PC 04-06-22 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
3.A.March 2, 2022 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #02-21 for Eli Williams - (Mr. Cheran)
Submitted for establishment of a special event facility in the RA (Rural Areas) Zoning
District. The property is located at 1570 Gough Road, Winchester, Virginia and is
identified with Property Identification Number (PIN) 60-A-79 in the Back Creek
Magisterial District.
7.Information/Discussion Items
7.A.Ordinance Amendment - Protection of Environmental Features, Off-Street
Parking, and Conditional Uses in the R4 and R5 Zoning Districts - (Mr.
Klein)
This is a request to amend Chapter 165 - Zoning Ordinance to clarify and amend
requirements contained in the supplementary use regulations, parking, planned
development districts, and business and industrial district sections.
AGENDA
PLANNING COMMISSION
WEDNESDAY, APRIL 6, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC04-06-22MinutesMarch2.pdf
PC04-06-22CUP02-21_Redacted.pdf
PC04-06-22OA_ProtectionofEnvironmentalFeatures_Off-StreetParking_etc.pdf
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7.B.Ordinance Amendment - Short-Term Lodging - (Mr. Klein)
This is a proposed amendment to Chapter 165 - Zoning Ordinance to add "short-term
lodging (STL)" to the definitions section, provide additional regulation for short-term
lodging, and add the use to the RA (Rural Areas), RP (Residential Performance), and
MH1 (Mobile Home Community) Zoning Districts.
8.Other
8.A.Current Planning Applications
9.Adjourn
PC04-06-22OA_Short-TermLodging.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: April 6, 2022
Agenda Section: Meeting Minutes
Title: March 2, 2022 Meeting Minutes
Attachments:
PC04-06-22MinutesMarch2.pdf
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Frederick County Planning Commission Page 3896
Minutes of March 2, 2022
MEETING 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 March 2, 2022.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Gary R. Oates, Stonewall District; William A. Orndoff, Stonewall District;
Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District ; Mollie Brannon, Back
Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles
Markert, Red Bud District; Kathleen Dawson, Red Bud District; Austin Cano, Assistant County Attorney
ABSENT: H. Paige Manuel, Shawnee District.
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the March 2, 2022 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 Thomas and seconded by Commissioner Triplett
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Frederick County Planning Commission Page 3897
Minutes of March 2, 2022
COMMITTEES
Development Review and Regulations Committee – Mtg. 02/24/22
Commissioner Kozel reported the Committee elected Elizabeth Kozel as Chairman and
Roger Thomas as Vice Chairman. They also discussed ordinance amendments to include: R4 and R5
conditional uses; off-street parking requirements for residential dwellings; and protection of
environmental features waivers.
City of Winchester – Mtg. 02/15/22
Commissioner Richardson, Winchester City Planning Commission Liaison, reported the
Commission is reviewing a rezoning for the old Elms Motel.
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CITIZEN COMMENTS
Chairman Jewell 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 Jewell closed the public comments portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #02-22 for Redbud Run Solar, LLC submitted to construct an
approximately 263-acre +/- utility scale solar power generating facility. The subject properties are
generally located east of Woods Mill Road (Rt. 660) and north of Pine Road (Rt. 661),
approximately 0.5-mile north of Berryville Pike (Rt. 7) and are identified with Property
Identification Numbers (PINs) 55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-
297, 44-A-294A, and 44-A-295 in the Stonewall Magisterial District. Pursuant to Code of Virginia
Section 15.2-2316.6 et seq., a solar facility siting agreement, between Red Bud Run Solar, LLC and
the Frederick County Board of Supervisors is also being considered.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit
(CUP) to enable the construction of a utility-scale solar power generating facility on 263 +/- acres in the
Stonewall Magisterial District. The property is zoned Rural Areas (RA) District, and the current land use
is agricultural/vacant/forestal. He shared a location map of the property. Mr. Klein continued, 150 acres
(disturbed area) will be utilized for the installation of rows of ground-mounted photovoltaic modules (i.e.,
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Frederick County Planning Commission Page 3898
Minutes of March 2, 2022
solar panels), inverters, vehicle access paths, security fencing, and landscaping. He noted, the power
generated will be combined, converted, and increased to allow delivery to the adjacent Redbud Gaylor
transmission lines. Mr. Klein presented the concept plan and noted the 3 land bays and the 3 points of
access. He shared the Zoning Ordinance conformance: Concept Plan (and subsequent Site Plan
submission); and Decommissioning Plan. He also noted the Comprehensive Plan: The plan envisions
this area of the County to remain primarily rural in nature and for agricultural land to be preserved for
future generations (Chapter II – Rural Area); and Solar siting policies (Chapter IV – Business
Development). Mr. Klein explained in regards to Other Permitting: In addition to the requirements
contained in the Zoning Ordinance, the Applicant will pursue a “Permit -by-Rule” (PBR through the
Virginia Department of Environmental Quality (DEQ); and the PBR is a state-level administrative review
and approval process, including extensive environmental and cultural review and study. Mr. Klein shared
the Solar Facility Siting Agreement:
• Enabled by the Code of Virginia (§15.2-2316.7) for projects submitted after
January 1, 2021.
