PC 08-15-18 Meeting MinutesMEETING MINUTES
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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 15, 2018
PRESENT: Kevin Kenney, Chairman; 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; Christopher M. Mohn, Red Bud District;
Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the August 15, 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 Cline, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes from the June 6, 2018 and June 20, 2018
meetings.
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COMMITTEE REPORTS
Transportation Committee — Mtp_. 07/23/18
Commissioner Oates reported the Committee discussed three items: Hayfield Road truck
restriction (not warranted at this time); information on the Transportation Forum; and an update of the
County projects, primarily the Tevis Street bridge.
City of Winchester — Mtg. 08/07/18
Commissioner Eaton, Winchester City Planning Commission Liaison, reported the
Commission discussed at a work session: and Ordinance Amendment pertaining to outdoor dining areas
in the Primary and Secondary Assessment Districts; and a CUP for a Telecommunication Facility at the
BMX track in Jim Barnett Park.
Board of Supervisors — Mtg. 08/08/18
Board of Supervisors' Liaison, Supervisor Trout reported the Board approved REZ #01-
18 for Stonewall IV; Ordinance Amendment for Shipping Containers was directed back to Committee;
and an Ordinance Amendment for Storage Facilities, self-service will not be moving forward at this time.
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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PUBLIC HEARING
Rezoning #02-18 for St. Paul on the Hill, submitted by Greenway Engineering, Inc., to rezone
4.971+/- acres from the RP (Residential Performance) District to the RP (Residential Performance)
with proffers. The property is located at 1527 Senseny Road in the Red Bud Magisterial District
and is identified by Property Identification Number 54-A-128.
Action — Recommend Approval
Candice E. Perkins, Assistant Director, reported this is a request to rezone 4.971 +/-
acres from the RP (Residential Performance) to the RP District with proffers. She continued, the property
is located at 1527 Senseny Road, is located within the SWSA and UDA, and is currently designated in the
Senseny/Eastern Frederick Urban Area Plan for institutional uses. Ms. Perkins noted, while the current
designation is inconsistent with the land use plan, the Applicant is also seeking a Comprehensive Plan
Amendment to change the designation from institutional to urban center. Ms. Perkins presented a
location map of the property. She explained, with this rezoning the Applicant has proffered:
• Development on the Property shall be limited to a Church and to Housing for
Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations
issued thereunder, and any applicable state law or local ordinance; and provided
further that as to 100% of the housing units, each unit shall be rented or sold such
that at least one resident in each unit is a person at least age 55 or over.
Ms. Perkins concluded, the agenda item following this rezoning addresses the request to
change the designation from institutional to urban center; this rezoning request seeks to address the
Planning Commission's concerns regarding the Comprehensive Plan amendment request, specifically the
limitation of the property to age restricted residential units.
Mr. Evan Wyatt, of Greenway Engineering, representing the Applicant reported, at the
last Planning Commission meeting the concern was heard to try and control the land use through a private
covenant; the response is a proffer being presented that accomplishes that.
Commissioner Oates commented he is supportive of this request and it now becomes a
clean project. Commissioner Mohn agreed; this satisfies the concerns raised previously.
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 Mohn and seconded by Commissioner Dawson
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #02-18 for St. Paul on the Hill, submitted by Greenway Engineering, Inc., to rezone
4.971+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) with
proffers. The property is located at 1527 Senseny Road in the Red Bud Magisterial District and is
identified by Property Identification Number 54-A-128.
(Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.)
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CPPA #01-18 St. Paul on the Hill — Land Use Designation Amendment Request (Non -Public
Hearing Action Item) — This is a request to change the land use designation for one parcel of land
that totals 4.971 acres. The Property is identified by Property Identification Number 54-A-128 and
is located at 1527 Senseny Road in the Red Bud Magisterial District. The Property is located within
the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The
Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan for Institutional land use with environmental resources. The Applicant is
requesting to change the current Institutional designation to Urban Center.
Action — Recommend Approval
Candice E. Perkins, Assistant Director, reported this is a requested amendment to the
Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for 4.971 acres zoned RP
(Residential Performance) located within the SWSA and UDA. Ms. Perkins continued, the current plan
designation of institutional land use is reflective of the existing church located on the subject property; the
site is surrounded by institutional, residential and the Greenwood Urban Center. She noted, the Applicant
is seeking to amend the Comprehensive Plan from Institutional to Urban Center. Ms. Perkins provided a
visual of the Frederick Eastern Plan identifying the property. Ms. Perkins shared, the current by -right
density for this property if developed with townhouses or garden apartments would be 10 units per acre
(4.971 acres = current by- right units of 49); the urban Center designation would double the by -right
density and would allow up to 99 units.
Ms. Perkins concluded, the Planning Commission held a public hearing for this item at
the June 6, 2018 meeting at which time it was postponed for 45 days to provide the Applicant time to
address limiting the use of the property to housing for older persons.
Mr. Evan Wyatt of Greenway Engineering and representing the Applicant commented the
purpose of the Comprehensive Plan Amendment request is to allow the property which is zoned
residential to be developed as multi -family structure which is needed for the population that St. Paul's
plans to serve.
Upon motion made by Commissioner Mohn and seconded by Commissioner Dawson
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of CPPA #01-18 St. Paul on the Hill — Land Use Designation Amendment. This is a request to
change the land use designation for one parcel of land that totals 4.971 acres. The Property is identified
by Property Identification Number 54-A-128 and is located at 1527 Senseny Road in the Red Bud
Magisterial District. The Property is located within the Sewer and Water Service Area (SWSA) and the
Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick
Urban Area Plan of the 2035 Comprehensive Plan for Institutional land use with environmental resources.
The Applicant is requesting to change the current Institutional designation to Urban Center.
(Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.)
Conditional Use Permit #13-96 (Hogue Creek Country Market) for Winchester 101 LLC —
Revocation. This Conditional Use Permit is proposed to be revoked due to violations of conditions
4 and 7 from Conditional Use Permit #13-96 which pertains to buffers, lighting pollution, noise,
debris and hours of operation. The property is located at 4780 Northwestern Pike, Winchester,
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Virginia and is identified with Property Identification Number 40 -A -66D in the Gainesboro
Magisterial District in the RA (Rural Areas) Zoning District.
Action — Recommend Not to Revoke
Mark A. Cheran, Zoning and Subdivision Administrator, reported at the July 25, 2018
Board of Supervisors meeting, it was directed that CUP #13-96 be scheduled for potential revocation;
reason for revocation — site plan violation, hours of operation, light pollution, and blowing debris. Mr.
Cheran continued, CUP #13-96 was approved on December 11, 1996 to allow for an expansion of the
country market on parcel 40 -A -66D in the Gainesboro Magisterial District. He noted, CUP #13-96 was
approved with the following conditions:
A site plan must be submitted and approved for the proposed addition prior to
any construction activity.
Any future expansion of this facility or change of use will require a new
conditional use permit.
3. All review agency comments and requirements must be complied with at all
times.
4. At the time of site plan submittal, a buffer shall be considered along the property
line of the adjoining residence which would reduce light pollution, sound
pollution, and be able to catch blowing debris.
5. If an external speaker is used for the drive-in window, the volume must be
controlled so it is not a noise nuisance to adjoining residences.
6. The required screening to the east of the store site may be dense low screen that
would capture any blowing paper or debris that escapes from the market site.
7. The permitted hours of operation of the market will be from 5:00 a.m. to
Midnight.
Mr. Cheran presented a location map and site plan of the property. He explained, Staff
had received a complaint regarding a violation of the hours of operation; the property owner was cited on
April 2, 2018 for violating condition #7 — hours of operation (5 a.m. to midnight). Mr. Cheran noted, the
property owner applied to amend condition #7 to change the hours of operation to allow for 24 hours; the
Planning Commission recommended denial of this revision on June 6, 2018 and the Board of Supervisors
denied this change on July 25, 2018. Mr. Cheran concluded, the violations identified have been addressed
by the Applicant including the hours of operation, screening, trash, and lighting.
Commissioner Oates inquired, is the site currently adhering to the site plan. Mr. Cheran
noted, as of August 10, 2018 the site plan is being adhered to. Commissioner Oates stated in the
ordinance it reads there are three conditions for revocation; one is failure to establish or discontinue a
conditional use for more than two years; the second is repeated or continued violations on the conditions
of the CUP; the third is fraudulent or misleading information supplied by the Applicant. He asked if this
is the first violation for the current owner. Mr. Cheran explained, the current owner has been cited for
one violation; Staff has worked with him regarding site plan issues that the owner has addressed.
Commissioner Oates noted, at best there is possibly two conditions for revocation, is that enough to pull
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the CUP. Mr. Cheran commented that is a decision for the Planning Commission and the Board of
Supervisors.
Commissioner Triplett commented since the last Planning Commission meeting he has
seen action taken by the Applicant to correct some of the issues discussed.
Mr. Gifford Hampshire, Attorney with the law firm of Blankenship & Keith, representing
the Applicant came forward. Mr. Hampshire began by emphasizing the owner has been working
diligently to address the complaints brought forth by the neighbors. He presented photos that addressed
the concerns such as: fencing, signs for no parking, lighting shields put in place. Mr. Hampshire noted, a
lot has been done to address neighbor complaints and the Applicant is adhering to the midnight closure
time. He concluded, the only violation that the current owner was cited for was the excessive hours; there
may have been other complaints but only one violation, therefore the revocation is unfounded. The
Applicant wants to be a good neighbor and if any complaints arise in the future he is willing to address
them promptly.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mrs. Robin Menefee, the adjacent property owner came forward and shared her concerns
and thoughts. She explained, she has spent 18 months reporting the violation of hours, the fence was
broken for a long time allowing the trash to enter her property and her husband has spent 4 hours cleaning
up the property. Mrs. Menefee continued, after the first meeting the store continued to operate after
midnight and the trucks entering at night were not fuel trucks but customers coming in. She noted, they
are not advocating the store be closed; they feel the business and the conditions of the CUP should be
closely monitored. Mrs. Menefee concluded, she and her husband are requesting the CUP be revoked due
to the conditions being violated and recommend the adoption of a new CUP with conditions.
Ms. Tonya Elliott, an employee of the store for 3 years commented the owners are truly
nice people and are trying to comply and work with everyone on resolving the issues at hand.
Mr. James Bucher commented he lived on the adjacent property for a period of time and
the lights, noise, and trash were not major issues. He requests the store remain open for business.
Mr. Edward Menefee, the adjoining property owner commented, it took him 4 hours to
clean up trash; the noise is an ongoing issue. He noted, he has been to the store on three occasions to
address the issues and concerns and has not gotten any results. Mr. Menefee concluded, he would like to
see the business operated better so not to impact the neighbors.
Mr. Ray Hiner, a store customer commended the integrity of the store employees and
owners. He noted, being a truck driver, this store and its location offers a great service to the community.
Mr. Alan Morrison speaking on behalf of Mr. and Mrs. Charles and Brenda Newcome
thanked the Applicant for the replacement lighting shields. He continued, late night braking remains an
issue; the Newcome's do not want this store to be a truck stop and are opposed to it being open 24 hours.
Ms. Beth Potts who owns a vacation home in Capon Bridge, WV and frequents the store
would like to see it remain open.
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Mr. Darrin Derflinger a customer commented he supports the store; he has been to other
locations these owners have and likes all of the stores. He noted this CUP should not be revoked since
the owner is making an honest effort to comply with the conditions.
Mrs. Robin Menefee commented again she is not advocating the store be closed but is
asking the conditions within their control be monitored.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Mr. Hampshire commented, the Applicant will continue to address any concerns and
complaints from the neighbors or Staff.
Commissioner Oates shared, he does not feel one citation warrants revocation of the
CUP. He suggested to Mr. Morrison that Mr. and Mrs. Newcome contact Mr. John Bishop to recommend
the Transportation Committee take a look and possibly get signs from VDOT for "No Jake Brakes" being
placed in the area.
Commissioner Triplett commented he is a customer of the store; he appreciates the store
being there and the owners have done a lot to correct the concerns and complaints brought forth.
Upon motion made by Commissioner Triplett and seconded by Commissioner Mohn that
CUP # 13-96 not be revoked at this time, and the Board of Supervisors direct County Staff to monitor the
store for a minimum of 60 days.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
Conditional Use Permit #13-96 (Hogue Creek Country Market) for Winchester 101 LLC Not Be
Revoked At This Time and the Board of Supervisors direct County Staff to monitor the store for a
minimum of 60 days. This Conditional Use Permit is proposed to be revoked due to violations of
conditions 4 and 7 from Conditional Use Permit #13-96 which pertains to buffers, lighting pollution,
noise, debris and hours of operation. The property is located at 4780 Northwestern Pike, Winchester,
Virginia and is identified with Property Identification Number 40 -A -66D in the Gainesboro Magisterial
District in the RA (Rural Areas) Zoning District.
(Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.)
ACTION ITEM
Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by Greywolfe, Inc., for a tractor
truck and tractor truck trailer parking use as a Conditional Use in the Ml (Light Industrial)
District. The property is in the Stonewall Industrial Park at the end of McGhee Road (Route 861),
Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the
Stonewall Magisterial District.
Action — Recommend Approval
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Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request for a
tractor truck and tractor truck trailer parking use, as a Conditional Use in the M1 (Light Industrial)
District. He presented a location map of the property. Mr. Cheran continued, this item was postponed for
45 days at the June 6, 2018 meeting to allow the Applicant the opportunity to work with Staff on
additional conditions to address construction of structures within the Route 37 ROW. He explained, a
goal of the area plan and the Eastern Road Plan is the implementation of Route 37; the Zoning Ordinance
addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan
should be implemented. Mr. Cheran noted, the Application does not provide for the acquisition of the
future Route 37 ROW. Mr. Cheran presented the following conditions recommended by Staff:
1. All review agency comments and requirements must be complied with at all
times.
2. The site plan for this property shall be designed to accommodate the future Route
37 ROW. No structures shall be located within the future Route 37 ROW.
3. The site shall meet the requirements of the Frederick County Zoning Ordinance
Section 165-204.24 Tractor truck and truck trailer parking.
4. At such time this property develops with a by -right M1 (Light Industrial) use,
this conditional use hermit shall be null and void.
5. Any expansion or change of use shall require a new CUP.
Mr. Tim Stowe of Stowe Engineering, PLC commented, the property owner has reviewed
the conditions and is satisfied and will comply with them.
Commissioner Kenney shared, he remains concerned why Route 37 is not being
dedicated on this.
Upon motion made by Commissioner Cline and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #08-18 for Trailer Drop, LLC — submitted by Greywolfe, Inc., for a
tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial)
District. The property is in the Stonewall Industrial Park at the end of McGhee Road (Route 861),
Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the Stonewall
Magisterial District.
(Note: Commissioner Molden and Commissioner Thomas were absent from the meeting.)
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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 8:00 p.m.
Respectfully submitted,
evm W. Kenney, Chairman
Michael T. Ruddy, Secretary
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