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PC 01-04-23 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Election of Officers, Meeting Schedule, & Adoption of Bylaws & Roles & Responsibilities 2023 3.A.Election of Officers, Meeting Schedule, & Adoption of Bylaws & Roles & Responsibilities 2023 4.Meeting Minutes 4.A.October 19, 2022 Meeting Minutes 5.Committee Reports 6.Citizen Comments 7.Public Hearings 7.A.Conditional Use Permit #13-22 for Seven Bends Nursery (Jerry See and Iara Lacher) - (Mrs. Feltner) Submitted for the retailing or wholesaling of nursery stock and related products. The undeveloped property is located on Town Run Lane (Route 1012) southwest of the intersection with Peace and Plenty Lane (private road), east of the Town of Stephens City. The property is identified with Property Identification Number 85-A-134 in the Opequon Magisterial District. AGENDA PLANNING COMMISSION WEDNESDAY, JANUARY 4, 2023 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC01-04-23ElectionofOfficers.pdf PC01-04-23MinutesOctober19.pdf PC01-04-23CUP13-22_Redacted.pdf 1 8.Discussion Item 8.A.Discussion Regarding Staff Recommended Changes to the Development Review Fee Schedule Discussion regarding staff recommended changes to the Development Review Fee Schedule 9.Other 9.A.Current Planning Applications 10.Adjourn PC01-04-23ProposedDevelopmentReviewFeeSchedule.pdf 2 Planning Commission Agenda Item Detail Meeting Date: January 4, 2023 Agenda Section: Election of Officers, Meeting Schedule, & Adoption of Bylaws & Roles & Responsibilities 2023 Title: Election of Officers, Meeting Schedule, & Adoption of Bylaws & Roles & Responsibilities 2023 Attachments: PC01-04-23ElectionofOfficers.pdf 3 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Wyatt Pearson, Director SUBJECT: 2023 Election of Officers, Committee Appointments, Meeting Schedule DATE: December 28, 2022 ________________________________________________________________________ ELECTION OF OFFICERS FOR 2023 At the first meeting of each year, the Planning Commission elects a Chairman, Vice - Chairman and Secretary. These three Planning Commission officers assume office immediately and hold such office for the duration of the calendar year. For each office, the Commission will: open the nominations; accept nominations; close nominations; and vote to fill the officer position. The Planning Director will conduct these elections. ADOPTION OF MEETING SCHEDULE FOR 2023 At the first meeting of each year, the Planning Commission adopts their meeting schedule for the ensuing year. Historically, the Commission has held meetings on the first and third Wednesdays of each month at 7:00 p.m., to be held in the Board of Supervisors meeting room. The Comprehensive Plans & Programs Committee (CPPC) meets on the second Monday of each month at 7:00 p.m. in the first-floor conference room and the Development Review & Regulations Committee meets on the fourth Thursday of each month at 7:00 p.m. in the first-floor conference room. The Planning Commission’s meeting schedule for inclement weather states that in the event that weather causes the cancelation of a regularly scheduled Wednesday evening meeting, the meeting will be held on the following Thursday evening. 4 Memorandum: Elections, Appointments, and Meeting Times December 28, 2022 Page 2 of 2 COMMITTEE ASSIGNMENTS FOR 2023 At the first meeting of each year, the Chairman appoints the membership for the Comprehensive Plans and Programs Committee (CPPC) and the Development Review & Regulations Committee (DRRC). The Chairman also appoints a Planning Commission liaison to the: Transportation Committee (TC), Historic Resources Advisory Board (HRAB), Conservation Easement Authority (CEA), Frederick Water, and the Winchester Planning Commission. PLANNING COMMISSION BY-LAWS FOR 2023 At the first meeting of each year, the Planning Commission adopts their Bylaws, and Roles and Responsibilities for the ensuing year. These documents are attached. Please contact staff should you have questions. Attachments: Proposed 2023 Planning Commission Bylaws Proposed 2023 Planning Commission Roles and Responsibilities WP/pd 5 PLANNING COMMISSION BYLAWS County of Frederick, Virginia Proposed by Planning Commission January 4, 2023 ARTICLE I - AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 21 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission". ARTICLE II - PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 21 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 21 of the Code of Frederick County. 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items by no later than their second Planning Commission meeting. 6 2023 Planning Commission Bylaws Page 2 ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice-Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 When acting as chair, the vice-chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. 7 2023 Planning Commission Bylaws Page 3 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice-chairman. 8 2023 Planning Commission Bylaws Page 4 ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. 