PC 06-05-19 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
June 5, 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) April 3, 2019 and April 17, 2019 Meeting Minutes .............................................................. (A)
3) Committee Reports ......................................................................................................... (no tab)
4) Citizen Comments .......................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #03-19 for Arthur Nelson Sisk, submitted for a landscape
contracting business. The property is located at 154 Gainesboro Road, Winchester, Virginia
and is identified with Property Identification Number 29-A-73C in the Gainesboro
Magisterial District.
Mr. Cheran ............................................................................................................................... (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 3619
Minutes of April 3, 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 April 3, 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; 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; Erin L. Swisshelm, Assistant County Attorney.
ABSENT: H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District.
STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision
Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the April 3, 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 Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
-------------
Frederick County Planning Commission Page 3620
Minutes of April 3, 2019
COMMITTEE REPORTS
Transportation Committee – Mtg. 03/25/19
Commissioner Oates reported, the Committee discussed the Route 11 Access Break from
Route 37 at Kernstown. He continued, a few years ago the Board of Supervisors passed a resolution
supporting the access break; as the Applicant has moved forward, the parameters of VDOT have become
too expensive therefore a request was made by the Applicant to pick out certain things they should have
to do and go back to VDOT and try to get them to relieve them of some of the responsibilities. The
Committee decided to not get in the middle of this and if they want the access break they need to follow
VDOT rules. Commissioner Oates reported, there was a discussion regarding there being a traffic signal
at the intersection of Old Charlestown Rd. and Route 11; the Comprehensive Plan, VDOT, and Planning
Staff would prefer a round-a-bout in that area instead of a traffic signal however, the proffered conditions
from the Snowden Bridge rezoning only allows money for the traffic signal. He noted, VDOT and the
County are going to study that section and the goal is to have the traffic signal up or the round-a-bout
constructed prior to the new school opening. Next Commissioner Oates reported a discussion was held
regarding the Northern Y at Russell 150; six months ago, the Applicant requested approval of 30% study
of which the Applicant paid for, the estimate came back after the 30% at $6 million and the Committee
decided unless the Applicant was willing to put forth a lot more money then that project will cease. He
concluded, there was an update pertaining to SmartScale given at the meeting.
Frederick Water – Mtg. 03/19/19
Commissioner Oates reported, Frederick Water adopted new water and wastewater rates
for the Town of Stephens City. It was decided to charge the Town of Stephens City the same per month
rate as any other customer for water and the wastewater rate which was calculated based on the current
contract held and sent forward to Stephens City. Commissioner Oates continued, the Town of Stephens
City flows have exceeded the Town’s 250,000 gpd (gallons per day) allocations. The Town has been
notified that its wastewater flows have exceeded the Town’s agreed to allocation for 3 consecutive
months and now per agreement, the Town must suspend the issuance of connections to its system until
capacity is increased or until it is advised by Frederick Water that additional wastewater may be
delivered. Next, Commissioner Oates reported a discussion was held regarding the Lake Frederick
Elevated Water Tank; the contract was awarded to Phoenix Fabricators and Erectors for $1.75 million.
He concluded, the construction of the Route 37 water main loop contract was awarded to Garney
Construction for $3.9 million. This is a 20-inch water main going from Round Hill to the water tank at
the end of Route 37/ I-81 interchange, which will connect the northern and southern water service areas.
He noted, both of these projects are 9 months and should be completed before the end of the year.
Board of Supervisors – Mtg. 03/13/19
Michael T. Ruddy, Director, reported the Board of Supervisors approved the 2019-2024
Comprehensive Plan; REZ #03-18 Carpers Valley Industrial Park was denied; and CPPA #02-18
Brucetown Road Area Amendment was postponed.
-------------
Frederick County Planning Commission Page 3621
Minutes of April 3, 2019
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. Mr.
Richard Medley of Double Church Road came forward and shared his concerns regarding the townhouses
being built near his home and he stated he was not notified of this until after construction began. No one
else came forward to speak and Chairman Kenney closed the public comments portion of the meeting.
