PC 10-16-19 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 October 16, 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; J. 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; and Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark R.
Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the October 16, 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 September 4, 2019 meeting.
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COMMITTEE REPORTS
City of Winchester — Mtg. 10/15/19
COiiiiiiissioner Tagnesi, Winchester City Planning Commission Liaison, reported the
Commission held a work session to discuss and review the Comprehensive Plan.
Board of Supervisors — Mtn. 10/09/19
Board of Supervisors' Liaison, Supervisor Trout reported the Board discussed an item
pertaining to Landscaping, Buffers, Screening, and off street parking. Also discussed were commercial
Telecommunications facilities.
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 Chainnan Kenney closed the public comments portion of the meeting.
PUBLIC HEARING
Rezoning #03-19 for Berlin Steel and Dennis Ridings, submitted by Painter -Lewis, P.L.C., to rezone
15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with
proffers. The properties are on the eastern side of Ridings Lane, which intersects with Route 277 in
the Opequon Magisterial District and are identified by Property Identification Numbers 86 -A -179C
and 87-A-12.
Action — Postponed 60 days
Candice E. Perkins, Assistant Director, reported this is an application to rezone two
parcels of land that total 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial)
District with proffers and the subject properties are located on the eastern side of Ridings Lane which
intersects with Route 277. She presented a locations map of the property. Ms. Perkins continued, the site
is located within the limits of the Southern Frederick Land Use Plan of the 2035 Comprehensive Plan and
depicts the subject properties with an industrial land use designation. She stated, the proposed M1 zoning
is generally consistent with the Southern Frederick Land Use Plan as it relates to this area and these
properties are not located within the limits of the Sewer and Water Service Area (SWSA). Ms. Perkins
explained, the Comprehensive Plan states that it is expected that the land uses within the UDA and SWSA
will be served by public water and sewer, however, as this site it is contiguous to existing M1 zoning and
is intended to facilitate an expansion to an existing business (Berlin Steel), this request to rezone property
outside of the SWSA may be appropriate. Ms. Perkins shared Staff concerns:
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• The Southern Frederick Plan shows a new minor collector roadway planned
through this site. This is a planned roadway and not designed at this time and the
location may be subject to future modifications.
• VDOT stated that the turn lane analysis submitted indicated the need for turn
lane in the future. This has not been addressed in the rezoning.
Ms. Perkins concluded, with this request, the Applicant has proffered:
• The land and any improvements thereto will be expressly used for a metal
fabrication business as permitted under the MI zoning.
• Monetary Contribution — The owner will donate $1,000 for impacts to Fire and
Rescue services.
Mr. John Lewis of Painter -Lewis, P.L.C, representing the Applicant came forward and
presented a brief overview of the Applicant's request. Commissioner Unger asked where the future road
is in regard to this land. Mr. Lewis noted, the road does not touch the property. Commissioner Thomas
inquired if VDOT requires a left turn lane into the property what will the Applicant do. Mr. Lewis stated
the owner would have to find the funds to do so. Commissioner Morrison commented there is not enough
information at this point to warrant a turn lane however it could be in the future. Mr. Lewis stated as
traffic increases later, he would advise his client to do a traffic study. Commissioner Oates stated it
appears the planned road is going thru the property. Mr. Lewis stated the road going thru the property
would impact operations and he was not aware of the connector road. Commissioner Oates requested a
proffer for the turn lane. Mr. Lewis stated that could be accomplished. Commissioner Thomas suggested
possibly relocating the connector road to benefit the owner and the County and find a better location.
Commissioners Unger and Oates agreed with this idea. Chairman Kenney asked if the Applicant would
be submitting a site plan. Mr. Lewis stated not at this time. The Applicant came forward and explained
the alternate route if needed has already been worked out.
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 Thomas and seconded by Commissioner Mohn to
postpone for 60 days
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
postponement of 60 days for Rezoning #03-19 for Berlin Steel and Dennis Ridings, submitted by Painter -
Lewis, P.L.C., to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial)
District with proffers. The properties are on the eastern side of Ridings Lane, which intersects with Route
277 in the Opequon Magisterial District and are identified by Property Identification Numbers 86 -A -179C
and 87-A-12.
Conditional Use Permit #07-19 for Middletown Firearms, submitted for establishment of a
commercial shooting range outdoors in the RA (Rural Areas) Zoning District. The property is
located at 6519 Valley Pike, Middletown, Virginia and is identified with Property Identification
Number 85-A-10 in the Back Creek Magisterial District.
