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PC 10-19-22 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.September 7, 2022 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #09-22 for McKenzie's Doodles (James & Susan Brown) - (Mrs. Feltner) Submitted for a dog-kennel/breeding and relocated business approved with CUP #02- 15. The property is located at 1038 Hites Road, Middletown and is identified with Property Identification Number 84-A-34B in the Back Creek Magisterial District. 7.Action Item 7.A.Rezoning #09-22 for The Canyon, LC - (Mr. Klein) This is a proposed rezoning to amend the proffer statement approved with REZ #06-15 (Opequon Crossing). The proposed minor proffer amendment seeks to specify no "certificate of occupancy" shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector "spine" road. AGENDA PLANNING COMMISSION WEDNESDAY, OCTOBER 19, 2022 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC10-19-22MinutesSeptember7.pdf PC10-19-22CUP09-22_Redacted.pdf PC10-19-22REZ09-22_Redacted.pdf 1 8.Other 8.A.Parks and Recreation Presentation 8.B.Current Planning Applications 9.Adjourn 2 Planning Commission Agenda Item Detail Meeting Date: October 19, 2022 Agenda Section: Meeting Minutes Title: September 7, 2022 Meeting Minutes Attachments: PC10-19-22MinutesSeptember7.pdf 3 Frederick County Planning Commission Page 3963 Minutes of September 7, 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 September 7, 2022. PRESENT: John F. Jewell, Chairman; 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; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Justin Kerns, Stonewall District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the September 7, 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 a motion made by Commissioner Manuel and seconded by Commissioner Orndoff the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to move item 6.B to be presented before the Public Hearing items. ------------- 4 Frederick County Planning Commission Page 3964 Minutes of September 7, 2022 COMMITTEES City of Winchester – Mtg. 09/06/22 Commissioner Loring, Winchester City Planning Commission Liaison, reported a proposed rezoning of approximately 5-acres on National Avenue (old Smalt’s Florist) was discussed for a townhouse PUD. He highlighted a discussion was held regarding adjusting the PUD density bonus provisions and ordinance and will work through those in two (2) weeks at their regular session. Board of Supervisors Supervisor Ludwig reported, the Board of Supervisors remained unclear at their last meeting as to the best path forward regarding the STL ordinance; they do desire to get one in place as soon as possible. He continued, this does not represent a difference in position between the Supervisors but a general concern how best to balance the citizen rights. Both options were sent forward to the Planning Commission on tonight’s agenda with the goal of collecting Commissioner and citizen input to inform a final decision by the Board of Supervisors. He concluded, the Airport terminal supplemental appropriation was approved although it was amended to permit a ceiling of 2.5 million in debt rather than 5 million. ------------- 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. Jackie Scott of the Red Bud District came forward and made a request for walking and biking paths along Senseny Road. She noted, there currently is no public transportation for this area which leaves a lot of people isolated; there is only one County park in the area and only accessible by car unless you live in the immediate neighborhood. She concluded a walking and bike path could benefit the economic growth of the restaurants and shops in the area and she feels this would fit well into the long term plans already under way. No one else came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- VDOT District Planner, Brad Reed shared a presentation on the State’s approach to transportation planning and how it relates to the Planning Commission’s business. ------------- 5 Frederick County Planning Commission Page 3965 Minutes of September 7, 2022 PUBLIC HEARING Rezoning #06-22 Tasker Warrior Properties, LLC submitted to rezone 8.5+/- acres from B2 (General Business) District with proffers to B2 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank. The property is located at the southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a proposed rezoning to modify the proffer statement approved with rezoning application REZ #04-18, Tasker Road & Warrior Drive Commercial Properties LLC, approved February 13, 2019. He noted, specifically the proposal would amend the hours of operation to allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank on the 8.5-acre subject property. He shared a zoning map of the property. Mr. Bishop continued, the proposed rezoning (proffer amendment) while altering the hours of operation for financial institutions/banks does not change the zoning district (B2) or land uses and as such remains in conformance with the Comprehensive Plan. All other proffers associated with REZ #04-18, including restricted hours of operation for other uses remain unchanged. 