HomeMy WebLinkAboutPCMinutes2024February21
Frederick County Planning Commission Page 4094
Minutes of February 21, 2024
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 February 21, 2024.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Opequon District;
Robert S. Molden, Opequon District; Justin Kerns, Stonewall District; Elizabeth D. Kozel, Shawnee
District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Betsy Brumback, Back
Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Roderick B.
Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator;
M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Stowe called the February 21, 2024 meeting of the Frederick County Planning
Commission to order at 7:00 p.m.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel,
the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to add
item 2A, Resolution of Appreciation for John Jewell.
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COMMITTEES
Comprehensive Plans and Programs Committee – Mtg. 2/12/24
Commissioner Triplett reported the Capital Improvement Plan was discussed and it is being
presented on tonight’s agenda.
Frederick Water – Mtg. 2/21/24
Commissioner Brumback reported the Board approved the Inter-County Service Area and
associated Availability Fees and Supplemental Base Rates. The FY2025-2034 Capital Improvement Plan
was adopted. A January operations report was shared as well.
Transportation Committee – Mtg. 1/22/24
Chairman Stowe reported the Committee was presented with and discussed the following:
Route 37 Study update; Winchester Frederick Metropolitan Planning Organization Transit Study; Capital
Improvement Plan update; and the Virginia Byway Designation Request for Wardensville Pike (Route 55).
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CITIZEN COMMENTS
Chairman Stowe 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 Stowe closed the public comments portion of the meeting.
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PUBLIC HEARINGS
Ordinance Amendment to the Frederick County Code – Home & Cottage Occupations
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a proposal to amend regulations for Home
Occupations and Cottage Occupations to address stated concerns from Board members, the Planning
Commission, and the public about operating a home or cottage occupation. He shared the current standard
for Home Occupation and Cottage Occupation:
• Home Occupation – an occupation or profession customarily carried out fully
within a dwelling unit, with no employees (except those residing on the premise)
and limited to less than five (5) customers per day; a by-right use.
• Cottage Occupation – an occupation or profession customarily carried out within
a dwelling unit or an accessory building/structure, with no more than one(1)
employee (except those residing on the premise) and serving (5) or more customers
per day; a conditional use requiring a CUP.
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Mr. Klein presented the proposed changes for Home Occupations and Cottage
Occupations:
• Home Occupations (proposed changes)
o Conducted in principal dwelling or detached structure (RA District Only)
o Clearly incidental and secondary to the use of the residence
o Produces no offensive noise, vibrations, smoke, dust, etc.
o No more than five (5) people, not residing on the premises are permitted
per day (customers and/or employees)
o One (1) commercial vehicle
• Cottage Occupations (proposed changes)
o Conducted in principal dwelling or detached structure
o Clearly incidental and secondary to the use of the residence
o Allows for up to ten (10) people, not residing on the premises, including
customers and/or employees
o One (1) or more commercial vehicles
Commissioner Brannon commented she likes these changes as it will assist small
businesses getting started.
Chairman Stowe 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 Stowe closed the public
comment portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the Ordinance Amendment to the Frederick County Code – Home & Cottage Occupations.
Ordinance Amendment to the Frederick County Code – Accessory Dwellings, Master Development
Plans, and Definitions
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a proposal the amend definitions to the
Frederick County Zoning Ordinance, Chapter 165: amend supplementary use requirements for accessory
dwellings; amend setback and yard requirements for the EM (Extractive Manufacturing) Zoning District;
and to amend development plans and approvals for Master Development Plans (MDPs).
• Accessory Dwellings (§165-201.05)
o 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.
o Presently, accessory dwellings are permitted up to 25% of the primary
dwelling.
• Master Development Plans (§165-801)
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o This is a proposal to amend the section to reflect the County’s adopted
submission procedures for Master Development Plans (MDP) and to
remove remaining references to public meetings requirements prior to
MDP approval.
o The ordinance was amended in 2021 to remove public meeting
requirements for MDPs.
• Other Minor Amendments (multiple)
o 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 persons.
o A separate proposal updates word usage where “principle” is used
incorrectly (§165-608.05) instead of “principal” when referring to a
primary structure.
Chairman Stowe 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 Stowe closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Kerns
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of an Ordinance Amendment to the Frederick County Code – Accessory Dwellings, Master Development
Plans, and Definitions.
Ordinance Amendment to the Frederick County Code – Telecommunication Facilities
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a proposal to amend the supplementary use
regulations for commercial telecommunication facilities to modify the criteria for a setback waiver by the
Board of Supervisors (§165-204.19(C)(3)(a)). Presently the Board may reduce the setback proportional to
the height of the tower and reduce to no less than ½ the distance of height of the wireless facility or wireless
support structure. Mr. Klein share the proposed language:
• The Board may reduce the required setback distance for the wireless facility or
wireless support structure as required by §165-201.03B(8) of this Code if the
Applicant submits sufficient documentation, certified by a registered Virginia
professional engineer, that, in the event of a collapse of the wireless facility or
wireless support structure, the collapsed wireless facility or wireless support
structure will be contained in a fall zone that does not extend into the area of the
proposed reduced setback, measured from the center line of the base of the wireless
facility or wireless support structure. The setback distance shall not be reduced to
less than half the distance of the height of the wireless facility or wireless support
structure if the adjoining property is zoned for residential use or if the principal use
of the adjoining property is a residence.
Planning Commission members expressed concerns with how the fall zones are
engineered, and requested more information regarding what standards engineers follow to ensure a
telecommunication monopole collapse within a fall zone during high wind events. Two (2) individuals
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spoke in support of the proposed amendment, noting that telecommunication facilities were critically
important to the community and setback waivers should be allowed on a case-by-case basis.
Chairman Stowe 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 Stowe closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Brannon
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of an Ordinance Amendment to the Frederick County Code – Telecommunication Facilities.
Conditional Use Permit #06-23 for Diamond Communications, LLC (I-81 Mini Storage LLC)
Action – Recommend Approval
Mark R. Cheran, Zoning and Subdivision Administrator, reported this application is
submitted to construct a 135’ monopole-type commercial telecommunication tower. The property is
located at 127 Mercedes Court, Winchester, Virginia and is identified with Property Identification Number
(PIN) 43-A-52 in the Stonewall Magisterial District. He shared a zoning map and location map of the
property. Mr. Cheran continued, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible
collocation structures. The Applicant has provided an inventory of existing telecommunication facilities
and alleges no other telecommunication facility or viable collocation structures exist in this area. He noted,
should this facility be approved this commercial telecommunication facility could be positioned to provide
the existing and future land uses in this area of the County with telecommunication needs.
Mr. Cheran shared; the Frederick County Zoning Ordinance allows for commercial
telecommunication facilities in the B3 (Industrial Transition) Zoning District with an approved Conditional
Use Permit (CUP). This property is located within the Urban Development Area (UDA) and Sewer and
Water Service Area (SWSA) as identified within the Comprehensive Plan and is located within the Eastern
Frederick County Long Range Land Use Plan. The Comprehensive Plan identifies this area of the County
to remain commercial/industrial in nature. He noted, the Applicant is requesting a waiver to reduce the
required setback as set forth in Section §165-204.19 of the Zoning Ordinance. This proposed commercial
telecommunication tower will require two (2) setback waivers (the side South and rear East). Mr. Cheran
presented the following conditions recommended by Staff:
1. All review agency comments shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months
of the approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use
Permit.
Planning Commission members raised questions regarding tower and foundation failure,
and the mechanics insuring this does not happen. Mr. Shumak and Mr. Doolittle, on behalf of the applicant,
explained the logistics involved.
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Chairman Stowe 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 Stowe closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #06-23 for Diamond Communications, LLC (I-81 Mini Storage LLC).
Conditional Use Permit #07-23 for Diamond Communications, LLC (RLC Management, Inc.)
Action – Recommend Approval
Mark R. Cheran, Zoning and Subdivision Administrator, reported this is an application
submitted to construct a 185’ monopole-type commercial telecommunication tower. The property is
located at 178 Rivendell Court, Winchester, Virginia and is identified with Property Identification Number
(PIN) 42-A-198N in the Stonewall Magisterial District. He shared a zoning map and a location map of the
property. Mr. Cheran continued, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible
collocation structures. The Applicant has provided an inventory of existing telecommunication facilities
and alleges no other telecommunication facility or viable collocation structures exist in this area. He noted,
should this facility be approved this commercial telecommunication facility could be positioned to provide
the existing and future land uses in this area of the County with telecommunication needs. The Zoning
Ordinance allows for commercial telecommunication facilities in the B2 Zoning District with an approved
Conditional Use Permit (CUP).
This property is located within the Urban Development Area (UDA) and Sewer and Water
Service Area (SWSA) as identified within the Comprehensive Plan and is located within the Eastern
Frederick County Long Range Land Use Plan. The Comprehensive Plan identifies this area of the County
to remain commercial/industrial in nature. He noted, the Applicant is requesting a waiver to reduce the
required setback as set forth in Section §165-204.19 of the Zoning Ordinance. He noted, the front South
and North will require the two (2) setback waivers. Mr. Cheran presented the following conditions
recommended by Staff:
1. All review agency comments shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months
of the approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use
Permit.
Chairman Stowe 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 Stowe closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Thomas and seconded by Commissioner Aikens
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BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #07-23 for Diamond Communications, LLC (RLC Management, Inc.).
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INFORMATION/DISCUSSION
2024-2029 Capital Improvement Plan (CIP)
Wyatt G. Pearson, Director, reported the CIP is a document that consists of a schedule of
major capital expenditures for the County for the ensuing five-year period. The Comprehensive Plan and
the CIP are intended to be mutually supportive. He explained, CIP projects serve as input into the Capital
Impact Model, which calculates the cost of new development in the County and suggests an appropriate
cash proffer amount. Mr. Pearson continued, while the program serves as a long-range plan, it is reviewed
and revised annually based on current circumstances and opportunities. This year departments were advised
to ensure projects were achievable with the plans horizon (FY29) and anything outside the next fiv e years
was not included in the draft plan. He noted, County Administration and Finance are conducting a high-
level debt affordability analysis which may be included in the plan prior to adoption by the Board. He
shared the overall projects by department. Mr. Pearson concluded; Staff is seeking a recommendation to
forward to the Board of Supervisors on the draft 2024-2029 CIP.
Chairman Stowe commented that the CIP presentation is well done. Commissioner
Thomas commented with all the Parks and Recreation projects listed he thinks there should be an aquatic
center.
With a favorable consensus the Planning Commission recommended the 2024-2029
Capital Improvement Plan (CIP) be sent forward to the Board of Supervisors.
OTHER
Wyatt G. Pearson, Director, reported there are site plans under review for Frito Lay
Distribution Center, Car Credit Nation, Shockey Manufacturing Conversion facility, and Winchester
Townhomes. He noted the annual report has been prepared and published.
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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 Aikens and unanimously
passed. The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
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Wyatt G. Pearson, Secretary
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