PC 09-16-15 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
September 16, 2015
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) August 19, 2015 Minutes ................................................................................................ (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #02-15 for James Brown and Susan Brown, for a Kennel. The
property is located at 719 Barley Lane. The property is identified with Property
Identification Number 61-A-23 in the Back Creek Magisterial District.
Mr. Cheran ...................................................................................................................... (B)
INFORMATION/DISCUSSION ITEMS
6) I-81 Distribution Park – Stonewall (Stonewall Industrial Park) Site Plan. The site plan
for the I-81 Distribution Park, located on Tyson Drive in the Stonewall Industrial Park is
being presented as an information item due to its impacts on the Route 37 right-of-way.
Mrs. Perkins ..................................................................................................................... (C)
7) Supplementary Use Regulations – Setback Extensions. Discussion on revision to the
Frederick County Zoning Ordinance to revise the Supplementary Use Regulations for
setback extensions.
Mrs. Perkins ..................................................................................................................... (D)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a
part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance
amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the
Planning Commission will take action on the item (see below).
Action Item–There are both public hearing and non‐public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted
during the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the
Information/Discussion Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in
which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations;
however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses
in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District ‐ Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage
the future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP ‐ A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS ‐ Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman‐at‐large. The Board of Supervisors is the
policy‐making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC ‐ The PC is composed of 13 members, two from each magisterial districts and one
at‐large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
Frederick County Planning Commission Page 3245
Minutes of August 19, 2015
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 August 19, 2015.
PRESENT: Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R.
Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District;
Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red
Bud District; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison.
ABSENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon
District; Robert S. Molden, Opequon District; J. Rhodes Marston, Back Creek District; Charles F.
Dunlap, Red Bud District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director Transportation; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning
and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant.
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Planning Commission Secretary, Eric R. Lawrence accepted nominations for a
Temporary Chairman. Commissioner Unger nominated Commissioner Gary R. Oates; this was seconded
by Commissioner Crocket, and unanimously passed.
CALL TO ORDER
Temporary Chairman Oates called the August 19, 2015 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Temporary Chairman Oates commenced the meeting by
inviting everyone to join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Crockett and seconded by Commissioner Unger,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Frederick County Planning Commission Page 3246
Minutes of August 19, 2015
MINUTES
Upon motion made by Commissioner Mohn and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes of their July 15, 2015 meeting.
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COMMITTEE REPORTS
Frederick County Sanitation Authority (FCSA) – 8/18/15
Commissioner Unger reported rainfall for July was 2.6 inches which was slightly down
from the previous month. Water usage at the Diehl Plant was 2.76 mgd; water usage at the Anderson
Plant was 2.05 mgd; .75 mgd was purchased from the City of Winchester. The daily average usage was
5.5 mgd, which is about average for this time of year. Elevation at the Diehl Plant was down from the
previous month and the Anderson Plant was up slightly. There has been approximately a 17% leakage in
water lines for July which is an increase over the previous month. He noted they are attempting to locate
the leaks and repair them. Commissioner Unger provided some good news in that the well dug at Lake
Frederick is yielding between 350 – 500 gallons per day. This should be a good production well to serve
the southern portion of the County.
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Transportation Committee - 7/27/15
Temporary Chairman Oates reported there were two items on the committee’s agenda.
House Bill 2 was discussed and will be discussed further tonight. A discussion was also held in regards
how to allocate the funds from the Russell 150 project.
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Historical Resources Advisory Board – 7/28/15
Temporary Chairman Oates reported the Kernstown Area Plan was the primary topic of
discussion at the meeting and will be discussed further tonight.
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Comprehensive Plans and Programs Committee – 8/10/15
Commissioner Mohn reported at the recent meeting a discussion was held regarding the
2035 Comprehensive Plan update and specifically the economic analysis for the update. He also noted
discussion was held on the Kernstown Area Plan.
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Frederick County Planning Commission Page 3247
Minutes of August 19, 2015
City of Winchester Planning Commission – 8/18/15
Commissioner Wolfe reported at the City of Winchester Planning Commission meeting
last night there were two CUP’s approved and three ordinance amendments. She also noted that an item
of interest was discussed, that being an ordinance to rezone approximately 16.4 acres containing 96
parcels to be included in the Corridor Enhancement District, known as the “National Avenue Proposed
CE District”.
