PC 03-15-17 Meeting MinutesMEETING 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.
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.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the minutes from the February l 5, 2017 meeting.
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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 — Mt2. 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.
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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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
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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 abides 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
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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, Thomas, Ambrogi, Manuel, Marston, Cline
NO: Kenney, Triplett
(Note: Commissioners Unger, Oates, Dunlap, Molden, and Mohn 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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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 event
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 right-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.
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ADJOURNMENT
No filirther business remained to be discussed and amotion 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,
t
ne M. Wilmot, Chairman''
Michael T. Ruddy
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