PC 09-04-19 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 September 4, 2019.
PRESENT: Kevin Kenney, Chairman; Robert S. Molden, Opequon District; Gary R. Oates,
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; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B.
Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; William H. Cline, Stonewall District; H.
Paige Manuel, Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision
Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the September 4, 2019 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chainnan 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 Marston, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
Frederick County Planning Commission Page 3652
Minutes of September 4, 2019
COMMITTEE REPORTS
Transportation Committee — Mtg. 08/26/19
Commissioner Oates reported, the Committee did not approve the following: a truck
restriction request for Brucetown Road; and a speed limit reduction request for Armel Road. He
concluded, the Transportation Forum was discussed, and a date was set for October 8t1' at 6:00 p.m.; and a
County project update was given.
Frederick Water — Mts. 08/20/19
Commissioner Unger reported, the Frederick Water Board of Directors authorized its
Executive Director to enter a sewer service agreement with the Town of Middletown and Shaffer's BBQ
which would result in Shaffer's BBQ & Market having access to public sewer. The Shaffer's Market is
presently served by an undersized drain field, so public sewer was being sought; since the Shaffer's BBQ
property is not located within the Town of Middletown nor within the County's Sewer and Water Service
Area (SWSA), the Board of Supervisors entertained and granted a requested SWSA exception in March
2018, enabling Frederick Water to provide sewer service to Shaffer's BBQ. He continued, Frederick
Water does not presently have sewer service available in this area of the County; the sewer service
agreement enables Frederick Water to purchase sewer service from the Town of Middletown, and to
service the daily sewer requirements for Shaffer's BBQ. Commissioner Unger reported the following
projects are on schedule: construction of the Stonewall Ballpark in Stephenson; construction of the Route
37 Water Main; Construction of the Lake Frederick Water Tank. He noted, the Opequon Water Supply
Plan will be put out for construction bid this fall; the 8 million gallon per day water treatment plant will
be operational in Summer 2021. Commissioner Unger shared the operations report for July: customer
base is over 16,409 connections; monthly water production averages 6.915 mgd; all quarries continue to
remain full and in excellent shape.
Comprehensive Plans and Programs Committee — Mtg. 08/12/19
Commissioner Mohn reported, the Committee recommended to move forward CPPA
#02-19 for Woodside Business Park. He noted a joint work session was discussed to be held with the
Board of Supervisors.
Development Review and Regulations Committee — Mtg. 08/22/19
Commissioner Unger reported, the Committee discussed the items which are on the
Planning Commission Agenda this evening: Public Utilities including utility -scale solar power
generating facilities; Evaluation of Conditional uses in the Ra Zoning District; Landscaping, buffer and
screening, off-street parking, and requirements for certain uses.
City of Winchester — MtI4. 09/03/19
Commissioner Ray, Winchester City Planning Commission Liaison reported the
commission discussed the editing of the Comprehensive Plan and a zoning request.
Frederick County Planning Commission Page 3653
Minutes of September 4, 2019
Board of Supervisors — Mta. 08/14/19
Board of Supervisors' Liaison, Supervisor Trout reported the Board approved CUP #04-
19 Jonathan DeHaven and denied CUP #05-18 for Waveland Farm LLC. She noted a SWSA exception
was granted for Orchard View Elementary and West Oak Farm Market.
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.
INFORMATION / DISCUSSION
Public Utilities including utility -scale solar power generating facilities — Discussion of a request by
County Staff to include a definition for "Public Utilities" that also includes utility -scale solar power
generating facilities and solar power generating facility decommissioning requirements in the
Frederick County Zoning Ordinance Supplemental Use Regulations as required under the Code of
Virginia.
M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 —
Zoning Ordinance to provide: A definition for "Public Utilities" that includes utility -scale solar power
energy generating facilities; and additional regulations for specific uses that requires utility -scale solar
generating energy facilities to make arrangements, including financial security, for decommissioning
consistent with/as required by the Code of Virginia, and site plan review/approval only for utility -scale
solar power generating facilities. Mr. Klein noted, the changes to the additional regulations for specific
uses section does not affect current public utilities, including water/sewer treatment and distribution
facilities. Mr. Klein presented the definition of Public Utilities: power generating facilities, booster or
relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities
(including utility -scale solar power generating facilities), and sewer and water treatment facilities
including sewer and water transmission lines; such facilities may be owned by public utilities, public
agencies, or those operators with a "Certificate of Public Convenience."
Mr. Klein reported, the intent of this text amendment is to codify a determination that
"utility -scale solar power generating facilities" would be considered a "public utility" and to codify recent
changes to the Code of Virginia to include the decommissioning of solar energy facilities. He continued,
the text amendment also cleans up terminology for "public utilities" throughout the Zoning Ordinance;
the text amendment does not amend requirements for other types of public utilities, including those
facilities owned/operated by Frederick Water. Mr. Klein concluded, the DRRC discussed this item at
their June 271, July 25'x', and August 22nd regular meetings and supported the proposed changes.
Commissioner Unger recommended this item move forward to the Board of Supervisors for further
discussion.
Frederick County Planning Commission Page 3654
Minutes of September 4, 2019
Conditional uses in the RA (Rural Areas) District — Discussion of Conditional uses in the RA
District to redefine the conditional use "country general store" to exclude all fuel sales and cap the
square footage allowed at 3,500 square feet uses, providing additional regulations for specific uses
(country general store), eliminate, combine and refine certain conditional uses and codify certain
Zoning Determination relating to "home occupations", "cottage occupations", and "kennels".
M. Tyler Klein, Senior Planner, reported the purpose of the proposed amendment is to:
add clarity to specific uses where the intensity of a given use is important in considering its
appropriateness for a CUP; and to provide consistency in allowance and implementation of certain uses.
He continued, the Board of Supervisors directed the Planning Commission to evaluate the CUP process
and those listed conditional uses to ensure that the uses, and scale of the uses, are appropriate for the
zoning district in which they are allowed. Mr. Klein noted, this is a proposed amendment to Chapter 165
— Zoning Ordinance to:
1. Further define the conditional use country_ general store to exclude all fuel
sales and cap the square footage allowed at 3,500 square feet (SF).
2. Provide additional regulations for specific uses (country general store).
3. Eliminate, combine, and refine certain conditional uses.
4. Codify Zoning Determinations relating to home occupations, cottage
occupations, and kennels to reduce the number of Conditional Use Permit
(CUP) applications.
Mr. Klein provided the definition of Country General Store: a retail business, without
accessory fuel sales, not to exceed 3,500 square feet gross retail floor area, allowed where specified in the
rural zoning districts which sells groceries along with a variety of other retail goods. Mr. Klein
concluded, the DRRC discussed this item at their August 22" regular meeting; the DRRC supported the
proposed changes and suggested further evaluation of "special event facilities" if directed by the Board of
Supervisors. Chairman Kenney inquired if the definition was based on any other localities. Mr. Klein
noted it was not. Commissioner Oates asked if in excess of 3,500 SF no matter where located they will
need to rezone. Mr. Klein stated that is correct.
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 Marston and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
i
evin W. Kenney, Chairman 61
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3655
Minutes of September 4, 2019