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Board of Supervisors Report – 8/12/15
Board of Supervisors’ Liaison, Supervisor Robert Hess, reported a Public Hearing was
held for a revision to part 802 of the Zoning Ordinance to update the text to include provisions for minor
site plans, and the inclusion of an illustrative sketch plan, the amendments passed unanimously. A Public
Hearing was held for an ordinance amendment to the County Code Chapter 165 requesting revisions to
the Farm Winery text to include allowances for Farm Breweries and Farm Distilleries and remove
provisions that are already regulated by the Code of Virginia, the amendment passed unanimously.
Supervisor Hess reported a Public Hearing was held on the inclusion of 46 parcels, each
less than 5 acres, in the Agricultural and Forestal District. Three groups were submitted by the Planning
Commission for review: 11 lots that are encapsulated by the Agricultural and Forestal District; 16 lots
neither adjacent to nor encapsulated by the Agricultural and Forestal District; 19 lots adjacent to an
Agricultural and Forestal District. The Board of Supervisors approved adding the 11 encapsulated lots
back into the Agricultural and Forestal District. Supervisor Hess explained the Board of Supervisors
postponed action for 90 days on the remaining 35 lots. He noted the Board of Supervisors discussion
centered around the impact of setback requirements potentially infringing on the rights of adjoining
property owners. Staff was asked to draft provisions to the setback requirements before further
consideration was given to the remaining 35 lots.
Supervisor Hess reported there was an update given on House Bill 2.
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Citizen Comments
Temporary Chairman Oates 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.
Mr. Matthew James of the Shawnee Magisterial District came forward to speak. He is
seeking assistance in getting a paving project completed that has been lingering for approximately 10
years. He explained the developer ceased progress on the paving of the streets within his neighborhood.
He noted the property is The Townes at Mosby Station and consists of 14 townhouses.
Mr. Bill Brogan who resides on Jones Road came forward to speak in regards to
Jackson’s Retreat. Mr. Brogan wants to make sure the existing wells are not affected by this new
development. He inquired what type of protection the current homeowners have should their well be
compromised. Mr. Brogan stated he would like to see something implemented that will not allow the new
homes to be equipped with sprinkler systems.
Frederick County Planning Commission Page 3248
Minutes of August 19, 2015
Mr. Barry Smith of Launchris Drive came forward to speak. He explained his property
backs up to the proposed subdivision Jackson’s Retreat. His concerns are what steps are being taken to
control run off and what type of blasting will take place since the area is very rocky. Mr. Smith noted he
worries about the existing foundations. Mr. Smith commented there has not been very much forth
coming information provided.
Mr. Bill Dalton of Launchris Drive came forward to express his concerns with how the
new construction will affect the water situation for existing homes. He would like to see restrictions
placed on the new properties such as no swimming pools and no sprinkler systems. Mr. Dalton would
also like to know: what is the timeframe for the development; when will roads begin to take shape; how
large will the new homes be; what will the access in and out point be; what types of covenants will be
brought forth.
Ms. Jackie Wilson of Launchris Drive came forward. She is concerned about the stability
of existing wells and water runoff.
Ms. Brenda Long came forward to speak in regards to her concerns. She noted she is not
opposed to the development, but her concerns are water runoff and the amount of blasting that will have
to take place to remove all the rock in the area.
No one else came forward to speak and Temporary Chairman Oates closed the citizen
comments portion of the meeting.
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ACTION ITEM
Waiver and Subdivision Request Subdivision #02-15 for Jackson’s Retreat Request, submitted by
Foltz Investment Group LTD., is requesting a waiver(s) of Article V. Design Standards: §144-17.L
Curbs and gutters; §144-18 Sidewalks and pedestrian walkways; and §144.19 Streetlights. These
waivers will enable a subdivision to occur on this property. The property is located 0.2 miles east of
the intersection of Launchris Drive and Jones Road. The property is identified with Property
Identification Number 62-A-50 in the Back Creek Magisterial District.
Action – Recommend Approval of Waivers
Zoning and Subdivision Administrator, Mark R. Cheran gave a brief overview of the
proposed subdivision of nine (9) lots with the dimensional requirements of the single-family detached
rural traditional housing type; in particular, the minimum lot size of 100,000 square feet. He noted the
proposed lots will be accessed directly onto Launchris Drive (Route 1120); this proposed subdivision is
located outside the UDA and SWSA and indicated in the 2030 Frederick County Comprehensive Plan.
