PC 11-01-23 Meeting Minutes
Frederick County Planning Commission Page 4070
Minutes of November 1, 2023
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 November 1, 2023.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth
D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District;
Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Tim Stowe, Red Bud District;
Charles Markert, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: William A. Orndoff, Stonewall District
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner
I; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the November 1, 2023 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 Thomas and seconded by Commissioner Manuel,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel, the
Planning Commission unanimously adopted the minutes from the September 6, 2023 meeting.
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Minutes of November 1, 2023
COMMITTEES
None to present
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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 #10-23 for Roses Plumbing (Michael and Brenda Rose) submitted for a
cottage occupation (plumbing service). The property is located at 311 Paddys Run Road, Star
Tannery, Virginia and is identified with Property Identification Number 80-A-22 in the Back Creek
Magisterial District.
Action – Recommend Approval
Kayla Peloquin, Planner I, reported this Conditional Use Permit (CUP) application is for a
cottage occupation to operate a plumbing business. She shared a location map of the property and noted
the Applicant is proposing the following:
• Using an existing warehouse for the storage of materials.
• One (1) employee not residing on the premises to access the property periodically
to gather materials.
• Typical hours of 7:00 a.m. – 5:00 p.m., Monday – Friday along with afterhours
visits for emergency calls.
• No customers to visit the property.
Ms. Peloquin shared the definition of a cottage occupation per the Zoning Ordinance
(§165-101.02). She presented the conditions of this CUP as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. One (1) employee that is not residing on the premises is permitted.
3. No customers permitted on the property.
4. Any expansion or modification of this use will require the approval of a new CUP.
The Commission asked Staff why a cottage occupation CUP is necessary, and Staff
explained, because there is an employee of the business a cottage occupation CUP is required as this does
not meet the definition of a home occupation. The Commission directed Staff to consider amending the
cottage occupation definition in the Zoning Ordinance to allow for an employee with a standard home
occupation.
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Chairman Jewell called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. A neighbor of the Applicant spoke in support of the application and stated
they do not see why a CUP is required to operate in this proposed manner. No one else came forward to
speak and Chairman Jewell closed the public comment portion of the hearing.
Upon a motion made by Commissioner Brumback and seconded by Commissioner Stowe
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #10-23 for Roses Plumbing (Michael and Brenda Rose) submitted for a cottage
occupation (plumbing service). The property is located at 311 Paddys Run Road, Star Tannery, Virginia
and is identified with Property Identification Number 80-A-22 in the Back Creek Magisterial District.
(Note: Commissioner Orndorff, Stonewall District was absent from the meeting)
Ordinance Amendment to the Frederick County Code – revisions to the Frederick County Zoning
Ordinance, Chapter 165 to amend “Allowed Uses” tables contained in the planned development
(Article V0, and business and industrial districts (Article VI) to update and convert the permitted
uses terminology to the North American Industry Classification System (NAICS), remove reference
to the Standard Industrial Classification (SIC) in other sections of the Zoning Ordinance, and to add
or remove specific uses from the business and industrial districts “Allowed Uses” tables.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported There are two (2) proposals for consideration.
They are not mutually exclusive; staff has separated the proposals to ensure the potential changes outlined
below in “Proposal B” do not get lost in the complexity of “Proposal A.” Please note new topic for
consideration in bold below under “Proposal B.”
Proposal A: Conversion of Allowed Uses Terminology
The first proposal is to amend “Allowed Uses” tables contained in the planned development
(Article V), and business and industrial districts (Article VI) to update and convert the
permitted uses terminology to the North American Industry Classification System
(NAICS) and remove reference to the Standard Industrial Classification (SIC) in other
sections the Zoning Ordinance.
The NAICS is an alternative system in classifying business establishments that is
maintained and updated on a regular basis by the Office of Management and Budget (OMB). The 2022
edition of the NAICS classification system was reviewed by staff and used in drafting ordinance revisions
to convert from SIC to NAICS. As amended, the “Allowed Uses” list for each district was updated to reflect
NAICS terminology and to remove numeric SIC coding. A statement was added to the “Intent” section of
each district specifying how the Zoning Administrator may interpret use definitions, using those definitions
provided through NAICS resources. Given the broad impact this change will have on the Zoning Ordinance,
the information contained herein is limited only to the use tables impacted. The permitted uses list contained
in the MS (Medical Support) District was condensed into a single section with use group subsections
removed to provide additional clarity and remove duplicative uses. Other sections of the ordinance that
reference SIC have also been amended to ensure consistency throughout (for example the “Additional
Regulations for Specific Uses” section).
