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PC 06-15-22 Meeting Minutes Frederick County Planning Commission Page 3929 Minutes of June 15, 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 15, 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; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Jason Aikens, Gainesboro District; Kathleen Dawson, Red Bud District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Charles E. Triplett, Gainesboro District; H. Paige Manuel, Shawnee District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the June 15, 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 Thomas and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the minutes from the May 18, 2022 meeting. ------------- Frederick County Planning Commission Page 3930 Minutes of June 15, 2022 COMMITTEES City of Winchester Commissioner Burnett, Winchester City Planning Commission Liaison, reported the Commission tabled an Ordinance to rezoning three acres on Commerce Street . She continued they are going to hear an Ordinance to conditionally rezone approximately eleven acres around Fairmont Avenue, Wick Street, and Braddock Street to change from limited industrial district to high density residential for a planned unit development and approximately 262 apartments and townhouses. Board of Supervisors Supervisor Ludwig reported the Board of Supervisors approved four out of seven items of the school budget. He continued, an ordinance for backyard chickens is being returned to the Planning Commission for a public hearing and they heard a proffer modification for Snowden Bridge Station. ------------- 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 #03-22 for Christina Boyer – continuation of the Public Hearing from the June 1, 2022 meeting. Submitted for a dog kennel/boarding use. 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. (APPENDIX 1) Action – Recommend Approval 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 and is zoned RA (Rural Areas). He shared a location map of the property. Mr. Cheran explained, a kennel is allowed within the RA (Rural Areas). The Zoning Ordinance (§165-101.02) Kennel: A place prepared to house, board, breed, handle, or otherwise care for dogs for sale or in 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. Mr. Cheran noted, Zoning Ordinance (§165-204.10) Kennels and 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 Frederick County Planning Commission Page 3931 Minutes of June 15, 2022 Mr. Cheran reviewed how the Applicant intends to conduct this proposed Conditional Use Permit (CUP): • This proposed use will take place within the residential dwelling. There shall 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 of 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. Mr. Cheran concluded, 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) 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 to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs mut 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, there were e-comments sent in that were forwarded to the Planning Commissioners today. Commissioner Thomas asked if Staff could tell if most of the e -comments are neighbors or customers. Mr. Cheran stated not at this time and Staff is working to have that addressed. Ms. Christina Boyer, the Applicant, came forward to answer questions and address concerns. Commissioner Brannon asked what the business is. Ms. Boyer read a statement explaining her business. She noted she has had her business license since 2016; in 2018 she created the pet sitting and pet training to add to her business portfolio. She continued to explain what brought her to applying for this CUP. Ms. Boyer commented she received correspondence from Supervisor Graber stating there was a lady from the Planning Commission wanting to tour her pr operty; she was unable to accommodate the date and time requested. She requested the party’s information from Supervisor Graber so she could speak to them directly and schedule a tour and address their concerns. Ms. Boyer noted to this date she has not received the information requested. She explained why the 9:00 p.m. time was chosen as the business cutoff time; she assumed this time was chosen to follow the noise ordinance for Frederick County. Ms. Boyer addressed noise concerns and how they would be enforced; any complaints should be sent to the Sheriff’s Office for their enforcement. In regards to the e-comments, she noted, the online system asks each person for their address and magisterial district when making an account to submit any comments. She presented a copy of her original application submitted to the Planning Department which has a petition that is signed by 14 neighbors on Brill Road which states they do not have any issues with the business continuing. Frederick County Planning Commission Page 3932 Minutes of June 15, 2022 Commissioner Brannon read the definition of a kennel “A kennel is a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation.” Ms. Boyer state she is allowed to do hobby breeding which is one litter per year, and she has her personal animals all licensed with Frederick County. Commissioner Brannon shared her concern with traffic on Brill Road; she noted, a neighbor has a sign in their driveway stating he is not the dog business. She asked about the Facebook page that states she does dog rescue. Ms. Boyer explained the dog rescue is when a family has one of her puppies and has decided to rehome the dog; she asks for the first right to find the dog a new home, so it does not end up in the shelter system. Commissioner Brannon asked if she is compensated for the rehoming of the dog. Ms. Boyer stated no, she gets compensated for the breeding. Commissioner Brannon inquired about the number of dogs involved in the breeding. Ms. Boyer explained, the CUP and the business license for breeding are two separate things; if the CUP is denied the