PC 10-05-16 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 October 5, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large; Gary R. Oates, Stonewall District; William
H. Cline, Stonewall District; Robert S. Molden, Opequon 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;
Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Charles E. Triplett, Gainesboro 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 October 5, 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.
RESOLUTION OF APPRECIATION
Chairman Wilmot presented Stan Crockett with a Resolution of Appreciation for serving
on the Planning Commission representing the Stonewall Magisterial District. On behalf of the Planning
Commission, Chairman Wilmot expressed their gratitude to Stan and recognized his many years of
faithful service.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
Upon motion made by Commissioner Oates and seconded by Commissioner Marston, the
Planning Commission unanimously adopted the minutes from the August 17, 2016 and September 7,
2016 meetings.
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COMMITTEE REPORTS
Frederick County Sanitation Authority — Mtg. 9/20/16
Commissioner Unger reported the FCSA Board discussed multi -family availability and
monthly base fees. He explained after reviewing and discussing this over the past few months, the Board
approved the new availability fee and monthly base fees for multi -family residential units. Commissioner
Unger reported the following operations totals: Total Customer Base for water was 14,863 and Sanitary
was 14,372; Rainfall 12 month average is 3.23" with recent rainfall September 28`1' and 29`x' was close to
6"; Water Production for Diehl Plant was 2.109 mgd, Anderson Plant 1.616 mgd; City purchases 2.578
mgd; Diehl North Quarry Elevation was 649.3, previously 649; Anderson Quarry Elevation was 590,
previously 584.2.
Development Review and Regulations Committee — Mtg. 9/22/16
Commissioner Unger reported the DRRC discussed Indoor Recreation in the M1 District
and decided there would have to be a Conditional Use Permit (CUP) if allowed in the Ml. Also
discussed were revisions to the Zoning Ordinance to increase the disturbed area permissible to be
considered a minor site plan from 5,000 square feet to 10,000 square feet. Commissioner Unger reported
the DRRC discussed revisions to the Zoning Ordinance to address extended stay hotels and concluded the
length of stay cannot exceed more than 30 days continuous.
Transportation Committee — Mtg. 9/26/16
Commissioner Oates reported the first item of discussion was the Gainesboro School
entrance improvements; the School Board has a concept regarding this, the Committee reviewed it and
made some suggestions. He noted the School Board will continue to work on this location.
Commissioner Oates explained there is not enough traffic at the location to warrant a traffic light,
therefore alternatives are being explored. Commissioner Oates reported the next items discussed were
Revenue Sharing projects: the primary project being the remaining section of the Jubal Early Drive
extension over to Route 37, with an application being submitted for an additional 3.5 million dollars; the
second for the Tevis Street extension for additional funds.
Board of Supervisors — Mtgs. 9/14/16 and 9/28/16
Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board of
Supervisors approved the following at their September 14, 2016 meeting: Cup #05-16 for Borden Real
Estate; CUP #07-16 for Ginger Teets; CUP #08-16 for Crossroads Grocery; and REZ #07-16 for Senseny
Road Rentals. At the Board of Supervisors September 28, 2016 meeting these items were also approved:
CUP #09-16 for Connie Ann Moss; and REZ #09-16 for Commonwealth Business Center.
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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 #11-16 for Jessica Richardson submitted for a cottage occupation for an in-
home daycare. The property is located at 102 Barbados Place, Stephens City Virginia and is
identified with Property Identification Number 75F-2-73 in the Opequon Magisterial District.
Action — Recommend Approval
Planner, M. Tyler Klein reported this application is for an in-home daycare located at 102
Barbados Place, Stephens City VA. He continued the property is located in the Opequon Magisterial
District, it is currently zoned RP (Residential Performance), and the current land use is Residential. Mr.
Klein presented a locations map of the property which is in the Albin Village Subdivision on a cul -du -sac
and is surrounded by other single family detached homes. He noted the property has a fenced back yard
and the driveway can accommodate up to four (4) vehicles. Mr. Klein explained the in-home daycare has
been in operation for more than two (2) months within the principal residence and the owner currently
cares for nine (9) children; this request is to allow for up to twelve (12) children.
