PC 10-21-15 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 21, 2015
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek
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; Robert Hess, Board of Supervisors Liaison.
ABSENT: J. Stanley Crockett, Stonewall District;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director Transportation; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning
and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the October 21, 2015 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 Manuel, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
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COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CPPC) — Mtg. 10/12/15
Commissioner Mohn reported the committee kicked off the citizen review panels for the
2035 Comprehensive Plan update. He noted the groups will be meeting over the next several weeks.
Historical Resources Advisory Board (HRAB) — ATtg. 10/20/15
Commissioner Dunlap reported the board discussed the rezoning for the I-81 West
Business Park property and determined there would be no impact on the Robinson/Cline House. He
concluded the board also discussed the role of the HRAB in regards to the 2035 Comprehensive Plan
Update.
Frederick County Sanitation Authority (FCSA) — Mtg. 10/20/15
Commissioner Unger reported total customer base for water is 14,429 and the total for
sanitary is 13,941. The rainfall total for the month of September was 3.83 inches which is up and better
than average for the year. Water usage at the Diehl Plant was 1.9 mgd; water usage at the Anderson Plant
was 2.0 mgd; 1.6 mgd was purchased from the City. The daily average use is 5.6 mgd, which is normal
for this time of year. Elevation at the Diehl Plant is down 2 feet and the Anderson Plant elevation is also
down 2 feet. Mr. Unger noted water loss is 18% which is an increase. Mr. Unger concluded the well at
Lake Frederick is producing 350,000 to 500,000 gallons of water per day. The search continues for a well
site in Round Hill per Mr. Unger.
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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PUBLIC HEARING
Conditional Use Permit #03-15 for Gary Rogers Arghyris, for cottage occupation (sale of sheds).
The property is located at 1518 Fairfax Pike, White Post, Virginia. The property is identified with
Property Identification Number 87 -A -12D in the Opequon Magisterial District.
Action — Recommend Approval with Conditions
Zoning and Subdivision Administrator, Mark R. Cheran reported this property is
currently zoned RA (Rural Areas) and the current land use is Residential. He continued the property is
surrounded by RA (Rural Areas) properties used for Residential and a M1 (Light Industrial) property sits
to the rear of the property line. Mr. Cheran gave an overview of the property lines and the location of
structures.
Mr. Cheran explained the applicant is attempting to assemble and sell sheds on the site.
Mr. Cheran noted most of the sales of the sheds are via the internet, however, the applicant would like to
have the opportunity to have customers visit the property if need be. Mr. Cheran reported the assembly of
the sheds will take place in an existing structure approximately 1,500 square feet in size located towards
the rear of the property.
Mr. Cheran presented the conditions for the CUP recommended by staff :
1. All review agency comments and requirements shall be complied with at all
times.
2. No more than five (5) customers at any time on site.
3. No more than seven (7) sheds for display or sale shall be allowed on the
property. Such sheds shall be kept in the rear of the property.
4. An illustrative sketch plan shall be submitted to and approved by Frederick
County, and all plan improvements shall be implemented prior to operating
the business.
5. One business sign shall be allowed and shall conform to Cottage Occupation
sign requirements and shall not exceed four (4) square feet in size and five
(5) feet in height.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Commissioner Thomas commented he understands the point of condition #2 (No more
than five (5) customers at any time on site) but how will this be enforced. He continued this condition
should be removed if we cannot enforce it. Mr. Cheran noted a baseline was set for the number of
customers permitted on site at one time.
Mr. Bruce Downing representing the applicant was available to answer any questions or
address any concerns. There were no questions or concerns at this time.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Samantha Smith of White Post VA came forward to speak. Ms. Smith is concerned with
the speed limit on the stretch of road in front of this property. She explained there have been several
close calls possibly resulting in accidents and would like to see the speed limit reduced from 55mph to 45
mph. Ms. Smith expressed her concern with the existing sheds on the property not being anchored to the
ground. She is fearful of a natural disaster striking and the impact this many unanchored sheds will have
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on adjoining property owners. Her final concern is the property owner will not abide by the conditions of
the CUP.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Cheran addressed the concern regarding the speed limit, he noted VDOT has
reviewed this site and deems it acceptable now; however should the business continue to grow VDOT
could possibly implement a commercial entrance. Commissioner Thomas inquired would it be
appropriate to request a speed limit reduction with VDOT. Commissioner Oates noted the procedure
would be to turn the request over to the Transportation Committee for their assistance. He also noted the
installation of a business sign may alleviate some of the uncertainty of when and where vehicles are
turning.
