIP is in no way an indication that Frederick County will be undertaking these projects. The CIP is strictly advisory; it is intended for use as capital facilities planning document, not for requesting funding allocations. Once adopted, project priorities and cost estimates may change throughout the year based on ch anging circumstances. It is also possible that projects may not be funded during the year indicated in the CIP. The status of any project becomes increasingly uncertain the further out the project date is identified. The CIP is also updated annually, and projects are removed from the plans as they are completed or as priorities change. 36 2023-2028 CIP – Discussion August 31, 2023 Page 2 Conclusion The Transportation Committee reviewed this item at their meeting on August 28, 2023, and has recommended approval. Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors regarding this minor update to the 2023-2028 CIP. It is also the role of the Planning Commission to affirm that the 2023-2028 CIP is in conformance with the Comprehensive Plan. Please contact the Planning Department should you have any questions regarding this information. JB/pd Attachments 37 38 39 40 41 42 43 44 45 46 47 48 £¤50 £¤522 £¤11 £¤522 £¤11 £¤50 £¤11 §¨¦81 §¨¦81 ¬«277 ¬«37 Winche ster Steph ensCity 0 1 20.5 Miles Frederick County Dept ofPlanning & Development107 N Kent StWinchester, VA 22601www.fcva.us08/31/23 V 2023 - 2028Frederick CountyCapital Imp rovement PlanTransportation Projects 9 9 9 9 10 21 24 2 1 222318 75 17 17 17 12 2023 - 2028Capital Improvement PlanTransportation Projects Unfun ded Prio rities Funded Priorities 16 1425 26 $+13 $+11 ¬«7 1. EXIT 313 BRIDGE REPLACEMENT& CAPAC ITY IMPROVEMENTS 2. RENAISSAN CE DR, PHASE 2 3. ROUTE 277; RT TUR N LANE EXTENSION AT WARRIOR DR$+3 4. ROUTE 7 STARS STUD Y PROJECT$+4 5. EXIT 317 INTERCHANGE RAMPREALIGNMENT 7. REDBUD RD REALIGNMENT 6. ROUTE 11 AT OLD CHARLESTOWNRD ROUNDABOUT$+6 9. CONTIN UE ROUTE 37 PLANNING & ENGINEERING WOR K 10. ROUTE 277 WIDEN ING & SAFETY IMPROVEMENTS (PH 2) 13. BR UCETOWN RD/HOPEWELL RD;ALIGNMENT AND INTERSECTION$+13 12. ROUTE 11 N WID ENING FROMSNOWDEN BRIDGE BLVD TOOLD C HARLESTOWN RD, PHASE 1 14. VALLEY MILL RD REALIGNMENT (WEST) 8. GAINESBORO RD AT ROUTE 522INTERSECTION UPGRADE$+8 $+3 $+4$+4 $+6 $+8 26. VALLEY MILL RD REALIGNMENT (EAST) 25. JUBAL EARLY DR EXTEN SIONAND INTERC HANGE WITH ROUTE 37 24. WARRIOR DR EXTENSIONFROM ROUTE 37 23. IN VERLEE WAY; C ONNECTION FROM SENSENY RD TO ROUTE 50 22. CHANNING DR EXTENSION TO ROUTE 50 20. I-81 EXIT 307 RELOCATIONðñò""307 21. WARRIOR DR EXTENSION TO NEW EXIT 307 19. SENSENY R D; TURN LANES AT CR ESTLEIGH DR$+19 18. SENSENY R D WIDENIN G 17. ROUTE 11 N OF WINCHESTER WIDENING TO WV LINE, PHASE 2 16. ROUTE 11 S WIDENING &INTERSECTION IMPROVEMENTSFROM CITY LIMITS TOOPEQUON C HURCH LN 11. EXIT 317 INTERCHANGE UPGRADE$+11 15. ROUTE 7 CORRIDORIMPROVEMENTS FROM EXIT 315TO GR EENWOOD RD 15 $+19 ðñò""307 20 30. EASTERN ROAD PLANIMPROVEMENTS3027 28 29 27. WARRIOR DR PEDESTRIANIMPROVEMENTS 28. VALLEY MILL RD PEDESTRIANIMPROVEMENTS29. IN VERLEE WAY PEDESTRIANIMPROVEMENTS 49 Planning Commission Agenda Item Detail Meeting Date: September 6, 2023 Agenda Section: Other Title: Current Planning Applications Attachments: 50