PC 04-17-19 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
April 17, 2019
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) March 6, 2019 Meeting Minutes ........................................................................................... (A)
3) Committee Reports ......................................................................................................... (no tab)
4) Citizen Comments .......................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #03-19 for Connie Ann Moss, for the expansion of an existing
dog kennel. The existing dog kennel, approved by the Frederick County Board of
Supervisors on September 28, 2016, allow for the boarding of up to 10 dogs. The proposed
expansion would allow boarding of an additional 15 dogs for a total of up to 25 dogs. 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.
Mr. Klein ................................................................................................................................ (B)
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 3613
Minutes of March 6, 2019
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 March 6, 2019.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; 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 E. Triplett, Gainesboro District; Alan L.
Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud
District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; Mark R. Cheran, Zoning & Subdivision Administrator;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the March 6, 2019 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Kenney 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 Cline, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Cline and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes from the January 16, 2019 meeting.
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Frederick County Planning Commission Page 3614
Minutes of March 6, 2019
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CPPC) – Mtg.
Commissioner Mohn reported the committee discussed two items, both of which are on
the agenda for tonight. He noted, the CPPC was comfortable with sending CPPA #02-18 Brucetown
Road Area Amendment forward to the Planning Commission, however they did not endorse CPPA #01-
19 Blackburn Property Workforce Housing at this time.
Frederick Water – Mtg. 02/19/19
Commissioner Unger reported, the Board approved a resolution authorizing the Frederick
Water Board of Directors’ Chairman to execute the Settlement Agreement drafted to resolv e the dispute
between the Town of Stephens City and Frederick Water. He continued, the design for the Raw Water
Pump Station on the Opequon Creek is nearly finished and is slated to be released for construction bids in
March, about the same time the raw water and finished water pipelines will be released for construction
bids. Commissioner Unger presented the January operations report: customer base is over 16,180
connections; monthly water production averages 5.995 MGD; the quarries are full and in excellent shape
for the winter, spring, and summer; water purchase from the City of Winchester has been reduced from
typically over 2 MGD to 1.318 MGD.
City of Winchester – Mtg. 03/05/19
Commissioner Eaton, Winchester City Planning Commission Liaison, reported the
Commission discussed the Comprehensive Plan survey.
Board of Supervisors – Mtg. 02/13/19
Board of Supervisors’ Liaison, Supervisor Trout reported the Board approved the
Renaissance Drive Phase II; the designation of Mountain Falls Park in the Sanitary District was denied;
the REZ #04-18 for Tasker Rd. & Warrior Dr. Commercial Properties (Proffer Revision) was approved
and the 2019-2024 Comprehensive Plan was discussed.
Committee Assignments
Chairman Kenney announced the following committee assignments for 2019: William
Cline/ DRRC; Charles Triplett/CPPC; Greg Poole/CPPC; Kay Dawson/DRRC; John Light/CPPC; Alan
Morrison/DRRC.
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CITIZEN COMMENTS
Chairman Kenney 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.
Frederick County Planning Commission Page 3615
Minutes of March 6, 2019
There were two citizens that came forward in opposition of CPPA #02-18 Blackburn
Property Workforce Housing. They shared their concerns for traffic, property value decrease, core values
being diminished of the Comprehensive Plan, and overall negative impacts to the area.
There were five citizens that spoke in favor of CPPA #02-18 Blackburn Property
Workforce Housing noting there are very few sites that meet all the criteria, this is a great need in
Frederick County and would be a benefit to our community and those within the workforce.
No one else came forward to speak and Chairman Kenney closed the public comments
portion of the meeting.
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INFORMATION/DISCUSSION
CPPA #02-18 Brucetown Road Area Amendment – Sewer and Water Service Area (SWSA)
Expansion and Land Use Designation. This is a request for Sewer and Water Service Area (SWSA)
expansion and land use designation associated with the Comprehensive Plan Amendment #02 -18
for the Carter Tract. This amendment proposed to add 109-acres into the Sewer and Water
Service Area (SWSA) and remove 109-arcres from the SWSA. This amendment also seeks to
designate the 109-acres for industrial land uses. This property is identified with Property
Identification Number 34-A-24D in the Stonewall Magisterial District.
