PC 04-17-19 Meeting MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on 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 3626
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 — MtE. 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 — Mtn. 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 3627
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 3628
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 Newcoine 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,
ter° ti
Kevin W. Kenney, Chairm
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3629
Minutes of April 17, 2019