-------------
PUBLIC HEARING
Conditional Use Permit #01-19 for Patrick and Alicia Smith, submitted for a bed & breakfast and
campground in the RA (Rural Areas) Zoning District. The property is located at 591 Valley View
Trail, Winchester, Virginia and is identified with Property Ide ntification Number 48-4-33 in the
Back Creek Magisterial District.
Action – Postponed 45 days
M. Tyler Klein, Senior Planner, reported this property is located at 591 Valley View Trail
(Great North Mountain Wilderness Area) in the Back Creek Magisterial District and the property is
accessed from Back Mountain Road through Shawneeland via a 50-foot wide gated private driveway.
Currently the land is zoned RA (Rural Areas), the land use is Vacant/Undeveloped, and the proposed use
is for a Bed & Breakfast and Campground. Mr. Klein presented a locations map of the property and a
photo of the Valley View Trail. He continued, Frederick County Zoning Ordinance defines a Bed &
Breakfast as: an owner or operator occupied single family detached dwelling which c ontains no more
than one kitchen and 10 or fewer guest rooms which are occupied for sleeping purposes by guests, other
than temporary personal guests of a family, in a dwelling unit for compensation, with or without meals. It
defines a Campground as: a lot or parcel upon which two (2) or more campsites are located, established,
or maintained for occupancy by the general public as temporary living quarters for recreation, education
or vacation purposes. Mr. Klein shared Frederick County Zoning Ordinance §165-204.03 Campgrounds
and tourist camps – regulating: minimum size, density, setbacks, permanent residences, buffers and
screens and compliance with Virginia Department of Health (VDH) campground requirements. He
explained this CUP application proposes:
o Owner-occupied residence with bed & breakfast with up to 5 guest bedrooms
o Up to 30 primitive tent only campsites
o Up to 10 partially enclosed bunkhouses
o Supporting campground infrastructure which may include bathhouses and/or a
kitchen
Mr. Klein noted, the property may be developed in phases and the use of the property
may be by Tuscarora Trail hikers and other recreationalists. He presented a map of the Tuscarora Trail
and shared an illustrative sketch plan provided by the Applicant. Mr. Klein reported, the proposed
conditional uses are consistent with the 2035 Comprehensive Plan and the property is identified to remain
rural/agricultural in nature. He noted, the Tuscarora Trail is a recreation feature identified in the 2035
Comprehensive Plan; the trail is an important feature in the County for recreation and tourism, and the
County supports a growing number of activities as well as outstanding recr eational opportunities such as
Frederick County Planning Commission Page 3622
Minutes of April 3, 2019
the Tuscarora Hiking Trail. Mr. Klein concluded, should the Planning Commission find this use
appropriate, Staff would recommend the following conditions:
1. All review agency comments shall be complied with at all times.
2. Development of the property may include:
a. A maximum of five (5) bed & breakfast guestrooms
b. A maximum of thirty (30) tent only campsites, with any required
supporting infrastructure including bathhouses
c. A maximum of ten (10) partially enclosed bunkhouses
d. Supporting infrastructure such as a separate commercial kitchen to serve
campground guests
3. An engineered site plan, in accordance with the requirements of Article VIII
of the Frederick County Zoning Ordinance, shall be submitted to and subject
to approval by Frederick County prior to the establishment of both the bed &
breakfast and campground uses
4. Building permits are required for all buildings and structures
5. One (1) monument style sign with a maximum sign area not to exceed 50
square feet (SF) and not to exceed 10 feet (FT) in height is permitted
6. Any expansion or modification of this use will require the approval of a new
CUP
Commissioner Oates inquired will the number of tent spaces require a bath house. Mr.