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Candice E. Perkins, Assistant Director reported, this is a proposed amendment to the
2035 comprehensive Plan (#02-18 for the Carter Tract); this amendment proposes to add 109 acres in to
the SWSA and remove 109 acres from the SWSA. She noted, this amendment also seeks to designate the
area for industrial land uses. Ms. Perkins continued, this has been discussed by the Planning Commission
on December 5, 2018 and sent back to the CPPC for further review to address transportation and the
proposed limits of the expansion. Ms. Perkins presented a mapping of the property. She explained, at the
February 2019 meeting the CPPC discussed the transportation components of the proposed text,
environmental and buffering components, and the proposed limits of the SWSA request . Ms. Perkins
noted, the CPPC ultimately endorsed text that: expanded the transportation expectations; expanded the
environmental and buffering text; recommended an expansion area that totaled 109 acres which keeps the
SWSA south of Slate Run. Ms. Perkins reported, text for the Comprehensive Plan includes:
▪ An industrial land use designation for the site.
▪ Recognition of the road network and improvements that may be identified.
▪ Relocation of Brucetown Road from its current location and improvements to
Brucetown Road.
▪ Improvements to Martinsburg Pike and Hopewell Road.
▪ No new access to Brucetown Road – only from the existing quarry entrance.
▪ Recognition of water and sewer capacity limitations.
▪ Protection of environmental features, including enhanced riparian buffers,
protection of existing drainage areas, air quality.
▪ Buffering between industrial uses and the rural community center (encourage the
use of landscaping and distance for screening).
▪ Encouragement of the use of rail.
Frederick County Planning Commission Page 3616
Minutes of March 6, 2019
Ms. Perkins noted, the CPPC discussed the language in the text in regard to the use of
“should” and “shall”; the Comprehensive Plan typically utilizes “should” as this document is a guiding
document. She reported the CPPC supported the use of “should” in this amendment. Ms. Perkins
concluded, Staff is seeking input from the Planning Commission on the use of “should” vs “shall” in this
amendment.
Mr. Tim Stowe of Stowe Engineering, representing the Applicant came forward and
introduced Mr. Michael Holly of the Clorox Company. Mr. Holly presented an overview of the
company’s plan. He noted, their core value is “do the right thing”. Commissioner Thomas asked if
VDOT recommends transportation improvements and if so are they willing to be responsible for the cost.
Mr. Holly explained, Clorox will partner with the community to address any VDOT concerns and they
will honor their commitment. Commissioner Unger asked how much water will be used daily by the
company. Mr. Holly stated it will be a minimal amount in the manufacturing process. Commissioner
Thomas inquired if the Applicant is satisfied with the language being “shall” or “should”. Mr. Holly
commented this has not been discussed and they are willing to address any needs. Commissioner
Marston asked if raw materials will be coming in by rail and out by truck. Mr. Holly stated, raw material
will come from the quarry, some by truck, and some by rail; all with minimal impact to traffic.
Commissioner Morrison inquired are they any plans for expansion and the employee number staring at
100. Mr. Holly stated this is growth possibility at which time they would possibly expand. Mr. Stowe
noted future growth would require a new application and the employees will be working various hours
and they will not all be there at the same time.
Commissioner Mohn commented regarding the “shall” or “should” language; this needs
to be consistent throughout the document and he prefers should. Commissioner Unger agrees with
Commissioner Mohn to be consistent. Chairman Kenney noted this item will move forward to the Board
of Supervisors with “should” recommended as the language.
Yes: Mohn, Dawson, Unger, Cline, Triplett, Manual, Molden, Ambrogi, Marston, Thomas, Kenney
No: Morrison
CPPA #01-19 Blackburn Property Workforce Housing – Urban Development Area (UDA)
Expansion and Land Use Designation. This is a request for an Urban Development Area (UDA)
expansion and land use designation change to allow for the development of workforce housing that
would provide affordable housing opportunities for residents of the community located within
reasonable proximity of workplaces in the community. This amendment also seeks to de signate the
71 acres for workforce housing. The property is located along the east side of Apple Valley Road
and is bordered along the western property line by Route 37 West. This property is already within
the limits of the Sewer and Water Service Area (SWSA) and is split zoned RA (Rural Areas) and
M1 (Light Industrial) District and is identified by Property Identification Number 63-A-80I in the
Back Creek Magisterial District.
Commissioner Marston would abstain from all discussion on this item for a possible
conflict of interest.
