PC 06-01-22 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
3.A.April 6, 2022 Meeting Minutes
3.B.May 4, 2022 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #03-22 for Christina Boyer - (Mr. Cheran)
Submitted for a dog kennel/boarding. The property is located at 409 Brill Road, Star
Tannery, Virginia. The property is identified with Property Identification Number 69-5-1-
7 in the Back Creek Magisterial District.
6.B.Draft Update of the 2022-2023 Frederick County Interstate, Primary, and
Secondary Road Improvement Plans - (Mr. Bishop)
The Primary and Interstate Road Improvement Plans establish priorities for
improvements to the Primary and Interstate Road networks within Frederick County.
Comments from the Transportation Committee will be forwarded to the Planning
Commission and Board of Supervisors. Ultimately, the priorities adopted by the Board
of Supervisors will be forwarded to the Commonwealth Transportation Board for
AGENDA
PLANNING COMMISSION
WEDNESDAY, JUNE 1, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC06-01-22MinutesApril6.pdf
PC06-01-22MinutesMay4.pdf
PC06-01-22CUP03-22_Redacted.pdf
1
consideration.
The Virginia Department of Transportation and the Planning Commission of
Frederick County, in accordance with Section 33.2-331 of the Code of Virginia,
will conduct a joint public hearing in the Board Room of the Frederick County
Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m on
Wednesday, June 1, 2022. The purpose of this public hearing is to receive public
comment on the proposed Six Year Plan for Secondary Roads for Fiscal Year
2023 through 2028 Frederick County and on the Secondary System Construction
Budget for Fiscal Year 2023. Copies of the proposed Plan and Budget may be
reviewed at the Edinburg Office of the Virginia Department of Transportation, located at
14031 Old Valley Pike, Edinburg, Virginia or at the Frederick County offices located at
107 North Kent Street, Winchester, Virginia. All projects in the Secondary Road
Improvement Plan that are eligible for federal funds will be included in the Statewide
Transportation Improvement Program (STIP), which documents how Virginia will
obligate federal transportation funds. Persons requiring special assistance to attend
and participate in this hearing should contact the Virginia Department of Transportation
at 1-800-367-7623. Persons wishing to speak at this public hearing should contact the
Frederick County Planning Department at 540-665-5651.
7.Other
7.A.Current Planning Applications
8.Adjourn
PC06-01-22InterstatePrimarySecondaryRoadPlan.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: June 1, 2022
Agenda Section: Meeting Minutes
Title: April 6, 2022 Meeting Minutes
Attachments:
PC06-01-22MinutesApril6.pdf
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Frederick County Planning Commission Page 3908
Minutes of April 6, 2022
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 6, 2022.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District;
Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District ; Mollie Brannon, Back
Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles
Markert, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator;
M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the April 6, 2022 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join
in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Thomas and seconded by Commissioner Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Orndoff and seconded by Commissioner Manuel,
the Planning Commission unanimously adopted the minutes from the March 2, 2022 meeting.
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Frederick County Planning Commission Page 3909
Minutes of April 6, 2022
COMMITTEES
Development Review and Regulations Committee – Mtg. 03/24/22
Commissioner Kozel reported, the Committee discussed Short-Term Lodging and this
item is coming before the Planning Commission this evening. Also discussed was allowed uses in the B2
Zoning District, specifically self-storage facilities; this item did not receive committee support and may
come back to the committee at a later date for further discussion as part of a broader review of Business
and Industrial District uses.
City of Winchester – Mtg. 04/05/22
Commissioner Ray, Winchester City Planning Commission Liaison, reported the
Commission heard reports on two items; a request to reapprove the development plan for a Planned Unit
Development on 22.7 acres of land at 301 and 441 Linden Drive zoned Low Density Residential District
with PUD Overlay District; and an ordinance to amend the Winchester Zoning Ordinance pertaining to
the area available for use in the primary and secondary downtown assessment districts.
Board of Supervisors
Supervisor Ludwig reported there was a budget work session with continued efforts with
the School Board with funds possibly being put into a reserve which he is hopeful could be used for roads
in the future.
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CITIZEN COMMENTS
Chairman Jewell 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.
Ms. Sue Case, residing on Waynes Lane in Stephens City, VA shared her concerns with
an Airbnb on Waynes Lane. She noted this is a shared driveway/lane. She asked the Planning
Commission to consider regulations to short-term lodging when a shared driveway/lane is involved. She
noted, she does not feel short-term lodging conditions should be a one size fits all.
No one else came forward to speak and Chairman Jewell closed the public comments
portion of the meeting.
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Frederick County Planning Commission Page 3910
Minutes of April 6, 2022
PUBLIC HEARING
Conditional Use Permit #02-21 for Eli Williams – Submitted for establishment of a special event
facility in the RA (Rural Areas) Zoning District. The property is located at 1570 Gough Road,
Winchester, Virginia and is identified with Property Identification Number (PIN) 60-A-79 in the
Back Creek Magisterial District.