Klein noted a camping permit may be required depending on the number of tent spaces. Commissioner
Marston asked could the Applicant build a residence and not call it a Bed & Breakfast and not need a
CUP. Mr. Klein stated that is correct. Commissioner Marston inquired could the Applicant have a
campsite and not need the CUP. Mr. Klein explained if there is more than one campsite then a CUP i s
needed. Commissioner Marston asked who owns the roads in Shawneeland. Mr. Klein commented, the
roads are owned by Frederick County and are maintained by the Shawneeland Sanitary District and the
residents are charged a maintenance fee to service the roads. Commissioner Ambrogi asked will there be
charges to those who use the facility. Mr. Klein directed this question to the Applicant.
Commissioner Thomas inquired what defines a campsite. Chairman Kenney clarified
regarding this Application it is defined as 1 tent = 1 campsite. Commissioner Thomas inquired if 10 tents
are pitched on a farm it is a zoning violation. Mr. Ruddy stated we are not out to enforce this upon
farms, this is regarding the Application before us tonight.
The Applicants, Patrick and Alicia Smith came forward and gave a presentation on their
intended use for the property; they provided aerial mapping of the property and surrounding area. Mr.
Smith shared a letter from Mr. John Darr, of the HOA in support of this project.
Commissioner Oates inquired if the campsites would be used by hikers and what type of
parking will be available. Mr. Smith commented, his vision is for it to be a private project with
reservations for friends and family; he wants to put a shelter at the overlook on the trail that is open to
hikers on a first come first serve basis. He noted, there will not be a need for a parking area.
Commissioner Marston asked if there will be advertising to the public and will this project be non-profit.
Frederick County Planning Commission Page 3623
Minutes of April 3, 2019
Mr. Smith explained, there will not be advertising to the public and it will be non-profit. He continued,
there will not be any fees but there may be donations accepted. Commissioner Marston asked if hunting
takes place on the property and is the land posted. Mr. Smith stated the property lines are clearly marked
and he will insure the land is properly posted.
Commissioner Thomas asked if Tuscarora Trail hikers have come through and spent the
night. Mr. Smith stated there have not been any spend the night to his knowledge and there is not much
through traffic of hikers. Commissioner Dawson commented, this sounds like a business with a sign and
such. Mr. Smith stated the HOA prohibits a sign being placed. Chairman Kenney inquired is access to
Valley View Trail via a gate. Mr. Smith noted that is correct, access is through a gate right now, and their
plan is to purchase the land to the north; they have a contract with the owner with first right of refusal and
depending on the outcome of this process, the plan is to build a driveway.
Commissioner Mohn inquired is this a CUP because they want to host groups and other
people. Mr. Klein stated this operation is unique and the Applicant is trying to adhere to the zoning
ordinance and do things the right way. Commissioner Oates commented this is a fine line between a CUP
and a by right use. Commissioners Thomas and Triplett stated they do not see the need for a CUP in this
situation.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Eric Stillman commented, the Tuscarora Trail is isolated, he supports this
Application and noted it is a great idea for the community.
Mr. Chris Barron strongly opposes this application siting traffic and road impacts. He
feels this would be a detriment to the area.
Mr. Jordan Castille read four items from the zoning ordinance and commented this would
eventually be a violation of the ordinance.
Ms. Rhonda Sargent shared her concerns with fire hazards and the difficulty in fighting
fires in this area; the health department requirements being met; if this is not commercial then why are
they in contact with the Tourism Bureau; and she feels it is not appropriate for this area and l and. She
requested this item be postponed so more information can be gathered.
Mr. Seth Castille strongly opposes this, he noted there are 12 lots on Valley View Trail
and 9 lot owners oppose this.
Ms. Joan Castille cited fire hazards and adjoining owner’s opposition. She commented
the roads and area in general are not ideal for this type of business.
Mr. Justin Kerns of the Winchester-Frederick Convention and Visitors Bureau spoke in
support of this Application and stated their role is very limited.
Ms. Lynn Schmitt, SSDAC Chairman feels this will have a negative impact on the
community in various ways and requested this be denied.
Ms. Natalie Miller opposes this application and stated this has the potential to encompass
over 200 acres and impacts will be felt in the community.
