PC 09-07-22 Meeting Minutes
Frederick County Planning Commission Page 3963
Minutes of September 7, 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 September 7, 2022.
PRESENT: John F. Jewell, Chairman; William A. Orndoff, Stonewall District; H. Paige Manuel,
Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Mollie
Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Kathleen Dawson, Red Bud
District; Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District;
Justin Kerns, Stonewall District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Shannon L.
Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the September 7, 2022 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join
in a moment of silence.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Manuel and seconded by Commissioner Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to
move item 6.B to be presented before the Public Hearing items.
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Minutes of September 7, 2022
COMMITTEES
City of Winchester – Mtg. 09/06/22
Commissioner Loring, Winchester City Planning Commission Liaison, reported a
proposed rezoning of approximately 5-acres on National Avenue (old Smalt’s Florist) was discussed for a
townhouse PUD. He highlighted a discussion was held regarding adjusting the PUD density bonus
provisions and ordinance and will work through those in two (2) weeks at their regular session.
Board of Supervisors
Supervisor Ludwig reported, the Board of Supervisors remained unclear at their last
meeting as to the best path forward regarding the STL ordinance; they do desire to get one in place as
soon as possible. He continued, this does not represent a difference in position between the Supervisors
but a general concern how best to balance the citizen rights. Both options were sent forward to the
Planning Commission on tonight’s agenda with the goal of collecting Commissioner and citizen input to
inform a final decision by the Board of Supervisors. He concluded, the Airport terminal supplemental
appropriation was approved although it was amended to permit a ceiling of 2.5 million in debt rather than
5 million.
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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. Jackie
Scott of the Red Bud District came forward and made a request for walking and biking paths along
Senseny Road. She noted, there currently is no public transportation for this area which leaves a lot of
people isolated; there is only one County park in the area and only accessible by car unless you live in the
immediate neighborhood. She concluded a walking and bike path could benefit the economic growth of
the restaurants and shops in the area and she feels this would fit well into the long term plans already
under way. No one else came forward to speak and Chairman Jewell closed the public comments portion
of the meeting.
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VDOT District Planner, Brad Reed shared a presentation on the State’s approach to
transportation planning and how it relates to the Planning Commission’s business.
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Minutes of September 7, 2022
PUBLIC HEARING
Rezoning #06-22 Tasker Warrior Properties, LLC submitted to rezone 8.5+/- acres from B2
(General Business) District with proffers to B2 (General Business) District with revised proffers.
The proposed proffer amendment seeks to modify the proffered hours of operation and allow for
the installation of a 24-hour ATM/ITM machine in conjunction with a by-right development of a
financial institution/bank. The property is located at the southwestern corner of Warrior Drive
and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee
Magisterial District.
Action – Recommend Approval
John A. Bishop, Assistant Director, reported this is a proposed rezoning to modify the
proffer statement approved with rezoning application REZ #04-18, Tasker Road & Warrior Drive
Commercial Properties LLC, approved February 13, 2019. He noted, specifically the proposal would
amend the hours of operation to allow for the installation of a 24-hour ATM/ITM machine in conjunction
with a by-right development of a financial institution/bank on the 8.5-acre subject property. He shared a
zoning map of the property. Mr. Bishop continued, the proposed rezoning (proffer amendment) while
altering the hours of operation for financial institutions/banks does not change the zoning district (B2) or
land uses and as such remains in conformance with the Comprehensive Plan. All other proffers
associated with REZ #04-18, including restricted hours of operation for other uses remain unchanged.
Chairman Jewell 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 Jewell closed the public
comment portion of the hearing.
Upon a motion made by Commissioner Manuel and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #06-22 Tasker Warrior Properties, LLC submitted to rezone 8.5+/- acres from B2 (General
Business) District with proffers to B2 (General Business) District with revised proffers. The proposed
proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-
hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank. The
property is located at the southwestern corner of Warrior Drive and Tasker Road and is identified with
Property Identification Number 75-A-104E in the Shawnee Magisterial District.
(Note: Commissioner Thomas, Commissioner Molden, Commissioner Aikens, Commissioner Kerns, and
Commissioner Markert were absent from the meeting)
Ordinance Amendment – Short Term Lodging – the ordinance would amend Chapter 165 – Zoning
Ordinance to add “short-term lodging (STL)” to the definitions section, provide additional
regulations for short-term lodging, add the use as a permitted use to the RP (Residential
Performance) and MH1 (Mobile Home Community) Zoning Districts, and add the use in the RA
(Rural Areas) Zoning District as either (i) a permitted use in all of the RA Zoning District or (II) as
a permitted use In the RA Zoning District if the STL operation has direct access to a state -
maintained road and as conditional use in the RA Zoning District if the STL operations does not
have direct access to a state-maintained road (with respect to the RA Zoning District, the Board
will consider both options).