Candice E. Perkins, Assistant Director reported, at the Board of Supervisors December
12, 2018 meeting, the Board directed Staff to undertake an Urban Development Area (UDA) expansion
and land use designation change for the Blackburn Property Workforce Housing request. She continued,
this amendment proposed to add 71.7 acres into the UDA and designate the site for a
residential/workforce housing land use; the site is currently designated for industrial land uses and split
Frederick County Planning Commission Page 3617
Minutes of March 6, 2019
zoned RA/M1. Ms. Perkins presented a locations map of the property. She explained, the Applicant is
requesting the UDA expansion and land use designation to allow for the development of workforce
housing that would provide affordable housing opportunities for residents of the community located
within reasonable proximity of workplaces in the community. Ms. Perkins concluded, the Comprehensive
Plans and Programs Committee (CPPC) discussed this request at their February 2019 meeting and
recognized that workforce housing was needed within the County but expressed concern with the area this
was proposed for. She noted, the CPPC did not support the loss of planned industrial land and
recommended denial of the request.
Commissioner Thomas inquired does the County have a definition for workforce
housing. Ms. Perkins commented workforce housing is in the Comprehensive Plan text, but the County
does not have a specific definition. Commissioner Thomas asked what enforcement tools there are to
ensure it stays workforce housing and who is responsible for improvements to the transportation network.
He noted an amendment does not no seem sufficient. Ms. Perkins commented the next step would be a
rezoning and at that point in order to solidify the workforce housing it would have to be proffered, from
there they would get their funding and then it becomes the County’s responsibility to enforce the proffers;
the transportation impacts would have to be worked out during the rezoning process also. Commissioner
Thomas asked if a proffer can be placed for the developer to commit to not raising the rent for 5 years not
over $700. He noted this is a poor location for this proposal and there are numerous other lots within the
County that would be more suited for this project. Commissioner Oates agreed with Commissioner
Thomas; it is a great idea, but a bad location and the County would be losing some limited industrial
ground that is hard to get and plan.
Commissioner Morrison commented, the developer has noted it is an awkward piece of
land for commercial use; he likes the idea of affordable housing in Frederick County, but this is right in
the idle of high-end housing and he feels the existing home will be negatively affected. Chairman Kenney
agrees with the Commissioners; the County would be giving up M1 land for housing and there are other
more suitable sites.
Mr. Evan Wyatt of Greenway Engineering, representing the Applicant came forward and
presented an overview of the proposed Amendment. He explained, the Applicant has researched the
feedback given from the CPPC and; looked at the property as a whole in regard to the wetlands and
industrial use; pointed out developable area of the property on mapping; the housing can work around the
wetlands; the ability to find a place for workforce housing and looked at comparable sites.
Commissioner Thomas commented it was stated that other sites with approximately 70+
acres were looked at; why not look for 5, 10, or 15-acre sites. Mr. Avram Fechter, Managing Director of
EquityPlus LLC explained, they do have a constraint budget in order to deliver high quality housing at the
rental prices people can afford; things to look at are land price per unit, scale of project, and property
management. Commissioner Thomas asked if the developer is willing to cover the transportation
improvements that will be needed. Mr. Fechter noted they are fully prepared to go through the proper
process to address the transportation impacts.
Commissioner Unger inquired if this is approved, in order to live there a family could
only make a certain amount of money. Mr. Fechter responded there is income testing that is done at the
initial move in; if the income increases over time there is not change ; if the property is sold another
income test is performed on the new buyer. Mr. Fechter noted, Federal regulations govern what is
charged and with guidelines.
Commissioner Morrison commented that building 200 homes at low income will likely
generate higher than normal school age population increase, how will this be addressed. Mr. Fechter
Frederick County Planning Commission Page 3618
Minutes of March 6, 2019
stated it will not be low income but rather workforce housing. Mr. Wyatt commented if this project gets
past the Comprehensive Planning stage and the property is deemed acceptable to move forward with the
project then the next step would be to go through a formal rezoning with the school providing comments.
Commissioner Mohn asked what is the Feral program that would be used. Mr. Fechter
explained, it is called low income tax credit and the definition in the federal code is 60% of AMI.
Commissioner Unger commented that the 200 houses concern him. Mr. Fechter noted this project would
be unique to the Frederick County community. Commissioner Oates commented, this would be taking a
spot that is an economic generator for industrial uses and considering it for residential and he is not
comfortable with that. Mr. Ruddy offered verification regarding the proffers and there may be new
legislation of which would be addressed at the rezoning process.
This item is moving to the Board of Supervisors and is not supported by the Planning Commission.