5-4 Commission members, employees of the County, and citizen volunteers may be members of the committee. 5-5 The chairman and vice-chairman of the Planning Commission shall be ex-officio members of every committee. 5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current Commission members and should represent different Magisterial Districts, if possible. 5-7 The committees may operate as a committee of the whole or by executive committee, with current and past Commission members serving as members of the executive committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific responsibility of the parent committee. One executive committee member will serve as liaison to the standing subcommittee and will assist staff in managing its activities. Membership will be comprised of past Commission members and citizens. Membership will be appointed by the chairman of the Committee with concurrence by the Commission Chairman. 5-9 The committees may establish working groups to assist in specific, carefully-defined tasks for a limited period of time. Important considerations for membership on the working group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. 9 2023 Planning Commission Bylaws Page 5 ARTICLE VI – COMMISSION MEETINGS 6-1 At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all its regular meetings for the ensuing calendar year and shall fix the day on which a regular meeting shall be continued should the Chairman declare that weather or other conditions make it hazardous for members to attend. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five calendar days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.2-3711(A) of the Code of Virginia, 1950, as amended. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken, or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business for a regular meeting 8-1-1 Call to Order. 8-1-2 Adoption of the Agenda. 8-1-3 Consideration of Minutes. 8-1-4 Committee Reports. 8-1-5 Citizen Comments on Items not on the Agenda. 8-1-6 Public Hearings. 10 2023 Planning Commission Bylaws Page 6 8-1-7 Action Items. 8-1-8 Information/Discussion Items 8-1-9 Other. 8-1-10 Adjournment. 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The chairman and secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 The initial motion on an agenda item shall be made by a member representing the application’s Magisterial District. If both District representatives are absent or decline to make the initial motion, then any other Commissioner may act. 8-3-4 Business items on the agenda shall be considered using the following procedures: 8-3-4-1 Report by County Staff. 8-3-4-2 Presentation by Applicant. 8-3-4-3 Citizen Comment. 8-3-4-4 Applicant Response. 8-3-4-5 Staff Summary. 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 11 2023 Planning Commission Bylaws Page 7 8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the chairman may allow public comment. 8-3-6 The Commission members may ask questions of clarification and information after the staff report, applicant presentation, and/or citizen comment. 8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-8 Public Hearings 8-3-8-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia, 1950, as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, 1950, as amended. 8-3-8-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-8-3 In addition to those required by law, the Commission may hold public hearings on any matter, under the purview of the Commission, which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8-4 The 90-day period (Section 165-102.03 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start after the first Commission meeting following the referral of the amendment to the Commission. 8-3-9 Tabling 8-3-9-1 The Planning Commission shall have the authority to postpone agenda items 45- calendar days (less if reaching the limits of Section 165-102.03) for any one of the following: A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended. 12 2023 Planning Commission Bylaws Page 8 B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant less than eight (8) calendar days of the advertised Planning Commission meeting. E) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. F) The applicant provides the Frederick County Planning Department with a written request to postpone the agenda item. G) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. H) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-9-2 The applicant shall be permitted to request that an agenda item be postponed from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-102.03 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. In no case shall an application be postponed for more than 12 months from the time the complete application was received by the Zoning Administrator or applicable staff. 8-3-9-3 An application that has been postponed for an unspecified period of time shall be re-advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-10 Work sessions 13 2023 Planning Commission Bylaws Page 9 8-3-10-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission and/or the Board of Supervisors. 