business license for hobby breeding will continue and her personal animals will continue to be on her property. Commissioner Brannon stated she is trying to determine that the CUP applied for actually represents the business that the Applicant is running. She asked how the rehoming process works. Ms. Boyer explained, the current owner reaches out to her if they can no longer care for the dog; they request help in finding the dog a new home. She stated she networks the dog, then she sets up a meet and greet for the families. Commissioner Aikens requested clarification, is the rehoming dog part of the three dog total limit? He continued, the CUP says no more than six dogs not owned by the Applicant shall be permitted on the property at any given time. He noted, if Ms. Boyer is abiding by what is outlined and as long as her CUP does not exceed six dogs, she should be allowed to do as described in the CUP. Mr. Cheran commented that is correct. Ms. Boyer commented a rehoming dog would be included in the total number of dogs allowed. Commissioner Thomas asked is her intent is to not have dogs running loose on the property. Ms. Boyer explained, she has a run area for her own dogs already set up. She is fencing in the front yard and right now she uses a 50’ leash and does not let the dogs run loose that she cares for. Commissioner Thomas inquired about the dog grooming. Ms. Boyer stated there is not a separate grooming business, it is just an add on for a dog she may be training or pet sitting. Commissioner Thomas noted the CUP is for 409 Brill Road; he noticed she is part owner of 431 Brill Road and there could not be any dog training at 431. Ms. Boyer commented her residence is 409 Brill Road and all the dogs would be there. She noted, the Zoning Administrator explained early in the process this CUP is for 409 only and if any change would occur, she would have to reapply. Commissioner Thomas noted regarding Ms. Boyer referencing a noise ordinance; he clarified this is a rural area and there is not a noise ordinance. Chairman Jewell requested clarification on the number of personal dogs on the property and do they stay pinned up at night. Ms. Boyer responded there are a total of fourteen and they are all pinned up inside at night in the house or in the building on the property. Chairman Jewell stated there is the potential of having twenty dogs. Ms. Boyer stated that is correct and she has had that many there before and there have not been any complaints that she is aware of. She referenced the signed petition again. Commissioner Thomas asked if personal dogs roam on both properties. Ms. Boyer responded no, they do not roam free. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Supervisor Graber came forward and shared his concerns. He stated regarding the e- comments sent in, he has done some research and the four e-comments are not direct neighbors of this property; the two letters received from Mrs. Link and Mrs. Monk are direct property owners. He continued, the neighbor at 450 Brill Road stated to him that he did not want to proceed forward with the petition that he signed. Supervisor Graber commented, speaking as a neighbor, think about fourteen dogs Frederick County Planning Commission Page 3933 Minutes of June 15, 2022 and adding six more. He has received multiple complaints and he has tried to keep the peace. He stated he does hear dogs barking and traffic on the road is a concern. He concluded, he asked Staff what the business license was for in 2016 and was told off-site grooming. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas requested that all e-comments, letters, and the petition be included with the official minutes of this meeting. He stated he appreciates the Applicants enthusiasm for her own pets and the pets of others, and we do not limit the number of personal pets one can have. Mr. Cheran stated that is correct we do not limit. Commissioner Thomas stated we are not going to be able to tell how many dogs are on the property and that would be hard to enforce. He noted we cannot do anything about dogs barking as there is no noise ordinance and he cannot find any reason legally that we can turn this down. Commissioner Aikens agreed with Commissioner Thomas, and that we need to be paying strict attention to the CUP as presented. Commissioner Brannon stated she does not understand the law and what falls under this CUP. Mr. Cheran commented, the CUP is what needs to be considered and not the Applicants number of personal dogs. Commissioner Brumback asked if Staff has received any noise complaints. Mr. Charan stated not that he is aware of. Ms. Boyer shared a video tour of her home and of the outside showing her operation. Chairman Jewell gave an overview of the discussion. Upon a motion made by Commissioner Brannon and seconded by Commissioner Brumback BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval 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 Triplett and Commissioner Manuel were absent from the meeting) Rezoning #03-22 for One Logistics Park, L.P. submitted to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with proffers. The property is located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538), and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-83B. Action – Recommend Approval John A. Bishop, Assistant Director, reported this is an application to rezone 3.16 acres from R4 (Residential Planned Community) to M1 (Light Industrial) with proffers. The property is located approximately one mile east of I-81on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive. He shared a location map of the property as well as an image of the Generalized Development Plan. Mr. Bishop continued, this application proposes to adopt the proffers of the surrounding One Logistics Park from rezoning 01-21 which rezoned the surrounding 277.16 acres to 264.7 acres of M1 and 12.5 acres of B2. He noted, by adopting these proffers, the subject application allows no additional changes to the transportation network, no additional square footage of development, and as a result no additional trips. Mr. Bishop explained, the requested zoning is generally inconsistent with the comprehensive plan in its current form but, is consistent with the proposal approved as part of rezoning Frederick County Planning Commission Page 3934 Minutes of June 15, 2022 01-21. In addition, the property is within the airport support area which discourages residential development. Randy Minchew of Walsh Colucci Lubeley & Walsh, representing the Applicant came forward and explained how the application has changed. 