PC 10-02-19 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 2, 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; Alan L. Morrison, Member at Large; Kathleen Dawson, Red Bud District; and Roderick B.
Williams, County Attorney.
ABSENT: Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Rhodes
Marston, Back Creek District.
STAFF PRESENT: Michael T. Ruddy, Director; M. Tyler Klein, Senior Planner; Kathy Smith,
Secretary.
CALL TO ORDER
Chairman Kenney called the October 2, 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 Manuel the
Planning Commission unanimously adopted the minutes from the July 17, 2019 and August 7, 2019
meetings.
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Minutes of October 2, 2019
COMMITTEE REPORTS
Transportation Committee — Mtg. 9/30/19
Commissioner Oates reported the Committee was brought up to date on the area projects
and they heard a request from a resident living on McCubbin Road to be considered for the paving list;
the Committee approved the request to be added to the next paving list.
Frederick Water — Mtg. 9/24/19
Commissioner Unger reported the Committee discussed the Capital Budget request.
Development Review and Regulations Committee — Mtg. 9/26/19
Commissioner Unger reported that the items discussed are on tonight's agenda.
Historic Resources Advisory Board — Mtg. 9/17/19
Commissioner Molden reported the HRAB discussed election of Chairman and Vice -
Chairman, minutes from August 2018 were approved, and a review of a Conditional Use Permit for an
outdoor shooting range located at 6519 Valley Pike. The HRAB was not in favor of the CUP because of
the closeness to the Vaucluse property.
City of Winchester — Mtg. 9/17/19
Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the
approval of a Rezoning of 0.2 acres at East Fairfax Lane and National Avenue from a HR -1 District to B-
1 District. The Rezoning would allow the builder to go from 44 to 47 units.
Board of Supervisors — Mtg. 9/25/19
Chairman Kenney reported the Frederick County Public Schools bond sale for $3.2
million for the replacement of Robert E. Aylor Middle School was approved as was an outdoor festival
pen -nit request for Waveland Farm. Also discussed was the Proposed Ordinance Amendment for Public
Utilities and Conditional Uses in the RA Zoning District.
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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Minutes of October 2, 2019
PUBLIC HEARING
Landscaping, buffers & screening, off-street parking and requirements for certain uses — discussion
of a request by a Planning Commissioner to amend certain sections of Frederick County Zoning
Ordinance including: additional regulations for specific uses ("storage facilities, self-service,"
"tractor truck and tractor truck trailer parking," " special event facilities"), off-street parking,
landscaping requirements, and buffers and screening requirements.
Action — Recommend Approval
Mr. Tyler Klein, Senior Planner, presented an overview of the proposed amendment to
Chapter 165 — Zoning Ordinance to "clean up" inconsistencies within certain sections and to clarify or
reduce requirements for certain uses; Specifically, amendments are proposed to the following sections:
§165-204.18 Storage facilities, self -storage
The proposed changes correct landscaping and planting inconsistencies regarding plant size in this section
with other sections of the Zoning Ordinance and provides relief on screening requirements that do not
otherwise meet the intent of the section to "screen the use".
§ 165-204.24 Tractor truck and tractor trailer truck parking
The proposed changes prevent the siting of the above use adjacent to residential uses, while enabling the
location of these types of facilities where they are most appropriate (i.e. adjacent to major roadways
and/or in the vicinity of other business and industrial uses), provides a consistent hard surface standard for
the use (gravel parking) that is consistent with the temporary nature of the use and, changes to this section
also corrects inconsistences with this section planting requirements with other sections of the Zoning
Ordinance.
§ 165-204.30 Special event facilities
The proposed changes provide clarity with certain practices in the County, specifically that the Building
Official (Department of Building Inspections) is responsible for determining if a building or structure
(existing or to -be -constructed) is agriculturally exempt from the Virginia Building Code requirements or
requires a building permit review.
§ 165-202.01 Off-street parking; parking lots
The proposed changes correct inconsistencies with the required width of driveways serving parking lots in
this section with other sections of the Zoning and Subdivision Ordinance and County Code (Fire Code).
& 165-203.01 Landscaping requirements
The proposed changes correct inconsistencies with plant size in this section with other sections of the
Zoning Ordinance, further clarifies requirements to prohibit plantings from being located within utility
easements and eliminates certain plant species.
§ 165-203.02 Buffer and Screening requirements
The proposed changes seek to allow for the higher utilization of limited business and industrial land by
eliminating the buffer requirement where a VDOT classified interstate, arterial, or collector roadway
otherwise effectively creates "distance" between business/industrial uses and adjacent residential uses.
Front setbacks and parking area landscaping requirements, which remains unchanged for the business and
industrial zoning district, further provides a "buffer" in lieu of zoning district buffer requirements. The
proposed changes also correct inconsistencies in this section with other sections of the Zoning Ordinance.
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Minutes of October 2, 2019
Mr. Klein concluded, the Development Review and Regulations Committee (DRRC)
discussed this item at their July 25th, August 22°d, and September 26" regular meetings and generally
supported the proposed changes.
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 Thomas commented regarding the gravel parking lot would increase
gravel being carried onto the roadway. Mr. Klein replied, that part of the site plan application is for
VDOT review that would require a commercial entrance.
Chairman Kenney commented about the language "temporary" that had been discussed
before. Mr. Klein commented he did not believe the Committee came to a consensus on the definition.
Staff recommended that the sentence "These uses may be temporary" under the first paragraph sentence
be removed
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of this Ordinance Amendment with "These uses may be temporary" under the first paragraph
was unclear or inexact and recommended the sentence be removed.
(Note: Commissioners Triplett, Mohn, and Marston were absent from the meeting)
Telecommunications facilities, commercial - Discussion of a request by the County Attorney to
amend §165-204.19 to permit commercial telecommunication small cell facilities by -right in certain
zoning districts and codify changes from the Code of Virginia governing local regulation of such
facilities.
Action — Recommend Approval
Mr. Tyler Klein, Senior Planner, reported on the proposed amendment to Chapter 165 -
Zoning Ordinance is to enable smaller commercial telecommunications facilities in certain Zoning
Districts by -right: codify changes to the state code, creating a two -track process for approval and enable
communication facilities by -right in OM (Office -Manufacturing Park) and HE (Higher Education) zoning
districts. The changes to telecommunication facilities are wholesale and include new definitions and
changes to the additional regulations for specific uses outlined in § 165-204.19. Mr. Klein continued, this
is a two -track process of administrative review on eligible projects and standard process projects. Mr.
Klein concluded, this item was proposed by the County Attorney, Staff, and discussed by the DRRC at
their September 26th regular meeting. The DRRC agreed with the proposed changes.
Commissioner Thomas asked for the definition of "Small Cell". Mr. Klein replied it is a
wireless facility that must meet certain qualifications.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval and amendment to Zoning Ordinance §165-204.19 to permit commercial telecommunication
small cell facilities by -right in certain zoning districts and codify changes from the Code of Virginia
governing local regulation of such facilities.
(Note: Commissioners Triplett, Mohn, and Marston were absent from the meeting)
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Minutes of October 2, 2019
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 Manuel and unanimously
passed. The meeting adjourned at 7:22 p.m.
Respectfully submitted,
Kevin W. Kenney, Chairman
Michael T. Ruddy, Secretary
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Minutes of October 2, 2019