PC 04-05-17 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 April 5, 2017
PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary
R. Oates, Stonewall 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; Christopher M. Mohn, Red Bud District;
Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Greg L. Unger, Back Creek District; Roger L. Thomas, Vice Chairman/Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the April 5, 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 Oates and seconded by Commissioner Kenney, the
Planning Commission unanimously adopted the agenda for this evening's meeting with a minor revision
to the numbering of scheduled items.
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Minutes of April 5, 2017
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee — Mtg. 03/13/17
Commissioner Oates reported the committee reviewed and discussed the CIP and felt it
appropriate to move forward to the Planning Commission.
City of Winchester — Mt2. 04/04/17
Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the
Commission approved a CUP to convert office to mixed use and a CUP to covert a gas station to a pizza
shop.
Board of Supervisors Report — Mta. 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
Conditional Use Permit #03-17 for Kelley and Robert Luckett, for a cottage occupation for an in-
home daycare. The property is located at 211 Rebecca Drive, Winchester Virginia and is identified
with Property Identification Number 55G-5-1-19 in the Red Bud Magisterial District.
Action — Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request for an
in-home daycare facility within a single-family detached residence in the RP (Residential Performance)
Zoning District and the current land use is Residential. Mr. Cheran presented a location map of the
property. Mr. Cheran continued an in-home daycare facility is a permitted use in the RP District with an
approved Conditional Use Permit (CUP). He noted this in-home daycare facility will care for twelve (12)
children, with two (2) employees and the drop-off and pick-up of children is staggered throughout the
morning and evening, which should prevent any traffic along the street. Mr. Cheran presented the
following conditions as recommended by Staff:
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Minutes of April 5, 2017
1. All review agency comments shall be complied with at all times.
2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday
through Friday.
3. The Applicant shall satisfy the licensing requirements of the Virginia
Department of Social Services and the County of Frederick.
4. One cottage occupation sign is permitted.
5. Other than those children residing on the property, there shall be no more than
twelve (12) children being cared for at any given time.
6. Other than those persons residing on the property, there shall be no more than
two (2) employees working at the daycare at any time.
7. Any expansion or change of use will require a new Conditional Use Permit.
Commissioner Dunlap asked for clarification on the staggered pick-up and drop-off of
children. Mrs. Kelley Luckett the Applicant came forward; she clarified the hours of operation will be
6:00 a.m. to 6:00 p.m. and the children are generally dropped off and picked up at different times
therefore neither parking nor traffic will be an issue.
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 Dunlap and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #03-17 for Kelley and Robert Luckett, for a cottage occupation for an in-home
daycare. The property is located at 211 Rebecca Drive, Winchester Virginia and is identified with
Property Identification Number 55G-5-1-19 in the Red Bud Magisterial District.
YES: Wilmot, Cline, Manuel, Dunlap, Oates, Mohn, Marston, Molden, Ambrogi
NO: Kenney, Triplett
(Note: Commissioners Unger and Thomas were absent from the meeting)
Conditional Use Permit 404-17 for Trisha Shanholtz, for a cottage occupation for an in home
daycare. The property is located at 120 Refuge Church Road, Stephens City Virginia and is
identified with Property Identification Number 93 -A -7D in the Opequon Magisterial District.
Action — Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request for an
in-home daycare facility within a single-family detached residence in the RA (Rural Areas) Zoning
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District and the current land use is Residential. Mr. Cheran provided a location map of the property. Mr.
Cheran explained an in-home daycare facility is a permitted use as a cottage occupation in the RA District
with an approved Conditional Use Permit (CUP). Mr. Cheran continued this proposed in-home daycare
facility will take place on a 7+/- acre property, caring for twelve (12) children, with one (1) employee.
He noted the drop-off and pick-up of children is staggered throughout the morning and evening, which
should prevent any traffic along the road.
Mr. Cheran reported this proposed use will need to utilize a new septic system and the
Applicant has requested to delay the installment of the septic system for one (1) year pending approval of
the CUP. He noted the reason for this request is should the CUP be denied then the need to upgrade the
septic system no longer exists. Mr. Cheran continued a condition of this CUP is that the Applicant
installs an approved septic system within one (1) year from the approval date of this CUP and the CUP
will become void and will be revoked if the septic system is not installed. Mr. Cheran noted the
Applicant has applied for and received a septic permit from the Frederick County Health Department and
has engaged a septic company. Mr. Cheran reported Staff recommends the following conditions:
1. All review agency comments shall be complied with at all times.
2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday
through Friday.
3. The Applicant shall satisfy the licensing requirements of the Virginia
Department of Social Services and the County of Frederick.
4. The Applicant shall apply for and install an approved septic system within one
(1) year of approval date of this Conditional Use Permit. If the system is not
installed within one (1) year the CUP will be deemed invalid.
5. This Conditional Use Permit shall be void and revoked if condition #4 is not
implemented.
6. One cottage occupation sign is permitted.
7. Other than those children residing on the property, there shall be no more than
twelve (12) children being cared for at any given time.
8. Other than those persons residing on the property, there shall be no more than
one (1) employee working at the daycare at any time.
9. Any expansion or change of use will require a new Conditional Use Permit,
Commissioner Mohn inquired is the Health Department comfortable with the one (1) year
delay. Mr. Cheran responded yes and the Applicant received her permit on March 29, 2017.
Mrs. Tricia Shanholtz, the Applicant came forward and presented a brief overview of her
in-home daycare facility. She noted her goal is to get the septic system installed before the end of the
school year so she can have some of her school aged children join her again this summer. Commissioner
Oates inquired if more than one adult would be supervising twelve (12) children. Mrs. Shanholtz
responded there will be two (2) adults with the children, herself and one (1) other adult.
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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.
Commissioner Molden inquired as to the reason for the required septic upgrade. Mr.
Cheran explained it was due to the existing water flow.
Upon motion made by Commissioner Molden, and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #04-17 for Trisha Shanholtz, for a cottage occupation for an in home daycare.
The property is located at 120 Refuge Church Road, Stephens City Virginia and is identified with
Property Identification Number 93 -A -7D in the Opequon Magisterial District.
YES: Wilmot, Cline, Manuel, Dunlap, Oates, Mohn, Marston, Molden, Ambrogi, Triplett
NO: Kenney
(Note: Commissioners Unger, and Thomas were absent from the meeting)
INFORMATION/DISCUSSION ITEMS
2017-2018 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects
requested by various County Departments and Agencies. The Plan is created as an informational
component of the 2035 Comprehensive Plan.
Candice E. Perkins, Assistant Director, reported Capital Improvements Plan (CIP)
consists of a schedule for major capital expenditures for the County for the ensuing five (5) years. She
continued the CIP document that is updated annually, with each cycle projects are removed from the plan
as they are completed or as priorities change. Ms. Perkins explained following the completion of the
2017-2018 CIP documents, Staff will begin working with the Planning Commission and the Board of
Supervisors on a revised process and format for the CIP. Ms. Perkins noted it is intended that the future
document and process will be further linked to the budget document and process. Ms. Perkins
emphasized in the interim it is important to update the CIP in its current form to ensure the County has an
up to date approved CIP while working on the updated document. Ms. Perkins continued the inclusion of
projects to the CIP is in no way an indication that Frederick County will be undertaking these projects:
the CIP is strictly advisory; intended for use as a capital facilities planning document, not for requesting
funding allocations.
Ms. Perkins reported this year's CIP continues to reinforce the connection between the
Capital Improvement Plan, the 2035 Comprehensive Plan, and future rezoning applications. Ms. Perkins
presented maps that are included in the CIP. Ms. Perkins concluded the CPPC endorsed the 2017-2018
CIP in March, 2017 and Staff is seeking comments from the Planning Commission on the 2017-2018 CIP
to forward to the Board of Supervisors.
Commissioner Oates requested clarification that the CIP is an advisory tool now and will
be tied to the budget next year. Ms. Perkins responded yes and the timeline is still being worked on.
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Chairman Wilmot commented it is the responsibility of the Planning Commission to
make sure what is being proposed is in the right spot in the County.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously
passed. The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Wilmot, Chairman
Michael T. Ruddy, Secretary
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Minutes of April 5, 2017