Mr. Cheran explained the subdivision design plan has three (3) waiver requests:
Elimination of §144-17 (L) Curb and Gutter (Board waiver)
Elimination of §144-18 (A) (1) Sidewalks and pedestrian walkways
(Board waiver)
Elimination of §144-19 Streetlights (Board waiver)
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Minutes of August 19, 2015
Temporary Chairman Oates inquired what the applicant has accomplished in regards to
storm water runoff.
The applicant, Mr. Darren Foltz came forward to offer explanations and comments
regarding issues raised by the citizens and the Commission Members. He explained he has to meet
County and State requirements for storm water management. Each lot will have a bio-retention pond to
handle runoff from the roof drains, driveways, etc… These ponds will hold water and are constructed to
allow the water to seep back into the ground. Mr. Foltz explained there will be two ponds built
considerably larger than the others to hold road water. He continued, once complete, these ponds will be
unlikely noticeable and will resemble a mulched area with trees and shrubs. He intends for this to help
with ground water and the replenishing of existing wells. Mr. Foltz noted, the bio-retention ponds are a
fairly new concept and are part of the new State regulations to assist in resolving issues surrounding storm
water runoff.
Mr. Foltz addressed the concerns with the blasting of rock in the area of development.
He explained he has no intention of using dynamite. He stated the grade of the roads has been laid and
there are not any deep cuts that would require blasting. Mr. Foltz noted he does not intend to blast in the
area to keep the level of force down for existing homeowners.
Commissioner Unger noted he has viewed the property and feels it will be a very nice
subdivision once complete. He inquired when the entrance is cut will it be fairly flat. Mr. Foltz explained
the only place there will be a steep cut is near lot 8 which is basically in the center of the project. He
reiterated he will not use any dynamite for road building on this property. Mr. Foltz noted after a lot is
sold he has no control if someone blasts for a basement on their property. Commissioner Unger noted a
condition of no blasting could be placed in the covenants if needed.
Commissioner Unger inquired if the large trees on the property are being considered and
will they be saved. Mr. Foltz explained he has moved the design of the road right-of-way to
accommodate many of the large trees on the property.
Temporary Chairman Oates suggested the applicant meet with current neighboring
property owners and iron out some of the issues brought forth. Mr. Foltz agreed to do so and noted he
intends to keep the covenants the same in regards to the size of the homes and materials that will be used.
Commissioner Kenney noted the citizens bring legitimate concerns and these concerns
need to be passed on to the Board of Supervisors for their review.
Upon motion made by Commissioner Unger and seconded by Commissioner Ambrogi
BE IT RESOLVED the Frederick County Planning Commission does hereby unanimously recommend
approval of a waiver(s) of Article V. Design Standards: §144-17.L Curbs and gutters; §144-18 Sidewalks
and pedestrian walkways; and §144-19 Streetlights. These waivers will enable a subdivision to occur on
this property.
(Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.)
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Frederick County Planning Commission Page 3250
Minutes of August 19, 2015
INFORMATION/ DISCUSSION ITEM
Master Development Plan #04-15 for Hiatt Run Condominiums, submitted by Painter-Lewis,
P.L.C. to develop 11.105 acres of land zoned RP (Residential Performance) District with 8 garden
apartment buildings that have a total of 120 residential units. The subject properties located near
Stephenson at the intersection of Route 11 North and McCann Road (Route 838) in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 44-A-17 and 44-A-10.
Please note this item is for informational purposes only.
Senior Planner, Candice E. Perkins, reported this is a proposal to develop 12 acres zoned
RP (Residential Performance) with eight garden apartment buildings; six buildings containing 16 units
each and two buildings containing 12 units each (total of 120 units with a total density of 10 units per
acre). Ms. Perkins explained while the land uses proposed are inconsistent with the Northeast Land Use
Plan, the subject properties are currently zoned RP (Residential Performance); the residential zoning on
the subject properties dates back to the original Frederick County Zoning Map. The subject properties are
also located within the Sewer and Water Service Area (SWSA). Ms. Perkins noted garden apartment uses
(density of up to 10 units per acre) is a permitted use within the RP District. Ms. Perkins stated this MDP
is presented as an informational item only and no action is required at this time.
There were no questions or comments from the Planning Commission at this time.
(Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.)
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Self-Storage Facilities in the Rural Areas District – Discussion on revision to the Frederick County
Zoning Ordinance to include self-storage facilities as a conditional use in the RA (Rural Areas)
ZoningDistrict.
Senior Planner, Candice E. Perkins, reported the potential to include self-storage facilities
as a conditional use in the RA (Rural Areas) District has been requested. Ms. Perkins noted currently
self-storage is a permitted use in the B2, B3, M1, and M2 Districts. Ms. Perkins explained it was
requested that Planning Staff look into self-storage in the RA District due to this use requiring limited
infrastructure (such as water and sewer). It was noted the DRRC discussed this amendment at their July
2015 meeting and had minor revisions. Ms. Perkins reported the following additional requirements are
supported by the DRRC: all development shall conform to all B2 (General Business) District standards;
all development shall have direct access onto a paved state road. Ms. Perkins noted this item is presented
for discussion and comments.
Commissioner Unger inquired what restrictions will be placed on screening. Ms. Perkins
explained within the ordinance there are a number of restrictions that have been in place for quite some
time. She stated under section 204 there are a number of restrictions that apply to self-storage facilities.
Ms. Perkins noted the facility located in the B2 (Business General) District shall be completely screened
around the perimeter of the property by a double row of evergreen trees that are staggered and planted a
maximum of eight feet off center and are a minimum of six feet in height at time of planting.
There were no additional questions or comments from the Planning Commission at this
time.
(Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.)
Frederick County Planning Commission Page 3251
Minutes of August 19, 2015
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Variance Request – Discussion on revisions to the Frederick County Zoning Ordinance to revise the
variance requirements per the Code of Virginia.
Senior Planner, Candice E. Perkins, reported during the 2015 Session, the Virginia
General Assembly passed amendments to the Code of Virginia pertaining to the operation of the local
Board of Zoning Appeals. These amendments require changes to be made to the Zoning Ordinance to be
compliant with the revisions to the Code of Virginia pertaining to the Board of Zoning Appeals and the
standards by which the Board reviews variance requests. Ms. Perkins presented the specific changes and
they are as follows:
Revision of the definition of “variance”
The administrative appeals section has been updated to be consistent with the
Code of Virginia – the determination of the Zoning Administrator shall be
presumed to be correct and the burden of proof falls on the applicant to rebut the
resumption of correctness.
Within Section C – Variances – the term “unnecessary hardships” has been
replaced with the phrase “unreasonable restriction on the utilization of the
property”.
Other minor revisions have been included that reformat the ordinance to comply
with the changes.
Ms. Perkins asked for questions and comments, there were none at this time.
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Setbacks from Agricultural and Forestal Districts – Discussion on amendments to the Zoning
Ordinance to revise the setbacks from parcels within Agricultural and Forestal Districts in the RA
(Rural Areas) District.
Senior Planner, Candice E. Perkins, reported during the 2015-2020 Agricultural and
Forestal District update, concern was presented over the inclusion of parcels less than five (5) acres into
the districts due to their impacts on adjacent parcels that were not in agricultural districts. Ms. Perkins
explained concern was that the placement of these parcels of less than five (5) acres in size into the
Agricultural District did not clearly further agriculture pursuits and interests, and often contained
residences, yet the resulting 200 foot setback placed greater restrictions on their adjacent neighbors.
Ms. Perkins explained the Board of Supervisors held a public hearing for the inclusion of
these parcels less than five (5) acres into the agricultural districts at their August 12, 2015 meeting. At
the meeting they deferred action on accepting or denying the inclusion of many of these parcels and
directed Planning Staff to draft an ordinance amendment that would allow the inclusion of the parcels
without impacting adjacent parcels.
Ms. Perkins presented the drafted amendment to the RA (Rural Areas) District setbacks
to address this issue which includes the following:
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Minutes of August 19, 2015
Utilizes the RA setback requirement based on adjoining parcel size previously
adopted in 2007
Includes setbacks for parcels that abut an agricultural district, based on the size of
the parcel within the adopted agricultural district
Parcels within an agricultural district that are six (6) acres or less would require a
50’ setback and parcels over six (6) acres would require the 200’ setback
Ms. Perkins noted the DRRC will be reviewing this ordinance amendment at their August
27, 2015 meeting. Temporary Chairman Oates commented that will surely be a lengthy discussion.