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 Manuel and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #06-22 Tasker Warrior Properties, LLC submitted to rezone 8.5+/- acres from B2 (General Business) District with proffers to B2 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24- hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank. The property is located at the southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. (Note: Commissioner Thomas, Commissioner Molden, Commissioner Aikens, Commissioner Kerns, and Commissioner Markert were absent from the meeting) Ordinance Amendment – Short Term Lodging – the ordinance would amend Chapter 165 – Zoning Ordinance to add “short-term lodging (STL)” to the definitions section, provide additional regulations for short-term lodging, add the use as a permitted use to the RP (Residential Performance) and MH1 (Mobile Home Community) Zoning Districts, and add the use in the RA (Rural Areas) Zoning District as either (i) a permitted use in all of the RA Zoning District or (II) as a permitted use In the RA Zoning District if the STL operation has direct access to a state - maintained road and as conditional use in the RA Zoning District if the STL operations does not have direct access to a state-maintained road (with respect to the RA Zoning District, the Board will consider both options). 6 Frederick County Planning Commission Page 3966 Minutes of September 7, 2022 Action – No Recommendation Wyatt G. Pearson, Director, reported this is a proposed amendment to Chapter 165 – Zoning to add “short-term lodging (STL) to the definitions section, provide additional regulations for short-term lodging, and add the use to the RA (Rural Areas, RP (Residential Performance), and MH1 (Mobile Home Community) Zoning Districts. Mr. Pearson noted, as proposed, STL would be permitted in all residential dwelling types (single-family detached, townhomes, apartments, duplexes, mobile homes, etc.). He clarified, structures such as tents, recreational vehicles/campers, and other similar structures that do not meet the building code definition of “dwelling” would otherwise be prohibited from being used as short-term lodging units. Mr. Pearson explained, the Board of Supervisors sent two (2) scenario options forward for public hearing: • Scenario A: Short-term lodging would be allowed by-right for dwellings in the RA (Rural Areas), RP (Residential Performance), and MH1 (Mobile Home Community) Zoning Districts. • Scenario B: Short-term lodging would be allowed by-right for dwellings in the RP (Residential Performance), and MH1 (Mobile Home Community) Zoning Districts. Short-term lodging would be allowed by-right in the RA (Rural Areas) District only where access to the property is directly from a state roadway; short- term lodging would be allowed through an approved conditional use permit (CUP) for properties where access is from a private driveway. Mr. Pearson shared the proposal for Short-Term Lodging with potential changes highlighted dependent upon the two (2) scenarios: • (§165-101.02) Short-Term Lodging Short-term lodging (STL) is any occupancy of all or part of a dwelling or mobile home for a period of thirty (30) days or less. • (§165-204.35 Sort-Term Lodging Where permitted, short-term lodging shall meet the following requirements: A. The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where Uniform Statewide Building Code permits only a fewer number of occupants. B. No more than five (5) guestrooms are permitted for short-term lodging. C. The maximum number of rental contracts for a short-term lodging dwelling unit per night is one (1). All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract. D. A dwelling or manufactured home used for short-term lodging shall comply with the following standards: 7 Frederick County Planning Commission Page 3967 Minutes of September 7, 2022 1) 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. 2) Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service). 3) Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short- term lodging to the nearest exit from the dwelling or manufactured home. 4) Have at least two (2) designated off-street parking spaces available for lodgers, which the Operator has the authority to reserve for short-term lodging purposes. E. Special events, as defined in Part 101 of the Ordinance, are prohibited in association with short-term lodging use. F. 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. G. Short-term lodging operations, in the RA (Rural Areas) Zoning District, that share a private driveway with any other properties requires approval of a conditional use permit (CUP).* * Only would be included for Scenario B Mr. Pearson shared a map pointing out the current short-term lodging locations that are on private streets and public streets. He concluded, Staff is seeking a recommendation and comments from the Planning Commission to forward to the Board of Supervisors on this proposed ordinance amendment, and whether Scenario A or Scenario B is appropriate. Commissioner Triplett asked what is meant by short-term. Mr. Pearson responded it is considered 30 days or less. Commissioner Brannon for clarification on what the Board of Supervisors is requesting. Mr. Pearson explained, the Board is requesting a suggestion or recommendation on which scenario would be best suited for the Ordinance Amendment on Short-Term Lodging. Commissioner Brannon asked if the locations shown on the map presented are solely the ones Staff is aware of at this time. Mr. Pearson commented that is correct. Commissioner Manuel inquired if Lake Holiday would be affected. Mr. Pearson noted, Lake Holiday