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Proposal B: Additions & Deletions to the Allowed Uses List; Other Changes:
The second proposal is to add or remove specific uses from the business and industrial
districts “Allowed Uses” tables. Specific additions and deletions are detailed below for
each district.
B1 (Neighborhood Business) District
“Car washes” were removed from the “Allowed Uses” list. This deletion was on the
recommendation of the Development Review and Regulations Committee (DRRC).
B2 (General Business) District
The following uses were added to the “Allowed Uses” list: Broadcasting and Content
Providers, Automotive Oil Change and Lubrication Shops, and Technical and Trade
Schools.
B3 (Industrial Transition) District
The following uses were added to the “Allowed Uses” list: Warehousing and Storage,
Gasoline Stations with or without Convenience Stores (and excluding Fuel Dealers),
Professional, Scientific, and Technical Services including Testing Laboratories including
General Business Offices, Electronic Precision Equipment Repair and Maintenance,
Consumer Goods Rentals and Car, Truck, Utility Trailers, and RV (Recreational Vehicle)
Rental and Leasing.
TM (Technology-Manufacturing Park) District
The following uses were added to the “Allowed Uses” list: Storage Batteries and Primary
Battery Manufacturing.
M1 (Light Industrial) District
The following uses were added to the “Allowed Uses” list: Storage Batteries and Primary
Battery Manufacturing, and Waste Management & Remediation Services limited to glass,
cardboard, and plastics recycling and excluding incinerators.
M2 (Industrial General) District
Tractor truck and tractor truck trailer parking was moved from the “Conditional Uses” list
to the “Allowed Uses” list.
MS (Medical Support) District
Remove requirement for locating “Continuing Care Retirement Communities” within a
two-mile radius of the Route 37 Medical Center Interchange (§165-504.02(B)(c)(1)).
HE (Higher Education)
The permitted use list was expanded to include accessory and secondary uses typically
associated in conjunction with education campus settings, for example restaurants and
retail uses.
EM (Extractive Mining) District
“Parks” was added to the “Permitted Uses” list.
Other Topics for Consideration:
Staff requests the Planning Commission consider the addition of battery storage as a
conditional use (requiring an approved conditional use permit or CUP) in the TM
(Technology Manufacturing), M1 (Light Industrial) and M2 (Industrial General) Zoning
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Districts. Battery storage operations enable energy from renewables, like solar, to be stored
and then released when the power is needed most. This is a new and emerging industry.
Staff notes battery storage is a separate, distinctive, use from primary battery and storage
battery manufacturing which has previously been allowed as a by-right use M2 District,
and is proposed as part of this ordinance amendment to also be allowed by-right in the TM
and M1 Districts.
Current Zoning Ordinance Standard:
The ordinance currently classifies industries using the Standard Industrial Classification
System (SIC), which was last updated in 1987. The SIC includes many uses that have
outdated terminology and definitions. Use of SIC presents a challenge to staff in making
interpretations and determinations regarding uses, especially for new and emerging
industries.
The Development Review and Regulations Committee (DRRC) met and discussed this
item at their February 23rd, March 23rd, and April 27, 2023, meetings. The primary discussion among the
DRRC was whether there were additional uses to be added to the permitted use list, or if specific uses
should be removed. The DRRC endorsed the proposed changes, including the additions outlined above and
specifically recommended the deletion of “car washes” from the B1 District. The Committee expressed
support for the conversion of the “Allowed Uses” tables to NAICS, stating it made the ordinance more
“user friendly” to existing and potential new businesses and updated outdated industry terminology.
The Planning Commission discussed this item on July 5th. The Planning Commission
unanimously supported Proposal A (Conversion of Use Terminology); the Planning Commission was
generally supportive of Proposal B (Additions & Deletions to Allowed Uses Lists). Commissioner Thomas
expressed reservation about additional uses proposed for the HE (Higher Education) Zoning District, noting
that development of the district without the school/college campus component could be problematic.
The Board of Supervisors discussed this item on August 9th and were generally supportive
of the proposals. The Board through consensus requested a specific revision to the MS (Medical Support)
district text to remove the requirement for locating “Continuing Care Retirement Communities” within a
two-mile radius of the Route 37 Medical Center Interchange as they stated it may be prohibitive to the
establishment of another medical campus and continuing care facilities elsewhere in the County.
Staff is seeking a recommendation by the Planning Commission on Proposal A
(Conversion of “Allowed Uses” Terminology”) and/or Proposal B (Additions & Deletions to “Allowed
Uses” List) to send forward to the Board of Supervisors
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.