8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-10-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-10-5 No actions shall be taken, or motions made at a work session. 8-3-10-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-10-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-11 Adjournment 8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M. and the meeting shall be adjourned by 11:00 P.M. In the instance that an item begun before 10:30P.M. has not been acted on by the 11:00 P.M. hour, the Commission may, by majority vote, lift the adjournment time until a recommendation has been made, or such time, after 11:00 P.M., as the Commission may fix. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 The Planning Commission shall conduct an annual review of these bylaws each calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By-Laws will be adopted. 14 2023 Planning Commission Bylaws Page 10 15 FREDERICK COUNTY PLANNING COMMISSION ROLES AND RESPONSIBILITIES PROPOSED – JANUARY 4, 2023 This document has been prepared to assist Frederick County Planning Commissioners in understanding what their role and responsibilities are in the myriad of activities that they accept as a member of the Planning Commission. This compilation is a companion document to the Commission’s By-Laws. APPLICATION COMMUNICATIONS There are three primary sources of information gathered by and weighed by the Planning Commission in order to make quality planning recommendations to the Board of Supervisors. They are ex-parte communications; staff reports and public input. Ex-Parte Communications: Individual meetings between Commissioners and an applicant/developer regarding a specific application shall follow the Virginia Freedom of Information Act. During this discussion or at any other time prior to action taken by the Commission on the application, a Planning Commissioner should make no commitments or endorsements. Any new written materials provided by the applicant to any one Commissioner shall be made available to all commissioners and staff by the applicant prior to the application appearing on the agenda. To not do so may result in the application being tabled at the Planning Commission public hearing. Staff Application Briefings/Work Sessions: Prior to the first public hearing being held, staff will hold a briefing for the Planning Commissioners, with an invitation extended to the Board of Supervisors to participate, regarding any application deemed sufficiently complicated / controversial to warrant detailed explanation. The purpose is to apprise the Commissioners regarding the details of the application, both those items that meet the ordinance and those that do not. This provides the opportunity for the Commissioners to have a common understanding of the application prior to the public hearing. The decision to hold a briefing on a specific application will be made jointly by the Director of Planning and the Chairman of the Planning Commission. In addition to complexity, the application shall be basically complete prior to scheduling the briefing. The Planning Commission may request a work session for an application which, after the first public hearing is concluded, is subsequently postponed. The purpose of the work session is to discuss amongst each other and with staff details of the application, any 16 Page 2 2023 Planning Commission Roles and Responsibilities Proposed - January 4, 2023 revised proffers provided or anticipated by the applicant, and other improvements which could be made to the application. For either a briefing or a work session: -The applicant should attend but will not have an active role. -The format of a Planning Commission work session as identified in paragraph 8- 3-10 of the Commission’s By-Laws will be used. -In no case will the legal timeline for consideration before the Planning Commission be changed. Public Hearing/Meeting: Efficient and effective public hearings are an essential part of enabling the Commission to make reasoned recommendations to the Board of Supervisors. Every attempt will be made to obtain focused and broad representation of opinion or information from the public. When possible, specific time limitations will not be used. However, both rules of order as well as time constraints most appropriate for the specific application will be implemented when there is either large interest in or controversy regarding an application. One constant during this process on both the part of the public, the applicant, and the Commission itself is civility and respect for information offered or a differing opinion. Deviation from this behavior is unacceptable. COMMISSIONER DEVELOPMENT: Each Commissioner shall be committed to preparing for and keeping knowledge current in order to do the most effective job for the community. New initial appointees should strive to obtain Planning Commissioner certification from an acceptable training program within the first year of appointment. This training is supported by the Planning Department budget. Further continuing education through many offerings should be pursued and will be supported by the Planning budget as possible. These opportunities should be shared amongst the number of Commissioners who are serving. Examples include seminars or workshops from the Virginia Commonwealth University Land Use Education Program, and publications or opportunities from the American Planning Association. A library is maintained by the Planning office. 