• Applicant will make $10,000 payment at start of construction, plus $500/MW per
year with 1.5% escalator.
• Solar siting agreement memorialized in Condition #4.
• Approval of the siting agreement is an action of the Frederick County Board of
Supervisors.
Mr. Klein concluded, should the Planning Commission find this use to be appropriate,
Staff recommends the following Conditions of Approval:
1. All review agency comments provided during the review of this application 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 outline in §165-204.26 of
the Frederick County Zoning Ordinance and be in general conformance with the
Concept Plan, included with the CUP application, prepared by Greenway
Engineering, dated January 18, 2022.
3. Pursuant to the Code of Virginia §15.2-2241.2(B), the owner shall comply with
the Decommissioning Plan, included with the CUP application, prepared by
Oriden, and shall update the Decommissioning Plan every five (5) years.
4. At the time the project achieves commercial operation, the owner will make a
$10,000 lump sum payment to the County. Further, at the time the project
achieves commercial operation, the owner shall make a payment of $500 per
Megawatt AC per year, with and annual escalator of 1.5%, to the County. These
conditions shall be memorialized in a solar siting agreement with Frederick
County, in a form acceptable to the Board of Supervisors, pursuant to the Code of
Virginia Section 15.2-2316.6 et seq.
5. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, shall not be used on the properties subject to this CUP.
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Frederick County Planning Commission Page 3899
Minutes of March 2, 2022
6. Access to the site shall be limited to three (3) entrances from Woods Mill Road
(Route 660), so to provide for one (1) entrance to each solar array land bay. One
(1) entrance from Pine Road (Route 661) to be used only during the period of
construction shall also permitted. Approval of the final site entrance location s
from Woods Mill Road is subject to review and approval by the Virginia
Department of Transportation at time of site plan.
7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.m. to 5:00 p.m.
Monday through Friday. All other construction activities are permitted 7:00 a.m.
to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No
construction activities are permitted on Sundays or federal holidays.
8. Any expansion or modification of this land use will require the approval of a new
CUP.
The primary discussion among the Planning Commission and the representative of the
Applicant, Chris Mohn of Greenway Engineering, was setbacks from adjoining properties, the potential
future impact of Route 37 Bypass, interconnection to the overhead transmission lines an d Comprehensive
Plan conformance.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
Ms. Susan Adamkiewicz residing on Pine Rd. spoke in support of the application; she
also expressed a desire for the developer to work with her to ensure sufficient screening from her
property.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #02-22 for Redbud Run Solar, LLC submitted to construct an approximately
263-acre +/- utility scale solar power generating facility. The subject properties are generally located east
of Woods Mill Road (Rt. 660) and north of Pine Road (Rt. 661), approximately 0.5 -mile north of
Berryville Pike (Rt. 7) and are identified with Property Identification Numbers (PINs) 55-A-136, 55-A-
137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A-294A, and 44-A-295 in the Stonewall
Magisterial District. Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting
agreement, between Red Bud Run Solar, LLC and the Frederick County Board of Supervisors is also
being considered.
(Note: Commissioner Manuel was absent from the meeting)
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OTHER
Wyatt G. Pearson, Director, reported the James Wood High School and Indian Hollow
renovation site plans have been submitted.
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Frederick County Planning Commission Page 3900
Minutes of March 2, 2022
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 7:30 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: April 6, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #02-21 for Eli Williams - (Mr. Cheran)
Attachments:
PC04-06-22CUP02-21_Redacted.pdf
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CONDITIONAL USE PERMIT #02-21
Eli Williams - Special Event Facility
Staff Report for the Planning Commission
Prepared: March 21, 2022
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 04/16/22 Pending
Board of Supervisors: 04/27/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to allow for the operation of a special event
facility located at 1570 Gough Road, Winchester, in the Back Creek Magisterial District. The
subject property is zoned RA (Rural Areas) District and consists of 10+/- acres. Should the
Planning Commission find this application for a special event facility to be appropriate, Staff
recommends that the following conditions be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance and addressing additional regulations for specific uses
contained in §165-204.30, shall be submitted to and approved by Frederick County prior to
the establishment of the use.
3. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight. Amplified outdoor music shall conclude by 9 p.m.
4. All event traffic shall use Gough Road (Route 618).
5. Special event may accommodate up to and not to exceed 200 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7.. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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Page 2
CUP #02-21, Eli Williams
March 21, 2022
LOCATION: The subject property is located at 1570 Gough Road (Route 618), approximately
500’ northeast of its intersection with Cedar Creek Grade (Route 622).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 60-A-79
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the
establishment of a special event facility for weddings and other similar type events on
approximately 10+/- acres.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 618 (Gough Road), the VDOT
facility providing access to the property. The existing entrance on Route 618 appears adequate
for the proposed CUP. Should the use ever expand in the future, the entrance will need to be
reviewed to determine if additional improvements may be required.