Commissioner Kenney noted this amendment addresses the issues that have been
presented and feels it cleans it up well.
There were no further questions or comments from the Planning Commission at this time.
(Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.)
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Update on House Bill 2
Deputy Director Transportation, John A. Bishop, presented an overview of House Bill 2.
He noted the passage of House Bill 2 has had VDOT and staff working diligently to accommodate the
new legislation. Mr. Bishop explained House Bill 2 requires a new process for determining which
projects will be funded. Mr. Bishop reported also influencing this effort is House Bill 1887 which is the
funding mechanism and VTrans 2040 which is the statewide transportation plan. Mr. Bishop shared the
recent presentation given by VDOT staff.
Commissioner Kenney commented it is remarkable what all is involved with this process
and commended John for his efforts.
There were no further questions or comments from the Planning Commission at this time.
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Kernstown Area Plan – This is a second discussion opportunity on the Kernstown Area Plan, a
proposed amendment to the 2030 Comprehensive Plan; Appendix I – Area Plans. The Kernstown
Area Plan looks to update, renew, and expand the land use and transportation plans for the
Kernstown area. The study area is generally located along Route 11, south of the City of
Winchester, and north of the Town of Stephens City, and west of I-81. The Kernstown Area Plan
builds on the Route 11 South Corridor Plan, and the balance of the Southern Frederick Plan which
was adopted in 1998, by incorporating the western portion of this plan into the Kernstown Area
Plan. This Draft Plan is reflective of the input of the Comprehensive Plans and Programs
Committee, and other groups, and the valuable public input received through the process.
Frederick County Planning Commission Page 3253
Minutes of August 19, 2015
Deputy Director, Michael T. Ruddy, reported the Planning Commission previously
discussed the Kernstown Area Plan at the June 17, 2015 meeting where valuable input was offered and
incorporated into the plan. Mr. Ruddy explained the Kernstown Area Plan looks to expand the land use
and those important transportation improvements that are in this area. This is the area generally located
along Route 11, south of the City of Winchester, north of the Town of Stephens City, and west of I-81
predominantly in the Back Creek Magisterial District. Mr. Ruddy noted this is a combination of the
Route 11 South Corridor Plan and the old Southern Frederick Land Use Plan. Through this process, in
particular the public information meeting there were useful comments, questions, and input obtained. Mr.
Ruddy provided this information to the Planning Commission at this time as well as the mapping that has
been modified to reflect these changes.
Mr. Ruddy highlighted at the previous meeting there was a considerable amount of
discussion on the DSA’s. These have been an important component of the County’s planning efforts.
Mr. Ruddy explained these areas may enable development for a variety of things to occur and recognize
there is something special there. Mr. Ruddy noted more flexibility was provided in the language for these
development sensitive areas to ensure that the adaptive reuse in and around these areas was clearly
enabled. He pointed out the Transportation Committee provided an excellent suggestion in that we
further define what a Development Sensitive Area (DSA) is and what it means. The current planned
transportation network was maintained in the Kernstown Area Plan. Mr. Ruddy noted the areas identified
as the Bartonsville DSA/Rural Historic Resource Areas was reduced in size to allow additional areas of
Commercial Recreation land use to the south and additional areas of Commercial land use to the north
specifically to address a property owner’s request.
Commissioner Manuel inquired if additional public input meetings will be held. Mr.
Ruddy stated there will not be another public meeting however there will be public hearings held at which
time those who have been involved will be properly notified.
There were no further comments or discussion from the Planning Commission.
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OTHER
Cancelation of the regular meeting on September 2, 2015
Temporary Chairman Oates announced there were no pending items for the Planning
Commission’s September 2, 2015 meeting.
A motion was made by Commissioner Triplett to cancel the September 2, 2015 meeting
of the Planning Commission. This motion was seconded by Commissioner Kenney and unanimously
passed.
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Minutes of August 19, 2015
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Kenney to
adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The
meeting adjourned at 8:15 p.m.
Respectfully submitted,
____________________________
Gary R. Oates, Temporary Chairman
____________________________
Eric R. Lawrence, Secretary
B
CONDITIONAL USE PERMIT #02-15
JAMES AND SUSAN BROWN
Staff Report for the Planning Commission
Prepared: September 16, 2015
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide info rmation 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: 09/16/15 Pending
Board of Supervisors: 10/14/15 Pending
EXECUTIVE SUMMARY:
This is a request by James M. Brown and Susan K. Brown for a Conditional Use Permit for a
Kennel-Dog Breeding.