17 Page 3 2023 Planning Commission Roles and Responsibilities Proposed - January 4, 2023 COMMISSIONER ATTENDANCE: Commissioners are expected to participate in 80% of the regularly scheduled meetings per year. Members who cannot attend a meeting due to illness, business, and other governmental or family reasons should notify the Commission Chairman and/or staff Administrative Assistant prior to the scheduled meeting in order for the absence to be noted. It may affect quorum considerations. Especially essential is preparation and readiness for each of the Commission’s meetings in order to use not only the Commission’s but the staff’s and public’s time wisely. COMMISSION COMMITTEE ASSIGNMENTS: Appointments to a Commission committee or liaison assignments are made by the chairman and shared by the membership. Generally, they involve a once per month meeting. CONFLICT OF INTEREST: Each Commissioner needs to be familiar with Commonwealth of Virginia information on conflict of interest. If a Commissioner is unsure if there is conflict, the County Attorney is the correct resource. Upon determination that there is or might be perceived to be a conflict, the Commissioner should state immediately after the agenda item is read that recusal action is necessary (with, preferably, stating the reason) then step down from the dais until the item is concluded. PUBLIC REPRESENTATION: Commissioners are citizens, too. If there is a public item that is of interest, the Commissioner should participate, but not identify themselves as members of the Frederick County Planning Commission unless acting in an official capacity and directed to do so. Implied endorsements by the Commission should be avoided. 18 Planning Commission Agenda Item Detail Meeting Date: January 4, 2023 Agenda Section: Meeting Minutes Title: October 19, 2022 Meeting Minutes Attachments: PC01-04-23MinutesOctober19.pdf 19 Frederick County Planning Commission Page 3980 Minutes of October 19, 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 October 19, 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; Kathleen Dawson, Red Bud District; Charles Markert, Red Bud District; Austin Cano, Assistant County Attorney. ABSENT: Robert S. Molden, Opequon District; Roger L. Thomas, Vice Chairman/Opequon District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Justin Kerns, Stonewall District. STAFF PRESENT: John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Amy Feltner, Planner I; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the October 19, 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 8A to be presented before the Public Hearing. MEETING MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the minutes from the September 7, 2022 meeting. ------------- 20 Frederick County Planning Commission Page 3981 Minutes of October 19, 2022 COMMITTEES Frederick Water Chairman Jewell shared the rainfall report for the month and the annual total thus far. He noted the new water plant is coming along, however, they are still waiting on supplies due to supply chain issues that have accumulated over time. City of Winchester – Mtg. 10/18/22 Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the Commission approved three public hearing items: 25 townhouses on South Pleasant Valley Road; a proffer revision for a WAWA gas station due to canopy issues; and an ordinance amendment for PUD regulations. Board of Supervisors Supervisor Ludwig reported, the Board of Supervisors approved Short Term Lodging as a by-right and this will assist in eliminating the number of CUP’s that could possibly come forward. ------------- 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. ------------- Stacy Herbaugh, Director of Parks and Recreation along with John Turkel, Assistant Director, came forward and shared a presentation on the various aspects of the Department to include the mission statement and the annual budget. ------------- PUBLIC HEARING Conditional Use Permit #09-22 for McKenzie’s Doodles (James and Susan Brown) submitted for a dog-kennel/breeding and relocated business approved with CUP #02-15. The property is located at 1038 Hites Road, Middletown VA and is identified with Property Identification Number 84-A-34B in the Back Creek Magisterial District. Action – Recommend Approval 21 Frederick County Planning Commission Page 3982 Minutes of October 19, 2022 Amy Feltner, Planner I, reported this is a request for a Conditional Use Permit (CUP) for a dog kennel/breeding facility. The property is located at 1038 Hites Road , is in the Back Creek Magisterial District, and in zoned RA (Rural Areas). She presented a location map of the property. Mrs. Feltner continued, the Frederick County Zoning Ordinance defines a kennel: “As a place to house, board, breed, handle, and otherwise keep or care for dogs for