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PC 06-01-22 Meeting MinutesFrederick County Planning Commission Page 3923 Minutes of June 1, 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 June 1, 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; Charles Markert, Red Bud District; Austin Cano, Assistant County Attorney. ABSENT: Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the June 1, 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 Manuel the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the minutes from the April 6, 2022 and May 4, 2022 meetings. ------------- Frederick County Planning Commission Page 3924 Minutes of June 1, 2022 COMMITTEES Frederick Water – Mt. 05/24/22 Chairman Jewell reported, the Board held their annual election of officers. The Board also held a Public Hearing to receive comment on the proposed rate adjustments; the proposed rate adjustment was adopted, which effects sewer base fees and consumption rates applicable to all water and sewer customers. The rate adjustments are necessary to cover increasing chemical and electrical costs associated with treatment and conveyance and maintain rates in respect of inflation . The Board adopted the $54.4M budget for FY2022-23 which funds Operations, Debt, and Capital Projects. Chairman Jewell shared the operations report for April. City of Winchester – Mtg. 05/17/22 Commissioner Burnett, Winchester City Planning Commission Liaison, reported the Commission recommended approval of a CUP to convert ground floor nonresidential use to residential use at 208 S. Loudoun St.; an ordinance to rezone 2.59 acres at 1570 commerce Street was tabled for one month; and a site plan greenspace waiver and administrative authorization for 186 N. Loudoun Street was approved. Board of Supervisors – Mtg. 05/25/22 Supervisor Ludwig reported the Board of Supervisors sent back for further study the short-term lodging. They are also discussing the private ownership of chickens. ------------- 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. ------------- PUBLIC HEARING Conditional Use Permit #03-20 for Christina Boyer 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. Action – Recommend Postponement to 6/15/22 Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a Conditional Use Permit (CUP) to allow for the operation of a kennel. The property is located at 409 Brill Road in the Back Creek Magisterial District with Property Identification Number 69-5-1-7 and is in the Rural Areas (RA) Zoning District. He shared a location map of the property. Mr. Cheran explained, a kennel is allowed within the RA (Rural Areas) with an approved CUP. The Zoning Ordinance (§165- 101.02) Kennel: A lace prepared to house, board, breed, handle, or otherwise c are for dogs for sale or in Frederick County Planning Commission Page 3925 Minutes of June 1, 2022 return for compensation. One litter of dogs of breeding for compensation per household per year shall not be defined as a kennel and will be considered a home occupation. The Zoning Ordinance (§165-204.10 Kennels – Additional Regulations for Specific Uses: A. All dogs shall be confined to secure pens or structures. B. Category C separation buffers and screens shall be provided in relation to surrounding properties containing residential uses. Mr. Cheran shared, should the Planning Commission find this application to be appropriate, Staff would recommend the following conditions be assigned to this 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) digs 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 to create a nuisance to any adjoining properties by roaming fee 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 9:00 p.m. 8. Any expansion or change of use will require the approval of a new CUP. Mr. Cheran noted the change in hours of operations from what is in the staff report. He concluded, the Applicant intends to conduct this use as follows: • This proposed use will take place within the residential dwelling. There will be no more than three (3) dogs for boarding. The pick-up and drop-off of dogs is by appointment only. • This use will have dog training that will be by appointment only for a two (2) week camp and receiving two (2) one-on-one training sessions per day. • This proposed use is by appointment only with hours of operations for 9:00 a.m. to 8:00 p.m. • There will be no employees with this use. • The number of clients will be no more than ten (10) per month. • This kennel will be operated within the residential dwelling. Commissioner Thomas commented on the number of positive comments that were received, however none of them shared their address; he asked do any of them live nearby. Mr. Cheran stated he does now the address of the individuals who commented. Commissioner Kerns asked if a complaint was received for a noise nuisance who would determine if that were the case. Mr. Cheran noted, it would be the Zoning Administrator. Regarding the information provided by Frederick County Inspections Department, it states the interior of the home can have boarding of five (5) or less dogs however the conditions say six (6). Mr. Cheran explained, the Applicant will have a total of 3 dogs that can be boarded at one time, she also wants to do training so the number six (6) would give a little room for dogs that are being trained to be dropped off and picked up should the time overlap. Commissioner Thomas asked why the hours were changed to 9:00 a.m. to 9:00 p.m. Mr. Cheran explained, they were changed to be consistent with previous