PC 07-17-19 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 17, 2019.
PRESENT: Kevin Kenney, Chairman; Robert S. Molden, Opequon District; Gary R. Oates,
Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; Greg
L. Unger, Back Creek District; Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro
District; Alan L. Morrison, Member at Large; Kathleen Dawson, Red Bud District; Erin L. Swisshelm,
Assistant County Attorney.
ABSENT: Christopher M. Mohn, Red Bud District; H. Paige Manuel, Shawnee District: Roger L.
Thomas, Vice Chairman/Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; M. Tyler Klein, Senior Planner; Kathy Smith,
Secretary.
CALL TO ORDER
Chairman Kenney called the July 17, 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 Oates and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the minutes from the May 1, 2019 and June 5, 2019
meetings.
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Minutes of July 17, 2019
COMMITTEE REPORTS
Frederick Water — Mtg. 07/16/19
Commissioner Unger reported the Diehl Water Treatment plant excelled in its production
test; for the past 25 years, the Diehl plant was limited to withdrawing 3 mgd (million gallons per day)
from the quarries based on the agreement with the Town of Stephens City. As of June 12, 2019,
Frederick Water owns the quarry system, and the 3 mgd limitation has been eliminated. He continued, in
a recent 24-hour operation test, the Diehl plant produced 5.4 mgd, this is great news; the plant will
gradually increase its daily water projection and reduce the amount of water purchased from the City of
Winchester which will result in significant savings for Frederick Water's customers. Commissioner
Unger reported, the Frederick Water Board authorized a contract to construct water lines to serve Orchard
View Elementary School. He explained, this action results in construction of two water lines between
Orchard View and the Diehl plant; one line will deliver raw well water to the Diehl plant to be processed
into finished water for customer use; the second line will deliver finished water to the school, enabling the
school to retire their on-site water treatment system. He noted, the effort will also connect the school
property's existing fire hydrant to the public water system, ensuring reliable water service in the event of
a fire. Commissioner Unger shared the June operations report: customer base is over 16,303
connections; monthly water production averages 6.185 mgd; all quarries continue to enjoy recharge and
benefits from Frederick Water's efficient water source management and are full; rainfall for June was
2.25" and the 12 month average is 4.6".
Transportation Committee — Mtg. 07/24/19
Commissioner Oates reported the committee discussed the SmartScale Application
Development; while the application window for the next round is approximately two years away, Staff
would like to begin development of the project list for the next round to be prepared and as competitive as
possible. He shared, Staff is seeking guidance on whether the Committee wishes to hold the
transportation forum this year and all the specifics. Commissioner Oates concluded, an update on the
County projects was given at the meeting.
Comprehensive Plans and Programs Committee — Mtg. 07/08/19
Commissioner Marston reported a lengthy discussion was held on CPPA #02-19 for
Woodside Business Park; no action was taken at this time and the committee asked Staff to meet with the
County Attorney for further discussion on putting these acres into the SWSA.
Development Review and Regulations Committee — Mtg. 06/27/19
Commissioner Unger reported, the Committee discussed the following items: the
Chairman and Vice Chairman were reappointed; a summary was provided on a previous zoning ordinance
text amendments, discussed and recommended to go forward but did not receive support for a public
hearing by the Board of Supervisors. He continued, the Committee discussed a proposal to add a
definition for "Public Utilities" to the Zoning Ordinance which included an allowance for solar facilities
as a by -right use in certain Zoning Districts and new supplemental use regulations to include provisions
for the decommissioning of solar facilities as required under the Code of Virginia.
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Minutes of July 17, 2019
Board of Supervisors — Mtg. 07/10/19
Board of Supervisors' Liaison, Supervisor Trout reported CUP #03-19 for Arthur Sisk for
a landscape contracting business in the Gainesboro Magisterial District was approved. She noted the
Board of Supervisors has directed Planning Staff to look at CUP's and provide more guidelines.
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.
PUBLIC HEARING
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.
Action — Recommend Approval
Mr. M. Tyler Klein, Senior Planner, reported this application was submitted for a public
garage with body repair (custom car part fabrication). He continued, the property is located at 4564 North
Frederick Pike, Winchester, Virginia in the Gainesboro Magisterial District; the property is zoned RA
(Rural Areas) and the current land use is Residential. He noted, there is a single family detached home on
the property. Mr. Klein stated, the Applicant is seeking a Conditional Use Permit for a public garage with
body repair specifically for the fabrication of custom drag car chassis. He presented a locations map of
the property. Mr. Klein explained, public garages are allowed in the RA Zoning District and permitted
with and approved CUP. He noted, no employees are proposed with this use, and customers will drop-off
and pick-up their vehicles; all work will be performed within an existing building. Mr. Klein concluded,
Staff recommends the following conditions:
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.
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.
Frederick County Planning Commission Page 3643
Minutes of July 17, 2019
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.
Commissioner Oates commented and asked, in the past autobody shops generally
required any vehicles awaiting service be in a fenced opaque area; this CUP states it has to be inside the
building or structure, was this the Applicant's request. Mr. Klein explained it was the Applicant's
request; as part of their application narrative is stated that they would be storing all the vehicles under
service or awaiting service inside the structure.
Commissioner Unger asked is VDOT going to require the Applicant to put in a new
entrance. Mr. Klein referred to the VDOT comments; they will require the Applicant to apply for a
commercial entrance permit and recommend some upgrades to make sure there is sufficient access. He
noted, in this applications case the current entrance is a right in right out because of the divided roadway
and at the application for the permit VDOT will make their recommendations.
Mr. Jonathan DeHaven, the Applicant came forward and noted his work is building roll
cages and custom framework for drag cars and dirt cars. Commissioner Unger asked the Applicant how
many vehicles he would likely get in one month. Mr. DeHaven stated he would have a car come in and
work on that for a month or two; when that car is picked up, he will notify the next customer that he is
ready for their car. He noted, there will not be any cars sitting outside of his shop. Commissioner Unger
commented, he is concerned VDOT may require expensive upgrades to the entrance and he feels this
would be excessive. Mr. DeHaven stated, VDOT told him he would need to pave back from the road 10
feet and he informed VDOT he wants to pave at least 40 feet back from the road.
Commissioner Morrison asked the Applicant if he would be doing any engine repair. Mr.
DeHaven commented he would not, and the vehicles will not have engines so they will either be pushed
on a trailer or winched on for transport.
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 Triplett and seconded by Commissioner Morrison
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of 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.
Other
Mr. Michael T. Ruddy, Director, reported the Board of Supervisors has directed the
Planning Commission to review Conditional Use Permits within Frederick County and the intent is to
look at some of the uses and determine if the scale of the uses is appropriate; then it would go to the
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Minutes of July 17, 2019
DRRC and prior to that feedback from the Planning Commission is necessary. Commissioner Oates
commented when doing this CUP review maybe they should look at the small items too and detennine
whether they really need to be a CUP.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
F
Kevin W. Kenney, Chairman
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3645
Minutes of July 17, 2019