Upon motion made by Commissioner Thomas, seconded by Commissioner Dunlap to
exclude condition #2 (No more than five (5) customers at any one time on site)
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the Conditional Use Permit #03-15 for Gary Rogers Arghyris, for cottage occupation (sale of
sheds). The property is located at 1518 Fairfax Pike, White Post, Virginia. The property is identified
with Property Identification Number 87 -A -12D in the Opequon Magisterial District with the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than seven (7) sheds for display or sale shall be allowed on the property. Such sheds
shall be kept in the rear of the property.
3. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan
improvements shall be implemented prior to operating the business.
4. One business sign shall be allowed and shall conform to Cottage Occupation sign requirements
and shall not exceed four (4) square feet in size and five (5) feet in height.
5. Any expansion or change of use shall require anew Conditional Use Permit.
(Note: Commissioner Crockett was absent from the meeting)
Rezoning #07-15 Woodside Land Company, LLC, submitted by GreyWolfe, Inc., to rezone 20 acres
of property from RA (Rural Areas) District to M2 (Industrial General) District with proffers. The
property is located on the southern side of Route 669 (Woodbine Road) about 2000 feet east of
Route 11 and adjacent to the Winchester & Western Railroad and is identified by Property
Identification Number 34-A-61) in the Stonewall Magisterial District.
Action — Recommend Approval by Majority Vote
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Commissioner Oates would abstain from all discussion on these items for a possible
conflict of interest.
Deputy Director, Michael T. Ruddy reported this is a request to rezone 20.0 acres from
the RA (Rural ,areas) District to ;1v412 (Industrial General) District with proffers. He noted this property is
on the east side of Winchester & Western Railroad tracks and is south of Woodbine Road. Mr. Ruddy
continued the applicant has provided a GDP (Generalized Development Plan) for this 20 acre parcel and it
clearly shows the Woodbine Road right-of-way; Duncan Run and the associated flood plains on each
side; highlights the proposed entrance location; and a potential well site for the County.
Mr. Ruddy reported this is a relatively straight forward request however there are issues
that need to be addressed. He continued the proffers for this rezoning were reviewed by Staff. It was
noted the industrial land use designation is consistent with the Comprehensive Plan but it is important to
recognize some of the impacts associated with this request that may be addressed with the applicants
proffer statement and the proffers primarily revolve around transportation. Mr. Ruddy explained it is
important to recognize the condition of Woodbine Road (Route 669) in the vicinity of this project. The
road is relatively rural in condition; it includes a low water bridge crossing Duncan Run, and includes
significant turns in the road itself. Mr. Ruddy noted the long term Comprehensive Plan identifies a major
collector road and Woodbine Road extending east from its current location. Mr. Ruddy continued the
potential cash contribution of $.75 per building square foot has the ability to generate up to but no more
than $76,875 for transportation improvements in that general area. He noted recognizing the scale of that
and the cost of transportation improvements, that potential amount does not appear to address the
improvements that may be needed to the road and to other transportation solutions in the general area.
Mr. Timothy Stowe representing the applicant came forward to address any questions or
concerns. Mr. Stowe reiterated this project has been scaled to be able to work with the transportation
network that is in place at this time. He explained the goal of the applicant is to not generate more than
100 trips during peak hours. He noted the applicant does realize the road is small, winding, and he feels
this modest level of traffic will not overtax the roadway.
Commissioner Marston inquired if the 100 units of traffic is truck traffic and if this site is
for a warehouse. Mr. Stowe responded typically in a development similar in nature to this 8% is truck
traffic and the balance is usually employees and visitors. Mr. Stowe noted the plan is for a warehouse on
this site. Commissioner Mohn requested clarification for the basis of the $.75 per square foot. Mr. Stowe
explained this amount has been used in previous projects that have been approved by the Board of
Supervisors with very similar interests.
Commissioner Thomas voiced his concern with the applicants view on the traffic impact;
would the existing condition of Woodbine Road structurally sustain 8% of tractor trailer traffic without
significant maintenance being performed especially with part of the road being located in a flood plain.
