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PC 07-05-23 Meeting Minutes 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