PC 06-01-16 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 June 1, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opcquon District; Gary R. Oates, Stonewall District;
William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red
Bud District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Charles E.
Triplett, Gainesboro District; Roderick B. Williams, County Attorney.
ABSENT: Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger,
Back Creek 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 June 1, 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 AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the agenda for this evening's meeting with changes.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes of their May 4, 2016.
Frederick County Planning Commission Page 3335
Minutes of June 1, 2016
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee — Mtg. 5,g /9/16
Commissioner Marston reported the committee discussed the 2035 Comprehensive Plan
Update and the third phase of the three-phase approach to the update which is the communication and
public outreach phase. He continued there will be four public outreach and community meetings which
will be held over the next two weeks. Commissioner Marston concluded it is the intent of this outreach to
get input from the public on the plan in general, key sections of the plan, and the adjustments that have
been identified to date by the Blue Ribbon Panels.
Conservation Easement Authority — Mtg. 5/12/16
Commissioner Triplett reported the CEA will be updating videos presented last year. He
noted the Authority has begun to review, discuss, and touch up the videos. Commissioner Triplett stated
he would like to present these to the Planning Commission once they are ready.
Transportation Committee — Mtg.5/23/16
Michael T. Ruddy reported the committee reviewed several items: the Eastern Road
Plan, which is part of the update to the Comprehensive Plan; forwarded a recommendation to the Board of
Supervisors regarding the Oakdale Crossing traffic calming project and the residents request that it move
forward to VDOT.
City of Winchester Report — Mtg. 5/17/16
Ms. Katherine Eaton, Winchester City Planning Commission Liaison, reported the
Corridor Enhancement District will be moving forward to the City Council. She continued the focus of
that area is Fairmont/Wyck and North Loudoun/North Cameron. Ms. Eaton concluded they have been
working on the Capital Improvement project and moved it to the City Council for review and approval.
Board of Supervisors Report — Mtg. 5/25/16
Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board of
Supervisors unanimously approved REZ #03-16 for Shawnee Canning Co.
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 June 1, 2016
PUBLIC HEARING
Conditional Use Permit #04-16 for Vicki Nash, submitted for a cottage occupation nail salon. The
property is located at 215 Fruit Orchard Drive, Gore, Virginia and is identified with Property
Identification Number 17-22A-19 in the Gainesboro Magisterial District.
Action — Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran reported this property is
currently zoned R5 (Residential Recreational Community) and the current land use is residential. Mr.
Cheran presented mapping identifying the location and an outline of the property. He continued the
property is surrounded by R5 properties on three sides and the State of West Virginia on the remaining
portion.
Mr. Cheran explained Cottage Occupations are permitted in the R5 zoning district with
an approved CUP. He continued this proposed Cottage Occupation is for a nail salon that will take place
in the applicant's residence using one room. Mr. Cheran reviewed the conditions attached to this CUP
and noted a minor revision to the hours of operation:
1. All review agency comments and requirements shall be complied with at all times
2. No signage allowed with this Conditional Use Permit
3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday—Saturday
4. No more than five (5) customers per day
5. No employees permitted, beyond those residing on the premises
6. Any expansion or change of use shall require a new Conditional Use Permit
Commissioner Thomas referred to condition #2 and inquired why no signage is allowed.
Mr. Cheran noted the applicant did not want any signs on the property. Ms. Vicki Nash, the applicant
came forward to address the question raised by Commissioner Thomas. She explained her home is part of
an HOA which does not permit signage in yards and she will continue to respect that.
Chairman Wilmot inquired as to why the Frederick County Health Department could not
comment on this application. Mr. Cheran explained the health department did not comment because the
applicant's drain field is in the front yard of the property which is actually in West Virginia. Mr. Cheran
continued staff spoke to the Hampshire County Health Department as a courtesy requesting their opinion
on this application. Mr. Cheran concluded the applicant provided documentation from Hampshire County
noting the drain field and its location.
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 Triplett with a revision to the condition for the
hours of operation from Monday — Friday to Monday — Saturday and seconded by Commissioner Kenney
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #04-16 for Vicki Nash, submitted for a cottage occupation nail salon. The
property is located at 215 Fruit Orchard Drive, Gore, Virginia and is identified with Property
Identification Number 17-22A-19 in the Gainesboro Magisterial District.
Frederick County Planning Commission Page 3337
Minutes of June 1, 2016
(Note: Commissioners Ambrogi, Unger, and 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-
401.06 Permitted lot sizes. Revisions to the Frederick County Zoning Ordinance to provide for an
allowance to permit divisions from rural preservation lots for public road dedications or utility
dedications.
Action — Recommend Approval
Assistant Director, Candice E. Perkins reported this is a request to revise the zoning
ordinance to provide an allowance to permit divisions from rural preservation lots for public road
dedications or utility dedications. She noted currently the ordinance prohibits all future divisions from
rural preservation tracts; the only allowance is if they are going to get larger.