He doesn't foresee the road being able to handle that type of traffic. Mr. Stowe noted there has not been
any type of soil or pavement analysis performed. Mr. Stowe continued at the present time there are trucks
accessing the Frederick County Public Schools warehouse site on a regular basis as well as agricultural
traffic and at time carrying heavier loads than a tractor trailer may hold. Commissioner Thomas inquired
if this is an appropriate transportation system to accommodate the use. Mr. Stowe elaborated based on
the Comprehensive Plan this is the direction the County has decided to go and this proposal is keeping
within that plan.
Commissioner Unger commented that with the $.75 per square foot being used in the past
for projects we cannot expect someone to do anything different at this point. He also expressed his
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appreciation of an easement well being considered in the proffers for this project. Commissioner Thomas
asked will traffic intensity require a lot of road maintenance. Deputy Director Transportation, John A.
Bishop explained not having performed analysis of the roadway, he cannot speak to what is not known to
be factual or to what that piece of pavement can or cannot handle. He expressed confidence that the road
was not built to what VDOT would require today for construction of a new road. Mr. Bishop agreed this
is a valid concern.
Chairman Wilmot requested Mr. Bishop comment on the rail situation at this location.
Chairman Wilmot noted she has viewed the site and the track appears to be very straight. She explained
if a M2 piece of property is the goal for this rezoning this would be a prime candidate for a rail line siting
and if so can it be accommodated with the length of its property boundary. Mr. Bishop agreed that is
accurate, the length looks good, and there are rail access funds available.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. No one came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
The applicant Mr. John Light came forward to answer any questions and to address any
concerns. He explained the rail situation; currently it is Winchester & Western Railroad; last year a
second rail line was installed as a stacking/parking area that ran approximately 2000 linear feet down his
property; since completion they have started a third line on the west side which means significant parking
for Winchester & Western Railroad. Mr. Light addressed the concerns regarding Woodbine Road; from
the railroad west to Route 11 was upgraded to tractor trailer status about 15 years ago; the road was
widened approximately 18 inches on each side and capped. He explained the amount of roadway that is
being addressed through the proffer is from the railroad to the turn which is not a very long distance. He
agreed on the $.75 per square foot proffer due to that amount being used previously on rezonings. Mr.
Light commented regarding tractor trailer traffic on Woodbine Road and he agreed the road would need
to be upgraded and the part he is speaking of is of minimal distance.
Commissioner Thomas commented he feels the transportation proffers are inadequate for
this rezoning. Noted by Commissioner Kenney, he feels this is a good application and the County has to
start somewhere to process more industrial uses.
Commissioner Triplett recommended approval of this rezoning. This motion was
seconded by Commissioner Unger and passed by a majority vote.
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Rezoning #07-15 Woodside Land Company, LLC, submitted by GreyWolfe, Inc., to rezone 20 acres of
property from RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property
is located on the southern side of Route 669 (Woodbine Road) about 2000 feet east of Route 11 and
adjacent to the Winchester & Western Railroad and is identified by Property Identification Number 34 -A -
6D in the Stonewall Magisterial District.
The vote was as follows:
YES: Wilmot, Marston, Unger, Triplett, Kenney, Mohn, Dunlap, Manuel
NO: Molden, Thomas, Ambrogi
ABSTAIN• Oates
(Note: Commissioner Crockett was absent from the meeting)
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Rezoning #08-15 McCann Office Park, submitted by GreyWolfe, Inc., to rezone 154.923 acres as
follows: 43.76 acres from RA (Rural Areas) District to RA (Rural Areas) District with proffers,
6.180 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA
(Rural Areas) District to MI (Light Industrial) District, and 93.246 acres from RA (Rural Areas)
District to OM (Office -Manufacturing Park) District with proffers. The property is located on the
southeastern side of Martinsburg Pike (Route 1) and Old Charlestown Road (Route 761) and is
identified by Property Identification Numbers 44 -A -25A, 44 -A -25B, and 44-A-40 in the Stonewall
Magisterial District.
Action — Recommend Approval
Commissioner Oates would abstain from all discussion on these items for a possible
conflict of interest.
Deputy Director, Michael T. Ruddy reported this application is to rezone a total of
154.923 acres. He noted the rezoning appears complicated with the breakdown of acreage and zoning
districts however it is consistent with the updated land uses of the 2030 Comprehensive Plan. Mr. Ruddy
provided an overview of the location of the property at which time the right-of-way for Route 37 on the
southern end of the property was emphasized.