is zoned R5, and this ordinance amendment only pertains to the RA district. Chairman Jewell commented, this item is only looking at the RA district and with this ordinance it is intended to be a more streamlined system. Mr. Pearson explained, that is correct, currently the only definitions we can safely use are Bed & Breakfast or Rooming & Boarding House and both are problematic for what the current model of an Airbnb operation looks like; in that they indicated there is food service provided and staff on site to some extent. Commissioner Brannon asked if the owners would be home at the time it is rented. Mr. Pearson clarified, sometimes they are, however, the majority of the time they are not; sometimes the owners rent out a portion of the home and still reside on the premises and other times the entire home is considered the rental. Commissioner Brannon noted, will this be trading traffic trips or creating trips. 8 Frederick County Planning Commission Page 3968 Minutes of September 7, 2022 Mr. Pearson stated studies show STL generate less traffic than single family homes and it typically is not during peak hours. Commissioner Triplett asked if gated communities are considered private roads and Mr. Pearson commented that is correct. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Leslie Schotroffe of the Opequon District and a resident on Wayne’s Lane came forward to share her concerns with the current STL being on Wayne’s Lane. She feels the road was not designed for the extra traffic thus causing wear and tear. She continued, with the increased traffic and strangers coming and going, they no longer feel safe in their home. Mrs. Schotroffe explained, the road is a dead end, and the residents maintain the upkeep of the road. She requested the Planning Commission recommend Scenario B with attached conditions; the owner of the STL must have direct access from a state maintained road or the owner of the STL have a signed contract from all property owners on the road granting permission, and the owner of the STL pay to have the driveway paved and widened for safety reasons. Sue Case of the Opequon District and a resident of Wayne’s Lane came forward and shared her concerns with the wear and tear on the driveway; she noted, it is a one lane gravel private driveway. She continued, if two (2) vehicles meet, one must back up into someone’s driveway. She requests that all STL properties come off a state maintained road. She stated she would support Scenario B if there are specific conditions noted. Carl Achstetter of the Opequon District and the owner of the property on Wayne’s Lane that is the subject of the previous speakers. He shared, before he started the STL he visited with all homeowners on Wayne’s Lane to hear their concerns. He noted the main concern he heard was the increased traffic on the lane; after research he determined the STL would be a drastic decrease in traffic and trips per day. He calculated his family trips out of the property which was approximately 14 per day which is about 98 per week and when the property is note rented that is a huge decrease in traffic and trips on the lane. Mr. Achstetter explained, when guests arrive, they are given directions and made aware of the requested speed limit on the road, they are asked not to contact neighbors for any reason and are provided his phone number and his wife’s number if needed. He continued, there are five (5) additional families on Wayne’s Lane and over the course of three (3) months , three (3) families have said they are ok with the STL. He noted, the parcels on Wayne’s Lane are large and guests are given a diagram of the property; as hosts they are obligated to the safety and upkeep of their property. Michael Schotroffe of the Opequon District and a resident on Wayne’s Lane came forward and noted he maintains the driveway; he stated the owners of the STL do not assist with this. Angie Wooten of the Opequon District and the co-owner of the property being discussed stated, the road has always been one lane and she understands the concerns of the neighbors, however, the traffic has decreased. She noted, they do help maintain the road; there is a m aintenance agreement in place. She concluded, the Airbnb has been good for the rural areas and families have gotten creative; and the economic benefits to the County are large. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Brannon stated all private roads have a maintenance agreement and she does not feel it seems appropriate to single out the STL’s on private roads when other businesses are not; should leave as a by-right and she leans toward Scenario A. Commissioner Orndoff disagreed and stated 9 Frederick County Planning Commission Page 3969 Minutes of September 7, 2022 not all private roads have a maintenance agreement. He continued, when you buy property on a private road you know what you are getting into. He feels Scenario B is the only way to utilize this and move it along and allow the CUP to handle the rest. Commissioner Triplett commented private roads are a shared right-of-way and those involved need to work together to maintain. Commissioner Kozel inquired if it is recommended to go with Scenario B would every STL request have to submit a CUP application; concerned with how this affects the by-right. Chairman Jewell stated if it is in the RA and on a private road; there needs to be guidelines put in place and