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 Kozel and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #03-22 for One Logistics Park, L.P. submitted to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with proffers. The property is located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Ro ute 1538), and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-83B. (Note: Commissioner Triplett and Commissioner Manuel were absent from the meeting) Conditional Use Permit #04-22 for Justin Boyce submitted for the establishment of a slaughterhouse on 110.89+/- acres of RA (Rural Areas) zoned property. The subject property is located at 160 Flickertail Lane, Star Tanner, Virginia and is identified with Property Identification Number 69-A-50 in the Back Creek Magisterial District. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a Conditional Use Permit (CUP) for the establishment of a slaughterhouse (commercial) on 110.89+/- acres of RA (Rural Areas) zoned property. He shared a location map of the property. Mr. Klein continued, this application proposed a 4,800 square foot (SF = 60-feet by 80-feet) commercial slaughterhouse facility (structure) to process up to 50 animals per week. The Applicant also proposed three (3) 10-ft by 10-ft freestanding freezer units next to the mail facility. He noted, existing and proposed access to the site is provided from Richard Lane (Route 790) via a private driveway (Flickertail Lane). The application does not propose any improvements to the private driveway or connection to Richards Lane. Mr. Klein concluded, Staff recommends to the following conditions for this CUP: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered minor 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 the use. The site plan shall address additional regulations for specific uses outlined in §165-204.17 of the Frederick County Zoning Ordinance. 3. The on-site commercial sale of meat and poultry is prohibited. 4. Any expansion or modification of this land use will require the approval of a new CUP. Frederick County Planning Commission Page 3935 Minutes of June 15, 2022 Mr. Klein shared, the Zoning Ordinance prescribes the following additional regulations for specific uses (§165-204.17): A. It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, unless such place or establishment is maintained and operated in a clean and sanitary manner at all times. B. The entrance of insects and rodents; the doors, windows and other openings thereof shall be fitted with screen doors and wire window screens of not coarser than fourteen-gauge mesh. C. The work “slaughterhouse”, as used in this section, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats, and fowl for their own family use. D. All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines. E. Total building(s) square footage should not exceed 20,000 square feet. F. All operations must be under roof and screened from view from adjoining properties and public streets. G. Additional buffering and screening may be required as specified by the Zoning Administrator. Commissioner Orndoff asked if Richards Lane is gravel and if that road would be wide enough for large trucks and equipment. Mr. Klein responded, it is gravel, and the width of the road will not be an issue. Mr. Justin Boyce, the Applicant, came forward to address questions and concerns. Commissioner Brannon requested Mr. Boyce explain how the carcasses will be handled. He explained, there will be a cold room to keep all rendering products. He noted there will also be a wastewater treatment system in place. Mr. Boyce commented, VDOT has approved the entrance and road leading to the farm; they have also had tractor trailers on the road many times. Commission er Kerns asked what type of livestock will be slaughtered. Mr. Boyce commented beef, lamb, and pork. Commissioner Brumback commented she visited the property, and this project sits right in the middle of the property; no one will be able to see the facility from any location. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Supervisor Graber came forward and commented regarding the carcasses. He stated he is in support of this application. Commissioner Kerns and Commissioner Thomas commented the need for this type of operation in Frederick County. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Upon a motion made by Commissioner Brumback and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #04-22 for Justin Boyce submitted for the establishment of a slaughterhouse on 110.89+/- acres of RA (Rural Areas) zoned property. The subject property is located at 160 Flickertail Lane, Star Tanner, Virginia and is identified with Property Identification Number 69-A-50 in the Back Creek Magisterial District. Frederick County Planning Commission Page 3936 Minutes of June 15, 2022 (Note: Commissioner Triplett and Commissioner Manuel were absent from the meeting) Conditional Use Permit #05-22 for SPBJJ, LLC submitted for the establishment of an indoor recreation facility. The subject property is located at 210 Fort Collier Road, Winchester, Virginia and is identified with Property Identification Number 54-A-81C in the Stonewall Magisterial District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported, this a request for a Conditional Use Permit (CUP) to allow a commercial indoor recreation facility. The property is located at 210 Fort Collier Road and is the Stonewall Magisterial District and is zoned M1 (Light Industrial). He shared a location map of the property. Mr. Cheran continued, this proposed use will be conducted within 5,000 SF space of the 16,000 SF building with access from Fort Collier Road (Route 1322). The use will be for a martial arts gym. He noted, the hours of operation will be from 6:00 a.m. to 10:00 a.m. and 5:00 p.m. to 9:00 p.m. daily. Weekend hours will be 10:00 a.m. to 1:00 p.m. He shared, this use will have nine (9) employees and the class size will be 15–30 students. Mr. Cheran concluded, Staff recommends the following conditions for this Conditional Use Permit: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation will be 6:00 a.m.