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to allow
for the operation of a special event facility on a 10-acre property located at 1570 Gough Road,
Winchester, Virginia, in the Back Creek Magisterial District. The property is surrounded by other RA
(Rural Areas) zoned property, which includes open space, agricultural uses, undeveloped residential lots,
and single-family detached residences. He continued, a special event facility is a permitted use in the RA
(Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines a “special event
facility” as a facility or site utilized for events that are typically conducted on a single day, but which may
be conducted for up to three consecutive days, for which attendance is permitted only by invitation or
reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners,
weddings, and private parties. Mr. Cheran explained, the subject property includes a single-family
detached residence, open outdoor patio, with 2,640 square foot barn for weddings and other special
events. The Applicant intends to host events for up to 200 persons and will provide a gravel parkin g area
for guests; mobile portable restroom facilities will be used; and all food preparation will be via catering
companies. He concluded, Staff recommends the following conditions for this CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance and addressing additional regulations for
specific uses contained in §165-204.30, shall be submitted to and approved by
Frederick County prior to the establishment of the use.
3. Special events shall start no earlier than 8 a.m. and all events and related
activities shall conclude by midnight. Amplified outdoor music shall conclude
by 9 p.m.
4. All event traffic shall use Gough Road (Route 618).
5. Special events may accommodate up to and not to exceed 200 persons.
6. 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.
7. Any expansion nor modification of this use will require the approval of a new
CUP.
Commissioner Thomas asked about the amplified music and if the time of 9:00 p.m.
applies to indoors and outdoors. Mr. Cheran responded it only applies to outdoors. Eli Williams, the
Applicant came forward to address questions. Commissioner Brannon asked if the Applicant plans on
moving into the house on the property and his response was yes. Commissioner Brannon asked if the
noise outdoors is an issue; could the amplified music be moved indoors. Mr. Williams stated he would be
willing to do that. Commissioner Brannon asked the Applicant to explain what prompted this CUP. Mr.
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Frederick County Planning Commission Page 3911
Minutes of April 6, 2022
Williams explained, he started with the CUP process 15 months ago; he was working on the barn, and he
had a friend that was leaving for the service and wanted to use the barn in July for a going away
celebration; he noted he did not charge his friend.
Commissioner Brumback inquired if the portable toilets will be screened and removed.
Mr. Williams commented that is correct and he plans to keep them close to the barn and out of view.
Commissioner Brumback asked if he could put them on the east side of the building and he stated he
would be willing to do that.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
Stephen Carroll representing the family that owns 17 residential lots shared his concerns
with this and that changing the rural land to a more commercial type of use would be a negative impact on
this area.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Commissioner Brumback asked Mr. Cheran if the drive-way that circles the barn is for
the entrance and exit. He stated the entrance and exit is on Gough Road only. Commissioner Thomas
commented, in the VDOT comments there seemed to be little measurable impacts on Gough Road. Mr.
Cheran commented, VDOT is in acceptance of the entrance and exit on Gough Road.
Upon a motion made by Commissioner Brumback and seconded by Commissioner
Thomas to approve with the addition of no outdoor amplified music
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
with the addition of no outdoor amplified music permitted for Conditional Use Permit #02-21 for Eli
Williams – Submitted for establishment of a special event facility in the RA (Rural Areas) Zoning
District. The property is located at 1570 Gough Road, Winchester, Virginia and is identified with
Property Identification Number (PIN) 60-A-79 in the Back Creek Magisterial District.
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INFORMATION/DISCUSSION
Ordinance Amendment – Protection of Environmental Features, Off-Street Parking, and
Conditional Uses in the R4 and R5 Zoning Districts
M. Tyler Klein, Senior Planner reported, this is a request to amend Chapter 165 – Zoning
Ordinance to clarify and amend requirements contained in the supplementary use regulations, parking,
planned development districts, and business and industrial district sections.
• Protection of Environmental Features
o This is a proposed amendment to expand the allowance for additional
disturbance of steep slopes beyond the Zoning Ordinance standard (25%)
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Frederick County Planning Commission Page 3912
Minutes of April 6, 2022
o The Zoning Ordinance (§165-201.09) currently permits the Zoning
Administrator to allow the disturbance of additional small areas where
the disturbance will alleviate potential health and safety problems and
will not significantly impact the overall environmental quality of the site
• Off-Street Parking
o This is a proposed amendment to modify the requirement for off-street
parking spaces for single-family attached/townhome (SFA/TH) dwelling
units to 2.5 off-street spaces per unit.
o The Zoning Ordinance requires two (2) off-street parking spaces are
required for all single-family dwellings and mobile homes regardless of
housing type (§165-202.01 & §165-402.09).
o This standard has been insufficient for townhome communities where the
off-street parking requirement is met with one (1) garage space and one
(1) driveway space. Typically, in townhome communities there is
limited or no on-street parking (due to driveway spacing and private road
widths) and limited (if any) off-street visitor parking spaces as off-street
visitor parking is not presently required by the ordinance.