Scenario B gives a voice to those to share their concerns with the Planning Commission and the Bo ard of Supervisors and if it is by-right there is no choice. Commissioner Brannon shared she does not think if you live on a private road, you should be regulated and those on a state maintained road are not . Chairman Jewell commented he disagrees, he feels Scenario B is giving everyone a fair level playing field; and having the opportunity to come forward and express the good or bad is giving everyone a voice. Commissioner Brumback inquired how this will affect the cottage occupation. Mr. Pearson explained, prior to the code change that created the cottage occupation separately from the home occupation, everything came before the Planning Commission as a CUP; someone can still do a cottage occupation by CUP, but they are more intensive than home occupations. He continued, no they can get a by-right business license as long as no more than five (5) customer visits per day and meets other rules and regulations; as considering the concerns with traffic generation Staff did not think that by-right someone could operate a home occupation with five (5) customer trips per day which equates to ten (10) trips without any other regulations. Commissioner Dawson stated she agrees with Commissioner Brannon; and people have right-of-way that is on their deed and have a right to use it. She noted, CUPs are costly and problematic. Commissioner Orndoff stated the Planning Commission is not in the role to take homeowners rights away; when you by a piece of real estate that is serviced by a private road you are in a sense giving up certain rights and we are not taking anything away from people. Commissioner Triplett commented you are technically getting a right-of-way to your property, and you are not giving up anything. Commissioner Kozel stated if we require a CUP for a STL on a private road, would it make sense to apply this to everyone that operates a STL. Chairman Jewell stated that is currently how it would be and the point of the ordinance to set guidelines. Upon a motion made by Commissioner Brannon and seconded by Commissioner Dawson to approve Scenario A Yes: Brannon, Dawson, Kozel, Brumback No: Jewell, Orndoff, Triplett, Manuel Upon a motion made by Commissioner Orndoff and seconded by Commissioner Triplett to approve Scenario B Yes: Orndoff, Triplett, Jewell, Manuel No: Brannon, Dawson, Kozel, Brumback BE IT RESOLVED, the Frederick County Planning Commission does not send forward a favorable recommendation for Ordinance Amendment – Short Term Lodging – the ordinance would amend Chapter 165 – Zoning Ordinance to add “short-term lodging (STL)” to the definitions section, provide additional regulations for short-term lodging, add the use as a permitted use to the RP (Residential Performance) and MH1 (Mobile Home Community) Zoning Districts, and add the use in the RA (Rural Areas) Zoning District as either (i) a permitted use in all of the RA Zoning District or (II) as a permitt ed use In the RA Zoning District if the STL operation has direct access to a state-maintained road and as conditional use in 10 Frederick County Planning Commission Page 3970 Minutes of September 7, 2022 the RA Zoning District if the STL operations does not have direct access to a state-maintained road (with respect to the RA Zoning District, the Board will consider both options). (Note: Commissioner Thomas, Commissioner Molden, Commissioner Aikens, Commissioner Kerns, and Commissioner Markert were absent from the meeting) ------------- INFORMATION/DISCUSSION Rezoning #05-22 Greystone Properties proposal to amend the proffer statement approved with REZ #02-21 (Greystone Properties, LLC Age-Restricted). The proposed amendment seeks to replace the current text defining age-restricted with the language to align with the federal guidelines governing age-restricted housing more closely. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties (Back Creek District) remains unchanged. Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. John A. Bishop, Assistant Director, reported the proposed rezoning seeks to modify the proffer statement with REZ #02-21 (Greystone Properties, formerly Willow Run), to modify the definition of age-restricted. He noted, specifically, the minor proffer amendment would expand the current text defining age-restricted with the language more closely aligned with the federal guidelines governing age-restricted housing. Mr. Bishop shared a zoning map of the property. He explained, no other provisions in the approved proffer statement (zoning, transportation, or site access) are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties, approved with REZ #02-21, remains unchanged. Mr. Bishop presented the definition and guidelines of “Age Restricted” as defined in the zoning ordinance and in alignment with federal guidelines governing age restricted housing: A. Shall mean all occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and all other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant’s child of nineteen (19) years of age or older or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Notwithstanding this limitation (i) a person hired to provide live-in, long term, or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care, and (ii) guests under the age of fifty -five (55) shall be permitted for periods of time not to exceed sixty (60) total days in any calendar year. B. If title to any lot shall become vested in any person under fifty-five (55) years of age by reason of descent, distribution, foreclosure or operation of law, the age restriction set forth in this Section 1 shall not work a forfeiture or reversion of title, but rather such person thus taking title shall not be permitted to reside on 11 Frederick County Planning Commission Page 3971 Minutes of September 7, 2022 such lot until such person shall have attained fifty-five (55) years of age or otherwise satisfies the requirements as set forth herein. C. Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to continue to occupy a dwelling without regard to age. D. The foregoing limitations shall apply to any tenant who resides in any dwelling offered for lease by the Owner thereof. Commissioner Brannon asked if this proposal was to match the federal regulations. Mr. Roderick B. Williams, County Attorney, commented that is correct. There were no additional comments or discussion, and this item will be forwarded to the Board of Supervisors for Information and Discussion. ------------- OTHER Wyatt G. Pearson, Director, referenced the intro slide for the NELUP. He noted there will be two (2) community meetings; Tuesday October 18th at 6:30 held at Jordan Springs Elementary School and Tuesday October 25th at 6:30 held at Stonewall Elementary School. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Orndoff to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting adjourned at 8:15 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 12 Planning Commission Agenda Item Detail Meeting Date: October 19, 2022 Agenda Section: Public Hearings Title: Conditional Use Permit #09-22 for McKenzie's Doodles (James & Susan Brown) - (Mrs. Feltner) Attachments: PC10-19-22CUP09-22_Redacted.pdf 13 CONDITIONAL USE PERMIT #03-22 MCKENZIE’S DOODLES (BROWN) DOG KENNEL/BREEDING Staff Report for the Planning Commission Prepared: October 7, 2022 Staff Contact: Amy L. Feltner, Planner 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: 10/19/22 Pending Board of Supervisors: 11/09/22 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for James Brown and Susan Brown for a dog kennel and breeding, McKenzie’s Doodles. This is also a relocation of an existing approved kennel (CUP #02-15) operating in similar manner and under similar conditions. Should the Planning Commission find this application for a dog kennel and breeding 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. A maximum of two (2) employees, not residing on the premise, shall be permitted with this CUP. 3. All dogs must be confined to kennels indoors by 9:00 p.m. to 7:00 a.m. 4. Hours of operation for the public to access the property shall be 9:00 a.m. to 8:00 p.m seven days a week. 5. New structures to-be-used as kennels will require building permits prior to being built or relocated to the property. 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 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 14 Page 2 CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown October 7, 2022 LOCATION: This property is located at 1038 Hites Road, Middletown, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 84-A-34B PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agricultural South: RA (Rural Areas) Use: Vacant/Agricultural East: RA (Rural Areas) Use: Single Family Detached Residential West: RA (Rural Areas) Use: Vacant/Agricultural PROPOSED USE: This application is for a dog kennel and breeding on +/- 8 acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: The Applicant proposes to board and breed dogs with no more than five (5) breeding dogs, not including the litters, at any given time. Customers will arrange their visit, select, and take home the puppy on the same day. The applicant proposes to host an average of ten (10) families 20-25 times annually on a designated Saturday or Sunday as stated in their application. The applicant has an approved CUP (#02-15) at 719 Barley Lane for kennel and boarding. The applicant intends to move this business to the new address of 1038 Hites Road. The current owner of 719 Barley Lane has voided the CUP #02-15 (see owner letter dated October 10, 2022, attached). Comprehensive Plan Conformance: 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 8.00 +/- acre parcel surrounded by properties that are zoned RA. The 2040 Comprehensive Plan provides guidance when considering any land use actions. The area where this property is located is outside the Urban Development Area (UDA), outside the Sewer and Water Service Area (SWSA) and is not part of any other land use plan. This area of the County is intended to remain rural in nature. The CUP application, as proposed, generally meets the intent of the goals of the Plan. 15 Page 3 CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown October 7, 2022 Zoning Ordinance Requirements: 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 additional standards include: all dogs are to be confined within a secure structure, and the installation of a Category C Buffer where the adjoining properties are used for residential purposes. Staff has reviewed the uses of adjoining properties and determined that a Category C Buffer would not be required as the adjacent land is vacant and agricultural in nature. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately +/- 2000-feet to the west, 425-feet to the north, 400-feet to the east and 1031-feet to south from this proposed kennel. This kennel use, as described in the application narrative, 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. Winchester-Frederick County Health Department: Please see the attached letter from Jim Davis, Environmental Health Supervisor dated September 7, 2022. Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 625 (Hites Road), the VDOT facility providing access to the property. The existing entrance meets VDOT sight distance requirements for this use. Based on this information and the information provided by the applicant, VDOT can support the CUP request. Frederick County Fire Marshal: Approved with conditions. 1) Install fire extinguishers per Section 906 of the Frederick County Fire Prevention Code (Statewide Fire Prevention Code) with a maximum travel distance of 75 feet of travel go access any fire extinguisher. 2) Install at least one smoke detector per structure. Frederick County Inspections: If the proposed building is of new construction, it will be required to meet the 2018 Virginia Construction Code. If the proposed building is existing, it will require a change of use permit. Entrances and exits shall meet accessibility requirements per ANSI A117.1, Accessible parking and pathway to the building will be required. Exist signage and emergency light shall be required, and a restroom shall be available for use by customers. 1. Handicap ramps at breezeway door and front door stop. 2. Handicap sign 3. Lever type door handle at breezeway 4. Turn Downspout 45 degrees away from house. 16 Page 4 CUP #09-22, McKenzie’s Doodles, James Brown & Susan Brown October 7, 2022 STAFF CONCLUSIONS FOR THE 10/19/22 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. A maximum of two (2) employees, not residing on the premise, shall be permitted with this CUP. 3. All dogs must be confined to kennels indoors by 9:00 p.m. to 7:00 a.m. 4. Hours of operation for the public to access the property shall be 9:00 a.m. to 8:00 p.m seven days a week. 5. New structures to-be-used as kennels will require building permits prior to being built or relocated to the property. 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 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. 17 84 A 34B 1196HITES RD 1162HITES RD 718KLINESMILL RD 829VAUCLUSE RD 1111HITES RD 1097HITES RD 1087HITES RD 1077HITES RD 1067HITES RD 1053HITES RD 1031HITES RD 1138CLARK RD 1020HITES RD 1160CLARK RD 996HITES RD 1080CLARK RD 1181CLARK RD 1127CLARK RD CLARK RD HITES RDApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 29, 2022HITES RDCLARK RD VAUCLUSE RD WESTERNVIEW DR 0 260 520130 Feet CUP # 09 - 22: McKenzie's DoodlesPIN: 84 - A - 34BKennel/Breeding; Relocation of existing CUP #02-15Zoning Map CUP #09-22 18 84 A 34B 1196HITES RD 1162HITES RD 718KLINESMILL RD 829VAUCLUSE RD 1111HITES RD 1097HITES RD 1087HITES RD 1077HITES RD 1067HITES RD 1053HITES RD 1031HITES RD 1138CLARK RD 1020HITES RD 1160CLARK RD 996HITES RD 1080CLARK RD 1181CLARK RD 1127CLARK RD CLARK RD HITES RDApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 29, 2022HITES RDCLARK RD VAUCLUSE RD WESTERNVIEW DR 0 260 520130 Feet CUP # 09 - 22: McKenzie's DoodlesPIN: 84 - A - 34BKennel/Breeding; Relocation of existing CUP #02-15Location Map CUP #09-22 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Planning Commission Agenda Item Detail Meeting Date: October 19, 2022 Agenda Section: Action Item Title: Rezoning #09-22 for The Canyon, LC - (Mr. Klein) Attachments: PC10-19-22REZ09-22_Redacted.pdf 36 REZONING APPLICATION #09-22 THE CANYON, LC Staff Report for the Planning Commission Prepared: October 6, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 10/19/2022 Pending Board of Supervisors: 10/26/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/19/22 PLANNING COMMISSION MEETING: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. This proposal would amend the previously approved proffer statement for REZ #06-15, Opequon Crossing, to further specify no “certificate of occupancy” shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector “spine” road. All other provisions in the approved proffer statement (land use, density, other transportation improvements) remain unaltered. The subject properties are located wholly in the Red Bud District. Following a public meeting, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 37 Rezoning #09-22 The Canyon, LC October 6, 2022 Page 2 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 application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: This is an application to rezone (minor proffer amendment) +/-174.98 acres from RP (Residential Performance) District with proffers to RP (Residential Performance) District with revised proffers. LOCATION: The properties are located south of Route 7, east and west of Eddy’s Lane and adjacent to the Opequon Wastewater Reclamation facility at the eastern boundary of Frederick County along Opequon Creek. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-210, 55-A- 212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Vacant/Residential South: Residential Performance (RP) Use: Open Space/Residential East: Clarke County Use: Clarke County/Vacant West: Residential Performance (RP) Use: Residential 38 Rezoning #09-22 The Canyon, LC October 6, 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject properties, collectively known as “Opequon Crossing” were originally rezoned from RA (Rural Areas) to RP (Residential Performance) in November 2009 (REZ #12-07). A subsequent rezoning (#06-15; approved December 2015) modified the previously approved proffer statement. Since 2015, the subject properties have remained vacant and undeveloped. A Master Development Plan (MDP, #01-22) was administratively approved in March 2022 for 574 residential dwelling units, and a Subdivision Design Plan (SDP) is presently under review by the Department of Planning and Development prior to commencement of land disturbing activities. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence; the Plan is a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The parcels comprising this rezoning application are located within the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of residential development will occur. In addition, the Opequon Crossing property is located within the Senseny/Eastern Frederick Urban Area Plan. This land use plan calls for the subject properties to be developed as “residential.” The existing zoning of the property, RP, is in conformance with the Plan. The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved zoning district (RP) or land uses. The proposed minor proffer amendment, to clarify the “trigger” for proffered transportation improvements, changing “building permit” to “certificate of occupancy” (proffer 9.2) does not impact the conformity of the application to the Plan. 3) Access & Transportation The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved proffered transportation improvements. However, the proposed proffer amendment does clarify that the proffered transportation improvements to Route 7 and the 39 Rezoning #09-22 The Canyon, LC October 6, 2022 Page 4 future collector road (“spine road”) will need to be completed prior to issuance of the first “certificate of occupancy.” 4) Potential Impacts & Proffers The proposed rezoning (minor proffer amendment) does not propose any changes to the previously approved total number of units or other capital contributions. Following a public meeting, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 40 SOVERIEGNVILLAGESubdivision ¬«7 ¬«7 ¬«7 CLARKECOUNTYVIRGINIA 55 A 212 55 A 210 55 A212A 106SENSENYGLEN DR 107DELL CT 111CORALYROSE CT216CANYON RD218CANYON RD 100VALE CT222CANYON RD 2747SENSENY RD105VALE CT 2737SENSENY RD 105MORNING GLORY DR 111MORNING GLORY DR 113SENSENYGLEN DR 204CANYON RD 217CANYON RD 101COMBE DR 234CANYON RD 100FERN CT 209SENSENY GLEN DR 212SENSENY GLEN DR 220SENSENYGLEN DR 310SENSENYGLEN DR 119MORNINGGLORY DR 110ALPINEMEADOW RD 209COMBE DR 309SENSENY GLEN DR 130MORNINGGLORY DR 300TAMARACKCIR115CANYON RD 212COMBE DR 111WHIPP DR 308CANYON RD 136MORNINGGLORY DR 203ALPINE MEADOW RD 105CANYON RD 112WHIPP DR 313CANYON RD 210ALPINE MEADOW RD 101CANYON RD 106NORFOLK CT 128WICKHAM TER 104PRIMROSE PL 114PANGBORNE CT 215HEATH CT214HEATH CT 107NORFOLK CT 157MORNING GLORY DR 115BENTPATH CT119BENTPATH CT 208HEATH CT 343CANYON RD 336CANYON RD 116AULEE CT 113GODWIN CT 165MORNINGGLORY DR 100PANGBORNE CT 111HEATH CT 107AULEE CT 117AULEE CT 447CANYON RD 175MORNINGGLORY DR 414CANYON RD 100HEATH CT 107HEATH CT 124WALES CT 440CANYON RD 428CANYON RD 125THOMPSON CT 125WALES CT 117THOMPSON CT 125CHESHIRE CT 140SEQUOIA DR 113CHESHIRE CT 120SOLARA DR 101CHESHIRE CT 150SOLARA DR 283EDDYS LN 3100BERRYVILLEPIKE 239COBBLE STONE DR 164SOLARA DR 180SOLARA DR 233EDDYS LN 105BISCANE CT 155BISCANE CT 1494VALLEYMILL RD 1494VALLEYMILL RD 1494VALLEYMILL RD 290EDDYS LN 1430VALLEYMILL RD1127VALLEY MILL RD 103MILL STONE CIR 1291VALLEYMILL RD 193EDDYS LN 108MILL RACE DR 101JULEE DR 1496VALLEYMILL RD 151EDDYS LN 145EDDYS LN 2432BERRYVILLEPIKE 125MILL RACE DR 111EDDYS LN 129MILL RACE DR 1560VALLEY MILL RD 1580VALLEY MILL RD 2430BERRYVILLEPIKE 200MILLRACE DR 2434BERRYVILLEPIKE 2826BERRYVILLEPIKE 2822BERRYVILLEPIKE 2851BERRYVILLEPIKE 112BURNTFACTORY RD 111BURNTFACTORY RD2708BERRYVILLE PIKE2718BERRYVILLE PIKE 2857BERRYVILLEPIKE 2853BERRYVILLEPIKE 2608BERRYVILLEPIKE HAVERFORDCTKAPOKCIR NORFOLKCTKELLERCTT A M A R A C KCIR HIGHCLIFFE DR SEQUOI A DRPRIMROSE PL COMB E D R A ULEE C TALPINEMEADOW RDBURNTFACTORY RDH E AT H CTMILLRACE DRTHOMPSON CT WHIPP DRPANGBORNECTBISCANE C T SOLARA DRBENTPATHCTMORNINGGLORY DRCANYON RDS E N S E N Y G L E N D R BERRYVILLE PIKE VALLEY MILL RD EDDYS LNApplication Parcels Sewer and Water Service A rea Future Rt 37 Bypass B1 (Neighborhood Business District) B2 (General Business District) MH1 (Mobile Home Comm unity District) RP (Residential P erform ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 21, 2022 V A L L E Y M I L L R D BERRYVILLE PIKE SENSENY RD EDDYS LNCHANNI NG DRC A N Y O N R D ASBURY RD ROSSMANN BLVDJULEE DR HEATH CTRENEE LN¬«7 0 1,100 2,200550 Feet CLARKECOUNTY R E Z # 0 9 - 2 2 : T h e C a n y o n , L CPINs: 5 5 - A - 2 1 0 , 5 5 - A - 2 1 2 , 5 5 - A - 2 1 2 ARezoning f r o m R P to R P w it h R e v is e d P r o f f e r sZoning M a p REZ #09-22 REZ #09-22 REZ #09-22 41 SOVERIEGNVILLAGESubdivision ¬«7 ¬«7 ¬«7 CLARKECOUNTYVIRGINIA 55 A 212 55 A 210 55 A212A 106SENSENYGLEN DR 107DELL CT 111CORALYROSE CT216CANYON RD218CANYON RD 100VALE CT222CANYON RD 2747SENSENY RD105VALE CT 2737SENSENY RD 105MORNING GLORY DR 111MORNING GLORY DR 113SENSENYGLEN DR 204CANYON RD 217CANYON RD 101COMBE DR 234CANYON RD 100FERN CT 209SENSENY GLEN DR 212SENSENY GLEN DR 220SENSENYGLEN DR 310SENSENYGLEN DR 119MORNINGGLORY