PC 09-07-16 Meeting MinutesMEETING 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 September 7, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large; Gary R. Oates, Stonewall District; William
H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee
District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap,
Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick
B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Christopher M. Mohn, Red Bud District;
Robert S. Molden, Opequon District
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the September 7, 2016 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes from the August 3, 2016 meeting.
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Minutes of September 7, 2016
COMMITTEE REPORTS
Transportation Committee — Mtg;. 8/22/16
Commissioner Kenney reported the Transportation Committee had three items on the
agenda: Mr. John Bishop presented the SmartScale HB2 application and its current status; Mr. Bishop
also gave an update on the County Roads projects. Commissioner Kenney concluded it was discussed
that the MPO Revenue Sharing application process needs to be completed by November 1, 2016.
Development Review and regulations Committee — Mtg. 8/25/16
Commissioner Unger reported the committee held a discussion on revisions to the
Subdivision Ordinance to reduce the right-of-way width mandatory to create a family lot subdivision per
the Code of Virginia. He continued they also discussed revisions to the Zoning Ordinance to increase the
timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of
Virginia. Commissioner Unger concluded a discussion was also held on revisions to the Zoning
Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow the use in the
B3, M1, and M2 Districts.
City of Winchester — Mtg. 9/06/16
Commissioner Wolfe reported a work session was held at which time they discussed an
ordinance to rezone approximately 57 acres (130 parcels) to be included in the Corridor Enhancement
District.
CITIZEN COMMENTS
Chairman Wilmot 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 Chainnan Wilmot closed the citizen comments portion of the meeting.
PUBLIC HEARING
Conditional Use Permit #09-16 for Connie Ann Moss, for a Dog -Kennel. The property is located at
4527 Valley Pike, Stephens City, Virginia. The property is identified with Property Identification
Number 75-A-28 in the Back Creek Magisterial District.
Action — Recommend Approval
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Minutes of September 7, 2016
Zoning and Subdivision Administrator, Mark A. Cheran reported this property is located
at 4527 Valley Pike, is zoned RA (Rural Areas) District, and the current land use is residential. He
continued the surrounding properties are all zoned RA and the land uses are vacant, retail, and outdoor
recreation. Mr. Cheran presented a locations map of the property. He explained the 2030 Comprehensive
Policy Plan provides guidance and the property is located within the Route 11 South Corridor and is
planned for future commercial uses. Mr. Cheran noted this CUP (Conditional Use Permit) does meet the
goals of the land use plan. He reported kennels are a permitted use in the RA zoning district with an
approved CUP. It was explained this proposed use will take place on a 4.09+/- acre parcel and it was
reiterated the parcel is surrounded by RA properties. Mr. Cheran continued kennels are defined as a place
that is prepared to house, board, breed, handle or otherwise keep and care for dogs for sale or in return for
compensation. He noted this proposed kermel will have five (5) kennels for boarding of dogs with two
(2) dogs per kennel for a total of ten (10) dogs. Mr. Cheran explained all dogs must be confined indoors
with the exception of when they are walked or exercised, and will not be let outdoors prior to 8:00 a.m.
He noted dogs must be confined indoors by 9:00 p.m. and there will be no breeding of dogs with this use.
Mr. Cheran Reported the property will also be used for indoor/outdoor public dog
training; the indoor training will be conducted within a 2,400 sq. ft. building and the outdoor training will
be conducted within a large fenced yard area. He noted the training sessions will be conducted by
appointment with no more than six (6) customers at a time. Mr. Cheran presented a hand drawing of the
facility provided by the Applicant. He explained it is typically required that a Category C buffer be
provided to mitigate any issues from noise, etc. He continued the location of this kennel is approximately
500' from the closest property and there are trees and wooded areas in abundance therefore, the Applicant
has met the intent of the Category C buffer. Staff recommended the following conditions for this CUP:
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the boarding and training of dogs on this
property.
3. No more than three (3) employees with this CUP.
4. All dogs must be confined indoors by 9:00 p.m.
5. Any proposed business sign shall conform to Cottage Occupation sign
requirements and shall not exceed four (4) square feet in size and five (5) feet
in height.
6. Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday.
7. Any expansion or modification of this use will require the approval of a new
CUP.
Commissioner Oates referenced condition #4 "all dogs must be confined indoors by 9:00
p.m."; to clarify, the dogs can be taken outside after 9:00 p.m. but must be accompanied or on a leash.
Mr. Cheran confirmed that is correct; and that can be added as part of condition #4.
The Applicant, Mrs. Connie Ann Moss came forward and presented and overview of her
business. She explained she is interested in operating a small dog training and dog boarding facility. The
Applicant clarified the two (2) dogs per kennel request is only two (2) dogs per kennel that are from the
same household. She continued they would like to offer professional dog training and she herself is a
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Minutes of September 7, 2016
professional dog trainer. Mrs. Moss noted her intention is to make their facility the best representation of
a dog training/kennel facility.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Kat Eaton came forward to speak in support of this proposed CUP. She elaborated
this type and quality of dog kennel will serve the community well. Ms. Eaton asked the Planning
Commission to consider the needs of senior dogs and this facility will accommodate those dogs with their
impeccable conditions. She concluded by suggesting the dogs be allowed outside after 9:00 p.m.
supervised and as needed.