Frederick County Inspections: Buildings shall comply with The Virginia Uniform Statewide
Building Code, and Conditional Use Permit for use of existing structures associated with an
operational farm for events. Farm exemption request shall be completed and filed with the
Building Code Official in the Building Inspection Department.
2015 Virginia Construction Code exempts – Farm buildings and structures, except for a building
or a portion of a building located on a farm that is operated as a restaurant as defined in Section
35.1.1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to
Chapter 2 (Section 35.1-11 et seq.) of title 35.1 of the code of Virginia. However, farm buildings
and structures lying within a flood plain or in a mudslide prone area shall be subject to
floodproofing regulations or mudslide regulations as applicable (USBC Sec 102.3).
Farm Buildings or Structures. A building or structure not used for residential purposed, located
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CUP #02-21, Eli Williams
March 21, 2022
on property where farming operations take place and used primarily or any of the following uses
or combination thereof:
1. Storage, handling, production, display, sampling, or sale of agricultural, horticultural,
floricultural or silvicultural products produced in the farm.
2. Sheltering, raising, handling, processing or sale of agricultural animals or agricultural
animal’s products.
3. Business or office uses relating to the farm operations.
4. Use of farm machinery or equipment or maintenance or storage of vehicles, machinery or
equipment on the farm.
5. Storage or use of supplies and materials used on the farm.
6. Implementation of best management practices associated with farm operations.
Winchester-Frederick County Health Department: Please see the attached letter from Jim
Davis, Environmental Health Supervisors dated December 3. 2020.
Frederick County Fire Marshall: Approved with Conditions. Fire department access the
venue as described in the Frederick County Fire Prevention Code shall be maintained during
events. Portable Fire Extinguishers shall be present and available per the Frederick County Fire
Prevention Code. An extinguisher shall be available within 75 feet of travel distance from
anywhere inside the structure. Smoke detector(s) shall be present during events.
Historic Resources Advisory Board: Please see the attached letter from Candice Perkins,
Assistant Director dated March 17, 2021.
Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been
applied for in response to a zoning violation for operating on this property without an approved
CUP. An approved CUP is one avenue to abate this violation.
Proposal & Site Configuration:
The proposed use will take place on an existing 10.0593+/- acre farm, which includes a single-
family detached residence, open outdoor patio, with 2,640 square foot barn for weddings and
other special events. The Applicant intends to host events for up to 200 persons and will provide
a gravel parking area for guests. Mobile portable restroom facilities will be used. All food
preparation will be via catering companies. This special event facility will be accessed via a
private driveway from Gough Road (Route 618).
Zoning Ordinance Conformance:
A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an
approved CUP. The Zoning Ordinance defines “special event facility” as a facility or site utilized
for events that are typically conducted on a single day, but which may be conducted for up to
three consecutive days, for which attendance is permitted only by invitation or reservation;
special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings
and private parties. Additional regulations for specific uses contained in §165-201.30, specify
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CUP #02-21, Eli Williams
March 21, 2022
the following requirements:
A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be
submitted with the conditional use permit application. This plan shall identify access for
the facility, the location of all parking areas, the location and square footage for all
structure(s) to be used, and the location of sewage disposal facilities.
B. All structures associated with a special events facility shall require a review and approval
by the Building Official.
C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may
require through the conditional use permit process that all travel aisles and/or parking
spaces be paved with a minimum double prime and seal or alternative dust-free surface.
D. Portable toilets shall be permitted for special event facilities, provided that they are
screened from all adjoining properties and roads by topography, structures or new or
existing landscaping.
E. Special events facilities that share a private access easement with another property
owner/s must show the easement allows a use of this type or written permission must be
obtained by the sharing parties.
Comprehensive Plan Conformance:
The property is surrounded by other RA (Rural Areas) zoned property, which includes open
space, agricultural uses, undeveloped residential lots, and single-family detached residences. The
Comprehensive Plan identifies this area of the County as “rural” and is to remain agricultural in
nature and is not part of any land use study. The Board of Supervisors added “special event
facilities” to the conditional use list for the County’s Rural Areas Zoning District in May 2017 to
support additional opportunities for agribusiness and agritourism.
The proposed use is consistent with the goals and strategies expressed in the Comprehensive
Plan and the surrounding properties.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
13
60 A 79
136CONIFER LN
4248CEDARCREEK GR
4241CEDARCREEK GR
118ANNAMARGARET DR
4210CEDARCREEK GR 121ANNAMARGARET DR
4250CEDARCREEK GR
1641GOUGH RD
4034CEDARCREEK GR
1498GOUGH RD 1565GOUGH RD
1480GOUGH RD
1485GOUGH RD
CEDAR CREEK GRG
OUGH RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 14, 2022CEDAR CREEK GRGOUGH RD
LAUREL GROVE RD
ODESSA LN
CONIFER LN
A
N
N
A M
A
R
G
A
R
E
T D
R
0 250 500125 Feet
CUP # 02 - 21: Eli WilliamsPIN: 60 - A - 79Special Event FacilityZoning Map
CUP #02-21
14
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6
7. Adjoining Property:
USE ZONING
North ______________________ __________________________
East _______________________ __________________________
South ______________________ __________________________
West ______________________ __________________________
8. The type of use proposed is (consult with the Planning Dept. before completing):
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
9. Describe, if applicable, any new buildings to-be-constructed associated with this use:
_______________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
10.The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of (across street from) the property
where the requested use will be conducted. (Continue on back if necessary.)