DR 110ALPINEMEADOW RD 209COMBE DR 309SENSENY GLEN DR 130MORNINGGLORY DR 300TAMARACKCIR115CANYON RD 212COMBE DR 111WHIPP DR 308CANYON RD 136MORNINGGLORY DR 203ALPINE MEADOW RD 105CANYON RD 112WHIPP DR 313CANYON RD 210ALPINE MEADOW RD 101CANYON RD 106NORFOLK CT 128WICKHAM TER 104PRIMROSE PL 114PANGBORNE CT 215HEATH CT214HEATH CT 107NORFOLK CT 157MORNING GLORY DR 115BENTPATH CT119BENTPATH CT 208HEATH CT 343CANYON RD 336CANYON RD 116AULEE CT 113GODWIN CT 165MORNINGGLORY DR 100PANGBORNE CT 111HEATH CT 107AULEE CT 117AULEE CT 447CANYON RD 175MORNINGGLORY DR 414CANYON RD 100HEATH CT 107HEATH CT 124WALES CT 440CANYON RD 428CANYON RD 125THOMPSON CT 125WALES CT 117THOMPSON CT 125CHESHIRE CT 140SEQUOIA DR 113CHESHIRE CT 120SOLARA DR 101CHESHIRE CT 150SOLARA DR 283EDDYS LN 3100BERRYVILLEPIKE 239COBBLE STONE DR 164SOLARA DR 180SOLARA DR 233EDDYS LN 105BISCANE CT 155BISCANE CT 1494VALLEYMILL RD 1494VALLEYMILL RD 1494VALLEYMILL RD 290EDDYS LN 1430VALLEYMILL RD1127VALLEY MILL RD 103MILL STONE CIR 1291VALLEYMILL RD 193EDDYS LN 108MILL RACE DR 101JULEE DR 1496VALLEYMILL RD 151EDDYS LN 145EDDYS LN 2432BERRYVILLEPIKE 125MILL RACE DR 111EDDYS LN 129MILL RACE DR 1560VALLEY MILL RD 1580VALLEY MILL RD 2430BERRYVILLEPIKE 200MILLRACE DR 2434BERRYVILLEPIKE 2826BERRYVILLEPIKE 2822BERRYVILLEPIKE 2851BERRYVILLEPIKE 112BURNTFACTORY RD 111BURNTFACTORY RD2708BERRYVILLE PIKE2718BERRYVILLE PIKE 2857BERRYVILLEPIKE 2853BERRYVILLEPIKE 2608BERRYVILLEPIKE HAVERFORDCTKAPOKCIR NORFOLKCTKELLERCTT A M A R A C KCIR HIGHCLIFFE DR SEQUOI A DRPRIMROSE PL COMB E D R A ULEE C TALPINEMEADOW RDBURNTFACTORY RDH E AT H CTMILLRACE DRTHOMPSON CT WHIPP DRPANGBORNECTBISCANE C T SOLARA DRBENTPATHCTMORNINGGLORY DRCANYON RDS E N S E N Y G L E N D R BERRYVILLE PIKE VALLEY MILL RD EDDYS LNApplication Parcels Sewer and Water Service A rea Future Rt 37 Bypass µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 21, 2022 V A L L E Y M I L L R D BERRYVILLE PIKE SENSENY RD EDDYS LNCHANNI NG DRC A N Y O N R D ASBURY RD ROSSMANN BLVDJULEE DR HEATH CTRENEE LN¬«7 0 1,100 2,200550 Feet CLARKECOUNTY R E Z # 0 9 - 2 2 : T h e C a n y o n , L CPINs: 5 5 - A - 2 1 0 , 5 5 - A - 2 1 2 , 5 5 - A - 2 1 2 ARezoning f r o m R P to R P w it h R e v is e d P r o f f e r sLocation M a p REZ #09-22 REZ #09-22 REZ #09-22 42 SOVERIEGNVILLAGESubdivision ¬«7 ¬«7 ¬«7 CLARKECOUNTYVIRGINIA 55 A 212 55 A 210 55 A212A 106SENSENYGLEN DR 107DELL CT 111CORALYROSE CT216CANYON RD218CANYON RD 100VALE CT222CANYON RD 2747SENSENY RD105VALE CT 2737SENSENY RD 105MORNING GLORY DR 111MORNING GLORY DR 113SENSENYGLEN DR 204CANYON RD 217CANYON RD 101COMBE DR 234CANYON RD 100FERN CT 209SENSENY GLEN DR 212SENSENY GLEN DR 220SENSENYGLEN DR 310SENSENYGLEN DR 119MORNINGGLORY DR 110ALPINEMEADOW RD 209COMBE DR 309SENSENY GLEN DR 130MORNINGGLORY DR 300TAMARACKCIR115CANYON RD 212COMBE DR 111WHIPP DR 308CANYON RD 136MORNINGGLORY DR 203ALPINE MEADOW RD 105CANYON RD 112WHIPP DR 313CANYON RD 210ALPINE MEADOW RD 101CANYON RD 106NORFOLK CT 128WICKHAM TER 104PRIMROSE PL 114PANGBORNE CT 215HEATH CT214HEATH CT 107NORFOLK CT 157MORNING GLORY DR 115BENTPATH CT119BENTPATH CT 208HEATH CT 343CANYON RD 336CANYON RD 116AULEE CT 113GODWIN CT 165MORNINGGLORY DR 100PANGBORNE CT 111HEATH CT 107AULEE CT 117AULEE CT 447CANYON RD 175MORNINGGLORY DR 414CANYON RD 100HEATH CT 107HEATH CT 124WALES CT 440CANYON RD 428CANYON RD 125THOMPSON CT 125WALES CT 117THOMPSON CT 125CHESHIRE CT 140SEQUOIA DR 113CHESHIRE CT 120SOLARA DR 101CHESHIRE CT 150SOLARA DR 283EDDYS LN 3100BERRYVILLEPIKE 239COBBLE STONE DR 164SOLARA DR 180SOLARA DR 233EDDYS LN 105BISCANE CT 155BISCANE CT 1494VALLEYMILL RD 1494VALLEYMILL RD 1494VALLEYMILL RD 290EDDYS LN 1430VALLEYMILL RD1127VALLEY MILL RD 103MILL STONE CIR 1291VALLEYMILL RD 193EDDYS LN 108MILL RACE DR 101JULEE DR 1496VALLEYMILL RD 151EDDYS LN 145EDDYS LN 2432BERRYVILLEPIKE 125MILL RACE DR 111EDDYS LN 129MILL RACE DR 1560VALLEY MILL RD 1580VALLEY MILL RD 2430BERRYVILLEPIKE 200MILLRACE DR 2434BERRYVILLEPIKE 2826BERRYVILLEPIKE 2822BERRYVILLEPIKE 2851BERRYVILLEPIKE 112BURNTFACTORY RD 111BURNTFACTORY RD2708BERRYVILLE PIKE2718BERRYVILLE PIKE 2857BERRYVILLEPIKE 2853BERRYVILLEPIKE 2608BERRYVILLEPIKE HAVERFORDCTKAPOKCIR NORFOLKCTKELLERCTT A M A R A C KCIR HIGHCLIFFE DR SEQUOI A DRPRIMROSE PL COMB E D R A ULEE C TALPINEMEADOW RDBURNTFACTORY RDH E AT H CTMILLRACE DRTHOMPSON CT WHIPP DRPANGBORNECTBISCANE C T SOLARA DRBENTPATHCTMORNINGGLORY DRCANYON RDS E N S E N Y G L E N D R BERRYVILLE PIKE VALLEY MILL RD EDDYS LNApplication Parcels Sewer and Water Service A rea Future Rt 37 Bypass Long R ange Land Use Sensitive Natural Areas Institutional B2 / B3 Residential, 4 u/a µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 21, 2022 V A L L E Y M I L L R D BERRYVILLE PIKE SENSENY RD EDDYS LNCHANNI NG DRC A N Y O N R D ASBURY RD ROSSMANN BLVDJULEE DR HEATH CTRENEE LN¬«7 0 1,100 2,200550 Feet CLARKECOUNTY R E Z # 0 9 - 2 2 : T h e C a n y o n , L CPINs: 5 5 - A - 2 1 0 , 5 5 - A - 2 1 2 , 5 5 - A - 2 1 2 ARezoning f r o m R P to R P w it h R e v is e d P r o f f e r sLong R a n g e L a n d U s e M a p REZ #09-22 REZ #09-22 REZ #09-22 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Planning Commission Agenda Item Detail Meeting Date: October 19, 2022 Agenda Section: Other Title: Parks and Recreation Presentation Attachments: 83 Planning Commission Agenda Item Detail Meeting Date: October 19, 2022 Agenda Section: Other Title: Current Planning Applications Attachments: 84