sale or in return for compensation. Kennels are permitted in the RA (Rural Areas) with an approved Conditional Use Permit (CUP). She explained, the Frederick County Zoning Ordinance requires that kennels be subject to additional performance standards to mitigate negative impacts to adjoining residential structure. A site visit, conducted by Staff, determined that the existing buffer(s) are adequate and the properties adjacent to this proposed CUP are zoned RA; the nearest residential dwellings are approximately 400 ft to the north and east of this property. Mrs. Feltner continued, this is a relocation of an existing CUP #02-15 previously approved for 719 Barley Lane; the current owner of 719 Barley Lane has opted to void the CUP #02-15. She shared, this kennel use, as described in the application narrative, will be conducted indoors and therefore meets the intent of the Zoning Ordinance; the kennel operation will be conducted inside the existing garage and in a detached kennel of which is fully enclosed. Mrs. Feltner explained, the Applicant owns and breeds five female dogs; the males are limited to the breeding term only and are returned to their owners; litters are raised then sold; weekdays are appointments only and customers visit and take the puppy home the same day, primarily on weekends. She noted, on average, the Applicant hosts 10 families, 20-25 times annually to enable families to meet, select, and choose their puppy and to see the environment and care the Applicant provides. Mrs. Feltner shared the conditions recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. A maximum of two (2) employees, not residing on the premises, sha ll be permitted with this CUP. 3. All dogs must be confined to kennels indoors between the hours of 9:00 p.m. to 7:00 a.m. 4. Hours of operation for the public to access the property shall be between the hours of 9:00 a.m. to 8:00 p.m. 5. New structure to be used as kennels will require building permits prior to being constructed or relocated on the property. 6. One 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. Commissioner Orndoff inquired as to why the times in the conditions are different. Mrs. Feltner explained, the time difference is that one time is for the dogs being let in and out and the other time is for the public access to the kennel. 22 Frederick County Planning Commission Page 3983 Minutes of October 19, 2022 Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Larry Rickard of the Back Creek District came forward and shared his concerns with the noise this application could generate and the buffers between the properties. He commented thirty (30) yards separates his property for the Applicants and there is no buffer in place . He concluded he is concerned with the hours of operation and inquired as to the setbacks that are in place. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Brannon commented she visited the property and the dogs that are being bred do not live there full time; they are bred, brought back for whelping, and the pups are kept for approximately two (2) months. She state the weening takes place in the garage. Commissioner Brumback requested clarification on the setbacks. Mr. Jewell stated an accessory structure is 15 feet. Commissioner Brumback asked about the buffers. Mr. Klein explained Staff has visited the site and has determined the buffers that are in place to be sufficient. Upon a motion made by Commissioner Brannon and seconded by Commissioner Brumback with a change to Condition #2 from two (2) employees to three (3) employees BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #09-22 for McKenzie’s Doodles (James and Susan Brown) submitted for a dog-kennel/breeding and relocated business approved with CUP #02-15. The property is located at 1038 Hites Road, Middletown VA and is identified with Property Identification Number 84-A-34B in the Back Creek Magisterial District. (Note: Commissioner Molden, Commissioner Thomas, Commissioner Kerns, Commissioner Aikens, and Commissioner Triplett were absent from the meeting) ------------- ACTION ITEM Rezoning #09-22 for The Canyon, LC - 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. Action – Recommend Approval Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Senior Planner, reported this is an application to rezone +/-174.98 acres from the RP (Residential Performance) District with proffers to RP District with revised proffers ; the subject properties are located in the Red Bud Magisterial District. He shared a zoning map of the property and surrounding area. Mr. Klein continued, this minor proffer amendment would amend the previously approved proffer statement for REZ #06-15, Opequon Crossing, to further specify that no 23 Frederick County Planning Commission Page 3984 Minutes of October 19, 2022 “certificate of occupancy” shall be issued for any dwelling unit without completion of improvements to Route 7 and the proposed collector “spine” road. He explained, all other provisions in the approved proffer statement (land use, density, other transportation improvements) remain unaltered. Mr. Klein noted, one minor update today that is not part of the Staff report is a modification to proffer 13.1 to specify “escalator for monetary proffers” is tied to the 2015 rezoning #06-15 for Opequon Crossing. Commissioner Orndoff commented he feels there could be an issue with the change going back from a building permit to an occupancy permit; he stated, with a building permit it is likely the builder and the occupancy permit is the buyer so this could hold up the buyer moving into the property. Mr. Klein explained, the builders are getting the occupancy permits before they close the sale on properties; it is really a change to allow that extra time for when the building permit is issued and to when they actually get to occupy the units and therefore, they would have additional time to do any road improvements needed. Commissioner Orndoff asked is Staff was satisfied with this and Mr. Klein responded yes, they are satisfied. Upon a motion made by Commissioner Dawson and seconded by Commissioner Brumback BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #09-22 for The Canyon, LC - 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. (Note: Commissioner Molden, Commissioner Thomas, Commissioner Kerns, Commissioner Aikens, and Commissioner Triplett were absent from the meeting) ------------- OTHER John A. Bishop, Assistant Director, reported the Shady Elm site plan has been approved; the Sheetz in Middletown site plan is pending; and the Metromont rezoning, and the Henry CUP have been postponed. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Dawson to adjourn the meeting. This motion was seconded by Commissioner Orndoff and unanimously passed. The meeting adjourned at 7:50 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 24 Planning Commission Agenda Item Detail Meeting Date: January 4, 2023 Agenda Section: Public Hearings Title: Conditional Use Permit #13-22 for Seven Bends Nursery (Jerry See and Iara Lacher) - (Mrs. Feltner) Attachments: PC01-04-23CUP13-22_Redacted.pdf 25 CONDITIONAL USE PERMIT #13-22 SEVEN BENDS NURSERY (JERRY SEE AND IARA LACHER) Staff Report for the Planning Commission Prepared: December 21, 2022 Staff Contact: Amy Light 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: 01/04/23 Pending Board of Supervisors: 01/25/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for retailing nursery stock and related products on +/- 13-acres in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a retail nursery to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements 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. 3. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 4. Any expansion or change of use shall require a new Conditional Use Permit Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 26 Page 2 CUP #13-22, Seven Bends Nursery (J. See and I. Lacher) December 21, 2023 LOCATION: This property is located at the intersection of Town Run Lane (Route 1012) and Peace and Plenty Lane (private road) east of the Town of Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-134 PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Single Family Detached Residential South: RA (Rural Areas) Use: Vacant/Agricultural East: RA (Rural Areas) Use: Commercial West: RA (Rural Areas) Use: Commercial PROPOSED USE: The Applicant proposes a retailing/wholesaling of nursey stock and related products including greenhouses and hardscaping displays. REVIEW EVALUATIONS: Planning and Zoning: Proposal: The Applicant proposes a retailing/wholesaling of nursey stock and related products including greenhouses and hardscaping displays on a +/-13-acre parcel zoned RA (Rural Areas). The current parcel is vacant/undeveloped. As stated in the application, the applicant plans to construct a +/-2,600 square foot (SF) retail structure, three 20 (FT) x 60 FT hoop-style greenhouses, a 1/3- acre pond for irrigation purposes, and a +/-4,000 SF hard surface parking area to accommodate up to 20 vehicle spaces. The applicant intends to use the property for production of retail nursery stock (trees, shrubs and plants), to display hardscaping materials (stone, brick and concrete) and storage. The applicant will also offer landscape design services and weekly curbside pickup from purchases made through their online web store. Based upon this proposed use, it appears this use would not have any significant impacts on the adjoining properties or the environment pending a site plan is approved before the use is established. 