If the Planning Commission feels the kennel 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. This CUP is solely to enable the breeding of dogs on this property.
3. No more than twenty (20) dogs and puppies shall be permitted on the property at any
given time.
4. No employees other than those residing on the property shall be allowed.
5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m.
7. 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.
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
Page 2
CUP #02-15, James Brown and Susan Brown
August 28, 2015
LOCATION: This property is located at 719 Barley Lane
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 61-A-23
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Vacant
PROPOSED USE: This application is for a Kennel - Dog breeding.
REVIEW EVALUATIONS:
Virginia Department of Transportation: There does not appear to be any traffic impact with
this request. We have no objections to the homeowner using this facility for their own kennel
facility. Should McKenzie’s Doodles expand this facility to a boarding kennel or a grooming
facility to the public, VDOT would like to revisit this request for possible commercial entrance
improvements.
Frederick County Fire and Rescue: Plan approved provided that a 5# ABC Multi-Purpose
Fire Extinguisher be available no further that 75’awa Frederick County Fire Prevention Code
906.3 Size & Distribution. Also at least 1 smoke detector shall be in each of the structures.
Frederick County Inspections: Conditional Use request for use of dwelling as kennel. The
area utilized shall comply with The Virginia Uniform Statewide Building Code. Permit is
required to renovate large building. Please submit floor plan with a building permit application.
Mechanical air change shall be provided as required per International Mechanical Code.
Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking
area/unloading to kennel entrance shall be provided. Cost of Accessibility shall not exceed 20%
of the cost of renovations. Anchorage shall be provided for accessory structures, at least one on
each corner. Electrical feed to building shall be installed per code and will require an electrical
permit. Final inspection/approval with certificate of occupancy shall be issued prior t o new use
of the facility.
Page 3
CUP #02-15, James Brown and Susan Brown
August 28, 2015
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objections as long as canine excrement is properly disposed of. If canine excrement is
being disposed of with human excrement into an existing or purposed sewage disposal system,
an engineered plan is required to be submitted to this office. If canine excrement is disposed of
in any other method, the EPA would need to be contacted. If any failures arise to the current
sewage disposal s ystem due to the minimal increase of human visitors, please contact the Health
Department.
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with
an approved Conditional Use Permit (CUP) [Code of Frederick County §165-401.03.K]. This
proposed use will take place on a 154.75+/- acre parcel; surrounded by properties that are zoned
RA. The 2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies
this area of the County to remain rural in nature and the property is not part of any land use
study. The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed,
handle 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 in order
to mitigate negative impacts to adjoining residential properties to include, all dogs to be
confined within a secure structure and a Category C Buffer. This application would only
enable the breeding component of the kennel use.
The applicant will be utilizing a 34x12 square foot enclosed kennel for adult dogs, a 12x24 foot
building for storage, and two 10x16 foot enclosed kennels for whelping and weaning in the rear
of the property. There will be a fenced area for the dogs, to the rear of the residence. The kennel
is located in the middle of the 154 acre parcel, adjacent to the existing residence. The applicant
has indicated that no more than twenty (20) dogs will be on the property for breeding. All dogs
must be confined indoors with the exception of when they are walked or exercised, and will not
to be let outdoors prior to 8:00 a.m. Dogs must be confined indoors by 9:00 p.m. There will be
no employees with this proposed kennel. This proposed kennel will not be used for boarding of
dogs. The customer base will be no more than ten (10) families 10-12 times a year to see and
pick-up the dogs. Theses visits will occur on Saturdays from 10:00 a.m. to 5:00 p.m. these visits
will be scheduled as appointments by the applicant.
The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning
District, with the nearest residential dwelling being approximately 500 to 1,000 feet from this
proposed kennel. Therefore, the intent of the Category C Buffer can be met, as 400 feet is
required for a no screen Category C Buffer.
Page 4
CUP #02-15, James Brown and Susan Brown
August 28, 2015
STAFF CONCLUSIONS FOR THE 09/16/15 PLANNING COMMISSION MEETING:
If the Planning Commission feels the kennel to be appropriate, staff recommends the following
conditions be attached to the CUP.
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the breeding of dogs on this property.
3. No more than twenty (20) dogs and puppies shall be permitted on the property at any
given time.
4. No employees other than those residing on the property shall be allowed.
5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m. and are not to be let outdoors prior to
8:00 a.m.
7. 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.
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.
LONGVIEW ACRESSubdivision
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CUP # 02 - 15James M. BrownSusan K. BrownPIN:61 - A - 23Dog Breeding Kennel
CUP # 02 - 15James M. BrownSusan K. BrownPIN:61 - A - 23Dog Breeding Kennel
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M2 (Industrial, General District)
MH1 (Mobile Home Community District)
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OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 24, 2015Staff: mcheran
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CUP # 02 - 15James M. BrownSusan K. BrownPIN:61 - A - 23Dog Breeding Kennel
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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: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Discussion – I-81 Distribution Park - Stonewall (Stonewall Industrial Park)
DATE: September 1, 2015
At the September 16, 2015 Planning Commission meeting, staff will present the site plan for the
I-81 Distribution Park - Stonewall site for review. This site plan is being presented due to its
implications on the planned route for Route 37. The site is located in the Stonewall Industrial
Park in the Stonewall Magisterial District. The plans for Stonewall Industrial Park do not
accommodate the Route 37 right-of-way. The property is located at the corner of Tyson Drive
and Welltown Road and contains a 330,050 square foot warehouse structure that is within the
path of Route 37. In an effort to keep the Planning Commission and Board of Supervisors
apprised of the Route 37 right-of-way, site plans and subdivisions that impact the right-of-way
are presented to the Planning Commission and the Board of Supervisors for their review.
An 11” x 17” copy of sheet 2 from the site plan has been included in your agenda, along with a
map that shows the planned route for Route 37, in regards to the location of this property.
Action on the site plan is not required; this site plan is being brought for informational purposes
only.
Please contact staff if you need additional information. A representative from Dice Engineering
will be present at the meeting.
CEP/pd
Attachments
STONEWALLINDUSTRIAL PARKSubdivision
HOOVERSubdivision
RUTHERFORDSFARMSubdivisionJESSICAACRESSubdivision
CATHERSubdivision
STONEWALLESTATESSubdivision
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EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 10, 2015Staff: cperkins
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Site PlanPIN:43 - A - 63D
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Supplementary Use Regulations – Setback Extensions
DATE: September 2, 2015
In 2011 the RP (Residential Performance) District setbacks and dimensional requirements were
revised to introduce setbacks for unroofed decks and structures. With that revision, the allowance
for extensions into the setback within the supplementary use regulations was changed to eliminate
the RP and R4 (Residential Planned Community) Districts. Since the RP dimensional requirements
also apply to the R5 District, the R5 (Residential Recreational Community) District should also have
been removed from the supplementary use regulations extension provision (leaving only the RA
and MH1 in the supplementary use section).
Staff has prepared a minor revision to remove the R5 from the supplementary use regulation
setback extension to ensure that R5 developments (Lake Holliday, Lake Frederick, Shawneeland,
and Mountain Falls) all utilize the RP deck and stoop setback extension as intended.
The DRRC discussed this amendment at their August 2015 meeting. The DRRC agreed with the
proposed changes as drafted and the item forward to the Planning Commission for discussion. The
attached document shows the existing ordinance with the proposed changes supported by the
DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented
for discussion. Comments and suggestions from the Planning Commission will be forwarded to the
Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics and deletions
in strikethrough.
2. RP District (single family small lot) dimensional requirements.
CEP/pd
Attachment 1
Original language
Draft revisions
Article II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES
Part 201 – Supplementary Use Regulations
§ 165-201.02 Setback requirements.
F. Extensions into setback yards. The following features may extend into setback yards as described:
(1) Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical
equipment that are attached to the primary structure may extend three feet into any side or
rear yard area but shall not be closer than five feet to any lot line.
(2) Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar
overhanging features which are least eight feet above the grade may extend three feet into any
required yard setback area. Chimneys, sills, headers, belt courses and similar structural features
may extend three feet into required yard setback areas.
(3) Porches and related features. In the RA and MH1, and R5 Zoning Districts, balconies, porches,
stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length
of the wall of the primary structure may extend three feet into a required setback yard. In
no case shall such features be closer than five feet to a lot line.