• Conditional Uses in the R4 & R5 Zoning Districts
o This is a proposed amendment to clarify the uses permissible with a
conditional use permit in the Residential Planned Community (R4) and
Residential Recreational Community (R5) Zoning Districts.
o Per §165-501.04 of the Zoning Ordinance, the R4 District as currently
worded does not require a conditional use permit be applied for to
operate any use listed as a conditional use in the Zoning Ordinance.
Additionally, the R5 District does not currently indicate any allowance
for conditional uses.
o Conditional use permits for the R5 have been interpreted to follow the
conditional uses specified in the Residential Performance (RP) District,
which is consistent with how the permitted uses in the R5 District are
indicated.
Mr. Klein concluded, the Development Review and Regulations Committee (DRRC)
discussed these proposed ordinance amendments on February 24, 2022 and supported the proposed
changes. He noted this item is presented for information and discussion. There were no questions or
discussion, and the item is sent forward to the Board of Supervisors for information and discussion.
Ordinance Amendment – Short-Term Lodging
M. Tyler Klein, Senior Planner, reported, this is a proposed amendment to Chapter 165-
Zoning Ordinance to add “short-term lodging (STL) to the definitions section, provide additional
regulation for short-term lodging, and add the use to the RA (Rural Areas), RP (Residential Performance),
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Frederick County Planning Commission Page 3913
Minutes of April 6, 2022
and MH1 (Mobile Home Community) Zoning Districts. As proposed by Staff, STL’s would be permitted
by-right through an administratively reviewed permit process (draft permit application also provided); the
Permit would be valid for a period of 2-years and a $200 fee. He noted, the Zoning Ordinance does not
presently include a specific use or regulations for short -term lodging. Similar uses such as “rooming
house/boarding house” and “bed and breakfast” are already included in the ordinance (allowed as
conditional uses in certain districts) but are defined in such a manner that they would not otherwise permit
short-term lodging. Mr. Klein shared the proposals for the Zoning Ordinance:
• Short-Term Lodging (§165-101.02)
o Short-Term lodging (STL) is any occupancy of all or part of a dwelling
or mobile home for a period of 30 days or less.
• Short-Term Lodging (§165-204.35) – where permitted, short-term lodging shall
meet the following requirements
o The maximum number of lodgers per night shall not exceed 10-persons,
except where Uniform Statewide Building Code permits only a fewer
number of occupants.
o No more than five (5) guestrooms are permitted for short-term lodging.
o The maximum number of rental contracts per night is one (1). All
lodgers occupying the short-term lodging must be associated with the
same rental contract.
o A dwelling or manufactured home used for short-term lodging shall
comply with the following standards:
➢ Be available for inspection by the County during reasonable
hours and in accordance with the Zoning Ordinance. Comply
with the requirements of the applicable version of the Virginia
Uniform Statewide Building Code or Virginia Manufactured
Home Safety Regulations, as determined by the Building
Official.
➢ Have a working multi-purpose fire extinguisher, smoke detectors
and carbon monoxide detectors (when required for a fireplace or
gas service).
➢ Have a plan posted inside the door of each sleeping room
showing the exit pathway from the sleeping room used for the
short-term lodging to the nearest exit from the dwelling or
manufactured home.
➢ Have one (1) designated off-street parking space available for
lodgers, which the Operator has the authority to reserve for
short-term lodging purposes.
o Special events, as defined in Part 101 of the Ordinance, are prohibited in
association with short-term lodging use.
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Frederick County Planning Commission Page 3914
Minutes of April 6, 2022
o No short-term lodging activity shall take place on the property until the
Department of Planning and Development has approved a short-term
lodging administrative permit for the use and the Commissioner of
Revenue has approved a business license for the use.
Mr. Klein concluded, the Development Review and Regulations Committee (DRRC)
discussed the proposed ordinance amendment at their March 25, 2022 meeting. The DRRC supported the
proposed and the item was sent forward to the Planning Commission. He noted this item is presented for
information and discussion.
The Planning Commission discussion focused on the appropriate number of parking
spaces that should be reserved for short-term lodging guests and how to best handle private shared
driveways/access easements. The Planning Commission recommended the Board of Supervisors consider
increasing the number of off-street parking spaces required to one (1) space per bedroom and requiring
the owners/operators of STL’s to obtain written consent of use of shared driveways from sharing parties.
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OTHER
Wyatt G. Pearson, Director, shared, the Opequon Crossing MDP has been approved and a
site plan for Bartonsville Solar has been submitted.
Cancelation of Regular Meeting
Chairman Jewell announced there were no pending items for the Planning Commission’s
April 20, 2022 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
Dawson to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously
passed. The meeting adjourned at 7:45 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: June 1, 2022
Agenda Section: Meeting Minutes
Title: May 4, 2022 Meeting Minutes
Attachments:
PC06-01-22MinutesMay4.pdf
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Frederick County Planning Commission Page 3915
Minutes of May 4, 2022
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 May 4, 2022.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek
District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Kathleen
Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Jason Aikens, Gainesboro District; Charles Markert, Red Bud District.
STAFF PRESENT: John A. Bishop, Assistant Director Transportation; M. Tyler Klein, Senior Planner;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the May 4, 2022 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join
in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Thomas and seconded by Commissioner Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Frederick County Planning Commission Page 3916
Minutes of May 4, 2022
COMMITTEES
Comprehensive Plans and Programs Committee – Mtg. 04/11/22
Mr. Bishop reported the Committee discussed the NELUP draft changes that were submitted by
the citizen committee and will forward to the Planning Commission and Board of Supervisors at a later
date once the draft has been finalized.
Frederick Water – Mtg. 04/19/22
Chairman Jewell reported, the Board authorized Eric Lawrence, Executive Director, to execute
the Service Agreement with Clarke County; it enables Frederick Water to provide water and sewer
services in Clarke County (Double Tollgate area). The agreement allows Frederick Water to extend
healthy, economical, efficient, and reliable water and sewer services and evolve as a regional water and
sewer service provider. This is a significant step towards the regionalization of Frederick Water. He also
noted, the Board discussed the proposed FY2023 Budget which is at 54.4 million and is scheduled for
Public Hearing on May 24, 2022.
City of Winchester – Mtg. 04/19/22
Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the
Commission approved a rezoning request for 441 Linden Drive and approved an ordinance amendment
pertaining to the area available for use in the primary and secondary downtown assessment districts.
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CITIZEN COMMENTS
Chairman Jewell 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 Jewell closed the public comments portion of the meeting.
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PUBLIC HEARING
Rezoning #02-22 for R&J Land Development, LLC submitted to rezone 1.444-acres from B3
(Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres
from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended
proffers. The properties are located northwest corner at intersection of Martinsburg Pike (Route
11) and Jeffs Way and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-
A-123C, 33-A-123D, and 33-A-123E in the Stonewall Magisterial District.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is an application to rezone 1.444 acres from
B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444 acres from
B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended proffers. This
rezoning application modifies approved land uses associated with Rezoning Application (REZ #01-06);
no other proffer amendments are proposed. He noted, the intended use of the proposed B2 zoned parcel is
a general merchandise store (Dollar General). Mr. Klein shared a Zoning Map and a Long Range Land
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Frederick County Planning Commission Page 3917
Minutes of May 4, 2022
Use Map of the property. Mr. Klein continued, this site is located within the Sewer and Water Service
Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan;
the Comprehensive Plan envisions this area of the County as “business.” He concluded, the site will have
commercial access from Jeff’s Way, as required by the approved REZ #01 -06 proffers; and there is no
potential traffic impact to the existing network.
Commissioner Orndoff requested clarification on the exact parcel on the map; Mr. Klein
shared the map and noted the parcel. Chairman Jewell asked if the entrance would be off of Jeff’s Way
and Mr. Klein noted that is correct. Commissioner Brannon commented the traffic outlined in this
application was very well done.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. No one came forward to speak and Chairman Jewell closed the public
comment portion of the hearing.
Upon a motion made by Commissioner Orndoff and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #02-22 for R&J Land Development, LLC submitted to rezone 1.444-acres from B3
(Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres from B3
(Industrial Transition) District to B3 (Industrial Transition) District with amended proffers. The
properties are located northwest corner at intersection of Martinsburg Pike (Route 11) and Jeffs Way and
are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D, and
33-A-123E in the Stonewall Magisterial District.
(Note: Commissioners Aikens and Markert were absent from the meeting)
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OTHER
John A. Bishop, Assistant Director Transportation, shared the DEQ storm water
regulation has been delayed until 2024. He also reported on the recent site plans and applications that
have been submitted to the Planning Department.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Orndoff adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:15 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
14
Planning Commission
Agenda Item Detail
Meeting Date: June 1, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #03-22 for Christina Boyer - (Mr. Cheran)
Attachments:
PC06-01-22CUP03-22_Redacted.pdf
15
CONDITIONAL USE PERMIT #03-22
CHRISTINA BOYER – DOG KENNEL, BOARDING
Staff Report for the Planning Commission
Prepared: May 18, 2022
Staff Contact: Mark 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: 06/01/22 Pending
Board of Supervisors: 07/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Christina Boyer for a dog kennel for
boarding. Should the Planning Commission find this application for a dog kennel with boarding
to be appropriate, Staff recommends that the following conditions be attached to the CUP.
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the boarding and training of dogs.