Frederick County Planning Commission Page 3624
Minutes of April 3, 2019
Ms. Lisa Krosedale a neighbor to the Smith Family noted the Smiths have made
themselves accessible and are nice people trying to do the right things by submitting this application. She
supports this use.
Mr. Rick Staubs spoke noting the PATC has over 7,600 members and the roads are a
concern, he strongly opposes the application.
Ms. Lisa Floyd owns and bed & breakfast in Star Tannery, she spoke in support of this
application. She noted traffic impacts will be minimal and this is more of a lifestyle not a business.
Ms. Lisa Stillman supports this and noted the Smiths are environmentalists and their
vision is good.
Mr. Barry VanMeter commented very little notice has been given about this CUP;
Verizon was rejected for a CUP because of inadequate roads; the future of Shawneeland and fees for
roads needs to be addressed. He recommends postponement.
Commissioner Oates cited permitted uses in the R5; he supports a postponement.
Commissioner Thomas supports this project and noted the traffic model does not apply to campgrounds
and he does not feel the traffic model provided by those in opposition is legitimate. Commissioner Mohn
stated more clarity needs to be provided and this should be aligned better. He would agree to a
postponement, so something can be worked out. Chairman Kenney noted, a CUP stays with the property
not the owner, so possibly a condition can be added that this CUP ends with the current owner.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Upon motion made by Commissioner Marston and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
postponement of 45 days for Conditional Use Permit #01-19 for Patrick and Alicia Smith, submitted for a
bed & breakfast and campground in the RA (Rural Areas) Zoning District. The property is located at 591
Valley View Trail, Winchester, Virginia and is identified with Property Identification Number 48-4-33 in
the Back Creek Magisterial District.
-------------
INFORMATION / DISCUSSION
Site Plan (Subdivision) #23-18 for Liberty Chase submitted by Greenway Engineering, Inc., on
behalf of Freetown, LLC. This application seeks to develop 1.97+/- acres of land zoned RP
(Residential Performance) District for 17 single-family attached (townhouse) units. The subject
properties are located at Double Church Road (Route 641) generally north of Fairfax Pike (Route
277) in the Opequon Magisterial District and are identified by Property Identification Numbers 75-
A-58 and 75-A-59.
M. Tyler Klein, Senior Planner, reported this is a proposal to develop 1.97+/- acres of
land zoned RP (Residential Performance) to 17 single-family attached townhouses. He continued, the
Applicant received a waiver of the Master Development Plan (MDP) requirements in July 20 17 and has
Frederick County Planning Commission Page 3625
Minutes of April 3, 2019
chosen to process a site plan in lieu of the MDP. Mr. Klein explained, access to the site will be provided
from Double Church Rd. via a private street – Stella Court; sidewalks will be included on either side of
the internal street for pedestrian connectivity within the development and a 5’ wide sidewalk will be
provided along the property frontage on Double Church Rd.; the right -of-way for the future condition of
Double Church Rd. as a four-lane divided roadway is also dedicated; recreational amenities (to be
determined at the time of construction) may be provided in the form of an outdoor pavilion, playground,
tot lot, or equivalent; and residential separation buffers are also provided to screen the development from
adjacent properties and roadways. Mr. Klein concluded, the site plan for Liberty Chase is generally
consistent with the requirements of the County’s Zoning & Subdivision Ordinances and is in a form that
is administratively approvable.
Commissioner Thomas inquired is there any protection between the townhouses and Mr.
Medley’s property on the Master Development Plan (MDP). Mr. Klein noted, yes, the Applicant is
providing a category A buffer which includes a 25’ separation distance buffer, a portion will be a planted
buffer which will include trees and shrubs; the Applicant is also providing a 6’ tall board on board fence
along that property line. Commissioner Thomas asked who will be responsible for the maintenance of the
buffer fence. Mr. Klein stated, once the HOA is established, it will be their responsibility for fence
maintenance. He noted, there are buffers on 3 sides of the property. Commissioner Thomas asked will
the County make sure the drainage is adequate on the site. Mr. Klein commented, part of the review of
the site plan is the approval of a Stormwater Management Plan by Public Works which the Applicant has
received approval.