These people will be notified by mail of this application:
Name and Property Identification Number Address
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Kelly P. Daily
60-A-78B
1616 Handley Ave.
Winchester, VA 22601
Denise Degnan & James Degnan
60-9-12
1091 Montgomery Dr.
Grennsboro, GA 30642
Stephen Carroll
60-9-1
230 Conifer Lane
Winchester, VA 22602
Timothy Palmer & Chanda Palmer
60-6-1-1
4241 Cedar Creek Grade
Winchester, Va 22602
Charles Boyd & Sharon Boyd
73-A-43
4319 Cedar Creek Grade
Winchester, VA 22602
Charles Snapp & Patricia Snapp
60-A-80C
4124 Cedar Creek Grade
Winchester, VA 22602
Parakeet, LLC
60-A-80
1952 Jones Rd.
Winchester, VA 22602
Field RA
Field RA
Single Family RA
Field
Wedding and event venue
No new buildings will be built
RA
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18
19
20
21
22
23
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
March 17, 2021
Eli Williams
321 Saddleback Lane
Winchester, Virginia 22602
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Conditional Use Permit – Special Events Center
Zoning: RA (Rural Areas) District
Magisterial District: Back Creek
Dear Mr. Williams:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced
Conditional Use Permit application during their meeting on March 16, 2021. This application
seeks to operate a special event center on 10.7 acres of land located at 1570 Gough Road,
Winchester.
Historic Resources Advisory Board Comments:
After reviewing the provided information, the HRAB recommended approval of the Conditional
Use Permit with the following recommendations:
• Renovations for the house and barn should utilize original elements to ensure the
structures maintain their historic integrity.
• Placement of any parking for the facility should not impact the viewshed of the Fawcett
House/Overlook Farm; parking should be located along the eastern side of the property.
• Descriptive historic signage should be considered which outlines the significance of the
property and surrounding area.
Thank you for the chance to comment on this application. Please call if you have any questions
or concerns.
Sincerely,
Candice E. Perkins, AICP, CZA,
Assistant Director
CEP/pd
26
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Planning Commission
Agenda Item Detail
Meeting Date: April 6, 2022
Agenda Section: Information/Discussion Items
Title: Ordinance Amendment - Protection of Environmental Features, Off-Street
Parking, and Conditional Uses in the R4 and R5 Zoning Districts - (Mr. Klein)
Attachments:
PC04-06-22OA_ProtectionofEnvironmentalFeatures_Off-StreetParking_etc.pdf
29
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Protection of Environmental Features; Off-Street Parking; &
Conditional Uses in the R4 and R5 Zoning Districts
DATE: March 25, 2022
Proposal (Summary):
This is a request to amend Chapter 165 – Zoning Ordinance to clarify and amend requirements contained
in the supplementary use regulations, parking, planned development districts, and business and
industrial district sections. A summary of changes to each section is outlined below.
1. Protection of Environmental Features
Proposal:
This is a proposed amendment to expand the allowance for additional disturbance of steep slopes beyond
the Zoning Ordinance standard (25%).
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-201.09) allows the Zoning Administrator to allow the disturbance of
additional small areas where the disturbance will alleviate potential health and safety problems and will not
significantly impact the overall environmental quality of the site.
2. Off-Street Parking
Proposal:
This is a proposed amendment to modify the requirement for off-street parking spaces for single-family
attached/townhome (SFA/TH) dwelling units from two (2) off-street spaces per unit to 2.5 off-street spaces
per unit.
Current Zoning Ordinance Standards:
The Zoning Ordinance requires two (2) off-street parking spaces are required for all single-family dwellings
and mobile homes regardless of housing type (§165-202.01 & §165-402.09). This standard has been
insufficient for townhome communities where the off-street parking requirement is met with one (1) garage
space and one (1) driveway space. Typically, in townhome communities there is limited or no on-street
parking (due to driveway spacing and private road widths) and limited (if any) off-street visitor parking
spaces as off-street visitor parking is not presently required by the ordinance.
30
PC Discussion
Ordinance Amendments – Protection of Environmental Features; Off-Street Parking; & Conditional Uses
in the R4 & R5 Zoning Districts
March 25, 2022
Page 2
3. Conditional Uses in the R4 & R5 Zoning Districts
Proposal:
This is a proposed amendment to clarify the uses permissible with a conditional use permit in the Residential
Planned Community (R4) and Residential Recreational Community (R5) Zoning Districts.
Current Zoning Ordinance Standards:
Per §165-501.04 of the Zoning Ordinance, the R4 District as currently worded does not require a conditional
use permit be applied for to operate any use listed as a conditional use in the Zoning Ordinance.
Additionally, the R5 District does not currently indicate any allowance for conditional uses. It should be
noted that conditional use permits for the R5 has been interpreted to follow the conditional uses specified
in the Residential Performance (RP) District, which is consistent with how the permitted uses in the R5
District are indicated.
DRRC Summary:
The Development Review and Regulations Committee (DRRC) discussed these proposed ordinance
amendments for protection of environmental features, off-street parking, conditional uses in the
planned development districts at their February 24, 2022 meeting. The DRRC were supportive of the
proposed changes to the above sections. These items were sent forward to the Planning Commission
for further discussion.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by staff (with
bold italic for text added). Staff is seeking comments from the Planning Commission to forward to the
Board of Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
31
Proposed Changes – Protection of Environmental Features
DRRC reviewed 2/24/2022
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201
Supplementary Use Regulations
§165-201.08 Protection of environmental features.
In order to protect those areas of a parcel which have environmental characteristics that make them
unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It
is the intention of this section that the disturbance of such areas by the development process be limited. It
is also the intention of this section that the large portions of the areas with such environmental
characteristics be placed in open space, environmental easements, the portion of the parcel left undivided
or other areas where they will remain undisturbed. It is intended that the environmental conditions on a
property be reviewed as the first step in the planning process before lots or dwellings are located.
A. The requirements of this section shall apply to land in the following zoning districts:
RP Residential Performance District
R4 Residential Planned Community District
R5 Residential Recreational Community District
MH1 Mobile Home Community District
B1 Neighborhood Business District
B2 Business General District
B3 Industrial Transition District
OM Office-Manufacturing Park District
M1 Light Industrial District
M2 Industrial General District
HE Higher Education District
RA Rural Areas District
MS Medical Support District
B. All developments which require a rezoning, master development plan, subdivision design
plan, site plan, or preliminary sketch plan shall preserve the following environmental
features as described:
(1) Floodplains. Disturbance of floodplains is only permitted in accordance with the
requirements of Article VII, Part 702, FP Floodplain Districts.
(2) Lakes and ponds. Lakes, ponds and impoundments shall remain undisturbed. The
Administrator may allow the removal of a lake, pond or impoundment if it serves
no useful retention, environmental, or recreational purposes.
(3) Wetlands, natural waterways, and riparian buffers. Disturbance of wetlands is only
permitted in accordance with the requirements of the United States Army Corps of
Engineers or other qualified state or federal agency. The disturbance of natural
waterways and riparian buffers is prohibited, except when necessary for, and only
in conformance with Part 702, the following:
a) Public or private utilities;
32
Proposed Changes – Protection of Environmental Features
DRRC reviewed 2/24/2022
b) Public facilities, access to a property or roads (only perpendicular riparian
buffer crossings shall be permitted);
c) Riparian buffer restoration or enhancement projects;
d) Creation of wetlands;
e) Pedestrian, recreational and/or bicycle trails; and
f) The Zoning Administrator may allow for the disturbance of riparian
buffers for the creation of park areas or for stormwater management
purposes.
(4) Sinkholes. No disturbance of sinkholes is allowed other than filling with
nonpolluting natural materials that will not contribute to groundwater pollution.
(5) Natural stormwater retention areas. No more than 10% of natural stormwater
retention areas on a site shall be disturbed. Natural stormwater retention areas may
be replaced with the approval of the Administrator by artificial stormwater
facilities if the total storage capacity of the site, as well as within each
drainageway, is maintained. Natural stormwater retention areas which are
floodplains, wetlands, lakes or ponds shall not be disturbed or replaced.
(6) Steep slopes. No more than 25% of steep slopes, as defined shall be disturbed or
regraded. The Zoning Administrator, through a written request made at time of
site plan or subdivision design plan, may allow the disturbance of additional small
areas where that disturbance will alleviate potential health or safety problems and
will not significantly denigrate the overall environmental quality of the site. The
Planning Commission may allow the disturbance of larger areas of steep slopes.
C. In residential developments, the areas of undisturbed environmental features described in
§ 165-201.08B shall be located in areas of open space. However, the Zoning Administrator
may allow undisturbed areas to be included in the required setback and yard areas on
residential lots when the extent, location, and disturbance of environmental areas make it
impractical to place the undisturbed areas in common open space. In such circumstances,
environmental easements, deeds of dedication, final subdivision plats, or other legal
instruments approved by the Zoning Administrator shall be required to specify the
restrictions to be placed on the environmental areas.
D. In rural preservation subdivisions, the environmental features described in § 165-201.08B,
along with agricultural or locally significant soils, shall be placed within the forth-percent
parcel, without undue detriment to other principles of quality subdivision design or
significant loss of density, as determined by the Zoning Administrator.
E. In commercial and industrial developments, the areas of undisturbed environmental
features described in § 165-201.08B, shall be located in areas of open space, environmental
easements, deeds of dedication, final subdivision plats or other legal instruments approved
by the Zoning Administrator which specify the restrictions to be placed on the
environmental areas.
33
Proposed Changes – Off-Street Parking Requirements
DRRC reviewed 2/24/2022
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 202
Off-Street Parking, Loading and Access
§165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section. This section is intended to ensure that parking is provided on the lots to
be developed and to ensure that excess parking in public street rights-of-way does not interfere with
traffic.
A. Required parking spaces.
1. For certain residential uses, parking requirements are contained in the zoning district
regulations. In all other cases, parking spaces shall be provided with each allowed use, on the
lot or within the development containing the use, according to the following table:
Use Required Spaces
Single-family detached dwellings and
mobile homes
2 per unit
Single-family attached (townhouse)
dwellings
2.5 per unit
ARTICLE IV
Agricultural and Residential Districts
Part 402
RP Residential Performance District
§165-402.09 Dimensional requirements.
The following dimensional requirements shall be met by uses in the RP Residential Performance District.
The Zoning Administrator shall make the final determination as to the classification of housing types.
Unless otherwise specified, all housing types shall be served by public sewer and water.
H. Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached
dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall
contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no
more than 16 dwelling units in a group. Dimensional requirements shall be as follows:
34
Proposed Changes – Off-Street Parking Requirements
DRRC reviewed 2/24/2022
A. Lot Dimensions
A1 Minimum lot area 1,500 square feet
A2 Minimum lot width End Unit: 22 feet Interior Unit: 18 feet
B. Building Setbacks
B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet
B2 From off-street parking 15 feet
B3 Side 10 feet
B4 Rear 20 feet Back-to-back option:
N/A
C. Setbacks for unroofed decks, stoops, landings and similar features
C1 Front from off-street parking lot 10 feet
C2 Front from private/public road 15 feet
C3 Side (end unit) 5 feet
C4 Rear 5 feet
D. Minimum Parking
D1 Required off-street parking 2 2.5 per unit
E. Height
E1 Principal building (max) 40 feet
E2 Accessory building (max) 20 feet
35
Proposed Changes – Conditional Uses R4 & R5 Zoning Districts
DRRC reviewed 2/24/2022
Chapter 165 – Zoning Ordinance
ARTICLE V
Planned Development Districts
Part 501
R4 Residential Planned Community District
§ 165-501.04 Conditional uses.
Uses listed as conditional uses shall not require a conditional use permit, but all uses shall meet the specific
requirements set forth in this chapter for such uses.
Uses permitted through a conditional use permit in the R4 Residential Planned Community District shall
include those uses allowed as conditional uses in the following zoning districts with an approved
conditional use permit:
RP Residential Performance District
B1 Neighborhood Business District B2 General Business District B3 Industrial Transition District
OM Office-Manufacturing Park District M1 Light Industrial District
When a rezoning includes proffers that specifically identify allowance for designated conditional uses
on the property that is subject to the rezoning, subsequent approval of a conditional use permit for any
such designated conditional use(s) shall not be required as long as the use(s) takes place consistent
with the terms of the proffers and any master development plan required for the property.
36
Proposed Changes – Conditional Uses R4 & R5 Zoning Districts
DRRC reviewed 2/24/2022
Chapter 165 – Zoning Ordinance
ARTICLE V
Planned Development Districts
Part 502
R5 Residential Recreational Community District
§ 165-502.05 Conditional uses
Uses permitted through a conditional use permit in the R5 Residential Recreational Community District
shall include those uses allowed as conditional uses in the following zoning districts with an approved
conditional use permit:
RP Residential Performance District
B1
B2
Neighborhood Business District
General Business District
When a rezoning includes proffers that specifically identify allowance for designated conditional uses
on the property that is subject to the rezoning, subsequent approval of a conditional use permit for any
such designated conditional use(s) shall not be required as long as the use(s) takes place consistent
with the terms of the proffers and any master development plan required for the property.
§165-502.056 Design Requirements
No changes to proposed text in this section, only the section number.
37
Planning Commission
Agenda Item Detail
Meeting Date: April 6, 2022
Agenda Section: Information/Discussion Items
Title: Ordinance Amendment - Short-Term Lodging - (Mr. Klein)
Attachments:
PC04-06-22OA_Short-TermLodging.pdf
38
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Short-Term Lodging
DATE: March 25, 2022
Proposal:
This is a proposed amendment to Chapter 165 – Zoning to add “short-term lodging (STL)” to the definitions
section, provide additional regulations for short-term lodging and add the use to the RA (Rural Areas), RP
(Residential Performance) and MH1 (Mobile Home Community) Zoning Districts . As proposed by staff,
STL’s would be permitted by-right through an administratively reviewed permit process (draft permit
application also provided).
Staff understands from data provided by the Commissioner of Revenue (COR), 25 or more short-term
lodging units may be currently operating in Frederick County. The intent of the ordinance amendment
proposal is to ensure short-term lodging operations are properly managed from a zoning perspective. The
COR already has required all STL’s to have a valid business license for the purpose of collecting
lodging/occupancy taxes.
Current Zoning Ordinance Standards:
The Zoning Ordinance does not presently include a specific use or regulations for short-term lodging.
Similar uses such as “rooming house/boarding house” and “bed and breakfast” are already included in the
ordinance (allowed as conditional uses in certain districts) but are defined in such a manner that they would
not otherwise permit short-term lodging.
DRRC Summary:
The Development Review and Regulations Committee (DRRC) discussed the proposed ordinance
amendment at their March 25, 2022 meeting. The DRRC supported the proposed changes, noting they
would not support requiring a conditional use permit (CUP) for short -term lodging, and the item was
sent forward for further discussion.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
Staff is seeking comments from the Planning Commission to forward to the Board of
Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Short-Term Lodging Permit Application (Draft)
39
Proposed Changes – Short-Term Lodging
Revised March 24, 2022
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§165-101.02 Definitions and word usage.
SHORT-TERM LODGING
Short-term lodging (STL) is any occupancy of all or part of a dwelling or mobile home for a period of
30 days or less.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.35 Short-Term Lodging
Where permitted, short-term lodging shall meet the following requirements:
A. The maximum number of lodgers per night shall not exceed 10-persons, except where Uniform
Statewide Building Code permits only a fewer number of occupants.
B. No more than five (5) guestrooms are permitted for short-term lodging.
C. The maximum number of rental contracts per night is one (1). All lodgers occupying the short-
term lodging must be associated with the same rental contract.
D. A dwelling or manufactured home used for short-term lodging shall comply with the following
standards:
1) Be available for inspection by the County during reasonable hours and in accordance
with the Zoning Ordinance. Comply with the requirements of the applicable version of
the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety
Regulations, as determined by the Building Official.
2) Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide
detectors (when required for a fireplace or gas service).
3) Have a plan posted inside the door of each sleeping room showing the exit pathway
from the sleeping room used for short-term lodging to the nearest exit from the
dwelling or manufactured home.
4) Have one (1) designated off-street parking space available for lodgers, which the
Operator has the authority to reserve for short-term lodging purposes.
40
Proposed Changes – Short-Term Lodging
Revised March 24, 2022
E. Special events, as defined in Part 101 of the Ordinance, are prohibited in association with
short-term lodging use.
F. No short-term lodging activity shall take place on the property until the Department of
Planning and Development has approved a short-term lodging administrative permit for the
use and the Commissioner of the Revenue has approved a business license for the use.
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
§165-401.02 Permitted Uses.
OO. Short-Term Lodging
ARTICLE IV
Agricultural and Residential Districts
Part 402
RP Residential Performance District
§165-402.02 Permitted Uses.
B. Structures and land shall be used for one of the following uses:
16. Short-Term Lodging
41
Proposed Changes – Short-Term Lodging
Revised March 24, 2022
ARTICLE IV
Agricultural and Residential Districts
Part 403
MH1 Mobile Home Community District
§165-403.02 Permitted uses.
O. Short-Term Lodging
42
Frederick County, VA
Short-Term Lodging (STL) Permit Application
Page 1 of 8
SUBMISSION REQUIREMENTS
1. APPLICATION FORM: The application (pages 2 through 5) should be complete with original signatures.
2. APPLICATION FEE: Application fee in the amount for $200 for permit for a two (2) year permit. Payment
should be made in the form of a check payable to the “Treasurer of Frederick County” or electronic means
through the Commissioner of Revenue.
3. SAFETY/EXIT PATHWAY PLAN: Please provide a copy of the plan posted inside the door of each sleeping
room showing the exit pathway from the sleeping room used for STL to the nearest exit from the dwelling or
manufactured home.
4. REVIEW AGENCY COMMENTS: Comments/approvals from the Frederick County Building Official
(Building Inspections Department), the Frederick County Fire Marshal, and the Virginia Department of Health
(VDH, only required if property has a well and on-site sewage disposal system).
43
Draft March 24, 2022
Page 2 of 8
The following standards govern the establishment and operation of a short-term lodging (STL) use as an
accessory use to the principal occupancy of a dwelling, pursuant to the Frederick County Zoning Ordinance:
A dwelling or manufactured home used for STL shall comply with the following standards (pursuant to §165-
204.35):
• Be available for inspection by the County during reasonable hours and in accordance with the Zoning
Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide
Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building
Official.
• Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors
(when required for a fireplace or gas service).
• Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping
room used for STL to the nearest exit from the dwelling or manufactured home. (A copy of which shall be
attached to this STL Permit Application).
• Have one (1) designated off-street parking space available for lodgers, which the Operator has the
authority to reserve for STL purposes.
• The maximum number of lodgers per night may not exceed 10 persons, except where the Uniform
Statewide Building Code requires fewer occupants.
• The maximum number of rental contracts per night is one (1). All lodgers occupying a STL must be
associated with the same rental contract.
• Special events, including weddings, parties, banquets, fund raising, commercial or advertising activities,
and any other gathering of persons other than the authorized lodgers, whether for direct or indirect
compensation—are prohibited in association with any STL.
Aa STL Operator must:
• Obtain written consent from the owner of the property for the STL use if the STL Operator is not the
owner of the real property that will be used for short-term lodging.
• Be responsible for determining whether any regulations, prohibitions, and covenants applicable to the
dwelling or manufactured home prohibit STL.
• Designate at least one (1) person who consents to serve as a Local Emergency Contact by the Owner to
accept service of any legal papers relating to the STL use for the STL operator.
• Maintain a guest log including the name, address, and telephone number of all overnight lodgers. The
guest log must be made available upon request to any County employee or agent tasked with enforcing
the Zoning Ordinance or other applicable part of the County Code.
• Remain in compliance with the Commissioner of the Revenue regarding Business License, Business
Equipment, and the Transient Occupancy Tax (TOT) collection and remittance.
The Zoning Administrator’s issuance of a permit does not abrogate, nullify, or invalidate any other provision of
federal, state, or local law; any restrictive covenant; or any property owners’ association by-law.
I acknowledge and understand the above requirements. Failure to follow any of the above standards
may result in the revocation of my permit and/or penalties.
__________________________________________________________________________________________________
Signature of STL Operator Date
44
Draft March 24, 2022
Page 3 of 8
SHORT-TERM LODGER OPERATOR
STL Operator Name:
Street Address of STR: Unit:
City: Zip Code:
PIN #: Zoning District:
Magisterial District:
Operator Phone Number: Email:
OWNER OF THE PROPERTY (if different from the Operator)
Property Owner Name:
Street Address: State:
City: Zip Code:
Owner Phone Number: Email:
LOCAL EMERGENCY CONTACT (must be different from Operator and available to respond locally to emergencies)
Local Authorized Agent Name:
Street Address: State: Virginia
City: Zip Code:
Agent Phone Number: Email:
OFF-STREET PARKING LOCATION: Please provide a statement in the box below identifying the location of at least
one (1) designed off-street parking space available for lodgers, which you as the Operator have the authority to reserve for
STL purposes.
45
Draft March 24, 2022
Page 4 of 8
EMERGENCY CONTACT CERTIFICATION
I certify that I understand the responsibilities of the Local Emergency Contact for the short-term lodging operation and consent to
perform the duties outlined on in this Permit Application, in conformance with the Zoning Ordinance.
__________________________________________________________________________________________________________
Signature of Local Authorized Agent Date
SHORT-TERM RENTAL OWNER CERTIFICATION
I certify that I am the owner of the property identified on this application and I consent to the use of the property for sho rt-term
lodging, as will be operated by the applicant identified herein. I acknowledge that any violation related to the short -term rental is
deemed to be a violation by both the Operator and the Owner.
__________________________________________________________________________________________________________
Signature of Property Owner Date
SHORT-TERM RENTAL OPERATOR CERTIFICATION
As an OPERATOR, my signature on this form certifies that I understand the requirements of the Short -Term Rental (STR) Permit,
all information is true and accurate, and that I agree to the following:
1. To abide by the standards set forth in §165-204.35 and any other applicable requirements of the Zoning Ordinance and to
any other applicable federal, state, and local laws and regulations, whether related to the building in which the use is
conducted or to the use itself;
2. That the dwelling or manufactured home will be open for inspection by County personnel during reasonable hours; and
3. That I acknowledge that the application property may be located within an area that is subject to additional restrictions
pursuant to covenants, bylaws, regulations, or other limitations imposed pursuant to the Property Owners’ Association Act,
Condominium Act, or the Virginia Real Estate Cooperative Act. As such, I acknowledge that issuance of this Permit DOES
NOT abrogate, nullify, override, or otherwise have any effect on the applicability of any such regulations, declarations, or
limitations applicable to this property. Compliance with any such regulations, declarations, or limitations is the
responsibility of the Operator/Owner.
4. To remain in compliance with the Commissioner of the Revenue regarding Business License, Business Equipment, and the
Transient Occupancy Tax (TOT) collection and remittance.
5. That this permit expires, without notice at 11:59 P.M. on the last day of the period of validity , and requires renewal every
two (2) years.
6. That failure to abide by the regulations set forth in the Zoning Ordinance §165 -204.35 may result in permit revocation.
I certify that I understand the requirements of the Short -Term Lodging Permit and will comply with all standards set forth in the
Zoning Ordinance and any other applicable regulation, limitation, or requirement.
__________________________________________________________________________________________________________
Signature of STL Operator Date
46
Draft March 24, 2022
Page 5 of 8
FOR INTERNAL USE ONLY – To-Be-Completed by Planning and Development Department Staff
Zoning Administrator Signature:
Date of Approval of Short-Term Lodging (STL):
Short-Term Lodging (STL) Permit Number: STL #:
Period of Validity (Two-Years from Date of
Approval)
Fee: $200.00
Receipt Number:
47
Draft March 24, 2022
Page 6 of 8
FIRE MARSHAL COMMENT SHEET
48
Draft March 24, 2022
Page 7 of 8
BUILDING INSPECTIONS COMMENT SHEET
49
Draft March 24, 2022
Page 8 of 8
VIRGINIA DEPARTMENT OF HEALTH (VDH) COMMENT SHEET
50
Planning Commission
Agenda Item Detail
Meeting Date: April 6, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
51