3. No more than six (6) dogs not owned by the applicant shall be permitted on the property at
any given time.
4. No employees shall be permitted with this CUP.
5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m.
7. Hours of operation for the public shall be 9:00 a.m. to 8:00 p.m.
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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Page 2
CUP #03-22, Christina Boyer
May 18, 2022
LOCATION: This property is located at 409 Brill Road, Star Tannery, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69-5-1-7
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: This application is for a dog kennel for boarding.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 603 (Brill Road), the VDOT facility
providing access to the property. The existing entrance, on Route 603, is adequate for the
proposed use. Should the use ever expand in the future, the entrance will need to be reviewed to
determine if additional improvements may be required.
Winchester-Frederick County Health Department: Please see the attached letter from Jim
Davis, Environmental Health Supervisor dated April 5, 2022.
Frederick County Fire and Rescue: Approved
Frederick County Inspections: A building permit is required for the CUP. Interior boarding of
less than 5 canines. Interior training for less than 5 canines. Buildings, none proposed at this
time, will be required to comply with The Virginia Building Code at the time of construction.
Future exterior building structures may require a permit. Public restroom facilities shall be
provided in new facility.
Frederick County Public Works: We offer no comments at this time.
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Page 3
CUP #03-22, Christina Boyer
May 18, 2022
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 5.00 +/-
acre parcel; surrounded by properties that are zoned RA. The Comprehensive Plan of Frederick
County provides guidance when considering any land use actions. This property is located
within the Senseny Eastern Frederick County Long Range Land Use Plan; the area where this
property is located is outside the UDA and SWSA and is intended to remain rural in nature. It
appears that this CUP meets the intent of the goals of the Comprehensive Plan of Frederick
County.
The Applicant proposes to board dogs within the residential for a daily rate. The dog training
will take place as a two (2) week camp with the dog staying within the residential dwelling. The
dog receives two (2) one-on-one formal training sessions per day. These training sessions will
be by appointment only. The pet setting has a three (3) dog’s maximum and is by drop-off and
pick-up by appointment only. The kennel operation is solely appointment based between the
hours of 9:00 am to 8:00 pm. There will be no employees with this kennel. There will be no add
buildings with this use. This kennel will be operated with in residential dwelling. The number of
clients will be no more than ten (10) per month.
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 to mitigate
negative impacts to adjoining residential properties. These standards include: all dogs are to be
confined within a secure structure and the installation of 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 1,000 feet to the west, 200 feet to the
north, 800 feet to the east and 104 feet to south from this proposed kennel. The southern property
is owned by the Applicant. The property of this kennel is surrounded by natural woodlands. This
kennel use will be conducted indoors and therefore meets the intent of the Zoning Ordinance. Per
the Zoning Ordinance, all dogs must be confined indoors, except for when they are walked or
exercised within the fenced area. Dogs will not be let outdoors prior to 8:00 a.m. and must be
confined indoors by 9:00 p.m.
STAFF CONCLUSIONS FOR THE 06/01/22 PLANNING COMMISSION MEETING:
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. This CUP is solely to enable the boarding and training of dogs.
3. No more than six (6) dogs not owned by the applicant shall be permitted on the property at
any given time.
18
Page 4
CUP #03-22, Christina Boyer
May 18, 2022
4. No employees shall be permitted with this CUP.
5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m.
7. Hours of operation for the public shall be 9:00 a.m. to 8:00 p.m.
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.
19
69 5 1 7
450BRILL RD
501BRILL RD
451BRILL RD
221TANNERYHILLS LN
431BRILL RD
220TANNERYHILLS LN
391BRILL RD
315BRILL RD
287BRILL RD
255BRILL RD
BRILL RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 9, 2022
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69 5 1 7
450BRILL RD
501BRILL RD
451BRILL RD
221TANNERYHILLS LN
431BRILL RD
220TANNERYHILLS LN
391BRILL RD
315BRILL RD
287BRILL RD
255BRILL RD
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Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 9, 2022
Star Tannery
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CUP # 03 - 22: Christina BoyerPIN: 69 - 5 - 1 - 7Dog Boarding KennelLocation Map
CUP #03-22
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Planning Commission
Agenda Item Detail
Meeting Date: June 1, 2022
Agenda Section: Public Hearings
Title: Draft Update of the 2022-2023 Frederick County Interstate, Primary, and
Secondary Road Improvement Plans - (Mr. Bishop)
Attachments:
PC06-01-22InterstatePrimarySecondaryRoadPlan.pdf
34
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
TO: Frederick County Planning Commission
FROM: John A. Bishop, AICP, Assistant Director - Transportation
RE: Update of the Interstate, Primary, and Secondary Road Plans
DATE: May 24, 2022
This is a public hearing item to consider the update of the 2022 – 2023 Interstate,
Primary, and Secondary Road Improvement Plans.
Summary of Changes:
Interstate Plan Updates are as follows:
1. Addition of Exits 321 and 323 to the priority list.
2. Exit 313 moved from number 1 to number 3 on the interchange improvements list
in recognition of coming improvements and safety concerns on Exits 317 and
307.
3. Additional language added to emphasize the importance of Route 37 and that
improvements in the vicinity of future Route 37 need to consider and
accommodate that facility.
Primary Plan Updates are as follows:
1. Typo correction for Route 277 Phase 3.
Secondary Plan Updates are as follows:
1. Update Major road improvements list to reflect current activities.
2. Update Advertisement years for projects on the scheduled list. No new projects
were added to the scheduled list.
3. Add asterisk and explanation to note that unscheduled projects with traffic counts
of less than 50 vehicles per day will not be able to be upgraded until the traffic
count is 50 or more.
MEMORANDUM
35
The Transportation Committee reviewed this item on May 23, 2022, and has
recommended approval to the Board of Supervisors. Staff is seeking a recommendation
from the Planning Commission to the Board of Supervisors on the plans.
Attachments
JAB/pd
36
2022/23-2027/28
INTERSTATE ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/23/22
Frederick County Planning Commission:
Frederick County Board of Supervisors:
37
I-81 Improvements:
Provide additional travel lanes on the main line, evaluate collector-distributor lanes
adjacent to the main line, modifications to existing interchange areas, and develop new
interchange areas and bridge crossings of the main line as recommended by the WinFred
MPO Long Range Plan.
In addition, as the State continues to work toward an ultimate plan for the I-81 widening,
the County of Frederick continues to support the study of Eastern Route 37 as a potential
corridor on new location as an alternative for that effort.
All projects in the vicinity of future I-81 connections for Route 37 should be scoped to
consider that project to prevent conflicting improvements and make sure to accommodate
that future connection.
Moreover, the County of Frederick supports exploration of the potential for rail
transportation as a component of the Interstate 81 Corridor improvements.
Interchange Priorities
1. Exit 317 – Interchange Upgrade and Redbud Road realignment to accommodate
interchange upgrade. Improvements to bridges and the north end of the
interchange should work to accommodate the future Route 37 north connection.
2. Exit 307 – Safety and capacity improvements to the existing facility while
continuing to promote the future relocation further south to the South Frederick
Parkway.
3. Exit 313 - Bridge reconstruction, safety improvements, and capacity expansion.
4. Exit 323 – Interchange Upgrade
5. Exit 310 - Phase 2 of the FHWA approved interchange modifications.
6. Exit 307 – Interchange Relocation
7. Exit 321 – Upgrade to split interchange between Hopewell Rd and Cedar Hill Rd
Interstate Widening Priorities
1. Widen I-81 from Route 50/17 Exit 313 to Route 11 Exit 317
2. Widen I-81 from Route 277 Exit 307 to Route 50/17 Exit 313. This should
include the relocation of Exit 307.
3. Widen I-81 in Frederick County from Route 11 Exit 317 to the West Virginia
State line
38
4. Widen I-81 in Frederick County from Route 277 Exit 307 to the Warren County
Line in the South
Intelligent Transportation Systems and Incident Management
1. Increase of VDOT safety patrols.
2. Implement more variable message signs along the I-81 corridor and approaches.
39
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Winchester
Middletown
StephensCity
0 2.5 51.25 Miles
2022 - 2023Interstate Ro adImprovement Plan
Widening Priorities
Priority 2Widen I-81 fromExit 307 to Exit 313
Priority 1Widen I-81 fromExit 313 to Exit 317
Widen Remainder of I-81 SouthPriority 4Widen Remainder of I-81 NorthPriority 3µ
Interchange ImprovementPriorities
Priority 4
!(Exit 323 Interchange Upgrade
Exit 310 Phase II of theInterchange Upgrade
Priority 5
!(
Exit 321 Upgrade to SplitInterchange
Priority 7
!(
Exit 307 Ramp Relocation
Priority 6
!(
Priority 1
!(Exit 317 Interchange Upgradeand Redbud Rd Realignment toAccomodate InterchangeUpgradePriority 2
!(Exit 307 Safety and CapacityImprovements to Existing Locationand Promote Future Realignment
Exit 313 Bridge Reconstruction,Safety Improvements, andCapacity Expansion
Priority 3
!(
40
2022/23-2027/28
PRIMARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 05/23/22
Frederick County Planning Commission:
Frederick County Board of Supervisors:
41
All upgrades to primary system roadways that are not limited access should include
implementation of access management principles to improve safety and efficiency wherever
possible.
1) Route 37 Bypass
A. Route 37 – Phase 1
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between existing Route 11 North and Route
7.
B. Route 37 - Phase 2
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate
I-81 to Front Royal Pike (Route 522 South).
C. Route 37 – Phase 3
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between Existing Route 37 around Stonewall
Industrial Park to Route 11 North.