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Action – No Recommendation
Wyatt G. Pearson, Director, reported 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. Mr. Pearson noted, as proposed, STL would be permitted
in all residential dwelling types (single-family detached, townhomes, apartments, duplexes, mobile
homes, etc.). He clarified, structures such as tents, recreational vehicles/campers, and other similar
structures that do not meet the building code definition of “dwelling” would otherwise be prohibited from
being used as short-term lodging units.
Mr. Pearson explained, the Board of Supervisors sent two (2) scenario options forward
for public hearing:
• Scenario A:
Short-term lodging would be allowed by-right for dwellings in the RA (Rural
Areas), RP (Residential Performance), and MH1 (Mobile Home Community)
Zoning Districts.
• Scenario B:
Short-term lodging would be allowed by-right for dwellings in the RP
(Residential Performance), and MH1 (Mobile Home Community) Zoning
Districts. Short-term lodging would be allowed by-right in the RA (Rural Areas)
District only where access to the property is directly from a state roadway; short-
term lodging would be allowed through an approved conditional use permit
(CUP) for properties where access is from a private driveway.
Mr. Pearson shared the proposal for Short-Term Lodging with potential changes
highlighted dependent upon the two (2) scenarios:
• (§165-101.02) Short-Term Lodging
Short-term lodging (STL) is any occupancy of all or part of a dwelling or mobile
home for a period of thirty (30) days or less.
• (§165-204.35 Sort-Term Lodging
Where permitted, short-term lodging shall meet the following requirements:
A. The maximum number of lodgers per night shall not exceed 10 unrelated
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 for a short-term lodging
dwelling unit per night is one (1). All lodgers occupying the short-term
lodging dwelling unit 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:
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Minutes of September 7, 2022
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 at least two (2) designated off-street parking spaces
available for lodgers, which the Operator has the authority to
reserve for short-term lodging purposes.
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
Revenue has approved a business license for the use.
G. Short-term lodging operations, in the RA (Rural Areas) Zoning District,
that share a private driveway with any other properties requires
approval of a conditional use permit (CUP).*
* Only would be included for Scenario B
Mr. Pearson shared a map pointing out the current short-term lodging locations that are
on private streets and public streets. He concluded, Staff is seeking a recommendation and comments
from the Planning Commission to forward to the Board of Supervisors on this proposed ordinance
amendment, and whether Scenario A or Scenario B is appropriate.
Commissioner Triplett asked what is meant by short-term. Mr. Pearson responded it is
considered 30 days or less. Commissioner Brannon for clarification on what the Board of Supervisors is
requesting. Mr. Pearson explained, the Board is requesting a suggestion or recommendation on which
scenario would be best suited for the Ordinance Amendment on Short-Term Lodging. Commissioner
Brannon asked if the locations shown on the map presented are solely the ones Staff is aware of at this
time. Mr. Pearson commented that is correct. Commissioner Manuel inquired if Lake Holiday would be
affected. Mr. Pearson noted, Lake Holiday is zoned R5, and this ordinance amendment only pertains to
the RA district. Chairman Jewell commented, this item is only looking at the RA district and with this
ordinance it is intended to be a more streamlined system. Mr. Pearson explained, that is correct, currently
the only definitions we can safely use are Bed & Breakfast or Rooming & Boarding House and both are
problematic for what the current model of an Airbnb operation looks like; in that they indicated there is
food service provided and staff on site to some extent.
Commissioner Brannon asked if the owners would be home at the time it is rented. Mr.
Pearson clarified, sometimes they are, however, the majority of the time they are not; sometimes the
owners rent out a portion of the home and still reside on the premises and other times the entire home is
considered the rental. Commissioner Brannon noted, will this be trading traffic trips or creating trips.
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Mr. Pearson stated studies show STL generate less traffic than single family homes and it typically is not
during peak hours. Commissioner Triplett asked if gated communities are considered private roads and
Mr. Pearson commented that is correct.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
Leslie Schotroffe of the Opequon District and a resident on Wayne’s Lane came forward
to share her concerns with the current STL being on Wayne’s Lane. She feels the road was not designed
for the extra traffic thus causing wear and tear. She continued, with the increased traffic and strangers
coming and going, they no longer feel safe in their home. Mrs. Schotroffe explained, the road is a dead
end, and the residents maintain the upkeep of the road. She requested the Planning Commission
recommend Scenario B with attached conditions; the owner of the STL must have direct access from a
state maintained road or the owner of the STL have a signed contract from all property owners on the
road granting permission, and the owner of the STL pay to have the driveway paved and widened for
safety reasons.
