PC 09-16-15 Meeting MinutesMEETING MINUTES
OF THE
I REDEPuC K COUNT117 PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on September 16, 2015
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back
Creek District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Roderick
B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison.
ABSENT: J. Stanley Crockett, Stonewall District; Greg L. Unger, Back Creek District; Kevin Kenney,
Gainesboro District; Charles E. Triplett, Gainesboro District;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice E. Perkins, Senior Planner; Mark R.
Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the September 16, 2015 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 adopted the minutes of their August 19, 2015 meeting.
(Note: Commissioner Dunlap abstained)
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Minutes of September 16, 2015
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee — Mtg. 9/14/15
Commissioner Oates reported the committee reviewed the maps for the 2035
Comprehensive Update. He noted the maps were very well detailed and praised the effort put forth on
these.
City of Winchester Planning Commission — Mtg. 9/15/15
Commissioner Smith reported discussion was held on two items: an ordinance regarding
breweries and distilleries; an ordinance to rezone 16.4 acres containing approximately 96 parcels for the
Corridor Erdiancement Project which will be on National Avenue.
Board of Supervisors Report — Mtg. 9/9/15
Board of Supervisors' Liaison, Supervisor Robert Hess, reported the agenda included
several Planning Commission items and they are as follows: A Public Hearing for Jackson's Retreat
regarding a waiver request to eliminate sidewalks and streetlights, this was approved; Discussion on the
Hiatt Run Condominiums Master Plan presented for information only; Discussion of an ordinance
amendment to permit self -storage facilities in the RA (Rural Area) District, the Board moved this item
forward to Public Hearing; An ordinance amendment regarding variance requirements to bring the
County into compliance with changes in the state code, it was agreed to move this forward to Public
Hearing; Discussion on an ordinance amendment regarding setbacks from Agricultural & Forestal
Districts for parcels less than six (6) acres, this was moved forward to Public Hearing; Discussion on the
Kernstown Area Plan, it was decided more time is needed before a decision can be made to move the item
forward.
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 Chairman Wilmot closed the citizen comments portion of the meeting.
PUBLIC HEARING
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.
Action — Recommend Approval
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Minutes of September 16, 2015
Zoning and Subdivision Administrator, Mark R. Cheran reported this request for a CUP
(Conditional Use Permit) is for a dog kennel which will be for breeding purposes only. He explained, the
propertyis zoned RA (Rural Area) and is surrounded by properties that are also zoned RA. Mr. Cheran
noted the nearest residential dwelling is approximately 500 to 1000 feet from the kennel.
Mr. Cheran explained kennels are a permitted use in the RA (Rural Area) Zoning District
with an approved CUP (Conditional Use Permit). This proposed use will take place on a 154.75+/- acre
parcel; surrounded by properties that are zoned RA (Rural_ Area). Mr. Cheran noted the 2030
Comprehensive Policy Plan of Frederick County identifies this area of the County to remain rural in
nature and the property is not part of any land use study.
Mr. Cheran reported 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. He noted there will be a fenced area for the dogs to the rear of the
residence.
Mr. Clieran noted staff recommends the following conditions be attached to the CUP
(Conditional Use Permit):
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.
Mr. Cheran noted the Applicant is present to answer any questions the Planning
Commission may have. Commissioner Mohn inquired should condition #3 state no more than twenty
(20) adult dogs rather than twenty (20) dogs and puppies. Mr. Cheran explained after speaking with the
Applicant and Commissioner Marston a change was made to condition #3 of the proposed CUP to state
twenty (20) adult dogs. Commissioner Mohn commented the change makes good sense.
Commissioner Marston reported he has spent some time at the kennel location and
discussed the number of dogs with the Applicant. Commissioner Marston noted he and the Applicant are
satisfied with condition #3 stating twenty (20) adult dogs.
Mr. James M. Brown of the Back Creek Magisterial District came forward to answer any
further questions. He recommended those interested visit the website of the kennel -dog breeding facility.
Mr. Brown noted he appreciates the Planning Commissions interest in the number of dogs being
permitted. Mr. Brown explained he had no idea at the beginning of this venture how it would positively
affect his livelihood. He and his family have thoroughly enjoyed the people and situations brought to
them by this opportunity.
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Minutes of September 16, 2015
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
Upon motion made by Commissioner Marston and seconded by Commissioner Thomas,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of 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.
(Note: Commissioners Crockett, Kenney, Unger, and Triplett were absent from the meeting)
INFORMATION/ DISCUSSION ITEM
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.
Senior Planner, Candice E. Perkins reported this site plan is presented due to its
implications on the planned path for Route 37. She explained the site is located in the Stonewall
Industrial Park in the Stonewall Magisterial District. Ms. Perkins noted the plans for Stonewall Industrial
Park do not accommodate the Route 37 right-of-way. She identified the property as being 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. Ms. Perkins explained, 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 for their review.
There were no questions or comments from the Planning Commission at this time.
Supplementary Use Regulations — Setback Extensions. Discussion on revision to the Frederick
County Zoning Ordinance to revise the Supplementary Use Regulations for setback extensions.
Senior Planner, Candice E. Perkins reported in 2011 the RP (Residential Performance)
District setbacks and dimensional requirements were revised to introduce setbacks for unroofed decks and
structures. She noted 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. Ms. Perkins explained since the RP dimensional requirements also apply to the R5 (Residential
Recreational Community) District, the R5 District should have also been removed from the
supplementary use regulations extension provision (leaving only the RA and MHl in the supplementary
use section).
Ms. Perkins reported a minor revision has been prepared 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. Ms. Perkins noted the DRRC discussed this amendment at their August 2015 meeting and
agreed with the proposed changes as drafted.
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Minutes of September 16, 2015
Commissioner Oates commented this is a clean-up exercise and he agrees with the
amendment. There were no further questions of comments from the Planning Commission at this time.
OTHER
Chairman Wilmot noted the Planning Commission will hold the meeting scheduled for
October 7, 2015.
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 Thomas and unanimously passed. The
meeting adjourned at 7:20 p.m.
Respectfully submitted,
Wilmot, Chairman
Eric R. Lawrence, Secretary
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Minutes of September 16, 2015