PC 06-05-19 Meeting MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Heid 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.
Frederick County Planning Commission Page 3638
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.
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.
Frederick County Planning Commission Page 3639
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.
Frederick County Planning Commission Page 3640
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, lairman
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3641
Minutes of June 5, 2019