–9:00 p.m. Monday-Friday and Saturday and Sunday 10:00 a.m.–1:00 p.m. 3. No more than nine (9) employees with this use. 4. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility. 5. Any expansion or change of use will require a new Conditional Use Permit. Mr. Cheran explained Condition #4 for the shared parking agreement; the Applicant will have to obtain a shared parking agreement before this application can be finalized. Commissioner Brumback asked if this has been completed yet and Mr. Cheran stated not yet, once the hours of operation are established then the Applicant can move forward with obtaining the shared parking agreement. Commissioner Orndoff asked if the 54 spaces are for the whole facility and this CUP will need approximately 20 of those. Mr. Cheran stated that is correct. Chairman Jewell asked if the same person owns all of the units. Mr. Cheran commented yes, and they are leased out. Chairman Jewell requested confirmation that if the Applicant wants to grow the business and needs more than nine employees, will he have to come back for a revised CUP. Mr. Pearson stated that is correct. William Potter, the Applicant, came forward and gave an overview of the business. He shared the plan for parking and described the class times and the number of employees and students during those times. Chairman Jewell asked if part of the lease depicts the number of parking spaces allotted for each unit. Mr. Potter stated the lease is very vague. Mr. Williams, County Attorney, clarified the shared parking agreement is with the adjoining business owner and not the landlord. Commissioner Brannon asked if restrictions have to be put on the number of employees. Commissioner Thomas commented the Applicant cannot expand unless they come back before the Planning Commission and the number of parking spaces is not for the Planning Commission to decide, it is for the Applicant and the adjoining property owners. Commissioner Brannon again asked why the number of employees is being restricted to nine. Chairman Jewell stated the numbers of employees was provided by the Applicant. Frederick County Planning Commission Page 3937 Minutes of June 15, 2022 Commissioner Aikens commented it is not the Planning Commissions job to dictate the Applicants business plan and he then asked the Applicant if he was satisfied with the conditions. Mr. Potter stated he would like to see the Saturday and Sunday hours changed. 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. Commissioner Thomas shared, he feels this is a good business and recommended the hours be changed to 6:00 a.m. to 9:00 p.m. Monday thru Sunday and to remove the condition for the number of employees. Mr. Pearson explained the original intension for the number of employees was to set the bounds for how they could work with the business owners to negotiate a shared parking agreement and it provides a firm setting for what they need in regards to parking. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Dawson with modified hours of operation of 6:00 a.m. to 9:00 p.m., Monday thru Sunday BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval Of Conditional Use Permit #05-22 for SPBJJ, LLC submitted for the establishment of an indoor recreation facility. The subject property is located at 210 Fort Collier Road, Winchester , Virginia and is identified with Property Identification Number 54-A-81C in the Stonewall Magisterial District. (Note: Commissioner Triplett and Commissioner Manuel were absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported the NELUP is up and active and he requested that everyone try to get the word out about this. He noted, there are no items for the July 6, 2022 Planning Commission meeting and it will be canceled. ------------- 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 Orndoff and unanimously passed. The meeting adjourned at 8:50 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary Frederick County Planning Commission Page 3938 Minutes of June 15, 2022 Planning Commission Meeting Minutes of June 15, 2022 = Appendix 1 Frederick County Planning Commission Page 3939 Minutes of June 15, 2022 Frederick County Planning Commission Page 3940 Minutes of June 15, 2022 Frederick County Planning Commission Page 3941 Minutes of June 15, 2022 Frederick County Planning Commission Page 3942 Minutes of June 15, 2022 Frederick County Planning Commission Page 3943 Minutes of June 15, 2022 Frederick County Planning Commission Page 3944 Minutes of June 15, 2022 Frederick County Planning Commission Page 3945 Minutes of June 15, 2022 Frederick County Planning Commission Page 3946 Minutes of June 15, 2022 Frederick County Planning Commission Page 3947 Minutes of June 15, 2022 Frederick County Planning Commission Page 3948 Minutes of June 15, 2022 Frederick County Planning Commission Page 3949 Minutes of June 15, 2022 Frederick County Planning Commission Page 3950 Minutes of June 15, 2022 Frederick County Planning Commission Page 3951 Minutes of June 15, 2022 Frederick County Planning Commission Page 3952 Minutes of June 15, 2022