Action — Postponed 60 days
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Mr. Tyler Klein, Senior Planner, reported this application is submitted for the
establishment of an outdoor commercial shooting range in the RA (Rural Areas) Zoning District and the
property is located at 6519 Valley Pike, Middletown and is in the Back Creek Magisterial District. He
presented a locations map of the property. Mr. Klein shared the Applicant's plans for the shooting range:
Four (4) separate guar ranges with covered shooting bays:
o A 25 -yard range (enclosed) with eight (8) shooting lanes and a concreate
floor for tactical training
o A 25 -yard range with eight (8) shooting lanes
o A 50 -yard range with six (6) shooting lanes
o A 100 -yard range with six (6) shooting lanes
Side berms 8 -feet in height and 6 -feet wide, and a rear berm 16 -feet in height
Range support buildings including: A classroom and storage building, restrooms
and/or a small check-in area with ammunitions, targets, and cleaning supplies for
sale
Mr. Klein reported, the property is surrounded by other RA (Rural Areas) zoned property,
which includes open space, agricultural/forestal uses, and single-family detached residences north of the
property and across Valley Pike. He continued; commercial shooting ranges outdoor are permitted in the
RA Zoning District with an approved CUP. He noted, additional regulations for Specific Uses (outlined
in §165-204.15 provide specific siting and screening requirements for commercial shooting ranges. Mr.
Klein shared an illustrative sketch plan provided by the Applicant along with a range layout design also
provided by the Applicant. Mr. Klein concluded by presenting the conditions recommended by Staff:
1. All review agency comments shall be complied with at all times
2. An engineered site plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick county prior to the establishment of the use, The site plan
shall address additional regulations for specific uses outlined in §165-204.15 of
the Frederick County Zoning Ordinance
3. The hours of operation for shooting range activities shall be limited to:
a. Monday through Saturday — 10 a.m. to 7 p.m.
b. Sunday — l p.m. to 6 p.m.
4. Shooting activities shall be supervised by qualified personnel at all times
5. One (10 monument style sign with a maximum sign area not to exceed 50 square
feet and not to exceed 10 feet in height is permitted)
6. Any expansion or modification of this use will require the approval of a new
CUP
Mr. Evan Wyatt, of Greenway Engineering and the Applicant Mr. Travis Dodson came
forward to provide an overview of the project. They shared mapping of the proposed location and noted
this meets the requirements of the zoning ordinance for surrounding properties. They also addressed the
noise impacts of this application.
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Mr. Travis Dodson, the applicant explained the layout of the facility as well as the berms,
parking, check-in, standard operating procedures, and a safety check of all firearms.
Commissioner Oates inquired if pole sheds were considered to help with the sound. Mr.
Dodson stated this can be discussed as they have looked at several options. Commissioner Mohn stated
he appreciates the effort to gather noise level data and would like to see other options to help with the
noise. Mr. Dodson commented baffles are being planned to help with noise. Commissioner Triplett
asked how close the end of the 100' range would be to I-81. Mr. Wyatt noted it would be about 1068'
from the back of 1-81 earth berm. Commissioner Unger commented most of the concerns appear to be
related to the noise. Mr. Dodson noted, he is going to try to mitigate the noise and keep the impacts to a
minimum. Chairman Kenney stated his concerns are the high caliber guns that could be used and the
elevation of the range in regard to 1-81. Mr. Wyatt explained the concept of the design is for the range to
be sloped and shoot downhill which the topography will force. Chairman Kenney asked if they have
1,000 members, how many will be allowed at one time. Mr. Wyatt noted the maximum capacity will be
60-70 people at a time.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
There were numerous citizens that spoke in position of the application and they shared
their concerns of. noise, safety, a historical property, properties in the area value decrease, will destroy
the quality of life, too close to an elementary school, a college, a church , and not a good location.
A few citizens spoke in support of the application noting the noise will not be bad if steps
are taken to help, this could bring revenue to the County, and it meets safety expectations.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Oates commented, possibly make it enclosed to help with the noise and a
sound test should be completed by a professional.
Upon Motion made by Commissioner Unger and seconded by Commissioner Marston
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
postponement of 60 days for Conditional Use Permit #07-19 for Middletown Firearms, submitted for
establishment of a commercial shooting range outdoors in the RA (Rural Areas) Zoning District. The
property is located at 6519 Valley Pike, Middletown, Virginia and is identified with Property
Identification Number 85-A-10 in the Back Creek Magisterial District.
Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, Part 101 —
General Provisions - §165-101.02 Definitions and Word Usage; ARTICLE II SUPPLEMENTARY
USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES,
Part 204 — Additional Regulations for Specific Uses; §165-204.26. Public Utilities; ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401 — RA Rural Areas District - §165-
401.02. Permitted Uses; Part 402 — RP Residential Performance District §165-402.02. Permitted
Uses; Part 403 — Mobile Home Community District - §165-403.02. Permitted Uses; ARTICLE V
PLANNED DEVELOPMENT DISTRICTS, Part 502 — R5 Residential Recreation Community
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District - §165-502.04. Permitted Uses; ARTICLE VI BUSINESS AND INDUSTRIAL ZONING
DISTRICTS, Part 602 — B1 Neighborhood Business District - §165-602.02. Allowed Uses; Part 603 —
B2 General Business District - §165-603.02. Allowed Uses; Part 604 — B3 Industrial Transition
District - §165-604.02. Allowed Uses; Part 606 — M1 Light Industrial District - §165-606.02. Allowed
Uses; Part 608 — EM Extractive Manufacturing District - §165-608.02. Permitted Uses; Part 609 —
HE Higher Education District - §165-609.02 Permitted Uses. Revision to the Frederick County
Zoning Ordinance to include a definition for Public Utilities that includes utility -scale solar power
generating facilities and amendments to the supplemental use regulation for public utilities.
