PC 07-18-18 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 July 18, 2018
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Greg
L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee
District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; June M. Wilmot,
Member at Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Christopher M. Mohn, Red Bud District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the July 18, 2018 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Kenney 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 — Mtg. 07/09/18
Commissioner Marston reported the committee discussed two Comprehensive Policy
Plan Amendments (CPPA): The Carter Tract — including of 231.5 acres in the Sewer and Water Service
Area (SWSA), a long- range land use amendment to designate the property for industrial land uses and
text amendments to the Comprehensive Policy Plan and; Waverly Farm — inclusion of an additional 145
acres in the SWSA for future mixed-use commercial and industrial uses.
Development Review and Regulations Committee — Mta. 06/28/18
Commissioner Unger reported the committee held discussion on four items:
• A request from the May 24, 2018 meeting regarding the use of shipping
containers as accessory storage in certain zoning districts; the DRRC
unanimously supported the proposed text amendment.
• A request to allow site access, parking spaces, loading spaces, and circulation
within delineated riparian buffers; this item did not receive support from the
DRRC and will not move forward.
• A request to amend the Category A Buffer requirements to allow parking to
locate as close as 10 feet from property line if screening is provided; this item did
not receive support from the DRRC and will not move forward.
• A Request to develop off-street parking and site access required for the primary
land use within limited portions of properties that are split -zoned (and/or split -
zoned as a result of road right-of-way); this item did not receive support from the
DRRC and will not move forward.
Transportation Committee — Mt2. 06/25/18
Commissioner Oates reported the Sheriff's Office gave a presentation on the safety
software they use and the benefits to the community and to funding of roads. He continued, presented
were the following: A Resolution of Support for the SmartScale Project; A Resolution of Support for the
Intersection of Route 50 and Independence Drive; and A Resolution and comments for the I-81 Corridor
Study.
Frederick Water — Mte. 07/17/18
Commissioner Unger reported Frederick Water announced the DEQ has issued the
Virginia Water Protection individual permit which enables Frederick Water to withdraw up to 8 MGD
from the Opequon Creek; this has been a 2 'h year undertaking and will enable the Opequon Water
Supply Plan to advance into construction. He continued, the Board adopted resolutions in support of the
Town of Stephens City's initiatives:
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A Resolution in Support of the Health Commissioner's recommendation to the
Town of Stephens City to acquire a water agreement with the City of Winchester.
The Town had sought the Commissioner's declaration to prohibit Frederick
Water from shutting off water service to the Town; the Commissioner advised
that such an action was not appropriate. The Commission advised that the Town
has a requirement to provide water to its customers, and that it should enter an
agreement with Winchester to secure the water.
• A Resolution of Support of Mediation with the Town of Stephens City to resolve
the differences.
Commissioner Unger presented the June operations report for Frederick Water:
• The customer base is over 15,732 connections.
• Monthly water production averaged 6.13 MGD, a typical summer demand.
• In Stephens City, the Diehl's North and South quarries continue to enjoy the
seasonal recharge and benefits from Frederick Water's efficient water source
management. The quarries are nearly 2/3`d full, and in excellent shape for the
summer high water demand season.
• In Clearbrook, Anderson's quarry level increased to a water level of 589.1 ft.,
this elevation is up 3 feet since April.
City of Winchester — Mtg. 07/17/18
Commissioner Loring, Winchester City Planning Commission Liaison, reported the
Commission reviewed three items: a site plan approval on Linden Drive; and two reviews to vacate and
convey properties.
Board of Supervisors — Mtg. 06/27/18
Board of Supervisors' Liaison, Supervisor J. Douglas McCarthy reported the Board
established a Resolution declaring a State of Emergency as a result of the recent flooding in Frederick
County. He concluded the Board set a Public Hearing date for Robert E. Aylor Middle School.
CITIZEN COMMENTS
Chairman Kenney 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 Kenney closed the citizen comments portion of the meeting.
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ACTION ITEM
Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone
88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with
proffers. The properties are located at the southern terminus of Lenoir Drive (Route F-732) and
are identified by Property Identification Numbers 43-A-21, 43 -A -21B, 43-19-4 and 43-A-24.
Action — Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Candice E. Perkins, Assistant Director, reported this is a request to rezone four parcels of
land that total 88.91 +/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District
with proffers. She continued, this item was postponed at the June 6, 2018 Planning Commission meeting
for 45 days to provide the Applicant additional time to address transportation concerns. Ms. Perkins
noted since the June 6, 2018 meeting, the Applicant has provided revised proffers that seek to address
these concerns. Ms. Perkins presented the updated proffers:
2.2 — Access to the Property shall be as shown on the GDP. Provided that access
to the buildable area of the Property is not impeded or eliminated, the Applicant
shall not place above grade improvements on the southeast corner of the Property
near the terminus of Lenoir Drive in such a way as to preclude the construction
of proposed slip ramps that are currently depicted on the graphic entitled
"Eastern Road Plan — Lenoir Drive Slip Ramp Clarification," created by the
Frederick County Department of Planning and Development, dated October 17,
2017, and attached hereto for reference. The southeast corner of the Property is
subject to existing easements and/or covenants of record, as of June 6, 2018.
• 2.3 — Within 90 calendar days of a written request by the County, the Applicant
shall further dedicate such right-of-way as it may own at the terminus of Lenoir
Drive for the purpose of construction of access to existing Route 37 as described
in Proffer 2.2.
• 2.4 — The Applicant shall contribute up to $250,000 to the County for the purpose
of planning additional access to Stonewall Industrial Park. It shall make such
contribution at the rate of $0.30 per gross square foot of building ultimately
constructed, to be paid upon issuance of an occupancy permit for any such
building or buildings.
Commissioner Unger asked for clarification on what a slip ramp is. Ms. Perkins
presented mapping showing the slips ramps and explained using the visual. Chairman Kenney asked if the
$250,000 being dedicated is just for Stonewall Industrial Park. Ms. Perkins noted that is correct. Mr.
John Foote of Walsh Colucci Lubeley & Walsh PC, representing the Applicant reported after the June 6,
2018 meeting there was further discussions with Staff to address the transportation concerns. He
explained to make the slip ramps more possible the dedication of the ROW land controlled by the
Applicant will be dedicated; in addition, there is approximately 800,000 SF of planned development on
this property and at $0.30 per SF that comes to around $250,000. Mr. Foote noted, right now it is
provided for Stonewall Industrial Park because that was what is being addressed and of little concern how
the County chooses to use these funds. He continued, the TIA that was conducted demonstrates there is
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very little truck traffic that is coming out of this and does not affect the function of any intersection. Mr.
Foote concluded this will also benefit the Inland Port.
Commissioner Cline inquired what value is the acreage that is being dedicated. Mr.
Foote explained the land is expensive and would be of fair market value.
Commissioner Unger asked for clarification of where the $250,000 can be used. Mr.
Foote explained it would go for the purpose of Stonewall Industrial Park and all would go to the County.
Chairman Kenney 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 Kenney closed the public
comment portion of the hearing.
Upon motion made by Commissioner Cline and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning 401-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone
88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The
properties are located at the southern terminus of Lenoir Drive (Route F-732) and are identified by
Property Identification Numbers 43-A-21, 43 -A -21B, 43-19-4, and 43-A-24.
(Note: Commissioner Mohn was absent from the meeting.)
INFORMATION / DISCUSSION
Self -Storage Facilities in the RA District — Discussion on revisions to the Frederick County Zoning
Ordinance to allow mini self -storage facilities in the RA (Rural Areas) Zoning District as a
conditional use (requiring an approved Conditional Use Permit - CUP).
M. Tyler Klein, Senior Planner reported this is a proposed amendment to Chapter 165 —
Zoning Ordinance to allow storage facilities, self-service, in the RA (Rural Areas) Zoning District as a
conditional use and to include additional supplemental use regulations. He continued, under the current
Zoning Ordinance, storage facilities, self-service, are allowed in the B2 (General Business), B3 (Industrial
Transition), M1 (Light Industrial), and M2 (industrial General) Zoning Districts. Mr. Klein concluded,
the DRRC discussed this item on May 24, 2018 and recommended the following supplemental uses for
facilities in the RA Zoning Districts:
All development shall conform to the B2 (General Business) District standards
unless the self-service storage facility is screened natural by vegetation or
topography.
• All developments shall have direct access onto a state road.
Commissioner Thomas stated he is concerned there will be light pollution, trash, and
crime. He noted there should be more criteria involved with this.
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Commissioner Oates commented, this has to be built to B2 standards therefore, it will
have to be paved, have a trash receptacle, be fenced, and meet the ordinance for lighting. He noted, he is
more comfortable with this being a CUP and a case by case basis rather than making it a by -right and
putting a lot of restrictions on it. Commissioner Unger commented he does not feel trash will be an issue.
The Planning Commission recommended this item move forward to the Board of
Supervisors for Information and Discussion.
(Note: Commissioner Mohn was absent from the meeting.)
Shipping Containers — Discussion on revisions to the Frederick County Zoning Ordinance to
restrict the use of shipping containers (i.e. pre -fabricated, durable steel shipping containers, also
known as intermodal containers, cargo containers, or ISO containers) as an accessory storage in
certain zoning districts.
M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 —
Zoning Ordinance to restrict the use of shipping containers as accessory storage in planned residential
(RP, R4, & R5) Districts. He noted, the current zoning ordinance does not specifically address shipping
containers as accessory storage. Mr. Klein explained, this item was previously discussed by the Planning
Commission on April 4, 2018, and the Board of Supervisors on May 9, 2018. He noted, the Board of
Supervisors sent the item back to the DRRC for additional review; the DRRC discussed the comments
from the Board of Supervisors at their May 24, 2018 and June 28, 2018 meetings and made additional
revisions to the proposed text amendment. Mr. Klein reported, the DRRC recommended the following
restriction on the use of shipping containers as accessory storage:
In no case shall a shipping container, i.e. pre -fabricated steel shipping boxes, be
allowed as an accessory use or storage in the RP (Residential Performance), R4
(Residential Planned Community) and R5 (Residential Recreational Community)
Zoning Districts. Shipping containers are allowed in all other zoning districts as
an accessory use or storage and should meet the applicable setback requirements
for accessory uses.
Commissioner Oates inquired is the vision now for this ordinance to basically handle the
complaints and issues we are having in certain areas of the County to allow for more enforcement ability.
Mr. Klein stated that is correct. Commissioner Oates asked if a shipping container was to come in on a
lot and it has siding, truss roof, and basically made to look like a shed, would it be allowed then, if it is
within a facility. Mr. Klein explained if it is completely enclosed and the enclosure meets building code
standards then it would be allowed.
Commissioner Unger inquired is there an acreage restriction on this. Mr. Klein
explained, in previous considerations of this text amendment there was a requirement that shipping
containers being used as storage on RA property there was a minimum acreage threshold, however at the
Board of Supervisor's discussion they specifically said they did not support setting an acreage restriction
and did not support restricting the use of shipping containers on RA property. He continued, at the
DRRC discussion the committee did express reservation about not restricting shipping containers on RA
property but did not have a recommendation regarding minimum acreage. Commissioner Unger
commented covenants in subdivisions with two and five acre lots would not allow this. Commissioner
Oates noted, covenants are a private issue.
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The Planning Commission recommended this item move forward to the Board of
Supervisors for Information and Discussion.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Cline to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously
passed. The meeting adjourned at 7:30 p.m.
Respectfully submitted,
Kevin W. Kenneymn
/Michael T. Ruddy, Secretary
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