PC 08-03-16 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 August 3, 2016.
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;
Lawrence R. Ambrogi, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back
Creek District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Kevin
Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County
Attorney.
ABSENT: Robert S. Molden, Opequon District; H. Paige Manuel, Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; and Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the August 3, 2016 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 AGEND
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 June 15, 2016 and July 6, 2016
meetings.
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COMMITTEE REPORTS
Comprehensive Plans and Programs Committee — Mtg. 7/11/16
Commissioner Marston reported the committee reviewed the input received from the
2035 Comprehensive Plan community meetings and endorsed the incorporation of the input into the Draft
Plan Update. He noted a joint work session with the Board of Supervisors is scheduled for August 17,
2016.
Historic Resources Advisory Board — Mtg. 7/19/16
Commissioner Cline reported the Board reviewed a Conditional Use Permit for a farm
market at 131 Gainesboro Road. He noted the applicant was present and met with the HRAB, at which
time the applicant was asked to place gravel on the driveway to conform to the surrounding area.
Frederick County Sanitation Authority — Mtg. 7/12/16
Commissioner Unger reported the FCSA is working to reduce its outstanding debt, in
recognizing the current lows in long term interest rate yields; the FCSA Board authorized the payoff of
approximately $2.2 million in outstanding debt. He noted this early payoff will result in the saving of
over $230,000 in interest expense over the next few years. Commissioner Unger continued the current
rate structure for Multi -Family dwellings fails to properly compensate FCSA for capital, operational, and
maintenance expenses associated with providing water and sewer services to multi -family users. He
noted the Board will hold a public hearing on August 16, 2016 to accept comments on a connection and
base fee rate for Multi -Family customers. Commissioner Unger concluded the proposed multi -family
dwelling connection and monthly base fees will be calculated to be 80 percent of the 5/8" meter
connection and monthly base fees; the 5/8" meter size is commonly used for single family dwellings.
Commissioner Unger praised the outstanding job the FCSA did in the previous week due
to unforeseen complications across the County. He also commended the City of Winchester for lending a
hand.
City of Winchester — Mtg. 8/3/16
Mr. John Tagnesi, Winchester City Planning Commission Liaison, reported a Certificate
of Appropriateness was approved for the Board of Architectural Review.
Board of Supervisors — Mtg. 7/27/16
Board of Supervisors' Liaison, Supervisor Blaine Dunn reported, and the Board approved the
following: CUP #03-16 for Verizon Wireless, CUP #05-16 for Edwin Elvira, REZ #04-16 for Snowden
Bridge, and REZ #05-16 CB Ventures.
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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 #06-16 for Borden Real Estate, LLC, which submitted for a public garage
with body repair. The property is located at 151 Conestoga Lane, Stephens City, Virginia, and is
identified with Property Identification Number 85-A-5 in the Back Creek Magisterial District.
Action — Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Zoning and Subdivision Administrator, Mark A. Cheran reported the property is located
at 151 Conestoga Lane, Stephens City and is currently zoned RA (Rural Areas) and the current land use is
public garage with body repair which is inactive. Mr. Cheran continued this is a request to update and
amend an existing CUP (Conditional Use Permit) for a public garage. He explained this property is
subject to conditions of CUP #001-90 which was approved by the Board of Supervisors on March 28,
1990. Mr. Cheran noted this public garage has not been in operation however it meets all of the
requirements of the conditions set forth with CUP #001-90.
Mr. Cheran reported there are two assigned conditions of CUP #001-90 that need to be
removed and therefore a new CUP is required:
• Condition 3 — This will be a one year permit to be reviewed annually.
• Condition 4 — if the use, occupancy or ownership of the property changes,
this CUP will expire and a new CUP will be required.
Mr. Cheran noted CUP's convey with the property and therefore conditions such as 3 and
4 are no longer recommended by Frederick County.
Mr. Cheran reviewed the conditions recommended for the current CUP #06-16:
All review agency comments and requirements shall be complied with at all
times.
All repair activities shall occur entirely within the enclosed structures.
All exterior storage of parts and equipment shall be screened from view of the
surrounding properties by an opaque fence or screen at least six (6) feet in
height.