Action — Recommend Approval
Mr. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 —
Zoning Ordinance to provide: Definitions for "Public Utilities" (including utility -scale solar power
energy generating facilities), "utility -scale solar power generating facilities," and "decommissioning;"
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 continued, 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 noted, 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 27"', July 25"', and
August 22nd regular meetings and supported the proposed changes; the Planning Commission discussed
this on September 4th and the Board of Supervisors on September 25'x'° and the Board of Supervisors
requested additional definitions.
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 Unger and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, Part 101 —
General Provisions - § 165-101.02 Definitions and Word Usage; ARTICLE 11 SUPPLEMENTARY USE
REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, Part 204 —
Additional Regulations for Specific Uses; §165-204.26. Public Utilities; ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401 — RA Rural Areas District - §165-
401.02. Permitted Uses; Part 402 — RP Residential Performance District §165-402.02. Permitted Uses;
Part 403 — Mobile Home Community District - §165-403.02. Permitted Uses; ARTICLE V PLANNED
DEVELOPMENT DISTRICTS, Part 502 — R5 Residential Recreation Community District - § 165-502.04.
Permitted Uses; ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 602 — BI
Neighborhood Business District - § 165-602.02. Allowed Uses; Part 603 — B2 General Business District -
§ 165-603.02. Allowed Uses; Part 604 — B3 Industrial Transition District - § 165-604.02. Allowed Uses;
Part 606 — M1 Light Industrial District - §165-606.02. Allowed Uses; Part 608 — EM Extractive
Manufacturing District - §165-608.02. Permitted Uses; Part 609 — HE Higher Education District - §165-
609.02 Permitted Uses. Revision to the Frederick County Zoning Ordinance to include a definition for
Public Utilities that includes utility -scale solar power generating facilities and amendments to the
supplemental use regulation for public utilities.
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Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I
GENERAL PROVISION; AMENDMENTS; AND CONDITIONAL USE PERMITS; Part 101 —
General Provisions, §165-101.02. Definitions and Word Usage, Part 103 — Conditional Use Permits,
§165-103.03. Conditions; ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING;
BUFFER AND REGULATIONS FOR SPECIFIC USES, Part 204 — Additional Regulations for
Specific Uses, §165-204.32. Country General Store Without Fuel Sales; ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401 — RA Rural Areas District, §165-
401.02. Permitted Uses, §165-401.03. Conditional Uses; Revision to the Frederick County Zoning
Ordinance that the Conditional Use in the RA District is that the uses, and scale of the uses, are
appropriate for the zoning district in which they are identified.
Action — Recommend Approval
Mr. 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 were appropriate for the
zoning district in which they are allowed. Mr. Klein explained this proposed amendment to Chapter 165
— Zoning Ordinance:
1. Further defines the conditional use country general store to exclude all fuel sales
and cap the square footage allowed at 3,500 square feet.
2. Provide additional regulations for specific uses (i.e. country general store).
3. Eliminates, combines, and refines certain conditional uses.
4. Codifies Zoning Determinations relating to home occupations, cottage
occupations, and kennels to reduce the number of Conditional Use Permit (CUP)
applications.
Mr. Klein concluded, the DRRC discussed this item at their August 22"d regular meeting
and supported the proposed changes; this items was discussed by the Planning Commission on September
4the and the Board of Supervisors on September 25".
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 Oates noted, Taxidermy uses was moved under permitted but is also still
showing under conditional uses. Mr. Klein explained the intent was to remove from conditional use list,
he will verify and make the proper correction.
Upon Motion made by Commissioner Unger and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE I
GENERAL PROVISION; AMENDMENTS; AND CONDITIONAL USE PERMITS; Part 101 — General
Provisions, § 165-101.02. Definitions and Word Usage, Part 103 — Conditional Use Permits, § 165-103.03.
Conditions; ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFER AND
REGULATIONS FOR SPECIFIC USES, Part 204 — Additional Regulations for Specific Uses, §165-
204.32.
165-204.32. Country General Store Without Fuel Sales; ARTICLE IV AGRICULTURAL AND
RESIDENTIAL DISTRICTS, Part 401 — RA Rural Areas District, §165-401.02. Pennitted Uses, §165-
401.03. Conditional Uses; Revision to the Frederick County Zoning Ordinance that the Conditional Use
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in the RA District is that the uses, and scale of the uses, are appropriate for the zoning district in which
they are identified.
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 9:45 p.m.
Respectfully submitted,
4nKeW. Kenney, Chainnann
Michael T. Ruddy, Secretary`
F
i
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