The Planning Commission expressed reservation and did not offer a recommendation on
the inclusion “battery storage” as a conditional use in the TM, M1 and M2 districts. In their discussion
regarding “battery storage” the Planning Commission noted this was a very new and emerging industry
with lots of variables and it may not be the right time to include the use with so many potential unknowns.
Upon a motion made by Commissioner Thomas and seconded by Commissioner Aikens
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BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Ordinance Amendment to the Frederick County Code – revisions to the Frederick County Zoning
Ordinance, Chapter 165 to amend “Allowed Uses” tables contained in the planned development (Article
V0, and business and industrial districts (Article VI) to update and convert the permitted uses terminology
to the North American Industry Classification System (NAICS), remove reference to the Standard Industrial
Classification (SIC) in other sections of the Zoning Ordinance, and to add or remove specific uses from the
business and industrial districts “Allowed Uses” tables.
(Note: Commissioner Orndorff, Stonewall District was absent from the meeting)
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OTHER
Ordinance Amendment – Sign Ordinance (Revisions and RA Sign Height)
M. Tyler Klein reported, the following changes are proposed to Signs Ordinance (§165-
201.06) section of the Zoning Ordinance:
• To remove §165-201.06(1)(C) which is no longer necessary as “signs allowed in
certain districts” are no longer listed in each zoning district. Table 1, outlined later
in the Sign Ordinance, specifies the sign types allowed in each zoning district.
• To increase the allowed height permitted in the RA (Rural Areas) Zoning District
from four (4) feet to eight (8) feet in height.
This ordinance amendment was initiated by staff.
Mr. Klein shared a comprehensive revision to the sign ordinance was adopted by the Board
of Supervisors in May 2023. In implementing the revised ordinance staff have identified inconsistencies in
the sections that require immediate attention. The sign height currently permitted in the RA District (four
feet) was carried over from the previous version of the ordinance.
Mr. Klein concluded, the Development Review and Regulations Committee (DRRC)
discussed this ordinance amendment on September 28, 2023, and sent the item forward for discussion. Staff
is seeking comments from the Planning Commission to forward to the Board of Supervisors for additional
discussion. Planning Commission member offered no comments and forwarded to the Board of Supervisors.
Ordinance Amendment – Telecommunication Facilities (Setback Waiver)
M. Tyler Klein reported, this is a proposal to amend the supplementary use regulations for
commercial telecommunication facilities to modify the criteria for a setback waiver by the Board of
Supervisors (§165-204.19(C)(3)(a)). He noted this ordinance amendment was initiated by a
telecommunications provider.
Current Zoning Ordinance Standard:
The Zoning Ordinance §165-204.19(C)(3)(a) specifies: “The Board may reduce the
required setback distance for the wireless facility or wireless support structure as required
by § 165-201.03B(8) of this Code if it can be demonstrated that the location is of equal or
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lesser impact. When a reduced setback is requested for a distance less than the height of
the tower, a certified Virginia engineer shall provide verification to the Board that the
wireless facility or wireless support structure is designed, and will be constructed, in a
manner that if the wireless facility or wireless support structure collapsed the wireless
facility or wireless support structure will be contained in an area around the wireless facility
or wireless support structure with a radius equal to or lesser than the setback, measured
from the center line of the base of the wireless facility or wireless support structure. In no
case, shall the setback distance be reduced to less than 1/2 the distance of the height of the
wireless facility or wireless support structure.”
Mr. Klein shared; the current commercial telecommunication facilities were
comprehensively updated in 2019. The DRRC discussed this item on September 28, 2023, and endorsed
the proposed changes. Staff is seeking comments from the Planning Commission to forward to the Board
of Supervisors for additional discussion.
Planning Commission Bylaws Amendment
Wyatt G. Pearson, Director, reported, included in your packet is an amendment to the
Planning Commission bylaws to allow for code compliant electronic participation by Planning
Commissioners. The draft changes mirror the adopted board policy.
Staff would call attention to the limits established for “personal matters” which do not
allow more than two (2) instances in a given year. The State code does allow for two (2) instances annually
or 25% of the meetings held per calendar year rounded up, whichever is greater. Consequently, the
Commission could elect to include the 25% allowance which would roughly equate to six (6)
meetings assuming no cancellations in a given year.
Chairman Jewell made a motion to include the 25% allowance, seconded by Commissioner
Thomas and was unanimously accepted by the Commission.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Thomas to adjourn the meeting. This motion was seconded by Commissioner Aikens and unanimously
passed. The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary