PC 05-03-17 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 May 3, 2017
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District;
Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, 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: Robert S. Molden, Opequon District; J. Rhodes Marston, Back Creek District; 11. Paige
Manuel, Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; M. Tyler Klein, Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the May 3, 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 Thomas, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the April 5, 2017 meeting.
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Minutes of May 3, 2017
COMMITTEE REPORTS
Transportation Committee — Mtg. 4/24/17
Commissioner Oates reported the Committee discussed the following at their meeting:
Security Drive — a portion of this road will be taken out of the State system and become private; Hood
Way — this road will be taken out of the State system and become private to allow ample turn around for
tractor trailers; Route 50 speed limit — interest in reducing the speed, however VDOT has performed a
study and there is no justification at this time for a reduction; and an update on County Projects, Snowden
Bridge Blvd. is scheduled to be open at the end of May 2017.
Board of Supervisors Report — Mtg. 4/26/17
Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved
CUP #03-17 for Kelley and Robert Luckett (Daycare) and CUP #04-17 for Trisha Shanholtz (Daycare).
Development Review and Regulations Committee — Mtg. 4/27/17
Commissioner Unger reported the Committee discussed a request to allow the Zoning
Administrator to waive, reduce and/or modify the requirement for residential separation buffers between
dissimilar housing types in the RP (Residential Performance) Zoning District. Commissioner Unger
continued the Committee discussed a request to allow a waiver for recreational facility units in
development in the RP Zoning District; the DRRC did not support this ordinance amendment.
Commission Unger concluded the Committee discussed a request to allow "slaughterhouses" as a
conditional use in the RA (Rural Areas) Zoning District and this was supported by the DRRC.
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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Minutes of May 3, 2017
U1 : 01:19/1:9, 1
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101 -
General Provisions, §165-101.02 Definitions and Word Usage. ARTICLE II SUPPLEMENTARY
USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES,
Part 204 -Additional Regulations for Specific Uses, §165-204.15 Commercial shooting and archery
ranges, outdoor. §165-204.31 Special event facilities. ARTICLE IV AGRICULTURAL AND
RESIDENTIAL DISTRICTS, Part 401 -RA Rural Areas District, §165-401.02 Permitted uses. §165-
401.03 Conditional uses. Revisions to the Frederick County Zoning Ordinance on permitted and
conditional uses, supplemental regulations and definitions of new uses in the RA Zoning District.
Action — Recommend Approval
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. He
continued this effort seeks to expand and clarify the opportunities available for small businesses and
agritourism in the Rural Areas; in doing so this effort 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 explained, Staff has drafted an amendment to the RA Zoning District to include additional
permitted uses, including agritourism, commercial stables/equestrian facilities, cut -your -own tree farms
and on premise 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 supplementary use regulations have been drafted that would apply to special event centers as
well as new definitions.
Mr. Klein concluded the DRRC discussed this item at their January and February 2017
meetings and agreed with the proposed changes; the Planning Commission discussed and agreed with the
changes at their March 15, 2017 meeting; the Board of Supervisors reviewed and discussed this item on
April 12, 2017, voiced support of the proposed changes, and sent the amendment forward for public
hearing.
Commissioner Oates requested clarification that this item is just adding archery to
Commercial outdoor shooting ranges, not for private uses, strictly for Commercial use, and would be
under a CUP. Mr. Klein confirmed that is correct; this is adding Commercial archery ranges to the use
list and does not apply to private uses.
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 Thomas, and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 -General
Provisions, §165-101.02 Definitions and Word Usage. ARTICLE II SUPPLEMENTARY USE
REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 -
Additional Regulations for Specific Uses, §165-204.15 Commercial shooting and archery ranges,
outdoor. §165-204.31 Special event facilities. ARTICLE IV AGRICULTURAL AND RESIDENTIAL
DISTRICTS, Part 401 -RA Rural Areas District, § 165-401.02 Permitted uses. § 165-401.03 Conditional
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Minutes of May 3, 2017
uses. Revisions to the Frederick County Zoning Ordinance on permitted and conditional uses,
supplemental regulations and definitions of new uses in the RA Zoning District.
(Note: Commissioners Molden, Marston, Manuel were absent from the meeting)
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401 -RA Rural Areas District, §165-
401.07 Setback requirements. Revisions to the Frederick County Zoning Ordinance on the front
setback for accessory uses on private right-of-ways in the RA District.
Action — Recommend Approval
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. He presented a graphic illustrating the current ordinance. Mr. Klein
explained, currently the setback off of a right-of-way in the RA District is 60 feet for both public and
private roadways. He noted 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.
Mr. Klein concluded the DRRC discussed this item at their January 2017 meeting and
agreed with the proposed change; the Planning Commission discussed this item at the March 15, 2017
meeting and agreed with the changes; the Board of Supervisors discussed this item at their April 12, 2017
meeting and supported the proposed changes and sent the amendment forward to public hearing.
Commissioner Thomas inquired what prompted this amendment. Mr. Klein explained
this item was initiated by a DRRC member; it seeks to provide relief to allow people to locate structures
closer to a private right-of-way which does not require as much of a setback as on a public road.
Commissioner Unger requested clarification where the 45 feet is being measured from.
Michael T. Ruddy, Director, explained the measurement of the front setback comes from the edge of the
right-of-way.
Commissioner Thomas inquired if this only applies to private right-of-ways. Mr. Klein
noted that is correct, only private.
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 Unger, and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401 -RA Rural Areas District, § 165-401.07
Setback requirements. Revisions to the Frederick County Zoning Ordinance on the front setback for
accessory uses on private right-of-ways in the RA District.
(Note: Commissioner Molden, Manuel, Marston were absent from the meeting)
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Minutes of May 3, 2017
Cancelation of the regular meeting on May 17, 2017
Chairman Wilmot announced there were no pending items for the Planning
Commission's May 17, 2017 meeting.
A motion was made by Commissioner Oates to cancel the May 17, 2017 meeting of the
Planning Commission. This motion was seconded by Commissioner Thomas and unanimously passed.
(Note: Commissioners Molden, Marston, and Manuel were absent from the meeting)
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 7:30 p.m.
Respectfully submitted,
qt",L" J�-k -
J6he M. Wilmot, Chairman
Michael T. Ruddy, Secretary
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Minutes of May 3, 2017