Mr. Klein reported a licensed in-home daycare facility is a permitted use as a cottage
occupation in the RP (Residential Performance) District through an approved Conditional Use Permit
(CUP). He explained an in-home daycare facility is defined by the Zoning Ordinance as a facility in
which more than five (5) children, not including those children related to the individuals who maintain the
facility are received for care, protection, and guidance during only part of the 24-hour day. Mr. Klein
continued, the Applicant has designated drop-off and pick-up in the driveway and has provided a fenced
outdoor play area in the rear of the property. Mr. Klein noted the drop-off and pick-up of children is
staggered throughout the morning and evening which should prevent any traffic or queuing along
Barbados Place.
Mr. Klein presented the recommend conditions for this Conditional Use Permit (CUP):
1. All review agency comments shall be complied with at all times.
2. Hours of operation shall be permitted from 7 a.m. to 7 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, small, 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 one (1)
additional employee.
7. Any expansion or modification of this use will require the approval of a new CUP.
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Commissioner Oates inquired if in the past a sign has been placed within a subdivision
for this type of use. Mr. Klein explained typically we do permit a cottage occupation sign through a
Conditional Use Permit (CUP) application and any enforcement of HOA covenants is a private matter
between the homeowner and their HOA.
Commissioner Dunlap requested clarification; there are currently nine (9) children at the
daycare and is the Applicant currently operating under a Conditional Use Permit (CUP) or is this request
to correct a situation. Mr. Klein explained this request is to come into compliance with the County's
requirements for obtaining a business license and the Applicant also must obtain licensing from the State
of Virginia which has its own requirements.
Ms. Jessica Richardson, the Applicant came forward. She explained her in-home daycare
has been open for two (2) months and is called The Learning Tree. She continued, currently there are
nine (9) children at her daycare and her sister works with her. Regarding the HOA comments, Ms.
Richardson noted there are no issues with the cottage occupation sign and her HOA does not restrict this.
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.
Director, Michael T. Ruddy clarified regarding the size of the sign that can be placed at
this location; a sign associated with a cottage occupation can be four (4) sq. ft. and that is allowed by
ordinance.
Upon motion made by Commissioner Molden, and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #11-16 for Jessica Richardson, submitted for a cottage occupation for
an in home daycare. The property is located at 102 Barbados Place, Stephens City Virginia and is
identified with Property Identification Number 75F-2-73 in the Opequon Magisterial District.
(Note: Commissioners Thomas, Manuel, and Triplett were absent from the meeting)
Rezoning #10-16 for Miller Hardware submitted by Greenway Engineering Inc., to rezone 0.63
acres of a 6.52 acre parcel from the RP (Residential Performance) District to the B2 (General
Business) District, with proffers. The property is located on the north side of Fairfax Pike (Route
277) approximately 900' east of Warrior Drive (Route 1141) in the Opequon Magisterial District,
and is identified by Property Identification Number 86-A-111.
Action — Recommend Approval
Assistant Director, Candice E. Perkins reported this is an application to rezone a total of
0.63 acres of a 6.52 acre parcel from the RP (Residential Performance) District to the B2 (General
Business) District, with proffers . She noted the 0.63 acres of the property is currently part of
Shenandoah Presbyterian Church and the Applicant is Miller Hardware which is the adjacent property
owner. Ms. Perkins provided a locations map of the property. She continued the parcel is located within
the County's Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Ms.
Perkins noted the South Frederick Area Plan of the 2030 Comprehensive Plan identifies this area with an
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urban center land use designation and the requested B2 Zoning District is generally consistent with the
goals of the Comprehensive Plan.
Ms. Perkins reported with this rezoning request, the Applicant has proffered: Restrict the
use of the area to accessory outdoor storage, accessory structures, storm water management, utilities, and
buffers; access to the area will be from the Miller Hardware site; the subject area will be boundary line
adjusted into the Miller Hardware property within 30 days of rezoning approval; monetary contribution of
$800 to Fire and Rescue.
Mr. Evan Wyatt of Greenway Engineering and representing the Applicant came forward.
He explained the acquisition of the property is to allow Miller Hardware to complete a building expansion
on this portion of their property which is currently used for outdoor storage. He continued there will be a
common share buffer and screening easement between both properties so everyone is aware of the
Ordinance requirements that will be forthcoming once the property is rezoned. Mr. Wyatt mentioned the
impacts for the rezoning was based on a square footage addition of approximately 8,000 sq. ft.