Mr. Steve Parrish of the Back Creek Magisterial District came forward to speak on behalf
of the Moss facility. He noted the need for such an operation and this particular one will far meet
expectations.
Mrs. Joyce Becht of the Gainesboro Magisterial District came forward to support the
kennel and the Moss family. She noted this facility is top notch and there is a need in our community.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Chairman Wilmot asked if the suggestion regarding the change or the definition of letting
dogs outside supervised on a leash during the night should have a time of 9:00 p.m. — 7:00 a.m. Mr.
Cheran noted that can be added as an amended condition if needed. Commissioner Kenney noted he feels
this is a good idea and the need for the facility exists.
Commissioner Marston noted he has visited the site and the Applicant. He stated he feels
they will be very accommodating to the community and this facility will be top notch. He concluded.the
area is confined and therefore will not be of any disturbance.
Upon motion made by Commissioner Marston, and seconded by Commissioner Unger
with revision to Condition #4 allowing dogs to be outside supervised or on a leash after 9:00 p.m. as
needed.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 409-16 for Connie Ann Moss, for a Dog -Kennel. The property is
located at 4527 Valley Pike, Stephens City, Virginia. The property is identified with Property
Identification Number 75-A-28 in the Back Creek Magisterial District.
(Note: Commissioners Thomas, Molden, and Mohn were absent from the meeting)
Rezoning #09-16 for Commonwealth Business Center Lot 5, submitted by Greenway Engineering,
Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business)
District, with proffers. The property is located on the north side of Commonwealth Court (Route
1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South) in the Back
Creek Magisterial District, and is identified by Property Identification Number 75 -A -91E.
Action — Recommend Approval
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Minutes of September 7, 2016
Assistant Director, Candice E. Perkins reported this is an application to rezone a total of
1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers
to accommodate commercial uses. She presented a locations map of the property. Ms. Perkins continued
the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial
land use designation and the B2 (General Business) District zoning requested by the Applicant continues
to be consistent with the land use identified in the 2030 Comprehensive Plan. It was noted the property is
located within the County's Sewer and Water Service Area (SWSA).
Ms. Perkins reported with this rezoning request the Applicant has proffered to restrict:
General Merchandise Stores, Daycare Facilities, and Adult Retail. It was noted the Applicant has
proffered to contribute $500 to Fire and Rescue Services.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward and
presented an overview of the proposed rezoning. He explained this is intended to be an adaptive reuse
project. Mr. Wyatt continued the purpose of the rezoning is to move from the B3 district to the B2
because the B3 does not permit churches. Mr. Wyatt explained when they met with Staff the only
concern that was raised pertained to transportation due to the possibility of a great impact moving from
B3 to B2. Mr. Wyatt reported they worked with Assistant Director Transportation, Mr. John Bishop and
compared uses that would be permissible in either zoning district and then what remaining uses were
available; therefore the restricted uses that are stated in the proffers are the result of input received from
Mr. Bishop.
Commissioner Kenney requested clarification as to whether this will remain dual use or
solely a church. Mr. Wyatt noted it would be for solely a church.
Commissioner Oates commented from B2 to B3 a drive thru restaurant or gas station is
going to generate more traffic than the uses being proffered; he does not understand why Mr. Bishop has
requested this. Mr. Wyatt explained the restaurant use is permissible in both districts; as far as the
convenience store aspect, they did not feel this site was going to be redeveloped in that fashion because of
the location. Mr. Wyatt continued because of peak hour traffic, Mr. Bishop felt a daycare would not be
acceptable. He concluded the church is not going to offer daycare services or schooling.
Commissioner Oates commented if a recommendation was made that the Applicant not
proffer the restrictions he would agree. Commissioner Unger stated it should be left as is due to the
absence of Mr. Bishop.
Chairman Wilmot 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 Wilmot closed the public
comment portion of the hearing.
Upon motion made by Commissioner Unger, and seconded by Commissioner Cline
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval Rezoning #09-16 for Commonwealth Business Center Lot 5, submitted by Greenway
Engineering, Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General
Business) District, with proffers. The property is located on the north side of Commonwealth Court
(Route 1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South) in the
Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 E.
(Note: Commissioners Thomas, Molden, and Mohn were absent from the meeting)
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Minutes of September 7, 2016
Cancelation of the regular meeting on September 21, 2016
Chairman Wilmot announced there were no pending items for the Planning
Commission's September 21, 2016 meeting. A motion was made by Commissioner Oates to cancel the
September 21, 2016 meeting of the Planning Commission. This motion was seconded by Commissioner
Dunlap and unanimously passed.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously
passed. The meeting adjourned at 7:35 p.m.
Respectfully /submitted,
q-t(4k-/- G'�6' X- �
Joie M. Wilmot, Chairman
Michael T. Ruddy, Secretary
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Minutes of September 7, 2016