Mr. Ruddy noted the applicant provided the proffer statement along with a series of maps
and has identified the requested zoning locations. Mr. Ruddy explained the proffers were reviewed by
Staff and the transportation proffer was highlighted specifically: Route 37 right-of-way dedication;
additional right-of-way along other roads; signalization at the intersection with Route 11; improvements
to McCanns Road. Mr. Ruddy continued access to this site will be from McCanns Road and the applicant
has worked closely with VDOT to receive their endorsement to access the property. Mr. Ruddy noted
currently McCanns Road cannot support this project however the applicants proffer provides the
commitment to improve McCanns Road to a standard that can support industrial traffic. Mr. Ruddy
reiterated the land use is consistent with the 2030 Comprehensive Plan and the impacts anticipated have
generally been addressed in particular transportation.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. No one came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Timothy Stowe representing the applicant came forward to answer any questions.
He explained they feel this is a good balance of development property that can be used to bring industrial
base to the County; to preserve green areas that will benefit the community; and to provide the
transportation improvements that are needed to support this project. He feels this is a good fit and a win
win for the County and for the landowner.
Commissioner Thomas inquired about page 2 of 4 of an email that was sent back to
VDOT, #5 seems to be a disagreement on the proposed cross section, whether the cross section is
adequate for a commercial roadway serving the intensity of the development. He asked if an agreement
was met on this. Mr. Stowe responded there are two components to this: once at the intersection they
anticipate two turn lanes, one for southbound Route 11 and one for northbound Route 11 traffic, plus the
eastbound lane for traffic coming into the development and that would be 36 feet. He explained once the
area for the que is cleared the intent would be to narrow the pavement to two lanes rather than carry three
lanes all the way back and that area would be 24 feet. Commissioner Thomas asked if VDOT agreed to
this. Mr. Stowe responded VDOT has not responded as of today.
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Upon motion made by Commissioner Unger and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #08-15 McCann Office Park, submitted by GreyWolfe, Inc., to rezone 154.923
acres as follows: 43.76 acres from RA (Rural Areas) District to RA (Rural Areas) District with proffers,
6.180 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA
(Rural Areas) District to M1 (Light Industrial) District, and 93.246 acres from RA (Rural Areas) District
to OM (Office -Manufacturing Park) District with proffers. The property is located on the southeastern
side of Martinsburg Pike (Route 1) and Old Charlestown Road (Route 761) and is identified by Property
Identification Numbers 44 -A -25A, 44 -A -25B, and 44-A-40 in the Stonewall Magisterial District.
(Note: Commissioner Crockett was absent from the meeting)
Rezoning #09-15 Artillery Business Center submitted by Pennoni Associates, to revise proffers
associated with Rezoning #07-08. This revision relates specifically to the transportation proffers.
The properties are located east and adjacent to Shady Elm Road approximately 4,500 feet south of
the intersection of Shady Elm Road and Apple Valley Drive. The properties are identified with
Property Identification Numbers 75-A-1 and 75 -A -1F in the Back Creek Magisterial District.
Action — Recommend Approval by Majority Vote
Commissioner Manuel would abstain from all discussion on these items for a possible
conflict of interest.
Deputy Director Transportation, John A. Bishop reported this rezoning is a proffer
modification to Rezoning #07-08 which was approved by the Board of Supervisors on February 18, 2008.
He noted the proffer revisions address the timing and commitments for transportation proffers. Mr.
Bishop explained the proposed proffer modifications replace transportation commitments for
improvements to Shady Elm Road, $250,000 in cash transportation proffers, and the right-of-way
provision across 74-A-68 with the commitment to participate in revenue sharing in the completing of
Renaissance Drive from the current ending location to Shady Elm Road. Mr. Bishop noted building
permits are limited to two (2) on the property (1 per parcel) until the applicant enters into a revenue
sharing agreement with the County.
Mr. Bishop noted there are items that could delay the completion of the roadway such as
the right-of-way acquisition and acquiring a rail crossing. Commissioner Unger requested Mr. Bishop
clarify the shift in proffers from Shady Elm and cash to the revenue sharing agreement. Mr. Bishop
emphasized that the full connection of Renaissance Drive offers greater value to the County than Shady
Elm improvements.