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 Molden, and seconded by Commissioner Kenney
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #10-16 for Miller Hardware submitted by Greenway Engineering Inc., to rezone
0.63acres of a 6.52 acre parcel from the RP (Residential Performance) District to the B2 (General
Business) District, with proffers. The property is located on the north side of Fairfax Pike (Route 277)
approximately 900' east of Warrior Drive (Route 1141) in the Opequon Magisterial District, and is
identified by Property Identification Number 86-A-111.
(Note: Commissioners Thomas, Manuel, and Triplett were absent from the meeting)
INFORMATION/DISCUSSION
Right -of -Way Widths for Family Lot Subdivisions — Discussion on revisions to the Subdivision
Ordinance to reduce the right-of-way width mandatory to create a family lot subdivision per the
Code of Virginia.
No Action Required
Assistant Director, Candice E. Perkins reported this is an amendment to the Subdivision
Ordinance to update the minimum right-of-way width necessary to create a family division lot. Currently
the Ordinance requires a 50' right-of-way. She continued the current Code of Virginia state that a 20'
right -or -way is the maximum that can be required and the ordinance has been revised to reflect a 20'
right-of-way requirement.
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Ms. Perkins reported the DRRC discussed this amendment at their August 2016 meeting.
She noted the DRRC agreed with the proposed changes and the item was forwarded to the Planning
Commission for discussion.
(Note: Commissioners Thomas, Manuel, and Triplett were absent from the meeting)
Discontinuance of Nonconforming Uses — Discussion on revisions to the Zoning Ordinance to
increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned
per the Code of Virginia.
No Action Required
Assistant Director, Candice E. Perkins reported this is an amendment to the Zoning
Ordinance as it pertains to the discontinuance of nonconforming uses. She explained currently the
Ordinance states that is a nonconforming use is discontinued for a period exceeding one year it is deemed
abandoned. Ms. Perkins continued the Code of Virginia states that a two year period is required before a
use can be deemed abandoned. She noted this revision proposed to change the Zoning Ordinance
requirement to two years in conformance with the Code of Virginia.
Ms. Perkins reported the DRRC discussed this amendment at their August 2016 meeting.
She noted the DRRC agreed with the proposed changes and the item was forwarded to the Planning
Commission for discussion.
(Note: Commissioners Thomas, Manuel, and Triplett were absent from the meeting)
Removal of Motorcycle Repair in theB2 District — Discussion on revisions to the Zoning Ordinance
to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B2,
M1, and M2 Districts.
No Action Required
Assistant Director, Candice E. Perkins reported this is an amendment to the Zoning
Ordinance to remove motorcycle repair from the B2 (General Business) Zoning District. She explained
currently motorcycle repair is permitted in the B2 (General Business) and B3 (Industrial Transition)
Districts. She noted this change would bring this use in line with automobile repair, which is permitted in
the B3, M1, and M2 Districts.
Ms. Perkins concluded the DRRC discussed this amendment at their August 2016
meeting. She noted the DRRC agreed with the proposed changes and the item was forwarded to the
Planning Commission for discussion.
Commissioner Mohn inquired as to the origin of this amendment; were there concerns.
Ms. Perkins explained this resulted from a zoning violation regarding an auto repair that had originally
been a motorcycle repair shop and illegally transitioned to another use. She noted Staff worked with the
owner to get the proper zoning in place.
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Commissioner Molden questioned there are currently two (2) motorcycle shops in the B2
zoning district, as long as they have sales it is permitted. Ms. Perkins explained as long as sales are the
primary use and the accessory use of repairs is a permitted accessory use.
(Note: Commissioners Thomas, Manuel, and Triplett were absent from the meeting)
OTHER
Director, Michael T. Ruddy recognized October as National Community Planning Month
with the theme this year being Civic Engagement and Participation. He recognized everyone for their
commitment and service to the Boards, Commission, and Committees.
Commissioner Oates mentioned at the last Board of Supervisors meeting the CPPA
Amendments were discussed at which time the Board voted to have further study completed. He would
like to request from the Board of Supervisors clarification on what information they are looking for
pertaining to further study and to provide more detail. Supervisor Dunn stated on behalf of the Board he
will do that and provide specifics and have an answer for the Planning Commission in two weeks.
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 7:35 p.m.
Respectfully submitted,
ne M. Wilmot, Chairman
Michael T. Ruddy, Secretary
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