-------------
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 Cline and unanimously
passed. The meeting adjourned at 8:55 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3626
Minutes of April 17, 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 April 17, 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; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Kathleen
Dawson, Red Bud District; Erin L. Swisshelm, Assistant County Attorney.
ABSENT: J. Rhodes Marston, Back Creek District; Christopher M. Mohn, Red Bud District.
STAFF PRESENT: Michael T. Ruddy, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the April 17, 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 Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Cline and seconded by Commissioner Oates, the
Planning Commission unanimously adopted the minutes from the March 6, 2019 meeting.
-------------
Frederick County Planning Commission Page 3627
Minutes of April 17, 2019
COMMITTEE REPORTS
Frederick Water – Mtg. 04/09/19
Commissioner Unger reported, there will be a public hearing on May 21, 2019 to accept
public comment on a water and sewer rate increase; under the proposed rates, the typical residential
customer will incur a 4.50 increase in their monthly water and sewer bill . He noted, higher consumption
users, such as heavy commercial and industrial users will realize a more substantial increase.
Commissioner Unger continued, the increase is needed to offset increasing cost for water purchases from
the City of Winchester and Carmeuse, increasing cost for treatment at the Opequon Water Reclamation
Facility, and overall increasing electricity and chemical costs. Commissioner Unger presented the March
2019 operations report: customer base is over 16,180 connections; monthly water production averages
5.90 mgd; the Diehl Water Treatment Plant’s North and South quarries continue to enjoy recharge and
benefits from Frederick Water’s efficient water source management and rain; the quarries are full and in
excellent shape; water production at the Diehl Plant was at 2.884 mgd; water purchase from the City of
Winchester has been reduced from over 2 mgd to 1.383 mgd, a significant savings to Frederick Water
customers; March rainfall was 3.45” and the 12 month average is 5.21”.
City of Winchester – Mtg. 04/16/19
Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the
Commission approved the following: Ordinance Amendment to modify freestanding sign allowances;
CUP for Ground Floor Residential; Ordinance Amendment to eliminate several by-right and conditional
uses not consistent with the statement of intent for each district.
Board of Supervisors – Mtg. 04/10/19
Board of Supervisors’ Liaison, Supervisor Trout reported the Board send forward to
Public Hearing CPPA #02-18 Brucetown Road Area Amendment and CPPA #01-19 Blackburn Property
Workforce Housing.
-------------
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. No one
came forward to speak and Chairman Kenney closed the public comments portion of the meeting.
-------------
Frederick County Planning Commission Page 3628
Minutes of April 17, 2019
PUBLIC HEARING
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, allows 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.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this application is for an expansion to an
existing dog kennel to allow the boarding of up to 25 dogs; the property is zoned RA ( Rural Areas) and
the current land use is Residential. Mr. Klein presented a locations map of the property. He explained,
kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use
Permit (CUP). Mr. Klein continued, kennels are defined as “a place prepared to house, board, breed,
handle or otherwise keep or care for dogs for sale or in return for compensation.” He noted, CUP #09-16
was approved by the Board of Supervisors on September 28, 2016 which enabled the owners to operate
five (5) kennels for up to 10 dogs and dog training. Mr. Klein reported, this CUP proposes expanding
only the existing kennel operation, allowing for the boarding of up to a total of 25 dogs ; no new
construction is proposed; and the previous conditions approved with CUP #09-16 remain unchanged. He
presented an illustrative sketch plan provided by the Applicant. Mr. Klein concluded, should the
Planning Commission find this use appropriate, Staff recommends the following conditions:
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 p.m.; dogs to be allowed outside and
supervised on a leash after 9 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.