Patrick Sowers representing NW Works came forward address any questions or concerns.
Mr. Sowers presented a brief overview of the property lines as well as provided details of what has
transpired since rezoning #07-08. Commissioner Unger inquired how far the 1,100 feet comes down
Shady Elm Road. Mr. Sowers noted it is about half way down the site. Commissioner Kenney inquired
in reading the VDOT letters; September 2015 VDOT was not satisfied then in October, 2015 they were
cautiously satisfied, and what has changed. Mr. Sowers explained this was adjusted due to the actual
proffering and entering into and a revenue sharing agreement.
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Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. No one came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Commissioner Oates noted a concern about there not being a time requirement for
entering into the revenue sharing agreement in addition to the building permit trigger. Mr. Bishop agreed
a time frame would be beneficial due to timeline for availability of funds from VDOT.
Upon motion made by Commissioner Unger, seconded by Commissioner Mohn to
recommend approval with a suggestion that the Applicant include within the proffers a deadline for road
construction to reflect 24-36 months
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Rezoning #09-15 Artillery Business Center submitted by Pennoni Associates, to revise proffers associated
with Rezoning #07-08. This revision relates specifically to the transportation proffers. The properties are
located east and adjacent to Shady Elm Road approximately 4,500 feet south of the intersection of Shady
Elm Road and Apple Valley Drive. The properties are identified with Property Identification Numbers
75-A-1 and 75-A- IF in the Back Creek Magisterial District.
The vote was as follows:
YES: Wilmot, Mohn, Dunlap, Triplett, Thomas, Oates, Ambrogi, Marston, Unger
NO: Kenney, Molden
ABSTAIN: Manuel
(Note: Commissioner Crockett was absent from the meeting)
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICT; Part 401— RA Rural Areas District §165-
401.03 Conditional Uses. ARTICLE II Supplementary Use Regulations, Parking Buffers, and
Regulations for Specific Uses. Part 204 — Additional Regulations for Specific Uses, §165-204.18
Storage Facilities, self-service. Revision to the Frederick County Zoning Ordinance to include self -
storage facilities as a conditional use in the RA (Rural Areas) Zoning District.
Action — Recommend Approval
Senior Planner, Candice E. Perkins reported this is an ordinance amendment to include
self -storage facilities as a conditional use in the RA (Rural Areas) District. She explained currently self -
storage facilities are a permitted use in the B2, B2, M1, and M2 Districts. Ms. Perkins noted this is a
request to consider self -storage in the RA (Rural Areas) District due to this use requiring limited
infrastructure (such as water and sewer).
Ms. Perkins continued by reviewing the additional standards placed on the CUP for this
use (in addition to the existing supplementary use regulations).
• The development must conform to all B2 (General Business) District standards.
• All development shall have direct access onto a paved state road.
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• Property must be located within a designated and defined Rural Community
Center as identified in the Comprehensive Plan.
Ms. Perkins explained the third standard was added after the Board of Supervisors
discussion due to the number of concerns about the self -storage being within various areas in the RA
(Rural Areas) District.
Commissioner Oates inquired would this be a site plan or illustrative sketch plan
scenario. Ms. Perkins noted a site plan would be required. Commissioner Oates commented he does not
agree with the Rural Community Center designation, typically those are small lots and rural centers or
mini storage facilities would not be appropriate. He continued there are more suitable areas with five acre
lots where the neighbors are not as close. He feels self -storage facilities should be discouraged from
going into smaller communities. Commissioner Thomas agreed with Mr. Oates.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. 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 to
recommend approval of this ordinance amendment with the removal of requirement; properties must be
located within a designated and defined Rural Community Center as identified in the Comprehensive
Plan.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE
IV AGRICULTURAL AND RESIDENTIAL DISTRICT; Part 401 — RA Rural Areas District § 165-
401.03 Conditional Uses. ARTICLE II Supplementary Use Regulations, Parking Buffers, and
Regulations for Specific Uses. Part 204 — Additional Regulations for Specific Uses, § 165-204.18 Storage
Facilities, self-service. Revision to the Frederick County Zoning Ordinance to include self -storage
facilities as a conditional use in the RA (Rural Areas) Zoning District.
(Note: Commissioner Crockett was absent from the meeting)
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE X
BOARD OF ZONING APPEALS; Part 1001— Board of Zoning Appeals §165-1001.02
appointment; organization; terms. §65-1001.02 powers and duties. ARTICLE 1 GENERAL
PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS; Part 101— General
Provisions §165-101-.02 Definitions and word usage. Revision to the Frederick County Zoning
Ordinance to revise and update the variance requirements per the Code of Virginia.
Action — Recommend Approval
Senior Planner, Candice E. Perkins reported during the 2015 session, the Virginia
General Assembly passed amendments to the Code of Virginia pertaining to the operation of the local
Board of Zoning Appeals. She explained these changes require revisions to be made to the Zoning
Ordinance to be compliant with the Code of Virginia pertaining to the Board of Zoning Appeals and the
standards by which the Board reviews variance request, these include:
• The definition of variance has been revised.
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• The administrative appeals section has been updated to be consistent with the
Code of Virginia — the determination of the Zoning Administrator shall be
resumed to be correct and the burden of proof falls on the applicant to rebut the
resumption of correctness.
• Within Section C — Variances — the term "unnecessary_ hardships" has been
replaced with the phrase "unreasonable restriction on the utilization of the
property".
• Several other minor revisions have been included that reformat the ordinance to
comply with the changes.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. 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 the Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE
X BOARD OF ZONING APPEALS; Part 1001 — Board of Zoning Appeals § 165-1001.02 appointment;
organization; terms. §65-1001.02 powers and duties. ARTICLE 1 GENERAL PROVISIONS,
AMENDMENTS, AND CONDITIONAL USE PERMITS; Part 101 — General Provisions § 165-101-.02
Definitions and word usage. Revision to the Frederick County Zoning Ordinance to revise and update the
variance requirements per the Code of Virginia.
(Note: Commissioner Crockett was absent from the meeting)
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICT; Part 401— RA Rural Areas District,
§165-401.07 Setback requirements. Revision to the Frederick County Zoning Ordinance to revise
the setback from parcels within Agricultural and Forestal Districts in the RA (Rural Areas)
District.
Action — Recommend Approval
Senior Planner, Candice E. Perkins reported this ordinance amendment arose from the
recent Agricultural and Forestal District update. She explained there were issues that came to light with
parcels less than five (5) acres in size being included in the Agricultural and Forestal District due to the
impacts on adjacent property owners. Ms. Perkins continued the concern was that placement of these
parcels of less than five (5) acres in size into the Agricultural District did not clearly further agriculture
pursuits and interests, and often contained residences, yet the resulting 220 foot setback placed greater
restrictions on their adjacent neighbors. Ms. Perkins elaborated essentially; someone with a two (2) acre
parcel could control development activity on their property as well as their neighbor's two (2) acres
(when the 200 foot setback was applied).
Ms. Perkins noted the Board of Supervisors held a public hearing for the inclusion of
these smaller parcels, action was deferred on many of these and the Board of Supervisors directed
Planning Staff to prepare an ordinance amendment that would allow the inclusion of the parcels without
impacting adjacent parcels. The amendment includes the following:
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Utilizes the RA setback requirement based on adjoining parcel size previously
adopted in 2001.
Includes setbacks for parcels that abut an agricultural district, based on the size of
the parcel within the adopted agricultural district.
Parcels within an agricultural district that are six (6) acres or less would require a
50 foot setback and parcels over six (6) acres would require the 200 foot setback.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. No one came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Commissioner Oates felt the two (2) acre option was a better option and did not see the
need for moving to the six (6) acre. Commissioner Thomas disagreed and preferred the six (6) acre
option.
Upon motion made by Commissioner Thomas, seconded by Commissioner Manuel, and
passed by majority vote
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of the
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICT; Part 401 — RA Rural Areas District,
§ 165-401.07 Setback requirements. Revision to the Frederick County Zoning Ordinance to revise the
setback from parcels within Agricultural and Forestal Districts in the RA (Rural Areas) District.
The vote was as follows:
YES: Wilmot, Marston, Triplett, Thomas, Mohn, Dunlap, Manuel, Ambrogi
NO: Molden, Unger, Kenney, Oates
(Note: Commissioner Crockett was 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 Thomas and unanimously passed. The
meeting adjourned at 8:45 p.m.
Respectfully submitted,
Wilmot, Chairman
Eric 14Xawrence, Secretary
Frederick County Planning Commission Page 3276
Minutes of October 21, 2015