Loading...
PC 09-06-23 Meeting Minutes Frederick County Planning Commission Page 4053 Minutes of September 20, 2023 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 6, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: H. Paige Manuel, Shawnee District; Robert S. Molden, Opequon District; Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the September 6, 2023 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 Orndorff and seconded by Commissioner Triplett the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Orndorff and seconded by Commissioner Markert, the Planning Commission unanimously adopted the minutes from the July 5, 2023 meeting. ------------- Frederick County Planning Commission Page 4054 Minutes of September 20, 2023 COMMITTEES City of Winchester – Mtg. 09/05/23 Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the Commission held a work session and discussed the following: A CUP for a 48 unit mini-storage facility; a PUD rezoning of 1.9 acres on Jubal Early Drive; an ordinance to conditionally rezone 3.864 acres on Jubal Early Drive; an ordinance to rezone 2 acres on Roberts Street; and a resolution to the text on the zoning ordinance. Board of Supervisors – Mtg. 08/09/23 Supervisor Lockridge, Board of Supervisor Liaison, reported the Board denied a CUP for a dog kennel/breeding facility in Middletown that will be brought back to the Board on September 13th, and the NAICS was sent forward for public hearing. ------------ CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #08-23 for Yenisel Lambert submitted for a dog kennel and breeding facility. The property is located at 1900 Brucetown Road, Clear Brook, Virginia, and is identified with Property Identification Number 34-A-24I in the Stonewall Magisterial District. Action – Recommend Denial Kayla Peloquin, Planner I, reported this Conditional Use Permit (CUP) application is for a dog kennel and breeding facility. The +/-5.02-acre property is located at 1900 Brucetown Road in the Stonewall Magisterial District and is in the RA (Rural Areas) Zoning District. Ms. Peloquin shared a zoning map of the property. She continued; the Applicant proposes the following for this application: • Building a kennel facility on the western portion of the property • A maximum of two (2) litters per month with a cap of fifty (50) dogs on the property • Customers would visit the site by appointment only on Fridays, Saturdays, and Sundays not to exceed five (5) families per day. • Only members of the family helping with the kennel (not outside employees) Ms. Peloquin reported, the Zoning Ordinance (§165-101.02) defines a kennel as “A place prepared to house, board, breed, handle, or otherwise care for dogs for sale in return for compensation.” A kennel is an allowed use in the RA District with an approved CUP. She stated the property is within the Frederick County Planning Commission Page 4055 Minutes of September 20, 2023 Clear Brook and Brucetown Rural Community Center, for which “appropriate mixes of residential, commercial, and business uses” are encouraged by the Comprehensive Plan (pg. 15). Ms. Peloquin continued; a Category C Buffer is required to screen the kennel facility per the Additional Regulations for Specific Uses (§165-204.10). Staff visited the site and observed mature woodlands consisting of evergreen and deciduous trees and shrubs. A 50’ strip of mature woodlands may be allowed as a full screen (§165- 203.02(B)(2)) and this vegetation satisfies the buffer requirement to the northwest and south. Approximately 350’ of space from the proposed kennel location and a 6’ tall opaque fence satisfies the buffer requirement to the east. Ms. Peloquin presented the conditions of this CUP recommended by Staff: • All review agency comments and requirements shall be complied with at all times. • No employees not residing on the premises shall be permitted with this CUP. • All dogs must be confined to kennels indoors between the hours of 9:00 p.m. and 7:00 a.m. • New structures to be used as kennels will require building permits prior to being constructed. • One (1) monument style sign with a maximum sign area not to exceed 50 SF and 4’ in height is permitted. • An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Code and addressing additional regulations for specific uses contained in §165-204.10, shall be submitted to and approved by Frederick County prior to the establishment of the use. • Any expansion or modification of this use will require a new CUP. Commissioner Thomas asked if the self-imposed cap of 50 dogs would be enforceable. Mr. Pearson commented that a cap can be enforceable by adding it as a condition to the CUP. Commissioner Stowe inquired as to how the property is accessed. Ms. Peloquin stated it is a shared driveway that serves three residences. The Applicant, Ms. Yenisel Lambert came forward and shared her plan and story of how the kennel and dog breeding came about. Commissioner Kerns asked how many existing animals are on the property. Ms. Lambert shared there are approximately 100 various animals. She indicated the existing animals such as chickens, pigeons, emus, and goats are kept on the southern end of the property near the wooded area and each animal has a place in a shed or coop. She continued, her current dogs (8 females and 3 males) stay in an air conditioned and heated shed or in the house. Planning Commissioners expressed concerns that the property may become overcrowded with the number of animals. Ms. Lambert responded that the property is 5 acres, and the new kennel building would be fairly large, and the dogs would have a separate fenced in area for exercise. It was discussed the amount of space each adult dog would need in the kennel, particularly for a standard size poodle. The Applicant was asked if she would agree to a cap on the number of dogs being part of the conditions of this CUP. Ms. Lambert agreed to reducing the cap of the adult dogs. Commissioner Stowe asked where the Applicant disposes of the waste from the dogs and how often. Ms. Lambert responded that the waste is taken to the landfill weekly. Commissioner Brannon asked how often the females are bred and if it will be in conformance with guidance from the American Kennel Club. Ms. Lambert stated the female dogs would not be continuously bred, and that they would have significant breaks between litters. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two citizens, Laura Friedman and Gary Nolder, came forward and shared their concerns with this application. They raised concerns over the number of animals currently on the property, and how Frederick County Planning Commission Page 4056 Minutes of September 20, 2023 all of the proposed animals will be taken care of. They were also concerned about the potential for more noise, traffic, and animal odors that could occur and feel this would adversely impact the neighbors. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas commented that if this is a high-end breeding facility, the 1,400-sf building will not be adequate. He feels the need to severely limit the number of dogs. Commissioner Orndorff stated he has not heard any answer from the Applicant to questions that are direct answers. Upon a motion made by Commissioner Orndorff and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend denial of Conditional Use Permit #08-23 for Yenisel Lambert submitted for a dog kennel and breeding facility. The property is located at 1900 Brucetown Road, Clear Brook, Virginia, and is identified with Property Identification Number 34-A-24I in the Stonewall Magisterial District. (Note: Commissioners Molden, Manuel, and Aikens were absent from the meeting). ------------- INFORMATION/DISCUSSION Ordinance Amendments – Home Occupation, Accessory Dwellings, and MDP’s M. Tyler Klein, Senior Planner, reported and noted the DRRC discussed this item on July 27, 2023 and set it forward to the Planning Commission. Home Occupations (§165-101.02) This is a proposal to amend the definition for “home occupations” to allow qualifying home occupations to operate in a detached accessory building in the RA (Rural Areas) Zoning District. Accessory Dwellings (§165-201.05(B)) This is a proposal to amend the “secondary or accessory uses” section to establish a new minimum square footage (SF) allowance for accessory dwellings of 500 SF, or 25% of the gross floor area, whichever is greater. Master Development Plans (§165-801.06(A)) and (§165-801.08) This is a proposal to clean up the above section to reflect the County’s adopted submission procedures for master development plans (MDP) and to remove remaining reference to public meeting requirements prior to MDP approval. Other Minor Amendments (multiple) This is a proposal to amend §165-101.02 (Definitions) to remove and update language that does not conform to state and federal definitions for “intellectually or developmentally disabled person.” A separate proposal updates word usage where “principle” is used incorrectly (§165-608.05) instead of “principal” when referring to a primary structure. Frederick County Planning Commission Page 4057 Minutes of September 20, 2023 The primary discussion by the Planning Commission regarding “accessory dwellings” and what did or did not qualify as a dwelling. The Planning Commission unanimously supported sending the proposed text amendments forward. 2023-2028 Capital Improvement Plan (CIP) This is a minor update to the CIP transportation section to clearly identify projects or components of projects that are under application with the Virginia Department of Transportation for funding under the Revenue Sharing Program and the Transportation Alternatives Program. The CIP is a prioritized list of capital projects requested by various County department and agencies. The Plan is created as an informational document to assist in the development of the County’s annual budget. If adopted, the CIP is based on the Comprehensive Plan. John A. Bishop, Assistant Director, reported Staff has updated/added the following items in support of County funding applications under the VDOT Revenue Sharing and Transportation Alternatives Programs: • Update cost on Project 16: Route 11 at Shawnee Drive widening and intersection improvements. • Addition of projects 27, 28, and 29 o Warrior Drive Pedestrian Improvements o Valley Mill Road Pedestrian improvements o Inverlee Way Pedestrian Improvements Mr. Bishop presented graphics of the items listed. He concluded the Transportation Committee reviewed this item on August 28th and recommended approval. This item was unanimously sent forward by the Planning Commission to the Board of Supervisors with a favorable consensus. ------------- OTHER Wyatt G. Pearson, Director, reported the following items are currently being reviewed by the Planning Department: A site plan for public radio; a site plan for Carmeuse; and a change to the By - Laws for the Planning commission. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Orndorff and unanimously passed. The meeting was adjourned at 8:05 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary