PC 12-18-19 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 December 18, 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; H.
Paige Manuel, Shawnee 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; Roderick B. Williams, County Attorney.
ABSENT: Greg L. Unger, Back Creek District, Roger L. Thomas, Vice Chairman/Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Kathy Smith,
Secretary.
CALL TO ORDER
Chairman Kenney called the December 18, 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 Cline, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
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Minutes of December 18, 2019
COMMITTEE REPORTS
Frederick Water - Mtg. 12/17/19
Commissioner Oates reported the Committee discussed the updates to the Opequon
Water Supply Plan Site Plan for a water treatment plant that is tentatively scheduled to be ready for bid by
the end of January 2020 or the first of February 2020 with an award to construct in March 2020. Also
discussed was the Resolution amending and restating a prior Resolution authorization of the issuance of a
Revenue Bond to cover the cost of construction for the Opequon Water Supply Plan to be paid off in 10
years.
Comprehensive Plans and Programs Committee (CPPQ — Mtg. 12/9/19
Commissioner Mohn reported the Committee discussed the 2020-2025 Capital Improvement Plan
(CIP) with a favorable outcome. The CIP will to be forwarded to the Planning Commission and Board of
Supervisors at the first of the year.
City of Winchester — Mtg. 12/17/19
Winchester City Planning Commissioner Liaison, Commissioner Pifer, reported the
following Public Hearings were discussed for Conditional Use Permits (CUP). The first was a request to
allow short-term rental at 346 Virginia Ave., that CUP was denied. The other CUP's discussed were for a
dumper pad on Bellview Ave., that was also denied and Winchester Bambino League (D/B/A Winchester
Baseball) for a private club at 2640 Valley Ave that was approved. The Ordinance to amend the recent
State and Federal legislation establishing new provisions to streamline the review and pennitting process
for telecommunication facilities was discussed. Also discussed, was the Comprehensive Plan -Chapter 7 -
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.
PUBLIC HEARING
Rezoning #05-19 for Martinsburg Pike, LLC., submitted by Painter -Lewis, P.L.C. to rezone
1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with
proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000
feet south of Stephenson Road in the Stonewall Magisterial District and are identified by
Property Identification Numbers 44 -A -58,44-A-59 and 44-A-60.
Action — Recommend Approval
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Commissioner Manuel would abstain from all discussion on this item.
John A. Bishop, Assistant Director Transportation, reported this application is to rezone
1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers.
The site contains three properties; one contains a nonconforming structure that was once operated as a
store but has been closed, one parcel is vacant, and one parcel contains a single-family dwelling. The
subject properties are located at 2674 and 2682 Martinsburg Pike. The 2035 Comprehensive Plan
identifies these with a mixed use industrial/office land use. The owner intends to operate a restaurant in
the existing commercial structure. Mr. Bishop continued that with this request, the Applicant has
proffered the following:
• The existing interior lot lines will be vacated, and the three parcels will be
consolidated into one lot.
• The driveway connection from the existing residential use to Route 11 will be
eliminated.
• The owner will provide 6.5' of right of way dedication for future road
improvements along Route 11.
• The owner will reserve 12' of right of way for future road improvements.
Ownership of this reservation area will be ceded to Frederick County upon
demand to accommodate future road improvements along Route 11.
• The owners of this property will donate or will cause to be donated to Frederick
County the sum of $310.40 ($0.10 per square foot of commercial space) for
impacts to fire and rescue services.
Mr. Bishop concluded, the Applicant Mr. Donato Lanzetta and Mr. John Lewis were
present for any questions the Commission may have. Commissioner Morrison asked Mr. Bishop if the
right-of-way in the proffers is enough per VDOT for any expansions. Mr. Bishop explained that it is
enough per the discussions with VDOT. Commissioner Morrison asked if a turn lane would ever be
needed. Mr. Bishop replied it would not for this use.
Mr. John Lewis of Painter -Lewis, P.L.C, representing the applicant came forward to add
this is for a sixteen (16) seat restaurant. It is anticipated that most of the orders will be take-out with the
surrounding developments. Mr. Lewis concluded that it is a great reuse of the property.
Chairman Kenney commented that the proffer amount of $0.10 per square foot is very
low for the revenue that this property will generate.
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 Cline and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the Rezoning #05-19 for Martinsburg Pike, LLC. The property is located at 2674 and 2682
Martinsburg Pike approximately 1,000 feet south of Stephenson Road in the Stonewall Magisterial
District and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60.
(Note: Commissioners Unger and Thomas were absent from the meeting)
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Minutes of December 18, 2019
Rezoning #07-19 for Gentle Harvest LC., submitted by Thomas Lawson, P.C. to rezone 1.204
acres from the B2 (General Business) District to the B3 (Industrial Transition) District with
proffers. The property is located at 120 Front Royal Pike in the Shawnee Magisterial District
and is identified by Property Identification Number 64 -A -1C.
Action — Recommend Approval
Commissioner Manuel would abstain from all discussion on this item.
M. Tyler Klein, Senior Planner gave an overview of this application to rezone 1.204+/ -
acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The
site was previously utilized for a restaurant which is now closed and the intended user for this site is
Discount Tire. The property is located at 120 Front Royal Pike. Mr. Klein continued that the site is
located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and
identifies this property with commercial land use designation. In general, the existing B2 zoning and
proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan,
however, the Plan states that this area should be designed specifically to accommodate and promote
commercial land use. Tyler concluded with this request the Applicant has proffered the following:
Land Use Restrictions (The following are prohibited):
• Landscape and Horticultural Services (SIC 078)
• Local and Suburban Transit Services (SIC 41)
• Motor Freight Transportation & Warehousing (SIC 42)
• Transportation by Air (SIC 45)
• Utility Facilities and their Accessory Uses (SIC 49)
• Drive -In Motion Picture Theaters (SIC 7833)
• Tractor Truck & Tractor Truck Trailer Parking (No SIC)
When used in these proffers, the "Preliminary Landscape Plan", shall refer to the
plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The
Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit
I". The Owner proffers that its development of the Property will be in
substantial conformity with the Preliminary Landscape Plan. The Owner hereby
proffers to provide a monetary contribution of $0.10 per developed building
square foot for County Fire and Rescue Services.
Mr. Klein turned the meeting over to Mr. Ty Lawson who is representing Discount Tire.
Mr. Lawson said no mechanical work will be performed at the site or nor will any hazard waste such as
oil or antifreeze be handled at the site. The customer transactions will be completed in 30 to 45 minutes
per vehicle with no unattended or overnight vehicles. The hours of operation are proposed as Monday —
Friday 8a.m. to 6p.m, Saturday 8a.m. to 5p.m. and closed on Sunday. Also, Civil Engineers of the
Kimley-Horn Planning and Design Consultants presented an overview of the proposed new building
design with landscaping. The bays will be facing Front Royal Pike. The building is set back about 150 ft.
from the road. They concluded that the new building will be set back further than the existing building.
Chainnan Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
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Mr. Steve Parrish, Senior Vice President for the Aikens Group commented against the
rezoning to the Industrial Transition District on behalf of the surrounding owners' properties. Mr. Parrish
continued that the zoning allows various uses that could be harmful to their property values.
Ms. Becky Morrison came forward and shared her concerns about the used tire recycling
procedures. The Kimley-Horn representatives said that Discount Tire has a vendor that will be picking -
up the used tires to be recycled and no tires will be stored outside. The proposed building will have an
area for storage of the used tires until they are picked up for recycling.
No one else came forward to speak and Chainnan Kenney closed the public comment
portion of the hearing.
Commissioner Ambrogi commented, on the length of time that the building has been
vacant. Mr. Klein responded that it has been a few years. Commissioner Ambrogi asked about how
traffic will access the property. Mr. Lawson said the access is a paved road that was dedicated to the
County back in the 80's with less trips than the previous owner because of the different use.
Upon motion made by Commissioner Ambrogi and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Rezoning# 07-19 for Gentle Harvest, LC, submitted by Thomas Lawson, P.C. to rezone 1.204 acres
from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The
property is located at 120 Front Royal Pike in the Shawnee Magisterial District and is identified by
Property Identification Number 64-A-1 C.
YES: Marston, Oates, Ambrogi, Triplett, Cline, Kenney
NO: Morrison, Molden, Dawson, Mohn
Absent: Thomas, Unger
Abstain: Manuel
ACTION ITEM
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 — Recommend Approval
Michael T. Ruddy, Director presented an overview of this application to rezone
15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers.
The subject properties are located on the eastern side of Ridings Lane which intersects with Route 277.
Mr. Ruddy continued with a site map of the property. 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. The proposed MI Zoning is generally consistent with the Souther
Frederick Land Use Plan as it relates to this area. These properties are not located within the limits of the
Sewer and Water Service Area (SWSA). 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 is
contiguous to existing Ml Zoning and is intended to facilitate an expansion to an existing business
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(Berlin Steel), this request to rezone the property outside of the SWSA may be appropriate. Mr. Ruddy
addressed concerns that the Southern Frederick Area 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 has stated that the turn lane analysis submitted indicated the need for a
turn lane in the future. This is something that has been addressed in the Rezoning. With this request by
the Planning Commission, the Applicant has proffered the following:
• The land and any improvements thereto will be expressly used for a metal
fabrication business as permitted under the M I Zoning.
• Prior to approval of the next site plan for any facility or structure on these subject
lands, the owner will conduct a traffic count on Route 277 to determine the need
for any turn lanes from Route 277 into the site via Ridings Lane. The method
used to conduct the traffic count and design of any resultant improvement to
Route 277 will be subject to VDOT approval.
• As shown on the Generalized Development Plan, a 100' wide strip of land will
be reserved on the subject lands for future road network improvements. No
pennanent buildings will be erected within this area.
• Monetary Contribution — The owners will donate $1,000 for impacts to fire and
rescue services.
Commissioner Oates commented on the improvements on Route 277 by the Applicant
can at no time block or take away from any neighboring property owner. Mr. Ruddy said that is correct,
if VDOT warranted the improvements the Applicant would need to get an endorsement from the property
owners.
Commissioner Morrison commented about the improvements to Route 277 with a traffic
study, if it is not needed today but, in the future, when business traffic picks up who would be responsible
to cover the cost. Mr. Ruddy said any expansion of the business the Applicant would need to complete a
Site Plan application and be responsible for the cost of those improvements.
Mr. John Lewis, of Painter -Lewis representing the Applicant gave an overview since the
October 16, 2019 meeting the item was tabled for 60 days to allow the Applicant additional time to
address the transportation concerns. The Applicant has added a Proffer that will be committed to
constructing a turn lane if needed. Also, provisions to a reservation area that will still allow a road to be
constructed that is in general conformance with the Comprehensive Plan. The Applicant will donate
$1,000.00 to the Fire & Rescue Department.
Upon motion made by Commissioner Molden and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning# 03-19 for Berlin Steel Real Estate Inc., 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
Opequon Magisterial District and are identified by Property Identification Numbers 86 -A -179C and 87-
A-12.
Note: Commissioners Unger and Thomas were absent from the meeting)
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Minutes of December 18, 2019
Rezoning #06-19 Winchester Medical Center, Inc., submitted by Valley Engineering, PLC to revise
the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres
zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to
the MS (Medical Support) District. The property is on the northern side of Route 50 West and west
of Route 37 and is identified by Property Identification Number 53-A-68.
Action — Recommend Approval
Commissioner Manuel would abstain from all discussion on this item.
Mr. Ruddy, Director presented this proposed minor proffer amendment for minor text
revisions and revisions to approved Generalized Development Plan (GDP) associated with Rezoning #02-
03. This application rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support)
Districts with proffers. The site consists of 37.542+/- acres zoned B2 (General Business) District and
51.8675+/- acres zoned MS (Medical Support) District. The subject property is on the northern side of
Route 50 west and west of Route 37. Mr. Ruddy redirected the attention to the rezoning map of the
property. He explained, the approved GDP labeled individual land bays with specific use; the Applicant
is proposing to remove Proffer 3 from the landscape design features which required a landscaped
roundabout. This feature was removed, and the internal road system has already been constructed
therefore this proffer is unnecessary. The Applicant has added a reference to the right -of way and limited
access control changes for Route 37 and Campus Boulevard Interchange which was shown on the maps.
Mr. Ruddy concluded, the impacts associated with the change of use are very limited, with no additional
impacts to Frederick County or the surrounding property owners.
Commissioner Morrison asked if at any time would the north end circle connector be
opened to traffic. Mr. Ruddy said the Commonwealth Transportation Board granted limited use and
access and has not changed at this time.
Daniel Michael, Valley Engineering, PLC representative for the Applicant came forward
to reiterate that nothing is changing other than Proffers mentioned previously. The Applicant must
maintain the 14,000 trips per day and have a system to maintain that is a requirement. He noted a traffic
study needs to be done before any Site Plans are submitted.
Commissioner Morrison asked if any improvements will be done with the traffic issues
on Route 50. Mr. Michael commented that the traffic improvements to Route 50 have been completed as
with the 2003 Rezoning requirements. Mr. Michael commented that a gate will be installed at the
roundabout to limit the trips.
Upon motion made by Commissioner Triplett and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #06-19 Winchester Medical Center, Inc., submitted by Valley Engineering, PLC to
revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres
zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the
MS (Medical Support) District. The property is on the northern side of Route 50 West and west of Route
37 and is identified by Property Identification Number 53-A-68.
Note: Commissioners Unger and Thomas were absent from the meeting)
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PUBLIC HEARING
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; §165-401.03 Conditional Uses; Part 402 RP Residential Performance
District, §165-402.02 Permitted Uses; Part 403 MHl Mobile Home Community District, §165-
403.02 Permitted Uses; ARTICLE V Planned Development Districts, Part 502 R5 Residential
Recreational Community 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. Revisions to the Frederick County
Zoning 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 Denial
M. Tyler Klein, Senior Planner gave an overview of the Ordinance Amendment and
noted the Planning Commission held a Public Hearing and discussed the item on October 16, 2019. It was
forwarded to Board of Supervisors with approval and at the November 13, 2019 Board of Supervisors
Public Hearing on this item it was requested that the "utility -scale solar power generating facilities" be
revised to a conditional use in the RA Zoning District. This is a proposed amendment to Chapter 165 —
Zoning Ordinance to:
• Add definitions for "Public Utilities" (including utility -scale solar power energy
generating facilities), "utility -scale solar power generating facilities," &
"decommissioning"
• Add 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
• Require "utility -scale solar power generating facilities" as a conditional use in
the RA Zoning District.
Mr. Klein continued, the intent of this text amendment is to codify "utility -scale solar
power generating facilities' as an allowed use with a CUP and to codify recent changes to the Code of
Virginia to include the decommissioning of solar energy facilities. He noted, the text amendment 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 25t'', and
August 22nd regular meetings; the DRRC supported the proposed changes. This item was discussed by
the Planning Commission on September 4t'' and the Board of Supervisors on September 25t'; the Board of
Supervisors requested additional definitions. The Planning Commission held a Public Hearing on
October 16"' and recommended approval and the Board of Supervisors, after holding a Public Hearing on
November 13t'', requested "utility -scale solar power generating facilities" be revised to a conditional use
in the RA Zoning District.
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Minutes of December 18, 2019
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 recommended denial on the requested change, noting the Board of
Supervisors have requested to limit the Conditional Use Permits in the RA Zoning District and this item is
not a nuisance and should be a by right use as agreed upon by the Planning Commission at the October
16' meeting.
Commissioner Mohn has a concern of the impact these panels could have on neighboring
properties and understands why a CUP would be beneficial.
Commissioner Morrison has a concern of the scope of the Solar Panels and feels a review
of a CUP would be helpful.
Upon motion made by Commissioner Oates and seconded by Commissioner Triplett to
deny moving forward with the "utility -scale power generating facilities" as a Conditional Use in the RA
Zoning District
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend Denial of the
Ordinance Amendment "utility -scale power generating facilities" as a Conditional Use in the RA Zoning
District.
YES: Marston, Oates, Ambrogi, Manuel, Triplett, Molden, Cline, Dawson, Kenney
NO: Morrison, Mohn
Absent: Thomas, Unger
Abstain: Manuel
Cancelation of the regular meeting
Chairman Kenney announced the January 1, 2020 meeting will be canceled.
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 Triplett and unanimously
passed. The meeting adjourned at 8:05 p.m.
Respec fully submitted,
Kevin W. Kenney, airman.
-P
Michael T. Ruddy, Secretary
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Minutes of December 18, 2019