Sue Case of the Opequon District and a resident of Wayne’s Lane came forward and
shared her concerns with the wear and tear on the driveway; she noted, it is a one lane gravel private
driveway. She continued, if two (2) vehicles meet, one must back up into someone’s driveway. She
requests that all STL properties come off a state maintained road. She stated she would support Scenario
B if there are specific conditions noted.
Carl Achstetter of the Opequon District and the owner of the property on Wayne’s Lane
that is the subject of the previous speakers. He shared, before he started the STL he visited with all
homeowners on Wayne’s Lane to hear their concerns. He noted the main concern he heard was the
increased traffic on the lane; after research he determined the STL would be a drastic decrease in traffic
and trips per day. He calculated his family trips out of the property which was approximately 14 per day
which is about 98 per week and when the property is note rented that is a huge decrease in traffic and trips
on the lane. Mr. Achstetter explained, when guests arrive, they are given directions and made aware of
the requested speed limit on the road, they are asked not to contact neighbors for any reason and are
provided his phone number and his wife’s number if needed. He continued, there are five (5) additional
families on Wayne’s Lane and over the course of three (3) months , three (3) families have said they are
ok with the STL. He noted, the parcels on Wayne’s Lane are large and guests are given a diagram of the
property; as hosts they are obligated to the safety and upkeep of their property.
Michael Schotroffe of the Opequon District and a resident on Wayne’s Lane came
forward and noted he maintains the driveway; he stated the owners of the STL do not assist with this.
Angie Wooten of the Opequon District and the co-owner of the property being discussed
stated, the road has always been one lane and she understands the concerns of the neighbors, however, the
traffic has decreased. She noted, they do help maintain the road; there is a m aintenance agreement in
place. She concluded, the Airbnb has been good for the rural areas and families have gotten creative; and
the economic benefits to the County are large.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Commissioner Brannon stated all private roads have a maintenance agreement and she
does not feel it seems appropriate to single out the STL’s on private roads when other businesses are not;
should leave as a by-right and she leans toward Scenario A. Commissioner Orndoff disagreed and stated
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not all private roads have a maintenance agreement. He continued, when you buy property on a private
road you know what you are getting into. He feels Scenario B is the only way to utilize this and move it
along and allow the CUP to handle the rest. Commissioner Triplett commented private roads are a shared
right-of-way and those involved need to work together to maintain.
Commissioner Kozel inquired if it is recommended to go with Scenario B would every
STL request have to submit a CUP application; concerned with how this affects the by-right. Chairman
Jewell stated if it is in the RA and on a private road; there needs to be guidelines put in place and Scenario
B gives a voice to those to share their concerns with the Planning Commission and the Bo ard of
Supervisors and if it is by-right there is no choice. Commissioner Brannon shared she does not think if
you live on a private road, you should be regulated and those on a state maintained road are not .
Chairman Jewell commented he disagrees, he feels Scenario B is giving everyone a fair level playing
field; and having the opportunity to come forward and express the good or bad is giving everyone a voice.
Commissioner Brumback inquired how this will affect the cottage occupation. Mr.
Pearson explained, prior to the code change that created the cottage occupation separately from the home
occupation, everything came before the Planning Commission as a CUP; someone can still do a cottage
occupation by CUP, but they are more intensive than home occupations. He continued, no they can get a
by-right business license as long as no more than five (5) customer visits per day and meets other rules
and regulations; as considering the concerns with traffic generation Staff did not think that by-right
someone could operate a home occupation with five (5) customer trips per day which equates to ten (10)
trips without any other regulations. Commissioner Dawson stated she agrees with Commissioner
Brannon; and people have right-of-way that is on their deed and have a right to use it. She noted, CUPs
are costly and problematic. Commissioner Orndoff stated the Planning Commission is not in the role to
take homeowners rights away; when you by a piece of real estate that is serviced by a private road you are
in a sense giving up certain rights and we are not taking anything away from people. Commissioner
Triplett commented you are technically getting a right-of-way to your property, and you are not giving up
anything. Commissioner Kozel stated if we require a CUP for a STL on a private road, would it make
sense to apply this to everyone that operates a STL. Chairman Jewell stated that is currently how it would
be and the point of the ordinance to set guidelines.