kennel operations and it only applies to the CUP and not the Applicants personal dogs. Commissioner Kozel asked if there is fencing and if it is required. Mr. Cheran Frederick County Planning Commission Page 3926 Minutes of June 1, 2022 stated it is not required and he will let the Applicant explain her fencing. Commissioner Triplett requested clarification, this application is not limiting the number of personal dogs she may have just the number that will be boarded and trained. Mr. Cheran stated that is correct. Ms. Christina Boyer, the Applicant came forward to address questions and concerns. Commissioner Brannon asked if there will be breeding of dogs on the property. Ms. Boyer commented yes, she has a business license for the hobby breeding which she has had for six years. She added the pet sitting and training to broaden the services she can offer. Commissioner Brannon asked if the breeding is of her personal pets. Ms. Boyer commented that is correct and it is one litter a year. Ms. Boyer explained the fencing of the property; she has a fenced area, and she is in the process of fencing in her front yard as well. She noted, during pet sitting and training the dogs are not let out alone, they are taken on a leash. Commissioner Brannon inquired if there are specific types of dogs to be training. Ms. Boyer commented no, it is a case by case scenario; dogs that have aggression issues are not taken and she generally works with general obedience. Commissioner Brumback asked how long the training typically takes. Ms. Boyer stated the training camp is two weeks and she can do additional weeks if needed. She noted, the pet sitting is a minimum of two days and 2 nights stay. Commissioner Brumback asked for clarification on the number of dogs. Ms. Boyer explained, she can only board three dogs at a times and for training camp it is only one dog at a time and the training dog is included in that total number of three. Chairman Jewell requested clarification on the breeding of dogs taking place. Ms. Boyer explained, she has fourteen personal dogs; she has males, a few females that are spayed and a couple females that are able to be bred but they are not done every time they come in heat. She noted, she carries a dog license with Frederick County for each of her personal dogs. Chairman Jewell noted, concern was raised regarding the posting of the Public Hearing signs. Ms. Boyer commented, the sign is posted, and she has taken pictures of them on the property. 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 Thomas and seconded by Commissioner Triplett to postpone this item to the next Planning Commission meeting on June 15, 2022 BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend postponement to the Planning Commission meeting on June 15, 2022 of Conditional Use Permit #03-20 for Christina Boyer 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. (Note: Commissioner Aikens was absent from the meeting) Draft Update of the 2022-2023 Frederick County Interstate, Primary, and Secondary Road Improvement Plans. The Primary and Interstate Road Improvements 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 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 Frederick County Planning Commission Page 3927 Minutes of June 1, 2022 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 for Frederick County and on the Secondary System Construction Budget for Fiscal Year 2023. Action – Recommend Approval John A. Bishop, Assistant Director, presented an overview of this item to consider the update of the 2022-2023 Interstate, Primary, and Secondary Road Improvement Plans. 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 301 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. Commissioner Brumback asked if rankings for non-surface roads are done by Staff or VDOT. Mr. Bishop stated the rankings are done by Staff. Commissioner Thomas inquired if electric charging stations in the park and ride lots have been considered. Mr. Bishop commented that is something that is taking place; how soon we will see it in Frederick County is hard to say. Commissioner Orndoff asked regarding the Route 37 bypass, which one is likely to be done first. Mr. Bishop stated that is hard to say but most likely it will be one of the two top priorities; the gravest need seems to be the top priority of Route 7 to Route 11. Chairman Jewell commended Mr. Bishop on his transportation efforts. Supervisor Ludwig asked if the City of Winchester has any input on these rankings. Mr. Bishop explained they do not, it is sole Frederick County but Frederick County, the City of Winchester, and Stephens City all participate in the Winchester Frederick Metropolitan Planning Organization. Upon a motion made by Commissioner Thomas and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the Draft Update of the 2022-2023 Frederick County Interstate, Primary, and Secondary Road Improvement Plans. (Note: Commissioner Aikens was absent from the meeting) Frederick County Planning Commission Page 3928 Minutes of June 1, 2022 OTHER Wyatt G. Pearson, Director, reported the Planning Department has received a rezoning application for Fruit Hill; this is at Exit 323/Rest Church Rd., and is 220 acres (190 acres to M1 for warehousing, 20 acres to OM for a data center, and 10 acres to B2 for a hotel and restaurant). He concluded, he would like to announce that John Biship is the Assistant Director of Planning. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 7:50 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary