PC 04-19-17 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
April 19, 2017
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) March 1, 2017 and March 15, 2017 Meeting Minutes ................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #05-17 for Virginia Preferred Properties, for an indoor
commercial recreation/private gym facility. The property is located at 351 Victory Road,
Winchester, Virginia and is identified with Property Identification Number 64-A-80D in the
Shawnee Magisterial District.
Mr. Cheran ....................................................................................................................... (B)
6) Conditional Use Permit #06-17 for Thomas E. Jeffries, for an indoor commercial
recreation/softball training facility. The property is located at 291 Independence Drive,
Winchester, Virginia and is identified with Property Identification Number 64-11-16 in the
Shawnee Magisterial District.
Mr. Cheran ....................................................................................................................... (C)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
Frederick County Planning Commission Page 3415
Minutes of March 1, 2017
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 March 1, 2017.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; William H. Cline, Stonewall District;
Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin Kenney, Gainesboro
District; Charles E. Triplett, Gainesboro District; Charles F. Dunlap, Red Bud District; Christopher M.
Mohn, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision
Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the March 1, 2017 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Thomas and seconded by Commissioner Kenney,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the minutes from the January 4, 2017 meeting.
Frederick County Planning Commission Page 3416
Minutes of March 1, 2017
COMMITTEE REPORTS
Frederick County Sanitation Authority (FCSA) – Mtg. 02/21/17
Commissioner Unger reported the FCSA Board held a public hearing to receive
comments on the FY 2018-2027 Capital Improvement Plan for FCSA. He explained the 10 year plan has
56 projects, with a total cost of $71 million. Commissioner Unger highlighted two projects with the most
significance: Re-Located Anderson Water Treatment Plan; Opequon Water Supply Plan. Commissioner
Unger noted these two projects will enable FCSA to expand its water provisions to meet the water
demands of the growing community. Commissioner Unger reported: total customer base for water
15,151; total customer base for sanitary 14,659; rainfall for the month 3.58”; water productio n at the
Diehl plant 1.705 MGD; water production at the Anderson plant 1.548 MGD; purchases from the City of
Winchester 1.969 MDG; daily average 5.22 MGD.
Development Review and Regulations Committee (DRRC) – Mtg. 02/23/17
Commissioner Kenney reported the committee continued discussion on permitted and
conditional uses, supplemental regulations and definitions of new uses in the RA (Rural Areas) Zoning
District. A discussion was also held on the reduction of the required setbacks for accessory structures on
private right-of-ways as noted by Commissioner Kenney.
Transportation Committee – Mtg. 02/27/17
Commissioner Kenney reported VDOT presented a SmartScale update. Commissioner
Kenney continued, the committee also discussed the MPO Draft work program and Mr. John Bishop
presented updates on County projects.
City of Winchester – Mtg. 02/21/17
Commissioner Wolfe, Winchester City Planning Commission Liaison, reported a CUP
for Long Ridge Cigars, LLC to establish a private club was approved by the Commission.
Board of Supervisors Report – Mtg. 02/22/17
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved
Reliance Road truck restriction in agreement with Warren County.
CITIZEN COMMENTS
Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting.
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Frederick County Planning Commission Page 3417
Minutes of March 1, 2017
PUBLIC HEARING
Conditional Use Permit #10-16 for William Conley submitted for a cottage occupation-furniture
repair shop. The property is located at 5738 North Frederick Pike (Route 522 North) and is
identified with Property Identification Number 19-A-25D in the Gainesboro Magisterial District.
Action – Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator reported this application is for a
cottage occupation – furniture repair shop and is located on North Frederick Pike (Route 522 North) and
is zoned RA (Rural Areas) District and the land use is Residential. Mr. Cheran continued, the Frederick
County zoning ordinances allow a cottage occupation in the Rural Areas zoning District with an approved
CUP (Conditional Use Permit). Mr. Cheran explained this proposed cottage occupation will be for a
furniture repair business located within an attached garage approximately 21’x 25’ in area. Mr. Cheran
concluded Staff recommends the following conditions:
1. All review agency comments shall be complied with at all times.
2. No retail sales shall be permitted.
3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m.
4. No employees other than those residing on the property.
5. One cottage occupation sign is permitted.
6. Any expansion or change of use shall require a new conditional use permit.
Commissioner Thomas asked if this business has been in operation at this location for
some time. Mr. Cheran explained that is correct; this came to the Planning Department as a zoning
violation and to resolve the violation the CUP has been brought forth. Commissioner Thomas asked the
applicant if he understood and agrees to all of the conditions presented by Staff. Mr. Conley, the
applicant stated he understands the conditions and Staff have explained them well.
Chairman Wilmot 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 Wilmot closed t he public
comment portion of the hearing.
Upon motion made by Commissioner Kenney, and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommen d
approval of Conditional Use Permit #10-16 for William Conley, submitted for a cottage occupation-
furniture repair shop. The property is located at 5738 North Frederick Pike (Route 522 North) and is
identified with Property Identification Number 19-A-25D in the Gainesboro Magisterial District.
(Note: Commissioners Oates, Ambrogi, and Manuel were absent from the meeting)
Frederick County Planning Commission Page 3418
Minutes of March 1, 2017
Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless
Commercial Telecommunication Facility – submitted to construct a wireless telecommunications
consisting of a 195 foot telecommunication monopole tower with supporting equipment in a fenced
compound. The property is located at Bowman Library at 871 Tasker Road and is identified with
Property Identification Number 75B-A-1 in the Shawnee Magisterial District.
Action – Recommend Denial
Mark A. Cheran, Zoning and Subdivision Administrator reported this proposed 195 foot
monopole-type commercial telecommunication facility is located on a 16+/- ac property that is zoned RP
(Residential Performance) District. He continued the property is located within the UDA and SWSA as
identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. Mr.
Cheran noted these plans identify this area to remain residential in character. Mr. Cheran explained the
Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP
(Residential Performance) Zoning District with an approved Conditional Use Permit (CUP).
Mr. Cheran reported the Applicant is requesting a waiver to reduce the required setback
as permitted by the Zoning Ordinance and should this waiver be granted, the result will be a 73’ setback
reduction. Mr. Cheran noted this proposed telecommunication tower is required to be setback from the
property line 200 ft. Mr. Cheran presented a locations map of the property and the site of the pole.
Mr. Cheran concluded should the Planning Commission find this use appropriate, Staff
recommends the following conditions:
1. All review agency comments shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services
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 of change of use shall require a new Conditional Use Permit.
Mr. Cheran noted, in addition should the Planning Commission find the waiver to the
required setback acceptable; a motion to recommend approval of setback reduction of 73’ to allow the
tower to be 127’ from the identified property would be appropriate.
Commissioner Unger asked what the reason the Applicant is in need of a waiver. Mr.
Cheran explained the site for the tower is close to the property line.
Mr. Ed Donahue, local council for Shentel came forward. He noted Lynn Koerner would
be explaining the site acquisition process, and the setback waiver. Mr. Donahue also mentioned Mr.
Chris Sahr of Shentel who is a senior RF (radio frequency) engineer that would explain the propagation
maps, the need for the tower, and how the site fits within the network.
Frederick County Planning Commission Page 3419
Minutes of March 1, 2017
Mr. Lynn Koerner, site acquisition consultant with Shentel came forward. Mr. Koerner
began by giving a brief overview of how Shentel decided on this location. Mr. Koerner presented
mapping that reflected the existing tower sites closest to the target area which included: Sherando High
School; the old Armel School on Route 522 South; Hockman property; Exxon Station at Stephens City.
He noted the objective is to get a tower in the middle which will off load the other sites and provide the
necessary coverage in the middle of the area. Mr. Koerner continued the water tank at FCSA was looked
at as a possible location; however there is an installation on the water tank; the option to rebuild this
installation will not work for this project after extensive testing ha d been completed. Mr. Koerner
reported another site that was considered was the CVS/Handy Mart at the intersection of Tasker Road and
Warrior Drive; it was determined this location was not tall enough to place antennas high enough to clear
the trees to provide the necessary coverage. After discussions with Frederick County a site was
considered for Sherando Park, however that site was determined to be not feasible for this project. Mr.
Koerner stated a property on Land Grant Lane was looked at and the property owner is in the process of
planning to build a home in the spot the tower would need to be placed. Mr. Koerner noted they also
spoke with FCSA in regards to the location at Lakeside Drive and the collection pond which was also not
feasible due to a deed restriction; and the property across from the library, the owners are not interested in
leasing the property.
Mr. Koerner reported after exhausting all the mentioned sites he then approached
Frederick County and formally asked if the County would be interested in leasing the property at the
Bowman Library; a lease was negotiated and presented to the Board of Supervisors. Mr. Koerner
continued balloon testing was completed on the site at which time he presented various photos of the
proposed tower from different locations where it would be visible. Mr. Koerner reported a community
meeting was held on January 17, 2017 at the Bowman Library which resulted in very good discussion. In
regards to Commissioner Unger’s question why it is being moved back; he explained between where the
proposed tower site and the fence there is a sanitary line that goes through the area that they want to make
sure remains protected.
Commissioner Mohn inquired is this tower to improve service or provide service. Mr.
Koerner noted he would let Mr. Chris Sahr address that question.
Commissioner Thomas noted the topography slopes in that area towards Lakeside Drive,
therefore the waiver is from the rear property line in and unoccupied area; on the eastern side towards
Lakeside Drive should the tower ever collapse would there be provisions or insurance from the engineer
that it would not end up falling on Lakeside Drive or rolling into Lakeside Drive with a monopole tower
that would have the ability to go down the slope. Mr. Koerner explained the engineer report that has
been provided with the application notes the tower will be designed to collapse within about 73’.
Commissioner Thomas noted that is part of his concern, and will there be a barrier to keep it from rolling
to Lakeside Drive should it collapse. Mr. Koerner stated a barrier is not being designed at this time
however that can be addressed and research will be done if necessary.
Commissioner Kenney inquired was the feedback at the community meeting
positive/negative. Mr. Koerner noted there were comments regarding health effects, the eco system, and
real estate values.
Mr. Chris Sahr, a RF Engineer for Shentel came forward to speak as to why Shentel
would like to put a tower at the Bowman Library. Mr. Sahr presented mapping depicting each Shentel
customer as of 2015 in the Lakeside area. He noted there are quite a few customers in this area in need of
improved service and it is a concentrated area. He noted the goal of Shentel is to improve service in this
Frederick County Planning Commission Page 3420
Minutes of March 1, 2017
area and by placing the tower at the Bowman Library would improve the service to over 2,000 customers
in the localized area.
Mr. Donahue commented regarding the community meeting; evidence supports there are
no real effects on property values when placing a tower. He shared information that the FCC provided
and Shentel must be in compliance at all times.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. James Sylvester of 102 Lakeside Drive, in the Shawnee Magisterial District came
forward. Mr. Sylvester shared his displeasure of the proposed cell tower. He cited many concerns to
include: deed conveyance; harm to the eco-system at the lake; an eyesore for the entire Lakeside area;
harmful health impacts; and too close to the Bowman Library.
Chairman Wilmot commented there are a number of things involved with this application
and the Planning Commission has a specific layer of it and it’s their job to find out whether or not this
proposal meets the requirements of the telecommunications laws and the other is to determine if this is a
good land use.
Mr. Michael Roma of 106 Lakeside Drive came forward and expressed his opposition of
the proposed cell tower based on the area being designated residential and the health risks it could
impose.
Ms. Maya White Sparks of the Lakeside area came forward and noted she strongly
opposes the proposed cell tower for many reasons: it could destroy the beauty and integrity of green
space within the community; the disruption of delicate wetlands environment; un welcoming eye sore;
potential health risks; the library staff will be exposed daily to an industrial scene and unhealthy
frequencies; cell tower safety hazards such as a collapse. She concluded by asking the Planning
Commission to hold fast to the vision that they have developed.
Ms. Treasa Vogel came forward noting she is a long-term volunteer of the Stewardship of
Virginia Adopt-A-Stream program and the Lakeside Lake has been a part of the Department of
Conservation and Recreation Adopt-A-Stream for over a decade. Ms. Vogel continued her purpose in
coming today is to express her concern regarding the CUP for the cell tower. She reiterated many of the
same concerns as others: ill health impacts; property values, and an eye sore to the community.
Ms. Ruth Jimenez came forward with sign language interpreter Genie Searcy. She
expressed her concerns with the cell tower. Ms. Jimenez stated she has three children and is concerned
with what their generation will face with this cell tower. She continued; she worries about radiation, the
environmental effects, and health impacts for the future generation.
Ms. Dana Harman-Keith came forward with sign language interpreter Genie Searcy and
expressed her concerns. She explained she moved here to get away from the city. Ms. Harman-Keith
continued she understands poor cell service and the option is there to change cell providers. She is also
concerned with the level of radiation that will be present; placement is too close to the library; many
health concerns. Ms. Harman-Keith concluded that Shentel should try to find an area that is less
populated for the placement of a cell tower.
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Minutes of March 1, 2017
Mr. Tim Davis of 104 Lakeside Drive commented he purchased his home in 1990 for the
view it presented. He continued he would not purchase there if a cell tower were in place. He is
concerned and completely opposes the tower.
Mr. Leo Smith came forward in opposition of the cell tower. He commented if there is
poor cell service change providers to one that can accommodate.
Mr. Ed Donahue addressed the title/deed issue; this has been answered and satisfied with
the County Attorney. He noted environmental test have been performed and came back clean.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Commissioner Thomas reminded the Planning Commission to keep in mind the Planning
Commissions responsibility is to determine whether from a land use planning perspective particular uses
are suitable to the County’s Comprehensive Plan. He noted cell towers have been controversial in the
past and due to demands we need to have them. He asked everyone to look at our Comprehensive Plan,
Ordinances, Zoning requirements, and determine if this particular use is compliant with our other
ordinances and uses in the area.
Commissioner Mohn commented ownership aside, land use compatibility is an issue and
we have an obligation to be sure that where these facilities are placed “fit” within the broader community.
He continued this tower is right in the heart of a residential area and near a prominent public site.
Commissioner Mohn noted he understands the reasoning of Shentel however he views this as an
incompatible use at this location.
Commissioner Thomas made a motion to recommend approval; there was not a second to
the motion.
Upon motion made by Commissioner Mohn, and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial of
Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless Commercial
Telecommunication Facility – submitted to construct a wireless telecommunications consisting of a 195
foot telecommunication monopole tower with supporting equipment in a fenced compound. The property
is located at Bowman Library at 871 Tasker Road and is identified with Property Identification Number
75B-A-1 in the Shawnee Magisterial District.
YES: Wilmot, Unger, Marston, Cline, Molden, Kenney, Triplett, Dunlap, Mohn
NO: Thomas
(Note: Commissioners Oates, Ambrogi, and Manuel were absent from the meeting)
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Frederick County Planning Commission Page 3422
Minutes of March 1, 2017
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Mohn to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously
passed. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3423
Minutes of March 15, 2017
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 March 15, 2017.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek
District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin Kenney,
Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney.
ABSENT: Gary R. Oates, Stonewall District; Christopher M. Mohn, Red Bud District; Greg L. Unger,
Back Creek District; Charles F. Dunlap, Red Bud District; Robert S. Molden, Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler
Klein, Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the March 15, 2017 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the minutes from the February 15, 2017 meeting.
Frederick County Planning Commission Page 3424
Minutes of March 15, 2017
COMMITTEE REPORTS
City of Winchester – Mtg. 03/04/17
Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the
Commission reviewed the text for the zoning ordinance and renewed two permits for mobile classrooms.
Board of Supervisors Report – Mtg. 03/08/17
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved
REZ #02-17 for Express Oil & Tire. Supervisor Dunn noted the MDP’s for Southern Hills and Freedom
Manor appear to be on schedule.
CITIZEN COMMENTS
Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter-Lewis, P.L.C., to revise proffers
associated with Rezoning #05-09. This revision seeks to remove a proffer which currently prohibits
fast food restaurants with drive through service windows. The properties are located at the
northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties
are identified with Property Identification Numbers 64A-4-20, in the Shawnee Magisterial District.
Action – Recommend Approval
Candice E. Perkins, Assistant Director, reported this application is to amend the proffers
from REZ #05-09 for 2.85 acres of land. She continued this minor proffer amendment proposes to
remove a proffer which currently prohibits fast food restaurants with drive through service windows. Ms.
Perkins reported if approved the site would permit the construction of fast food restaurants with drive
through service windows if all other requirements are met and all other proffers remain the same. Ms.
Perkins presented the GDP and mapping of the property. She explained the approved proffer currently
limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any
hour. Ms. Perkins noted that a fast food restaurant with a drive through would max out the hourly trip cap
which would leave the remainder of the property undevelopable.
Commissioner Thomas inquired if this application is approved and a fast food restaurant
is built with the 200 trips per hour max; then a year from now they want to put a doctor’s office on the
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Minutes of March 15, 2017
site, how can the trips be monitored. Ms. Perkins explained this is based on the ITE manual for that
specific use, therefore if something else were to be placed on the site they would have to come back
through the rezoning process.
Mr. John Lewis of Painter-Lewis P.L.C., representing the Applicant came forward and
noted he did not have anything additional to add from the previous meeting.
Mr. Josh Phelps, the Co-Applicant came forward. He explained when they purchased
this property in 2005 the economy was doing well then in 2008 the downward spiral happened; they have
been sitting on this property since that time. Mr. Phelps continued they have been approached by a
potential buyer who wants to put a drive through window restaurant on the property. Mr. Phelps reported
the most interested party (which is a very established business) provided statistics that reflect a max of
170 trips per hour in major metropolitan areas such as Charlotte NC and Atlanta GA. Mr. Phelps
concluded they would like to sell the property and invest the proceeds in their business Winchester Metals
which is in need of expansion.
Chairman Wilmot 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 Wilmot closed the public
comment portion of the hearing.
Upon motion made by Commissioner Manuel, and seconded by Commissioner Ambrogi
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter-Lewis, P.L.C., to revise
proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which currently
prohibits fast food restaurants with drive through service windows. The properties are located at the
northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties are
identified with Property Identification Numbers 64A-4-20, in the Shawnee Magisterial District.
(Note: Commissioners Mohn, Unger, Oates, Dunlap, and Molden were absent from the meeting)
Conditional Use Permit #02-17 for Salvatore Carrano submitted for a rooming house (AirBnB).
The property is located at 132 Seabreeze Lane, Winchester and is identified with Property
Identification Number 54I-7-1-90 in the Shawnee Magisterial District.
Action – Recommend Approval
M. Tyler Klein, Planner, reported this property is located at 132 Seabreeze Lane in
Winchester, in the Red Bud District, currently zoned RP (Residential Performance), and the current land
use is Residential. He noted this is a single family attached townhome. Mr. Klein explained the proposed
use is an AirBnB rental with one bedroom being designated as a short term rental for out of town guests.
Mr. Klein presented mapping of the site; noting the townhome is an end unit, has a fenced back yard, and
is surrounded by like properties including open space and other single family attached townhomes.
Mr. Klein reported this application is in response to a zoning violation complaint received
by Staff. Mr. Klein continued a rooming house is a permitted use in the RP (Residential Performance)
Zoning District with an approved CUP. Mr. Klein explained this proposed use will take place within a
three bedroom, 2.5 bath townhome with one room being rented at any given time. He noted the Applicant
Frederick County Planning Commission Page 3426
Minutes of March 15, 2017
has two dedicated parking spaces for his unit, and has a dedicated rental room and kitchenette in the walk-
out basement reserved for AirBnB guests. Mr. Klein also noted the Applicant obtained a Certificate of
Occupancy from the Building Inspections Department for a bedroom in the basement and additional
visitor parking spaces are also available in the immediate vicinity of the unit.
Mr. Klein reviewed the conditions of this CUP:
1. All review agency comments shall be complied with at all times.
2. No more than one room rented at any given time.
3. No employees, other than those residing on the premise, are allowed with this
use.
4. No signage allowed with this use.
5. Any expansion or change of use shall require the approval of a new CUP.
Commissioner Thomas inquired what is meant by short term rental. Mr. Klein explained
short term rental is defined in the zoning ordinance as less than 30 days.
Commissioner Marston asked how many people will be permitted to stay in the room.
Mr. Klein noted the Certificate of Occupancy allows for up to two (2) people.
Commissioner Kenney requested explanation of the violation that was reported. Mr.
Klein explained someone called in December 2016; Staff investigated the situation at which time the
owner was notified he would need a CUP to be in compliance. Mr. Klein noted the owner has done
everything asked of him by Staff to be in compliance to include obtaining a Certificate of Occupancy
required by the Inspections Department.
The Applicant, Mr. Salvatore Carrano, made brief remarks, noting he had a former
AirBnB guest and neighbor/Homeowner Association (HOA) President in attendance in support of the
application. Mr. Carrano noted he was the only resident of the property, lived at the property full -time
and was generally home when AirBnB guest were present. Further, Mr. Carrano noted he a bides by the
rules set forth by AirBnB and all guest were required to submit their driver’s license and information
through the AirBnB website.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Curtis Briggs, President of the HOA and neighbor spoke in support of the
application, noting the HOA has no objection to the request.
Commissioner Kenney asked if any other rooming houses have been approved. Mr.
Klein explained one such case came forward in early 2016 and was denied; however in that case the
owner was renting out multiple bedrooms and there were objections from neighboring property owners.
Commissioner Kenney inquired what the possibility is for other townhomes in the Windstone Community
to rent out a room or more in their units. Mr. Klein noted theoretically that is possible and would require
a CUP in the RP District; and such cases are reviewed on a case-by-case basis, and would require a public
Frederick County Planning Commission Page 3427
Minutes of March 15, 2017
hearing. Commissioner Triplett voiced the same concern as Commissioner Kenney and commented is the
Planning Commission sure they want to go in that direction. Mr. Klein noted from a land use perspective
it is supported by the Comprehensive Plan and the primary use continues to be residential.
Chairman Wilmot noted a major difference with this application compared to the one that
was denied is the HOA of Windstone fully supports it; the application in 2016 was not supported at all.
Commissioner Thomas noted a big distinction is that the owner, Mr. Carrano will be
living at the residence where as the one from 2016 was being rented without the owner residing there.
Chairman Wilmot called for anyone else who wished to speak regarding this Public
Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the
public comment portion of the hearing.
Upon motion made by Commissioner Cline, and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #02-17 for Salvatore Carrano, submitted for a rooming house (AirBnB). The
property is located at 132 Seabreeze Lane, Winchester and is identified with Property Identification
Number 54I-7-1-90 in the Shawnee Magisterial District.
YES: Wilmot, Unger, Marston, Cline, Molden, Kenney, Triplett, Dunlap, Mohn
NO: Kenney, Triplett
(Note: Commissioners Mohn, Unger, Oates, Dunlap, and Molden were absent from the meeting)
-------------
INFORMATION/DISCUSSION ITEMS
Medical Office in the RP (Residential Performance) District and RA (Rural Areas) District as a
Conditional Use – Discussion on revisions to the Frederick County Zoning Ordinance to allow
Medical Office in the RP and RA Districts.
M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning
Ordinance, to add Medical Offices as a conditional use in the RP (Residential Performance) and RA
(Rural Areas) Zoning Districts. He noted currently, this use is permitted by right in the B1
(Neighborhood Business) and the B2 (General Business) Zoning Districts. Mr. Klein continued Staff has
drafted an amendment to add Medical Offices as a conditional use in the RP and RA Districts;
supplemental use regulations have also been drafted that would correspond to the use – additional
requirements could be added during the Conditional Use Permit process if necessary. Mr. Klein
concluded the DRRC discussed this amendment at their January 2017 meeting and agreed with the
proposed changes.
Commissioner Thomas commented he agrees with this in the RA District with a CUP;
however he does not feel offices need to be allowed in residential areas and will oppose. Commissioner
Manual agreed. Mr. Klein explained for medical offices the SIC codes are used and a CUP would be
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Minutes of March 15, 2017
required at which time the opportunity would present itself to the Planning Commission to determine if
each case is a fit for the location.
Permitted and Conditional Uses in the RA (Rural Areas) District – Discussion on revisions to the
Frederick County Zoning Ordinance on permitted and conditional uses, supplemental regulations
and definitions of new uses in the RA Zoning District.
M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning
Ordinance, to allow additional by-right and conditional uses in the RA (Rural Areas) District; this effort
seeks to expand and clarify the opportunities available for small businesses and agritourism in the Rural
Areas. Mr. Klein continued in doing so, this is supportive of the goals and strategies expressed in the
2035 Comprehensive Plan for the County’s Rural Areas and for Agribusiness Development.
Mr. Klein reported Staff has drafted an amendment to the RA Zoning District to include
additional permitted uses, including agritourism, commercial stables/equestrian facilities, cut-our-own
tree farms, and on-premises wayside stands accessory to a bona fide farm; and conditional uses including
farm stays, special event facilities, commercial archery ranges, ice cream parlors, bakeries and craft/gift
shops. Mr. Klein noted Staff drafted supplementary use regulations that would apply to special even t
centers, including: submission of an illustrative sketch plan with a CUP; securement of building permits
for all structures; requirements for designated travel aisles and parking spaces; screening of portable
restrooms; and requirement for adjacent owner consent for private access easement use.
Mr. Klein concluded the DRRC discussed this amendment at their January and February
2017 meetings and agreed with the proposed changes. Several Commission Members commented this is
a great idea and Staff and the Committee did a great job to reach this result.
Front Setbacks on Private Right-of-Ways – Discussion on revisions to the Frederick County Zoning
Ordinance on the reduction of the required setback for accessory structures on private right-of-
ways.
M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning
Ordinance, to reduce the required front setback off of private right -of-ways in the RA (Rural Areas)
District for accessory structures. Mr. Klein noted currently the setback off of a r ight-of-way in the RA
District is 60 feet for both public and private roadways.
Mr. Klein continued Staff has drafted a revision to the Zoning Ordinance to reduce the
required front setback for accessory uses and structures where adjacent to private right-of-ways from 60
feet to 45 feet which is consistent with the front setback for rural preservation lots.
Mr. Klein concluded the DRRC discussed this amendment at their February 2017
meeting and agreed with the proposed changes.
Frederick County Planning Commission Page 3429
Minutes of March 15, 2017
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Cline to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:35 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #05-17
VIRGINIA PREFERRED PROPERTIES
Staff Report for the Planning Commission
Prepared: April 10, 2017
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provi de 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: 04/19/17 Pending
Board of Supervisors: 05/10/17 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Commercial Indoor Recreation/Private Gym. Should the Planning Commission find this use 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 site plan shall be submitted to and approved by Frederick County and all
improvements completed prior to establishment of the use.
3. Any expansion or change of use will 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.
Page 2
CUP #05-17, Virginia Preferred Properties
April 10, 2017
LOCATION: This property is located at 351 Victory Road, Winchester, Virginia
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-80D
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial)
Land Use: Warehousing
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Industrial Light) Use: Manufacturing
South: M1 (Industrial Light) Use: Manufacturing/Warehousing
East: RA (Rural Areas) Use: Residential
West: M1 (Industrial Light) Use: Warehousing
PROPOSED USE: Commercial Indoor Recreation/Private Gym
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 728, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Frederick County Inspections: Area shall comply with The Virginia Existing Building Code,
The Virginia Uniform Statewide Building Code, Section 302 – B, Business Use Group and
Section 306. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings
and Facilities.
Existing area used for employee use to be opened to public. A change of use permit is required
for existing area. Please submit a detailed floor plan with your permit. Public restroom facilities
shall be provided and shall meet ANSIA A117.1-09. Van accessible parking and unloading are
provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to
main entrance is 5%.
Van accessible signage shall be provided per USBC Section 1106.8.
Page 3
CUP #05-17, Virginia Preferred Properties
April 10, 2017
Lever type hardware shall be provided on all doors along the accessible route to restroom area.
20% ANSI A117.01-09 rule applies.
Alteration to existing building shall comply with USBC Section 110.3 for asbestos.
Frederick County Fire Marshall: Approved. A Life Safety Inspection shall have to be
conducted by the Frederick County Fire Marshal’s Office.
Winchester-Frederick County Health Department: The facility appears to be served by
Public Water and Sewer Services. No conflict with any proposed or existing wells or sewage
disposal systems is anticipated. This Health Department has no objection to the proposed
facility.
Frederick County Sanitation Authority: No comments at this time.
Winchester Regional Airport: Proposed CUP would not impact airport operations for interior
improvements or modification.
City of Winchester: No comments.
Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial indoor
recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional
Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit
(CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires
that any proposed commercial indoor recreation facilities be subject to additional performance
standards in order to promote safety to the patrons and mitigate any negative impacts with the
M1 Zoning District were the use will operate.
This proposed gym will occupy 4,000 sq. ft. within a warehouse of 15,000 sq. ft. in size. The
gym will be a 24 hour operation. Prior to operation of this gym the applicant will need a site plan
to be submitted and approved by Frederick County. All plan improvements shall be implemented
prior to operating the business. These improvements will include: the twenty (20) required
parking spaces for this use. The designated pick-up and delivery areas for all patrons, that
provides safe access. These requirements are in keeping with Section §165-204.29 of the
Frederick County Ordinance.
STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for Commercial Indoor Recreation/Private
Gym. Should the Planning Commission find this use 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.
Page 4
CUP #05-17, Virginia Preferred Properties
April 10, 2017
2. An engineered site plan shall be submitted to and approved by Frederick County and all
improvements completed prior to establishment of the use.
3. Any expansion or change of use will 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.
ST728
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CUP # 05 - 17Virginia Preferred PropertiesPIN:64 - A - 80DIndoor CommercialRecreation - Private Gym FacilityLocation Map
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C
CONDITIONAL USE PERMIT #06-17
COMMERCIAL INDOOR RECREATON FACILITY
THOMAS E. JEFFRIES/dba Serval Softball Training
Staff Report for the Planning Commission
Prepared: April 10, 2017
Staff Contact: Mark R. Cheran, Zoning Administrator
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: 04/19/17 Pending
Board of Supervisors: 05/10/17 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Commercial Indoor Recreation/Softball Training Facility. Should the Planning Commission find
this use 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. A shared parking agreement shall be submitted to and approved by Frederick County prior to
the use of the property as a Commercial Indoor Recreation Facility.
3. Any expansion or change of use will 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.
Page 2
CUP #05-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 10, 2017
LOCATION: This property is located at 291 Independence Drive, Winchester, Virginia
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-11-16
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial)
Land Use: Warehouse
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Construction Company
South: M1 (Light Industrial) Use: Office Use: Residential
East: M1 (Light Industrial) Use: Airport
West: M1 (Light Industrial) Use: Warehouse
PROPOSED USE: Commercial Indoor Recreation/Softball Training Facility
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 1092, the VDOT facility which
would provide access to the property. Existing entrance is adequate for proposed use. However,
should use ever expand in the future, the entrance may have to be upgraded to VDOT
commercial standards.
Frederick County Inspections: Alteration to existing building requires permits and inspection.
Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking
area/unloading to entrance shall be provided.
Frederick County Fire Marshall: Approved. A Life Safety Inspection is done by the
Frederick County Fire Marshal’s Office.
Frederick County Sanitation Authority: No comments.
City of Winchester: No comments.
Page 3
CUP #05-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 10, 2017
Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial indoor
recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional
Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit
(CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires
that any proposed commercial indoor recreation facilities be subject to additional performance
standards in order to promote safety to the patrons and mitigate any negative impacts with the
M1 Zoning District were the use will operate.
This proposed use will be conducted within 6,000 sq. ft. building. The use will be for soft- ball
training for girls this use will be conducted in the evenings and on weekends. This property has
an approved site plan that meets the requirements of Section §165 -204.29 of the Frederick
County Ordinance, with regards to safe pick-up and delivery areas for patrons. However, the
property only has a total of seventeen (17) parking spaces. This commercial indoor recreation
use will require a total of thirty (30) parking spaces based on the square footage of the building.
The applicant has engaged with an adjoining property owner to execute a shared parking
agreement. This agreement allows for the use of sixteen (16) parking spaces. This will allow the
applicant to meet the parking requirements.
The Planning Commission and Board of Supervisors may want to consider allowing other uses to
be permitted with this CUP approval in the case that an alternative use with a similar amount of
use would want to operate in this facility. If this is the case an additional condition stating such
may be appropriate.
STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor
Recreation/Softball Training Facility. Should the Planning Commission find this use 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. A shared parking agreement shall be submitted to and approved by Frederick County
prior to the use of the property as a Commercial Indoor Recreation Facility.
3. Any expansion or change of use will 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.
64 11 16
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