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PC 10-19-22 Meeting Minutes 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. ------------- 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 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. 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 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