Upon a motion made by Commissioner Brannon and seconded by Commissioner Dawson
to approve Scenario A
Yes: Brannon, Dawson, Kozel, Brumback
No: Jewell, Orndoff, Triplett, Manuel
Upon a motion made by Commissioner Orndoff and seconded by Commissioner Triplett
to approve Scenario B
Yes: Orndoff, Triplett, Jewell, Manuel
No: Brannon, Dawson, Kozel, Brumback
BE IT RESOLVED, the Frederick County Planning Commission does not send forward a favorable
recommendation for Ordinance Amendment – Short Term Lodging – the ordinance would amend Chapter
165 – Zoning Ordinance to add “short-term lodging (STL)” to the definitions section, provide additional
regulations for short-term lodging, add the use as a permitted use to the RP (Residential Performance) and
MH1 (Mobile Home Community) Zoning Districts, and add the use in the RA (Rural Areas) Zoning
District as either (i) a permitted use in all of the RA Zoning District or (II) as a permitt ed use In the RA
Zoning District if the STL operation has direct access to a state-maintained road and as conditional use in
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the RA Zoning District if the STL operations does not have direct access to a state-maintained road (with
respect to the RA Zoning District, the Board will consider both options).
(Note: Commissioner Thomas, Commissioner Molden, Commissioner Aikens, Commissioner Kerns, and
Commissioner Markert were absent from the meeting)
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INFORMATION/DISCUSSION
Rezoning #05-22 Greystone Properties proposal to amend the proffer statement approved with
REZ #02-21 (Greystone Properties, LLC Age-Restricted). The proposed amendment seeks to
replace the current text defining age-restricted with the language to align with the federal
guidelines governing age-restricted housing more closely. No other provisions in the approved
proffer statement are proposed to be amended, and the use and density enabled on the 119.27-acre
(RP) Residential Performance zoned subject properties (Back Creek District) remains unchanged.
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
John A. Bishop, Assistant Director, reported the proposed rezoning seeks to modify the
proffer statement with REZ #02-21 (Greystone Properties, formerly Willow Run), to modify the
definition of age-restricted. He noted, specifically, the minor proffer amendment would expand the
current text defining age-restricted with the language more closely aligned with the federal guidelines
governing age-restricted housing. Mr. Bishop shared a zoning map of the property. He explained, no
other provisions in the approved proffer statement (zoning, transportation, or site access) are proposed to
be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned
subject properties, approved with REZ #02-21, remains unchanged.
Mr. Bishop presented the definition and guidelines of “Age Restricted” as defined in the
zoning ordinance and in alignment with federal guidelines governing age restricted housing:
A. Shall mean all occupied residential units shall be occupied by at least one person
fifty-five (55) years of age or older and all other residents must reside with a
person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant,
an occupant’s child of nineteen (19) years of age or older or provide primary
physical or economic support to the person who is fifty-five (55) years of age or
older. Notwithstanding this limitation (i) a person hired to provide live-in, long
term, or terminal health care of a person who is fifty-five (55) years of age or
older for compensation may also occupy a dwelling during any time such person
is actually providing such care, and (ii) guests under the age of fifty -five (55)
shall be permitted for periods of time not to exceed sixty (60) total days in any
calendar year.
B. If title to any lot shall become vested in any person under fifty-five (55) years of
age by reason of descent, distribution, foreclosure or operation of law, the age
restriction set forth in this Section 1 shall not work a forfeiture or reversion of
title, but rather such person thus taking title shall not be permitted to reside on
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such lot until such person shall have attained fifty-five (55) years of age or
otherwise satisfies the requirements as set forth herein.
C. Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to
continue to occupy a dwelling without regard to age.
D. The foregoing limitations shall apply to any tenant who resides in any dwelling
offered for lease by the Owner thereof.
Commissioner Brannon asked if this proposal was to match the federal regulations. Mr. Roderick
B. Williams, County Attorney, commented that is correct.
There were no additional comments or discussion, and this item will be forwarded to the
Board of Supervisors for Information and Discussion.
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OTHER
Wyatt G. Pearson, Director, referenced the intro slide for the NELUP. He noted there
will be two (2) community meetings; Tuesday October 18th at 6:30 held at Jordan Springs Elementary
School and Tuesday October 25th at 6:30 held at Stonewall Elementary School.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Orndoff to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously
passed. The meeting adjourned at 8:15 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary