PC 07-17-19 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
July 17, 2019
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ....................................................................... (no tab)
2) May 1, 2019 and June 5, 2019 Meeting Minutes .................................................................. (A)
3) Committee Reports ......................................................................................................... (no tab)
4) Citizen Comments .......................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #04-19 for Jonathan DeHaven, submitted for a public garage
with body repair (custom car fabrication). The property is located at 4564 North Frederick
Pike, Winchester, Virginia and is identified with Property Identification Number 30-A-29A
in the Gainesboro Magisterial District.
Mr. Klein ................................................................................................................................. (B)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
Frederick County Planning Commission Page 3630
Minutes of May 1, 2019
MEETING 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 May 1, 2019.
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;
Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back
Creek District; . Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L.
Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud
District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; Mark R. Cheran, Zoning & Subdivision Administrator;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the May 1, 2019 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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Frederick County Planning Commission Page 3631
Minutes of May 1, 2019
COMMITTEE REPORTS
Transportation Committee – Mtg. 04/22/19
Commissioner Oates reported the Committee discussed the Interstate, Primary, and
Secondary Road Plan updates. The Committee also discussed the SmartScale program and noted there
are some good ideas, but a solution needs to be sought. Commissioner Oates concluded the Committee
heard information on the MPO Unified Planning Work Program and an update on County projects.
Board of Supervisors – Mtg. 04/24/19
Board of Supervisors’ Liaison, Supervisor McCann-Slaughter reported the Board heard
information and discussed SP #23-18 for Liberty Chase.
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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 public comments portion of the meeting.
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PUBLIC HEARING
Draft Update of the 2019-2020 Frederick County Primary and Interstate Road Improvement Plans.
The Primary and Interstate Road Improvement Plans establish priorities for improvements to the
Primary and Interstate road networks within Frederick County. Comments from the
Transportation Committee will be forwarded to the Planning Commission and Board of
Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to
the Commonwealth Transportation Board for consideration.
Action – Recommend Approval
John A. Bishop, Assistant Director Transportation, presented an overview of this item to
consider the update of the 2019 – 2020 Interstate, Primary, and Secondary Road Improvement Plans.
Interstate Plan Updates are as follows:
• Separate Widening and Interchange priorities to remove potential conflicts.
• Update segment priorities.
• Add emphasis on safety patrols and increase variable message signs.
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Minutes of May 1, 2019
Primary Plan Updates are as follows:
• Create a 4th Route 37 priority segment, new segment 1D was formerly included
with 1B.
• Add note that all Primary roadway upgrades on non-limited access roadways
should include access management and safety upgrades.
Secondary Plan Updates are as follows:
• Update Major road improvements list to reflect current activities.
• Add Fishel Road and Canterburg Road to the scheduled list for hard surfacing.
• Add Knob Road to the unscheduled list for hard surfacing.
Mr. Bishop concluded, the Transportation Committee reviewed this item on April 22,
2019 and recommended approval.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Michael Moreland of the Back Creek District came forward and asked if both
segments of Laurel Grove Road will be completed at the same time in 2020. Mr. Bishop commented,
both segments are scheduled for 2020 at the same time.
No one else came forward to speak and Chairman Kenney 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 unanimously recommend
approval of the Draft Update of the 2019-2020 Frederick County Interstate, Primary and Secondary Road
Improvement Plans.
CPPA #02-18 Brucetown Road Area Amendment – Sewer and Water Service Area (SWSA)
expansion and land use designation associated with Comprehensive Plan Amendment #02-18 for
the Carter Tract. This is a request to amend the Northeast Land Use Plan of the 2035
Comprehensive Plan. This amendment request proposes to add 109 acres into the Sewer and
Water Service Area (SWSA) and remove 109 acres from the SWSA. This amendment also seeks to
designate the 109 acres for industrial uses.
Action – Recommend Denial
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 proposed amendment to the
2035 Comprehensive Plan (#02-18 for the Carter Tract). This amendment proposes to add 109 acres into
the SWSA and remove 109 acres from the SWSA. She continued, this amendment also seeks to
designate the new area for industrial land uses. It was noted, the subject property is located on the
southern side of Brucetown Road and adjoins the existing quarry. Ms. Perkins presented a locations map
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Minutes of May 1, 2019
of the property and a map of the proposed SWSA adjustment. She reported, text for the Comprehensive
Plan includes:
• An industrial land use designation for the site.
• Recognition of the road network and improvements that may be identified as necessary
for future development.
• Discusses the relocation of Brucetown Road from its current location and improvements
to Brucetown Road.
• Improvements to Martinsburg Pike and Hopewell Road.
• No new access to Brucetown Road – only from the existing quarry entrance.
• Recognition of water and sewer capacity limitations.
• Protection of environmental features, including enhanced riparian buffers, protection of
existing drainage areas, air quality.
• Buffering between industrial uses and the rural community center – encourage the use of
landscaping and distance for screening.
• Encouragement of the use of rail.
Ms. Perkins explained the path of this amendment and the results: the CPPC discussed at
the October and November 2018 meetings; the Planning Commission discussed it at the December 2018
meeting and sent it back to the CPPC for further consideration of transportation impacts and SWSA
limits; the CPPC discussed this at the February 2019 meeting and endorsed revised text that expanded
upon the transportation expectations, environmental text, buffers from the rural community center and
revised the SWSA limits to show the 109 acres; the Planning Commission discussed this at their March 6,
2019 meeting and endorsed the text and SWSA limits and sent forth to the Board of Supervisors; the
Board of Supervisors discussed this amendment at their April 10th meeting and sent the item forward for
public hearing.
Commissioner Morrison commented, the 109 acres slated to be removed from the SWSA
and the 109 acres being added is being described as a net zero change however looking at the 109 acres
being removed the likely hood of them being developed is virtually nonexistent. Ms. Perkins explained, it
is about how Frederick Water looks at the existing limits on the SWSA and property within it, so the
potential is there for that quarry area because it is within the limits of the SW SA; by removing that it will
still be a net zero when reviewed by Frederick Water.
Mr. Tim Stowe of Stowe Engineering, PLC on behalf of the Applicant reported there
have been a lot of discussion on this amendment and it boils down to two items:
o Change in the SWSA – this is a no increase in the area of the SWSA, he referenced a
memo from Eric Lawrence of Frederick Water on December 11, 2018; the limitation is
placed on the wastewater that can be discharged from the property and that can control
what happens there; taking land that cannot be developed out of the quarry and being able
to transfer that SWSA over to land that can be developed and use it productively.
o Land Use – going from agricultural to the manufacturing land use; this has gone through
studies by Staff, the CPPC, and ultimately to the Board of Supervisors.
Mr. Stowe commented, they feel the concerns shared at the community meetings have
been addressed by the text change such as traffic, access to acreage from existing entrance, sewer a nd
water capacity, encouraging the use of rail, protection of overall environment and air quality, and
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Minutes of May 1, 2019
buffering. He noted, the Comprehensive Plan is only a guide and not prescribed legislation, therefore the
opportunity is there to make amendments.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Michael Holly of The Clorox Company commented they held public meetings, heard
the community concerns, and he feels they have addressed these. He noted their commitment to work
with the community.
Ms. Cathy Whittier came forward and shared her concerns with traffic in the area and the
impacts of a global company which she feels will be significant.
Ms. Brenda Fristoe commented she has reviewed the Comprehensive Plan and feels
Clorox does not follow this plan. She continued, the buffer should stay as is and the Comprehensive Plan
should not change for one company. She requested the Planning Commission vote no for this item.
Mr. Arthur Bragg commented, Clorox does not conform to the Comprehensive Plan and
requested the Planning Commission vote to deny this request.
Mr. Mark Georgiana asked what the plans are to widen Brucetown Road; he feels the
traffic impacts will be significant. He concluded if approved this will open the door for others to do the
same and requested this request be denied.
Mr. Tom Macumber commented he’s been told for years this buffer will remain in place
and now it will be moving closer. He feels this item should be denied.
Mr. David Riner stated he agrees with the citizen comments and that this will also affect
the County schools; he requested a vote of no on this item.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Thomas asked Staff if this encompasses any of the Brucetown Rural
Community Center. Ms. Perkins noted it does not and is outside of that. Commissioner Molden asked
Mr. Stowe if a traffic study was or should be performed on moving the Carmeuse entrance. Mr. Stowe
commented a traffic study was not performed and would not be until a rezoning process. Commissioner
Molden stated he feels this is a prime issue. Commissioner Thomas stated this is a SWSA and
Comprehensive Plan Amendment and not a rezoning. He continued, it would be increasing industrial
base as part of the Comprehensive Plan, taking 109 acres of nondevelopable property out and adding 109
acres that can be used to increase the County’s industrial base, have a railroad spur there, it is outside of
the Brucetown Rural Community Center, not increasing the water and sewer allocation set aside by
Frederick Water whether the land is used or not. He stated, he is inclined to agree with this as a
Comprehensive Plan Amendment and a SWSA Amendment and all concerns tonight would be addressed
at a rezoning should that ever take place; he feels the 109 acres of industrial land is needed in the County.
Commissioner Mohn commented, through the process and at the CPPC they looked at
this with different boundaries to it; from the CPPC perspective the idea was that they wanted this to stand
on its own as an appropriate expansion to the extent it would happen as a Comprehensive Plan
Amendment. He continued, from that prospective it was regardless of who an ultimate user would be,
who would come forward with a rezoning in the future and to try to have a balance with it in terms of the
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Minutes of May 1, 2019
area that was appropriate for the expansion and to consider those things from a policy standpoint that will
be critical in the future. He concluded, this is a sound amendment from the CPPC perspective and one
that makes sense and a long way from anything being done; he is inclined to support this. Commissioner
Unger commented he supports the Comprehensive Plant and feels the 109 acres put into the SWSA
previously should not have taken place.
Upon motion made by Commissioner Cline and seconded by Commissioner Morrison
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend Denial of
CPPA #02-18 Brucetown Road Area Amendment – Sewer and Water Service Area (SWSA) expansion
and land use designation associated with Comprehensive Plan Amendment #02-18 for the Carter Tract.
This is a request to amend the Northeast Land Use Plan of the 2035 Comprehensive Plan. This
amendment request proposes to add 109 acres into the Sewer and Water Service Area (SWSA) and
remove 109 acres from the SWSA. This amendment also seeks to designate the 109 acres for industrial
uses.
YES: Unger, Marston, Ambrogi, Morrison, Triplett, Cline, Kenney
No: Manuel, Thomas, Molden, Dawson, Mohn
CPPA #01-19 Blackburn Property Workforce Housing – Urban Development Area (UDA)
expansion and land use designation change associated with the Comprehensive Plan Amendment
#01-19 for Blackburn Property. This is a request to amend the Kernstown Area Plan of the 2035
Comprehensive Plan. This is a request to add 71.849 acres to the UDA. This amendment also seeks
to designate the 71.849 acres for workforce housing.
Action – Recommend Denial
Commissioner Marston would abstain from all discussion on this item for a possible
conflict of interest.
Candice E. Perkins, Assistant Director, reported, at the Board of Supervisors December
12, 2018 meeting the Board directed Staff to undertake an Urban Development Area (UDA) expansion
and land use designation change for the Blackburn Property Workforce Housing request. She continued,
this amendment proposed to add 71.7 acres into the UDA and designate the site for a residential
/workforce housing land use; this site is currently designated for industrial land uses and split zoned
RA/M1. Ms. Perkins explained, the Applicant is requesting the UDA expansion and land use designation
to allow for the development of workforce housing that would provide affordable housing opportunities
for residents of the community located within reasonable proximity of workplaces in the community. She
presented a zoning map of the property and long-range Land Use maps. Ms. Perkins shared the text for
the Comprehensive Plan:
• Affordable residential housing for households that average 60% of the median household
income.
• Promote high quality design that is complementary to the existing residential uses.
• Recommends limited heights to minimize visual impacts to the battlefield.
• Recommends single family detached housing units with no more than 4 units per acres.
Ms. Perkins shared, the Comprehensive Plans and Programs Committee (CPPC)
discussed this request at their February 2019 meeting. She explained, the CPPC recognized that
Frederick County Planning Commission Page 3636
Minutes of May 1, 2019
workforce housing was needed within the County but expressed c oncern with the area this was proposed
for; the CPPC did not support the loss of planned industrial land and recommended denial of the request.
Ms. Perkins concluded, the Planning Commission discussed this request at their March 6, 2019 meeting
and did not support the request and the Board of Supervisors discussed this amendment at their April 10,
2019 meeting and sent the item forward for public hearing.
Mr. Evan Wyatt of Greenway Engineering and representing the Applicant reported, after
the last Planning Commission discussion there were three primary items taken from the discussion:
• The concern with removing land that was designated as industrial in the Comprehensive
Plan – the site constraints that have been identified over time were not realized when the
initial Comprehensive Plan designation was made for the Blackburn Property. It is a very
difficult site for industrial.
• Is this site appropriately located (if it becomes Workforce Housing) within proximity of
employment clusters – have identified several clusters and did drive times from the
project site to those areas, and the proximity of those clusters ranged from 1 to 6 minutes;
they feel the location is appropriate from a travel perspective.
• The concern with residential land use development on the Blackburn Property – it is
important to remember the Comprehensive Plan currently does not designate areas for
Workforce Housing; they feel this revision is needed because it is not something
previously addressed in the Comprehensive Plan.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Delmara Bayliss came forward and spoke in favor of this project. She noted the
number of families with good jobs in this area that would benefit from this (nurses, secretaries, teachers,
firefighters). Ms. Bayliss asked the Planning Commission to vote to approve this request.
Mr. Joseph Jablonski, the Volunteer Coordinator for Valley Assistance Network spoke in
support of this item and share the needs within the community this could benefit.
Mr. John Misal commented he agrees with the need of Workforce Housing in Frederick
County, but he disagrees with the proposed location because of traffic, jobs, public transportation not
available. He would like for this request to be denied.
Mr. Matt Moats commented this is a well-intended project but his is not a good location
and there are other areas in the County that would be more accommodating.
Mr. Dennis Cotor commented he questions whether this is a good residential site
primarily due to the proximity to Route 37 and he feels there is plenty of undeveloped residential land
available in Frederick County better suited for this request.
Mr. Roy Wilkins stated traffic is already an issue in this area and this project will add too
many cars to the already busy County roads and intersections.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Thomas requested the CPPC gather information on Workforce Housing,
so everyone knows what it is about. He feels this should stay industrial land. Commissioners Unger,
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Minutes of May 1, 2019
Oates, and Mohn agreed, traffic will be a major issue in this area and the land needs to stay as industrial
designation.
Upon motion made by Commissioner Unger and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
Denial of CPPA #01-19 Blackburn Property Workforce Housing – Urban Development Area (UDA)
expansion and land use designation change associated with the Comprehensive Plan Amendment #01 -19
for Blackburn Property. This is a request to amend the Kernstown Area Plan of the 2035 Comprehensive
Plan. This is a request to add 71.849 acres to the UDA. This amendment also seeks to designate the
71.849 acres for workforce housing.
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Cancelation of the regular meeting
Chairman Kenney announced there were no pending items for the Planning
Commission’s May 15, 2019 meeting and it will be canceled.
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 8:40 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3638
Minutes of June 5, 2019
MEETING 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 5, 2019.
PRESENT: Kevin Kenney, Chairman; Gary R. Oates, Stonewall District; William H. Cline,
Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Rhodes
Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at
Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District;
Greg L. Unger, Back Creek District; Christopher M. Mohn, Red Bud District.
STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision
Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the June 5, 2019 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 Triplett and seconded by Commissioner Manuel,
the Planning Commission unanimously adopted the minutes from the April 3, 2019 and April 17, 2019
meetings.
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Frederick County Planning Commission Page 3639
Minutes of June 5, 2019
COMMITTEE REPORTS
Frederick Water – Mtg. 05/07/19
Commissioner Oates reported, the Frederick Water Board of Directors held a Special
Meeting on May 7, 2019 and unanimously adopted a resolution approving execution of a Settlement
Agreement with the Town of Stephens City; the resolution authorized its Chairman, Mr. Gary Oates, to
sign the Settlement Agreement. He continued, at the regular meeting that followed, the Stephens City
Town Council adopted a similar resolution, and authorized Council Member Linden Fravel to sign the
Settlement Agreement on behalf of the Town Council. The Settlement Agreement was signed by both
parties. Commissioner Oates explained, the Settlement Agreement will be fully implemented over the
next month; both organizations stand to benefit from the agreement. He noted, Frederick Water will take
free and clear ownership title to three water filled quarries, all water rights, and lands totaling over 170
acres; the Town will receive discounted water and wastewater rates. Commissioner Oates concluded,
once the Settlement Agreement is implemented over the next month, the pending litigation will be
dismissed.
City of Winchester – Mtg. 05/21/19
Commissioner Eaton, Winchester City Planning Commission Liaison, reported the
Commission approved two CUP’s on North Cameron Street to allow for major repair of nonconforming
structure in High Density Residential. The five -year Capital Improvement Plan was presented and
discussed by the Commission.
Board of Supervisors – Mtg. 05/08/19 and 05/22/19
Board of Supervisors’ Liaison, Supervisor McCann-Slaughter reported the Board
approved CUP #03-19 for Connie Moss (dog kennel expansion), the Interstate, Primary, and Secondary
Road Improvement Plans; they denied CPPA #02-18 Brucetown Road Area Amendment and CPPA #01-
19 Blackburn Property Workforce Housing.
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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 public comments portion of the meeting.
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Frederick County Planning Commission Page 3640
Minutes of June 5, 2019
PUBLIC HEARING
Conditional Use Permit #03-19 for Arthur Nelson Sisk, submitted for a landscape contracting
business. The property is located at 154 Gainesboro Road, Winchester, Virginia and is identified
with Property Identification Number 29-A-73C in the Gainesboro Magisterial District.
Action – Recommend Approval
Mr. Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for
the establishment of a landscape contracting business in the RA (Rural Areas) Zoning District. He noted,
the current land use is Commercial Outdoor Recreation and the proposed use is landscape contracting.
Mr. Cheran presented a locations map of the property. He continued, this proposed use will take place on
a three (3) acre tract of land and this tract of land currently has an approved CUP (CUP #004 -98) for a
commercial outdoor recreation facility (miniature golf) with an approved site plan; this proposed
landscape business will replace the miniature golf course use. Mr. Cheran shared, the location of this
proposed landscaping contracting business will be located within the Gainesboro Rural Community
Center as identified within the Comprehensive Plan. He noted, the Comprehensive Plan discourages large
residential development within its Rural Community Centers but allows for commercial uses, if the uses
are in scale and nature for the Gainesboro Community Center; a mix of agricultural, commercial, and
residential uses are envisioned for this Rural Community Center. Mr. Cheran reported, landscape
contracting in the RA Zoning District is permitted with an approved CUP; based on the description of the
use provided there will be no more than 6 employees and contain no more than 9 vehicles store on the
site. He explained, all business transactions of this CUP will occur within and existing office with 2
employees on site; the majority of the business operation will be conducted off site; and the hours of
operation will be Monday – Sunday from 8 a.m. to 8 p.m. Mr. Cheran presented and illustrative sketch
plan provided by the Applicant. He noted the only entrance will be on Gainesboro Road. Mr. Cheran
presented the conditions as recommended by Staff:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick
County and all improvements completed prior to the establishment of the use,
including the screening of vehicles and equipment.
3. Two, non-illuminated freestanding monument business signs shall be allowed
with this Conditional Use Permit. Signage along Route 522 shall be fifty (50)
sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road
(Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height.
4. Access to the site will only be via the existing Gainesboro Road (Route 684)
entrance.
5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week.
6. There will be no more than six (6) employees with this use and on site at any
given time.
7. Conditional Use Permit #004-98 shall be void upon approval of this
Conditional Use Permit.
8. Any expansion or change of use shall require a new Conditional Use Permit.
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Minutes of June 5, 2019
Commissioner Dawson inquired will there be any chipping done on site for this use. Mr.
Ben Butler, representing the Applicant came forward and commented there will not be chipping on site
and this will be a small operation. Commissioner Marston asked if any retailing will be done on site. Mr.
Butler noted retail business on site will be very limited.
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.
Commissioner Triplett thanked Mr. and Mrs. Dousa for their contribution to the
community over the years.
Upon motion made by Commissioner Triplett and seconded by Commissioner Dawson
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #03-19 for Arthur Nelson Sisk, submitted for a landscape contraction
business. The property is located at 154 Gainesboro Road, Winchester, Virginia and is identified with
Property Identification Number 29-A-73C in the Gainesboro Magisterial District.
-------------
Cancelation of the regular meeting
Chairman Kenney announced there were no pending items for the Planning
Commission’s June 19, 2019 and July 3, 2019 meetings and they will be canceled.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Manuel to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously
passed. The meeting adjourned at 7:15 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #03-19
Jonathan DeHaven – Public Garage with Body Repair
Staff Report for the Planning Commission
Prepared: July 3, 2019
Staff Contact: M. Tyler Klein, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/17/19 Pending
Board of Supervisors: 08/14/19 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage
with body repair (for fabricating custom car parts) business in the RA (Rural Areas) Zoning
District. Should the Planning Commission find this application for a custom car parts business to
be appropriate, Staff recommends that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County
and all improvements completed prior to the establishment of the use.
3. All auto repair related activities, including storage of vehicles awaiting service, shall
occur entirely within an enclosed structure. Any exterior storage of parts and
equipment shall be screened from view by an opaque fence or screen at least six (6)
feet in height.
4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to
noon on Saturdays and closed Sundays.
5. Any proposed business sign 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #04-19, Jonathan DeHaven – Auto Repair Business
July 3, 2019
LOCATION: The subject property is located at 4564 N. Frederick Pike, Winchester.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-29A
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential (single-family detached)
South: RA (Rural Areas) Use: School
East: RA (Rural Areas) Use: Residential (single-family detached)
West: RA (Rural Areas) Use: Residential (single-family detached)
PROPOSED USE: The Applicant proposes the establishment of a public garage with body
repair (for fabricating custom car parts).
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have measurable impact on Route 522, North Frederick Pike, the VDOT
facility which would provide access to the property. Prior to operation of the business, the
existing entrance must be upgraded to meet current commercial entrance standards to allow for a
safe egress and ingress of the property. Any work performed on the State’s right-of-way must be
covered under a land use permit. The permit is issued by this office and requires an inspection
fee and surety bond coverage.
See original comment letter dated May 7, 2019 from Gregory Hoffman.
Frederick County Inspections: Conditional Use require to use existing residential garage for
commercial use. The area utilized shall comply with The 2015 Virginia Uniform Statewide
Building Code, Virginia Mechanical Code 2015, and ANSI A 117.1-09 – Accessible and Usable
Buildings and Facilities.
Please submit a permit application for the change of use. Please include a floor plan of the
current garage layout and a future floor plan of the proposed layout.
Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking
area/unloading to entrance shall be provided.
Page 3
CUP #04-19, Jonathan DeHaven – Auto Repair Business
July 3, 2019
Final inspection/approval with certificate of occupancy shall be issued prior to new use of the
facility.
Public restrooms facilities shall be provided with 500’.
See original comment letter dated May 6, 2019, from Mark Fleet, Building Official.
Frederick County Fire Marshall: CUP Approved provided that the following is met. There be
at least 1 5# ABC multipurpose fire extinguisher hung and readily accessible. There be at least 1
functioning smoke or heat detector in the shop.
See original comment letter dated April 19, 2019 from Kenneth Scott Jr., Fire Marshal.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit for operating a specialty shop to work on
drag racers and race cars at 4564 N. Frederick Pike, Winchester, VA 22603 Tax Map #30-A-
29A. There appears to be no potential for encroachment on any existing sewage disposal
systems or wells on the property or an any adjoining properties. The Applicant says that the
customers will only drop off cars, but that there will be no waiting area for customers. The
applicant will not have any employees engaged in the proposed enterprise. Currently, there are
only two individuals living on the property. Therefore, the proposed operation will not adversely
impact the existing sewage disposal system or water suppl y (well) serving the property. This
Health Department has no objections to the use of the property for working on drag cars and
racecars. Applicant is welcome to contact this Health Department at (540) 722 -3480 about any
part of this correspondence.
See original comment letter dated April 16, 2019 from Herbert Coremier, E.H. Supervisor.
Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a public garage with
body repair. The application states the proposed use will be for a “specialty auto shop” without
engine repair or oil changes, “fabricating custom drag car race car chassis.” The Applicant notes
customers may drop off their car, for up to two months, and pick up the vehicle when the work is
complete. No customer waiting area is proposed with this use. The Frederick County Zoning
Ordinance defines a “Public Garage” as designed or used for servicing, repairing or equipping
motor vehicles. No employees are proposed with this use. The proposed use take place entirely
within an existing building on-site.
Access to the property is provided by a private driveway from North Frederick Pike (Route 522).
The property is surrounded by other RA (Rural Areas) zoned property, which includes single -
family detached residences. The 2035 Comprehensive Policy Plan of Frederick County
(Comprehensive Plan) identifies this area of the County as “rural” and is to remain
Page 4
CUP #04-19, Jonathan DeHaven – Auto Repair Business
July 3, 2019
rural/agricultural in nature and is not part of any land use study.
STAFF CONCLUSIONS FOR THE 07/14/19 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage
with body repair (fabricating custom car parts) business in the RA (Rural Areas) Zoning District.
Should the Planning Commission find this application for a custom car parts business to be
appropriate, Staff recommends that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use.
3. All auto repair related activities, including storage of vehicles awaiting service, shall
occur entirely within an enclosed structure. Any exterior storage of parts and equipment
shall be screened from view by an opaque fence or screen at least six (6) feet in height.
4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon
on Saturdays and closed Sundays.
5. Any proposed business sign 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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