4. Hours of operation shall be limited to lam — 7pm, Monday — Saturday
5. No more than four (4) employees allowed.
6. No retailing or wholesaling of parts or vehicles on site.
7. No storage of inoperable vehicles on site.
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8. No more than five (5) vehicles waiting repair on site at any time.
9. An illustrative sketch plan shall be submitted to an approved by Frederick
County and all plan improvements shall be implemcntcd prior to operating the
business.
10. Any expansion or change of use shall require a new CUP.
Mr. Cheran noted the Applicant would like to add a Cottage Occupation sign as condition
#I I if possible.
Commissioner Unger inquired regarding Condition #8; does this mean five (5) vehicles
outside of the structure? Mr. Cheran stated the five (5) vehicles does mean outside of the building.
Mr. Cliff Borden, the Applicant came forward for questions. He noted he is satisfied
with the conditions set forth by Staff. Commissioner Unger asked if there is an existing six (6) foot fence
in place. Mr. Borden explained there is a large hedge and concreate wall but here is no fence at this time.
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 Marston with the addition of Condition #11 for a
Cottage Occupation Sign, and seconded by Commissioner Unger
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #06-16 for Borden Real Estate, LLC, which submitted for a public
garage with body repair. The property is located at 151 Conestoga Lane, Stephens City, Virginia, and is
identified with Property Identification Number 85-A-5 in the Back Creek Magisterial District.
(Note: Commissioner Manuel, and Commissioner Molden were absent from the meeting)
Conditional Use Permit #07-16 for Ginger Teets, which submitted for a cottage occupation for sales
of Archery Supplies. The property is located at 3641 Green Springs Road, Winchester, Virginia,
and is identified with Property Identification Number 13-3-16 in the Gainesboro Magisterial
District.
Action — Recommend Approval
Planner, M. Tyler Klein reported this application is submitted for a cottage occupation for
the sale of archery supplies. He continued the property is located at 3641 Green Springs Road in the
Gainesboro Magisterial District. Mr. Klein explained the property is zoned RA (Rural Areas) District and
the current land use is Residential. Mr. Klein presented a locations map of the site and an illustrative
sketch plan.
Mr. Klein reported the 2035 Comprehensive Policy Plan of Frederick County provides
guidance when considering land use actions. He continued the location of this proposed sale of archery
equipment and supplies business is in a part of the County that is planned to remain primarily rural in
nature and not part of any current land use study. Mr. Klein explained the Frederick County Zoning
Ordinance allows a Cottage Occupation in the RA (Rural Areas) District with an approved CUP
(Conditional Use Permit). Mr. Klein noted the proposed use will take place within existing structures
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(outbuilding and shed) on the Applicant's property and is generally compatible with surrounding rural
residential uses. Mr. Klein reviewed the proposed conditions of CUP #07-16.
1. All review agency comments and requirements shall be complied with at all times.
2. One small Cottage Occupation sign shall be permitted.
3. Hours of operation shall be 11:00 am to 6:00 pm Tuesday — Friday and 8:00 am to
6:00 pm on Saturdays. The business shall not operate on Sundays and Mondays.
4. No more than four (4) customers per day.
5. No employees permitted.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Commissioner Oates inquired on condition #4, stating four (4) customers per day is
extreme and how will this be regulated. Mr. Klein explained this number was set by the Applicant and he
can explain this further. Shawn Teets, representing the Applicant explained it was a misprint on his part.
Commissioner Unger inquired if condition #4 can be removed and it appears VDOT would be the only
agency to raise concerns if any. Mr. Teets explained VDOT gave him a total number of fifty (50) per
day; meaning twenty-five (25) in and twenty-five (25) out.
Commissioner Thomas recommended amending condition 44 to twenty-five (25)
customers per day, which was seconded by Commissioner Triplett.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
A gentleman came forward and noted this is going to be a high end archery shop,
something much needed in this area and he strongly encourages approval of the CUP.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Upon motion made by Commissioner Kenney with notation to amend condition #4 to
twenty-five (25) customers per day, and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #07-16 for Ginger Teets, which submitted for a cottage occupation
for sales of Archery Supplies. The property is located at 3641 Green Springs Road, Winchester, Virginia,
and is identified with Property Identification Number 13-3-16 in the Gainesboro Magisterial District.