D. Route 37 - Phase 4
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between Route 7 and Route 522.
2) Route 11 (North and South of Winchester)
A) Establish an Urban Divided Six Lane System:
From: Northern limits of the City of Winchester
To: Intersection of Cedar Hill Road
B) Establish an Urban Divided Four Lane System:
From: Southern limits of the City of Winchester
To: Renaissance Drive
C) Establish an Urban Divided Four Lane System:
From: Intersection of Cedar Hill Road
To: West Virginia line
3) Route 37 Slip Ramps to Lenoir Drive
Construct Ramps to allow traffic to enter and exit the southbound side of Route 37 from
Lenoir Drive.
42
4) Route 277 (East of Stephens City)
Upgrade of the overall corridor to a 4-lane divided system with improved access
management and bicycle and pedestrian facilities.
A) Establish an Urban Divided Four Lane System:
From: Double Church Road
To: Warrior Drive
B) Establish an Urban Divided Four Lane System:
From: Warrior Drive
To: White Oak Road
C) Establish an Urban Divided Four Lane System:
From: White Oak Road
To: Route 522
5) Route 7 – Establish a 6 Lane Cross Section:
From: Exit 315 Interchange
To: Future Route 37 Interchange
6) Route 50 East and West
A) Establish a 6 Lane Cross Section:
From: The Interchange at Exit 313
To: The Future Route 37 Interchange
B) Establish a 6 Lane Cross Section:
From: The Interchange with Route 37
To: Poorhouse Road
7) South Frederick County Parkway:
From: Relocated Exit 307
To: Intersection with Route 277 approximately 1 mile west of the intersection of
Route 277 and Route 522
This is a new planned roadway with limited access points serving a mixture of
predominantly commercial and industrial development.
There is a need to study this project in conjunction with the Exit 307 relocation and
planning for Route 277 improvements noted in item 3.
43
Phasing of this project is not yet clearly defined; however general phasing would be from
West to East with the clear first phase being from relocated Exit 307 to Warrior Drive.
8) Route 522 and Costello Drive
Add additional left turn lane capacity on Route 522 southbound for turns onto Costello
Drive.
9) Commuter Park and Ride Lots
Determine appropriate locations for park and ride facilities at other strategic locations
within the County’s Urban Development Area. For Park and Ride locations in Frederick
County, the primary goal should be that they are situated in such a manner that they reduce
traffic in Frederick County in addition to adjacent localities and ideally strengthen
SmartScale applications.
44
2A
2B
2C
1A
1B
1D
1C
3
5
4A
6A
6B
4B
4C
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Winchester
Stephens City
2022 - 2023Primary RoadImprovementPlan
0 1 20.5 Miles
Route 37 Bypass Phases
Priority 1A
Priority 1B
Priority 1C
Priority 1D
Route 11 North & South
Priority 2A
Priority 2B
Priority 2C
Lenoir Drive/Route 37 Slip Ramps
Priority 3
Route 277 East of Stephens City
Priority 4A
Priority 4B
Priority 4C
Route 7
Priority 5
Route 50
Priority 6A
Priority 6B
South Frederick County Parkw ay
Priority 7
Route 522 & Costello Dr
!(Priority 8
Comm uter - Park & Ride Lots
!(Priority 9
2A
µ
45
2022/23-2027/28
SECONDARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/23/22
Frederick County Planning Commission:
Frederick County Board of Supervisors:
46
MAJOR ROAD IMPROVEMENT PROJECTS
2022/2023 through 2027/2028
Major road improvement projects command the reconstruction of hardsurfaced roads to enhance
public safety. Improvements required for road width, road alignment, road strength, and road
gradient are considered major road improvements projects.
ROUTE ROAD NAME FROM TO AVERAGE DAILY TRAFFIC COUNT DISTANCE MAGISTERIAL DISTRICT ESTIMATED COST ADVERTISEMENT DATE COMMENTS
661
Red Bud Road
.47 Mi
South
Route 11
Int.
Snowden
Bridge
Blvd.
2000
0.5 miles
ST
$2,000,000
2023
R/S
Funds
788
Renaissance
.24 Mi West
Route 11
Int. Shady Elm
Road
N/A
.18 miles
BC
$4,734,99
5
2021
R/S
Funds
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Winche ster
Stephens City Frede rick CountyMajor RoadImprovement Projects2022/2023 thru 2027/2028
0 1 20.5 Milesµ
1
1. Redbud Rd Realignment2. Renaissance Dr Phase II
2
48
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
2022/2023 through 2027/2028
Non-Hardsurface road improvement projects provide impervious resurfacing and reconstruction of
non-hardsurfaced secondary roads. Non-Hardsurface improvement projects are prioritized by an
objective rating system, which considers average daily traffic volumes; occupied structures;
physical road conditions including geometrics, drainage, and accident reports; school bus routing;
and the time that project requests have been on the Secondary Road Improvement Plan.