Ms. Perkins continued staff has prepared a minor revision to provide an allowance for the
boundaries of rural preservation lots to be modified provided the: future division (subdivision) would
only be allowed for the widening of an existing VDOT road, or for a public utility dedication.
Ms. Perkins provided a brief history of where this amendment has been; it was presented
to the DRRC on February 25, 2016, the Planning Commission held a discussion on April 6, 2016, the
Board of Supervisors held a discussion on April 27, 2016 at which time it was sent to public hearing.
Commissioner Oates noted at the Board of Supervisors meeting there was an inquiry if a
water tower could be placed on a rural preservation tract. He noted under the current ordinance a water
tower can be put up on an easement and not a dedication parcel. Ms. Perkins noted that is correct and it is
a matter of owning the land verses not owning.
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 Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby 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-
401.06 Permitted lot sizes. Revisions to the Frederick County Zoning Ordinance to provide for an
allowance to permit divisions from rural preservation lots for public road dedications or utility
dedications.
(Note: Commissioners Ambrogi, Unger, and Manuel were absent from the meeting)
Frederick County Planning Commission Page 3338
Minutes of June 1, 2016
INFORMATION/DISCUSSION
Conditional Use Permit (CUP) Discussion
Planning Director, Michael T. Ruddy reported this item is presented to the Planning
Commission to ensure that the discussion of this item addressed all of the questions the Planning
Commission had regarding Conditional Use Permits. He presented the best practices with regards to
CUP's:
• Ensure all reviewing agency comments are addressed
o This can be done by identifying individual conditions related to agency
comments.
o Alternately, Frederick County's best practice approach includes a catch all
condition stating that all review agency comments shall be addressed at all times.
• All conditions should have a direct or associated relationship to the potential impacts of
the use.
• As long as the above is met, most conditions could be considered appropriate.
• CUP's have the same basis in law as rezoning applications.
• The CUP and its associated conditions have predominantly run with the land.
o It would be okay to include conditions that connect the permit to a particular
user, applicant, or a specific time frame should a particular application warrant
such an approach.
• Frederick County's best practice has been to limit the alternative approach listed above
based upon the often considerable investments made by applicants in the establishment of
CUP's, and to avoid the perception of treating individual applicants differently.
• Generally, it is considered that fewer conditions are preferable to more conditions.
• Overall, Frederick County's approach to reviewing CUP's has been well received and has
served both the county and the Applicant's well.
Commissioner Thomas inquired are there any CUP's on our books that are specific to a
user and do not convey with the land. Mr. Ruddy explained there are old CUP's that run specific with a
property owner, however that determination was made a long time ago and many of those do not exist
today. Commissioner Thomas commented when the Planning Commission approves a CUP and there is a
fair amount of capital investment we are essentially rezoning the land and if the CUP runs with the land
we are rezoning the land for one specific use. Mr. Ruddy noted it refers back to the identified
uses/permitted uses in certain districts and those CUP's and how it may be set up; if the uses are
consistently heavy commercial in nature and would warrant that, then the Planning Commission would
have to evaluate those uses that we include in the Rural Area District.
Chairman Wilmot inquired if it is beneficial to have a CUP attached to a property in
terms of market attractiveness. Mr. Ruddy noted the CUP may make the property more marketable or
could go the total opposite way.
Commissioner Kenney commented it could also affect the surrounding properties as well
and this could be a good or bad thing.
Commissioner Oates commented CUP's are not recorded so down the road a future
owner may not even know the CUP exists on the property. Commissioner Thomas noted could this be
attached to the deed at some point.
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Minutes of June 1, 2016
2016 PC Retreat Summary
Punning Director, Michael T. Ruddy presented abrie, F ' g
overview of she P�annin
Commission Retreat. He noted the open discussing throughout was very helpful. In regards to Mr. John
Foote's presentation, Mr. Ruddy noted the new proffer legislation will be discussed in the near future.
Assistant Director Transportation, John A. Bishop provided a detailed overview of the Transportation
aspects that are occurring and items that we are currently involved with.
Frederick County Administrator, Brenda Garton presented the state of the County and to
what direction we are heading with respect to growth of the community. Mr. Ruddy reported public
meetings have been scheduled regarding the Comprehensive Plan update.
Commissioner Thomas commented a major take away from Mr. John Foote's
presentation was the Planning Commission needs to make sure Planning Department Staff are given
enough information to compose a good narrative for the Board of Supervisors, especially for an item that
may be denied.
Chairman Wilmot commented the need to verbalize during meetings so more information
becomes part of the record is important. Commissioner Oates noted to be careful not to get to narrow
when verbalizing a denial.
Commissioner Oates would like to see reports that show the availability of lots, location,
etc... to keep the Planning Commission aware of what is out there within the County. Mr. Ruddy noted
that focus on and Area Plan may be more useful for this request and the possibility to incorporate this
information in rezoning applications could be accommodated.
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 Thomas and unanimously passed. The
meeting adjourned at 7:40 p.m.
Respectfully submitted,
",Ja,
Me M: -Wilmot, Chairman
/Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3340
Minutes of June 1, 2016