(Note: Commissioner Manuel, and Commissioner Molden were absent from the meeting)
Rezoning #07-16 of Senseny Road Rentals, LLC, submitted to rezone two acres from RP
(Residential Performance) District to RA (Rural Areas) District. The property is located on
Senseny Road (Route 657) approximately 350' west of Ashley Drive, in the Red Bud Magisterial
District, and is identified by Property Identification Number 65-A-46.
Action — Recommend Approval
Assistant Director, Candice E. Perkins reported this application seeks to downzone 2
acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District
without proffers. She continued this rezoning seeks to eliminate the proffers associated with Rezoning
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#07-06 which rezoned the property from the RA District to the RP District with proffers. Ms. Perkins
presented a locations map and a GDP (Generalized Development Plan).
Ms. Perkins reported the 2006 rezoning allowed for four single-family dwellings and
required the construction of a new public road. She explained the Applicant is seeking to rezone the
property back to the RA District and eliminate the proffers to allow for the construction of one single-
family dwelling. Ms. Perkins noted one dwelling (mobile home) currently exists on the property which
would be removed to allow for the new dwelling.
Ms. Perkins continued the Senseny/Eastern Frederick Urban Area Plan of the 2030
Comprehensive Plan identifies this general area with residential land uses. Ms. Perkins explained the
current RP Zoning of the subject property is in conformance with the goals of the Comprehensive Plan;
however the current proffers associated with this property could make development of the site impractical
due to the proffer for a new public road to serve the four lots and the requirement for a homeowners
association. Ms. Perkins presented a land use overlay map. Ms. Perkins reported the downzoning of the
site to allow for one single-family dwelling that would replace the existing mobile home may be
preferable. Ms. Perkins concluded this downzoning would also eliminate the allowance for the three
additional dwelling units which would reduce the impact on capital facilities and due to the site's
proximity to planned Route 37, this would allow for additional studies to identify future acceptable land
uses.
Commissioner Dunlap mentioned an email that was received that was not in favor of this
rezoning. He noted his concern of losing the right-of-way dedication by eliminating the proffers. Ms.
Perkins explained with the 2006 rezoning it was proffered with the right-of-way; this has been discussed
with the Applicant and he has agreed to address this. Commissioner Oates stated he did not see any
comments from VDOT for this rezoning. Ms. Perkins noted that is correct; agency comments were not
provided due to this being a downzoning.
Mr. Carl Hales, the Applicant came forward to address questions and concerns. He
explained when this property was rezoned in 2006 things were looking very promising within the market.
He continued with the downward turn of the market the proffers make it nearly impossible to develop the
property. Mr. Hales noted he is willing to dedicate the right-of-way that is needed along Senseny Road.
Mr. Hales continued he is also willing to include a deed restriction that would not permit livestock.
Commissioner Unger noted his appreciation of the Applicant continuing with the right-
of-way dedication. Commissioner Oates supports the right-of-way dedication and does not see an issue
with allowing livestock on the property. Commissioner Thomas agreed with allowing livestock.
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 Mohn and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #07-16 of Senseny Road Rentals, LLC, submitted to rezone two acres from RP
(Residential Performance) District to RA (Rural Areas) District. The property is located on Senseny
Road (Route 657) approximately 350' west of Ashley Drive, in the Red Bud Magisterial District, and is
identified by Property Identification Number 65-A-46.
(Note: Commissioner Manuel, and Commissioner Molden were absent from the meeting)
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OTHER
Director, Michael T. Ruddy informed every one of the work session with the Board of
Supervisors that will be held on August 17, 2016 at 12:00 in the Board Room. The 2035 Comprehensive
Plan Update will be the topic.
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 Kenney and unanimously passed. The
meeting adjourned at 7:35 p.m.
spectfully submitted,
+� ' J Jlh--�
J6Ae M. Wilmot, Chairman
Michael T. Ruddy, Secretary 7
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Minutes of August 3, 2016