RANK ROUTE ROAD NAME FROM TO AVERAGE DAILY TRAFFIC COUNT DISTANCE MAGISTERIAL DISTRICT ESTIMATED COST ADVERTISEMENT DATE COMMENTS 1
677
Old Baltimore Road Route 677 Route 672
90
1.23
miles
GA
$270,000
2022
District Grant
Unpaved
Road
2
695
Middle Fork Road 522 WV
Line
50
.9 miles
GA
$238,500
2022
District Grant
Unpaved
Road
3
811
Timberlakes Lane 671 *671
280
0.30
miles
ST
$66,250
2022
District Grant
Unpaved
Road
4
644
East Parkins Mill Road
50 Clarke Co.
Line
200
0.81 miles
SH
$214,650
2023 District Grant
Unpaved
Road
5
733
Fletcher Road 50 707
170
1.3 miles
GA
$346,518
2024
District Grant
Unpaved
Road
6
612
Fishel Road 600 600
60
1.6 miles
BC
$408,000
2025
District Grant
Unpaved
Road
7
636
Canterburg Road 640 641
140
1.5 mile
OP
$382,500
2025
District Grant
Unpaved
Road
*NOTE: Projects are placed on the scheduled list based upon VDOT revenue projections. Changes to those projections can lead to
projects being delayed or removed from the scheduled list.
49
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Winche ster
Middletown
Stephens City
Frede rick CountyNon-Hardsurfaced RoadImprovement Projects2022/2023 thru 2027/2028
µ
0 4 82 Mi les
1. Old Baltimore R d
2. Middle Fork Rd
3. Tim berlakes Ln
4. East Parkins Mill Rd
5. Fletcher Rd
6. Fishel Rd
7. Canterburg Rd
1
2
3
4
5
6
7
50
UNSCHEDULED
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
2022/2023 through 2027/2028
RANK ROAD NAME ROUTE FROM TO AVERAGE DAILY TRAFFIC COUNT DISTANCE (MILES) MAGISTERIAL DISTRICT RATING COMMENTS 1 Clark Rd 638 625 759 140 0.8 BC 69.94
2 South Timber Ridge Rd 696 522 694 220 1.3 GA 65.58
3 Heishman Rd 607 600 600 60 0.78 BC 65.37
4 Glaize Orchard Rd 682 608 654 240 1.54 GA 64.22
5 Ruebuck Rd 670 669 End of maintenance 160 0.35 ST 63.00
6 Hunting Ridge Rd 608 682 681 90 2.44 GA 62.01
7 Grace Church Rd 668 667 671 210 1.35 ST 61.20
8 Cougill Rd 634 635 11 120 0.25 BC 61.00
9 Huttle Rd 636 709 735 160 1.1 OP 60.05
10* Light Rd 685 600 681 40 1.3 GA 58.46
11 Cattail Rd 731 608 654 100 1.7 GA 58.24
12 McDonald Rd 616 608 .44 N. of 608 90 0.45 BC 54.33
13 Shockeysville Rd 671 690 .90 miles west of 690 80 0.9 GA 53.67
14 Mount Olive Rd 615 50 Hammack Lane 120 0.37 BC 52.00
15 Gardners Rd 700 127 701 80 1 GA 51.50
16 Mt. Williams Lane 612 608 End of maintenance 60 1.0 BC 44.00
17 Knob Road 752 Route 50 705 60 2.7 BC 43.40
18* New Hope Road 699 522 Timber Ridge School 40 2.35 GA 42.44
19 Mount Olive Rd 615 Hammack Lane 600 120 0.4 BC 41.00
Note: Project ratings are updated only when funding is available to promote projects to the scheduled
list.
*Indicated that a roadway doesn’t currently have sufficient traffic count to qualify for state funds. Trips
will have to increase to 50 per day prior to state funds being allocated.
51
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Middletown
Stephens City
SH AW NEE
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STONEW ALL
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OPEQUON
Frederick CountyUnscheduledNon-Hardsurfaced RoadImprovement Projects2022/2023 thru 2027/2028
µ
0 4 82 Miles
1. Clark R d
2. South Timber Ridge Rd
3. Heishman Ln
4. Glaize Orchard Rd
5. Ruebuck R d
6. Hunting R idge R d
7. Grace Church R d
8. Cougill Rd
9. Huttle Rd
10. Light Rd
11. Cattail Rd
12. McDonald R d
13. Shockeysville Rd
14. Mount Olive R d
15. Gardners R d
16. Mount Williams Ln
17. Knob Rd
18. N ew Hope R d
19. Mount Olive R d
10
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2
3
4
5
6
7
8 9
11
12
13
14
15
17
19
16
18
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Planning Commission
Agenda Item Detail
Meeting Date: June 1, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
60