Mrs. Moss came forward and presented a brief overview of her request and shared the
components of her request; she has seen a steady increase in dogs over the past 3 years; suspended
training to focus on boarding; on average they turn away 5 dogs per week; multi-home boarding (dogs
from the same family) has become a frequent request. Mrs. Moss noted her kennel was unique; the
structure and care of the dogs is to alleviate stress on the dogs (more outdoor playtime, TV time, &
music) and the owners leaving them in their care. Commissioner Morrison suggested revisiting the
Frederick County Planning Commission Page 3629
Minutes of April 17, 2019
language regarding the suspended training. Mrs. Moss stated she would like to keep the training option.
Mr. Klein clarified that the training option has been left “as is”, as part of the original CUP.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. Mr. Dana Newcome of the Gainesboro District spoke in support of this
CUP, noting it is difficult to find reputable boarding in Frederick County and the expansion of service is
greatly needed. No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Upon motion made by Commissioner Unger and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of 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, allows 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.
(Note: Commissioners Mohn and Marston were absent from the meeting)
-------------
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 Cline and unanimously
passed. The meeting adjourned at 7:15 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #03-19
Arthur Nelson Sisk – Landscape Contracting Business
Staff Report for the Planning Commission
Prepared: May 23, 2019
Staff Contact: Mark R. Cheran, Zoning Administrator
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: 06/05/19 Pending
Board of Supervisors: 07/10/19 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for the establishment of a landscape
contracting business in the RA (Rural Areas) Zoning District. Should the Planning Commission
find this application for a landscape contracting business to be appropriate, Staff recommends
that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to the establishment of the use, including the screening of
vehicles and equipment.
3. Two, non-illuminated freestanding monument business signs shall be allowed with this
Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten
(10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet
in area and ten (10) feet in height.
4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance.
5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week.
6. There will be no more than six (6) employees with this use and on site at any given time.
7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit.
8. Any expansion or change of use shall require a new Conditional Use Permit.
Following this 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 #03-19, Arthur Nelson Sisk – Landscape Contracting Business
May 23, 2019
LOCATION: The subject property is located at 154 Gainesboro Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 29-A-73C
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Commercial Outdoor Recreation (CUP #004-98)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Country Store
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: The Applicant proposes the establishment of a Landscaping Contracting
Business. This use will be utilizing the existing structure on site as a business office, and new
outbuildings are proposed for storage of equipment. There will be outdoor storage that will
consist of trees, wood, and mulch for display to the public.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 684, the VDOT facility providing
access to the property. Existing entrance is adequate for the proposed use. However, should the
use ever expand in the future, the entrance may need to be upgraded to VDOT commercial
standards.
Frederick County Inspections: No comments.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit for a Landscaping Business to park trucks
and trailers at 154 Gainesboro Rd., Winchester, VA 22603 Tax Map #29 -A-73C. The applicant
says that he will have up to 4 (four) employees (drivers) who will leave their personal vehicles at
the lot and pick up company vehicles to perform the landscaping jobs. The applicant says that no
employees will remain on the premises during business hours, except for the owner/applicant and
a secretary who will occupy office in the miniature golf structure. This business is served by a
Pump & Haul sewage disposal system. This Health Department therefore has no objections for
the use of the property to serve as a parking area for the landscaping business. Applicant is
Page 3
CUP #03-19, Arthur Nelson Sisk – Landscape Contracting Business
May 23, 2019
welcome to notify this Health Department of any questions about any part of this correspondence
by calling (540) 722-3480 or (540) 771-3020.
See updated email addendum dated May 21, 2019, from Herbert Cormier, Environmental Health
Supervisor.
Frederick County Fire Marshall: Approve.
Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a landscape
contracting business. This proposed use will take place on a three (3) acre tract of land. This tract
of land currently has an approved CUP (CUP#004-98) for a commercial outdoor recreation
facility (miniature golf) with an approved site plan. This proposed landscape business will
replace the miniature golf course use.
The 2035Comprehensive Plan of Frederick County (“Comprehensive Plan”) provides
guidance when considering land use actions. The location of this proposed landscaping
contracting business will be located within the Gainesboro Rural Community Center as identified
within the Comprehensive Plan. The Comprehensive Plan addresses development within its
Rural Community Centers. The Comprehensive Plan discourages large residential development
within its Rural Community Centers but allows for commercial uses, if the uses are in scale and
nature for the Gainesboro Community Center. The uses near this proposed use are residential in
nature and an approved Off-Premise Farm Market across Gainesboro Road (Route 684). This
proposed use is consistent with the goals of the Comprehensive Plan. Specifically, land use
goals for the rural areas of the County identify the importance of maintaining a rural character in
areas outside of the Urban Development Area (UDA). A mix of agricultural, commercial and
residential uses are envisioned for this Rural Community Center.
The Frederick County Zoning Ordinance allows for a landscaping contracting business in the
RA Zoning District with an approved CUP. Based on the description of the use provided by the
Applicant there will be no more than six (6) employees, and contain no more than nine (9)
vehicles stored on the site. All business transactions of this CUP will occur within an existing
office with two (2) employees on site. Majority of the business operation will be conducted off
site. The hours of operation will be Monday through Sunday from 8:00 a.m. to 8:00 p.m.
The Applicant will be utilizing the elements of the approved site plan assigned to CUP #004-98
these elements include parking, screening, storage bays for stock, and location of signage.
There will be sales of stock that will take place on site. A new equipment building will be added
to the site. The Applicant proposes two (2) on-premise signs, the first sign facing Route 522 of
fifty (50) square feet in area and ten (10) feet in height. A second sign will be facing Gainesboro
Road (Route 684) of twenty (20) square feet in area and ten (10) feet in height. This signage was
approved with CUP #004-98. The existing entrance to access this site is located on Gainesboro
Road (Route 684), no other entrances will be used to access this site. The ultimate configuration
Page 4
CUP #03-19, Arthur Nelson Sisk – Landscape Contracting Business
May 23, 2019
of the site will be determined at time of submission of an illustrative sketch plan with this CUP.
The Applicant has agreed to the conditions of this CUP.
STAFF CONCLUSIONS FOR THE 06/05/19 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for the establishment of landscape
contracting business in the RA (Rural Areas) Zoning District. Should the Planning Commission
find this application for a landscape contracting business to be appropriate, Staff recommends
that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use, including the screening
of vehicles and equipment.
3. Two, non-illuminated freestanding monument business signs shall be allowed with this
Conditional Use Permit. Signage along Route 522 shall fifty (50) sq. feet in area and ten
(10) ten feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20)
sq. feet in area and ten (10) feet in height.
4. Access to the site will only be via the existing Gainesboro Road (Route 684) existing.
5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week.
6. There will be no more than six (6) employees with this use and on site at any given time.
7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use
Permit.
8. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
£¤522
29 A 73C
221GAINESBORO RD
171GAINESBORO RD
161GAINESBORO RD
141GAINESBORO RD 131GAINESBORO RD
107GAINESBORO RD
151GAINESBORO RD
114GAINESBORO RD
4736N FREDERICKPIKE
128GAINESBORO RD
140GAINESBORO RD
166GAINESBORO RD178GAINESBORO RD
200GAINESBORO RD308GAINESBORO RD
188GAINESBORO RD
4780N FREDERICKPIKE
4812N FREDERICKPIKE
GAINESBO
R
O
R
D
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: May 2, 2019
Gainesboro
N F
R
E
D
E
R
I
C
K
P
I
K
E
GAINESBOR
O
R
D
N
F
R
E
D
E
R
I
C
K
P
I
K
E
0 180 36090 Feet
N
F
R
E
D
E
R
I
C
K
PI
K
E
£¤522
CUP #03-19
£¤522
CUP # 03 - 19: Arthur Nelson SiskPIN: 29 - A - 73CLandscape Contracting BusinessZoning Map