YES: Ambrogi, Manuel
NO: Unger, Cline, Oates, Kenney, Thomas, Molden, Morrison, Triplett, Dawson, Mohn
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Cancelation of the regular meeting
Chairman Kenney announced there were no pending items for the Planning
Commission’s March 20, 2019 meeting and it will be canceled.
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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 8:40 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #02-19
CONNIE ANN MOSS – Expansion of Existing Dog Kennel
Staff Report for the Planning Commission
Prepared: April 9, 2019
Staff Contact: M. Tyler Klein, AICP, Senior 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: 04/17/19 Pending
Board of Supervisors: 05/08/19 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for an expansion of
an existing dog kennel to allow the boarding of up to 25 dogs. Should the Planning Commission
find this application for an expansion of the dog kennel to be appropriate, Staff recommends that
the following conditions be attached to the CUP (new conditions are bold, italics and
underlined):
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. Dogs to be allowed outside and
supervised on a leash after 9:00 p.m. as needed.
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. Up to 25 dogs are allowed to be boarded at any given time.
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 #02-19 Connie Ann Moss
April 9, 2019
LOCATION: This property is located at 4527 Valley Pike, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 75-A-28
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: Retail Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Outdoor Recreation
PROPOSED USE: This application is for an expansion of an existing dog kennel (approved
with CUP# 09-16) to allow the boarding of up to 25 dogs.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 11, the VDOT facility providing
access to the property. Existing entrance is adequate for proposed use. However, should use ever
expand in the future, the entrance may have to be upgraded to VDOT commercial standards.
See comment letter dated March 7, 2019.
Frederick County Fire and Rescue: Plan approved provided that all buildings/structures that
fall under this CUP have at least 1-smoke detector and 1 5lb multi-purpose ABC fire
extinguisher installed.
See comment letter dated March 14, 2019.
Frederick County Inspections: No comments at this time.
See comment letter dated March 20, 2019.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit for increasing the number of dogs being
Page 3
CUP #02-19 Connie Ann Moss
April 9, 2019
boarded at the Strategic Paws Training kennel, locate at 4527 Valley Pike, Stephens City, VA
22655; Tax Map #75-A-28 from 10 to 25. This Health Department has no objections to the
increase of the number of dogs being boarded at the kennel from 10 to 25, as long as the increase
in dogs does not result in the number staff on duty or the number or frequency of customers
using bathrooms at the facility. Applicant is welcome to contact this Health Department at (540)
722-3480 about any part of this correspondence
See comment letter dated March 14, 2019.
Frederick Water: No Comments.
See comment letter dated February 27, 2019.
City of Winchester: No Comments.
See City of Winchester – Department of Planning comment letter dated March 13, 2019.
Note: Strategic Paws Training, LLC is served by City of Winchester Public Utilities.
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District
with an approved Conditional Use Permit (CUP). This proposed use will take place on a 4.09+/-
acre parcel; surrounded by properties that are zoned RA. The 2035 Comprehensive Policy Plan
of Frederick County provides guidance when considering any land use actions. This property is
located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long
Range Land Use Plan, this area of the County is identified for commercial uses. It appears that
this CUP meets the intent of the goals of the 2035 Comprehensive Policy Plan of Frederick
County.
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. The properties immediately adjacent to this proposed CUP
are currently zoned RA Zoning District, with the nearest residential dwelling being
approximately 500 feet from this proposed dog kennel. Therefore, the intent of the Category C
Buffer can be met, as 400 feet is required for a no screen Category C Buffer.
Conditional Use Permit (CUP) #09-16, approved by the Board of Supervisors on September 28,
2016, entitled the owner to five (5) kennels, with two (2) dogs per kennel for total of ten (10)
dogs. This CUP application expands the existing kennel operation, allowing for the boarding of
up to 25 dogs total. 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 breeding of dogs with this use.
Page 4
CUP #02-19 Connie Ann Moss
April 9, 2019
indoors by 9:00 p.m. There will be no breeding of dogs with this use.
STAFF CONCLUSIONS FOR THE 04/17/19 PLANNING COMMISSION MEETING:
Should the Planning Commission find this application for an expansion of the dog kennel to be
appropriate, Staff recommends that the following conditions be attached to the CUP (new
conditions are bold, italics and underlined):
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. Dogs to be allowed outside and
supervised on a leash after 9:00 p.m. as needed.
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. Up to 25 dogs are allowed to be boarded at any given time.
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.
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