27 Page 3 CUP #13-22, Seven Bends Nursery (J. See and I. Lacher) December 21, 2023 Comprehensive Plan Conformance: The Comprehensive Plan of Frederick County (“Comprehensive Plan”) is a guide for making decisions regarding land use actions. The subject property is not part of any area plan. The planned land use for the subject property is identified as “rural” and the proposed conditional use “slaughterhouse” is consistent with the current and future land use designation. The proposed use is compatible with surrounding agricultural and residential uses. Zoning Ordinance Conformance: The Frederick County Zoning Ordinance allows a retailing or wholesaling of nursey stock and related products in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). An engineered minor site plan will also need to be submitted and approved by Frederick County prior to the establishment of the use. This will ensure all requirements of the Zoning Ordinance, agency comments, and final details on the layout of the site to be reviewed and approved by staff. Virginia Department of Transportation: The site’s access to a VDOT facility, Town Run Lane, is via a private road. The private road, Peace and Plenty, access point at Route 1012 (Town Run Lane) is acceptable for the proposed use. Based on this information, VDOT has no objections to this proposed CUP. Winchester-Frederick County Health Department: The Frederick County Health Department cannot make a positive comment at this time for this property. Please contact an OSE, from list provided, to find and submit an approvable system to sufficiently treat sewage from this proposed facility. The Frederick County Health Department has no objections if public water & sewer is utilized. Frederick County Fire Marshall: Plans approved. As building are constructed and occupied, all areas occupied shall have smoke alarms and portable fire extinguishers or other fire protection means. Frederick County Inspections Department: Please see attached letter from Mark Fleet dated November 16, 2022. STAFF CONCLUSIONS FOR THE 01/04/23 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for retailing nursery stock and related products on +/- 13-acres in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a retail nursery to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 28 Page 4 CUP #13-22, Seven Bends Nursery (J. See and I. Lacher) December 21, 2023 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. 3. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 4. Any expansion or change of use shall require a new Conditional Use Permit Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 29 85 A 134 357SALEMCHURCH RD 289SALEMCHURCH RD 735PEACE &PLENTY LN 514PEACE &PLENTY LN 824PEACE& PLENTY LN 740PEACE &PLENTY LN 762PEACE& PLENTY LN 792PEACE& PLENTY LN 834PEACE &PLENTY LN 114HAYVENHURST CT 116HAYVENHURST CT 625TOWNRUN LN 112HAYVENHURST CT 108HAYVENHURST CT110HAYVENHURST CT 106HAYVENHURST CT 102HAYVENHURST CT104HAYVENHURST CT 101NORWICH CT 100HAYVENHURST CT 100WESTCHESTER DR 103NORWICH CT 102WESTCHESTER DR 105NORWICH CT 583TOWNRUN LN 103WESTCHESTER DR 104WESTCHESTER DR TOWN RUN LNHAYVENHURST CT Application Sewer and Water Service A rea Parcels RP (Residential Per form ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 14, 2022 Stephens City VALLEY PIKETOWN RUN LNPEACE AND PLENTY LNSALEM CHURCH RD HAYVENHURST CT NATHAN DR §¨¦81£¤11 0 260 520130 FeetPE ACE AND PLENTY LNCUP # 13 - 22: Seven Bends NurseryPIN: 85 - A - 134Retailing Nursery Stock and Related ProductsZoning Map CUP #13-22 30 85 A 134 357SALEMCHURCH RD 289SALEMCHURCH RD 735PEACE &PLENTY LN 514PEACE &PLENTY LN 824PEACE& PLENTY LN 740PEACE &PLENTY LN 762PEACE& PLENTY LN 792PEACE& PLENTY LN 834PEACE &PLENTY LN 114HAYVENHURST CT 116HAYVENHURST CT 625TOWNRUN LN 112HAYVENHURST CT 108HAYVENHURST CT110HAYVENHURST CT 106HAYVENHURST CT 102HAYVENHURST CT104HAYVENHURST CT 101NORWICH CT 100HAYVENHURST CT 100WESTCHESTER DR 103NORWICH CT 102WESTCHESTER DR 105NORWICH CT 583TOWNRUN LN 103WESTCHESTER DR 104WESTCHESTER DR TOWN RUN LNHAYVENHURST CT Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 14, 2022 Stephens City VALLEY PIKETOWN RUN LNPEACE AND PLENTY LNSALEM CHURCH RD HAYVENHURST CT NATHAN DR §¨¦81£¤11 0 260 520130 FeetPE ACE AND PLENTY LNCUP # 13 - 22: Seven Bends NurseryPIN: 85 - A - 134Retailing Nursery Stock and Related ProductsLocation Map CUP #13-22 31 32 33 34 35 36 Peace & Plenty Ln/ Town Run Maps & Figures Land Use Proposal (Long-Term) Peace & Plenty Ln/ Town Run: Seven Bends Nursery -Long-Term Plans 1 37 Peace & Plenty Ln/ Town Run: Seven Bends Nursery -Long-Term Plans 2 Property Location Exit 307 These areas are now large housing developments Current Future Land Use plans state this may be zoned business Current Future Land Use plans state intent to pave this road This property is ideally located to serve new neighborhoods as their local garden store. It fits into the scope of current and future zoning plans. The county has already proposed plans to pave the southern half of Town Run. The current housing and the paving of this road would likely have more impact on traffic than the presence of this nursery. 38 The above are Approximate locations and sizes for Seven Bends Nursery We used other local nurseries for reference: -Hill House Native Plants (Castleton,VA) -Meadows Farms (Berryville Pike) -Mid Atlantic Native Plants (MD) -Anderson’s Nursery (Nearest in location) -Weber’s (Route 11) White= outline of property (13 acres) and current on-site road (584 ft) Grey= estimated location of powerline Orange= Setbacks (60ft roadsides-100ft back property) Purple shaded= Structure for office, checkout, and small store (2600 sqft) Yellow shaded= Pkg lot (20 cars, 4k sqft) Red= greenhouses (propagation and retail separate) (~3500 sqft) Dark blue = outdoor retail space [fenced in] (~1acre) Light Blue= water (creek ~700ft) and potential pond placement (~⅓ acre). Placed along topographical runoff. Planned shade will help keep water cool. Yellow= cleared space with selective preservation of trees. Will need some shade for shade plants. (~4 acres) Green Outline= Potential growing space (1240 ft perimeter, 2 acres)[fenced in] Shaded Green=Required wild propagation space and conservation area. Also serves as buffer for creek Property Sketch Peace & Plenty Ln/ Town Run: Seven Bends Nursery -Long-Term Plans 3 Species Restoration/ Seed Collection/ Conservation Area Pond Outdoor Retail Area Parking Growing Area Greenhouses Greenhouse Structure Existing Powerline Property Boundary Drainfield Carport Gate Gate FRONT OF NURSERY39 Peace & Plenty Ln/ Town Run: Seven Bends Nursery -Long-Term Plans 4 Topography Orange lines: 5 ft intervals Blue line: Creek 40 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Ranked for property 1B Berks channery silt loam, 3 to 8 percent slopes 3.3 2.5% 3B Blairton silt loam, 2 to 7 percent slopes 60.2 46.1% 4 (N, NE edge only) 3C Blairton silt loam, 7 to 15 percent slopes 6.9 5.2% 9B Clearbrook channery silt loam, 2 to 7 percent slopes 12.8 9.8% 3 (“conservation area”) 9C Clearbrook channery silt loam, 7 to 15 percent slopes 26.8 20.5% 2 (“conservation area”) 41B Weikert-Berks channery silt loams, 3 to 8 percent slopes 2.7 2.0% 41C Weikert-Berks channery silt loams, 8 to 15 percent slopes 15.8 12.1% 1 (all of primary development space) 41D Weikert-Berks channery silt loams, 15 to 25 percent slopes 2.2 1.7% Totals for Area of Interest 130.6 100.0% From USDA Web Soil Survey: https://websoilsurvey.sc.egov.usda.gov Peace & Plenty Ln/ Town Run: Seven Bends Nursery -Long-Term Plans 5 Soils 41 42 43 44 45 46 47 48 49 50 51 Planning Commission Agenda Item Detail Meeting Date: January 4, 2023 Agenda Section: Discussion Item Title: Discussion Regarding Staff Recommended Changes to the Development Review Fee Schedule Attachments: PC01-04-23ProposedDevelopmentReviewFeeSchedule.pdf 52 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 TO: Planning Commission FROM: John A. Bishop AICP, Assistant Planning Director RE: Development Review Fee Schedule DATE: December 28, 2022 The new draft of the Development Review Fee schedule as proposed by staff is attached. Changes are as follows: 1. Implementation of fees associated with permitting of Short-Term Lodging (also commonly known as Airbnb) 1. Permit $200 2. Permit Renewal $100 2. Reduction of bond management fees for replacement of bonds from $500 to $300. 3. Postponement of public meeting or public hearing by applicant after the item has been advertised. Increase from $500 to $750 to reflect actual cost of readvertisement more accurately. Staff is seeking a recommendation on these fees to the Board of Supervisors for their final adoption. Attachment MEMORANDUM 53 FREDERICK COUNTY DEVELOPMENT REVIEW FEES Revised - 9/29/2022 COMPREHENSIVE PLAN AMENDMENT $3,000 non-refundable REZONING $1,000 – Proffer amendments not requiring a public hearing $5,000 base + $100/acre – 2 acres or less $10,000 base + $100/acre More than 2, less than 150 $10,000 base + $100/acre first 150 + $50/acre over 150 acres SUBDIVISION Non-Residential $1,000 base Design Plan $200/lot Plat $100/lot Residential (RP, R4, R5) Design Plan $2,500/base $100/lot Plat $200/lot to 50 lots $100/lot over 50 lots Rural Areas (RA) Sketch (Design) $2,500 base $200/acre Plat $200/lot Rural Areas (RA) Minor – 3 lots or less $200/lot Lot Consolidation $200/lot Boundary Line Adj. $200/lot VARIANCE $400 BZA APPEAL $250 ZONING CERTIFICATION LETTER $250 ZONING DETERMINATION LETTER $100 SUBDIVISION ORDINANCE EXCEPTION $500 MASTER DEVELOPMENT PLAN $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation $75 Telecommunication Tower greater than 50-FT in height $750 Other $750 ADMINISTRATIVE TOWERS PER 165-204.19 Up to five facilities/structures $100 Each additional facility $50 Small Cell Facilities $50 Co-location on an existing wireless structure $50 SITE PLAN Non-residential: $2,500 base $200/acre to 5 acres $100/acre over 5 acres Residential: $3,500 base $300/unit to 20 units $100/unit over 20 units Minor Site Plan $500 for revision that increases existing structure area by 20% or less & does not exceed 10,000sf of disturbed area. POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after Advertisement, to include Applicant requests to TABLE an agenda item $750/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 Reduction/Release $ 300 Replacement $ 300 TDR PROGRAM TDR Application Review $300 (*Review includes TDR Letter of Intent) TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval $200 Review of Sending Property Deed Covenant $100 Review of Deed of Transfer (Extinguishment Document) $100 CHAPTER 161 FEES Installation License $300 Septic Haulers Permit $200 Residential Pump and Haul $50 Commercial Pump and Haul $500 SHORT-TERM LODGING (STL) Permit $200 STL Permit Renewals $100 54 Planning Commission Agenda Item Detail Meeting Date: January 4, 2023 Agenda Section: Other Title: Current Planning Applications Attachments: 55