PC 05-01-13 Meeting MinutesKeld::m the. Board Room of the Frederiek County, Administration ,Building at 107 North Kent Street'in
Winchester, Virgin a.onMay' 2,0,,1I
PRESENT': June M. 'Wiliimot, Chairman /Member at _Large;,: Roger L. Thomas; Vice Chairman/
Opequon District; Gary R: •Oates; Stonewall District; 1. Stanley Crockett, Stonewall Distract, ;Lawrence R.
Ambrogi', Shawnee District; H; Pai I- 'Manuel, Shawnee District -- Kevin. Kenney, Gainesboro, District;
Greg L. Unger, ,Batik Creek District, kevin'0. Crosen, Back .Creek Distrief Charles F. Dunlap;, Red Bud
Disf -ict;. Roderick'B. Williams;,Couhty LAttoriiey; Robert Hess, Board -of Supervisors Liaison; and Da _id
Smith, W, nchester- Planning Corriinissioi Liaison.
ABSENT : Brian Madagan; Opequon District; Christopher M. Mohn,.`.Red Bud :District;. and. Charles
E ,Triplett, Gaiinesboro DistrictL .
STAFF PRESENT: Eric R:; L-2( ci- Plan "Wing Director; Mark A. Cheran,. Zoning &Subdivision
Administrator; Can dice'E.'Perkiiis, SeniorPlanner ;:and :Renee' S. ArlottaXlerk.
CALL TO OtMER AND A- DOPTION-,OFAGENDA
Chairman Wilmot cal led ;the meeting to order at 7:0:0 P'. M.-
Upon motion irna& , by Commissioner.,0ates and,seconded`by Commissioner Thomas, the
Plannin g C ommission u»annnously adopted` the, agenda for this evening's meeting as presented;
MINUTES
Upon motion made by.Comrnissioner °Oates and.seconded,by Commissioner Crockett, the
minutes of March 20,'201 °3 were unani nously adopted as presented.
comm'ITTEE REPORTS..
Devopment R&Jbel &:Regulations Cbminittee (DRRC).— 4/18/13 Mtg;
Commissioner" Unger reported the. DRRC discussed TDR (Transfer of Development
Rights) Density Table+ Revisions. 14 a Iid the ,revisions to the zoning; ordinance to update the TDR
J
FredefICk Coun Pla2. ty nnmg Commission Page'2966'.
Minutes of Ivlay 1 2Qil; - .
f
2-
density rights would make this. table consistent wifl the, new Residential :Perfor nance (RP) standard's.,
Commissioner Unger stated the' second item ;discussed was the addition of MEDCottages. He said ,,this
c othu temporevisioothezoningordinance, would' i rary family`health,
care structures as a permitted use.
TransportafionCommittee - 4 22/43, ;Mtg.
Commi'ssoner Oates reported the Transportation Committee reviewed the Interstate„
Primary.;, and .secondary Road :Plan, Updates and this was 'forwar"ded to .tlie, Board of Supervisors with the.
committee's endorsement. Thel. second item on the agenda was the discussion of a xeq,uest, by the
Wake Iand Manor HOA :for the,placemeiit of "Children at Play " signs throughout the subdwision. He said
the :committee decided fo set up.:parameters for the placement. of'tffis type..of isign. Commissioner Gates
said the,'third item was a request, from, Red -Bud .Run Subdivision for "N'o Parking" signs; the committee
decided those; signs "Were ftftffie'c6gsdiyt The last item was a request to. review the speed. limit on apple,
Pie 'Ridge, Road .for trucks, and automobiles to have the same speed: limits. He said the committee.
members
I
noted this was just,recently studied and reposted about,, two years ago,and did not require further
study at, this tune.
City of;Winchester Planning Commission
Commissioner, David Smith; Winchester Ci .Planniha-66mrnission Liaison, reported
that over the previous; several months, the Commission has been tstuOy ing- .revisions, to the temporary
si'gnage zoning text. Iii `addition, lie 'said', the Cbmmissioii has been - working; on the Update to the
Comprehensive. Policy .Plan: Mr. Smith stated the Planning Commission is also working with CityMr.
Council. on regulations for -first: floor,apartment.d`wel-1ings within the first and. seconda y.distfi-ets.
Committee Appointments
Chairman° Wil'nlot .anriouTiced ,tlae appointment of Er..ic Lowman to the Development
Review,& Regulations Committee (DRRC). She'said'Mr. Lowman is 'a citizen inerri'lier representing, the
Red Bud District.
Chairman Wilmot ;announced. the appointment .of Ma; Tim -Stowe to the Development
Review, & Regulations Committee_ (D_RRC), S'he said Mr:. Stowe: is citizen member representing the Back
Creek D'i' "s "t "riot: -
Frederick County P anning.,Cominission Page 2957
Minutes of-MI y 1,;2013
v
Citizen Comments
Chairman Wilmot called forcitizen comments on ;at' subject not currently on -the
Plan img Comrni,ssion's° agenda. No one came for ward to speak and Chairman Wilmot closed the citizen,
comments portion of the meeting: .
PUBLIC .REARING
Esta6lis.htnent; of `the :North O ,P 9e von Agricultural and Forestal District, a, new i grieultu`ral, and
forestal district containing 40'0:186± aermconsistin6 of six pjrcels. _ The Proposed district, is _located
n the, Stsonewall;'Ma isteri "al D stricf straddling Old Charleston Road .(Rt. 761) to the north andg1
south; Opequon Creek to the east, and Slate. Lane to the'wesi,
Act =ion — Recommended' Approval
Commissioner Oatesi said 'he would abstain; from all. discussion and voting on this
particular'item, due. to a potential coiAlictof'i'nterest
Zoning !and "Subdi'v,i'sion :Administrator;, Mark R. ' Cheran; reported til e' ,Rlann ng
Commission . and Board of SupervGisor "s typically ;reviews and amends the Agricultural; .and Forestal
Districts within Frederick County - every. fye years., M "r. Ch "eran `reviewed wjith the Commission the
criteria: required', for." inclusion witliiin an,Agriculturaland Forest al'District. .
Mr. Cheran said tIie,Agricultural District, Advisory Committee ;(ADAC'), met on Match
18, 2Q13', and unanimously recommended the creation of a new Agriculturdt and Forest District; to be
known as 'the North Opequon Agricultural aid- Forestal District. Mr 'Cleran,.said the proposed district
contains. 400.1859- acres within ,six parcel's: 'These parcels are :located in ``the Stonewall Magisterial
District, straddling 'Old Charleston Road,(Rt. -7.61) to the north and south, Opequon .Creek to the east; and
Slate; Lane to the West. .He said .thesproposed district is agriculturally ;significant' and the predomin ant hy
agricultural 'operations.'in`the new district are and:crop :harvesting); and
10° percent open- space /woodlands , He _said the area within the di.str.jct-, s' rural' in .nature: He added the
location of the proposed d'istriet lies,,outsi'de of the Urban Development.Area '(,UDA) and the Sewer and
Water Service Area,(SWSA),and isnot.,a,part of any`land use phin of studybyFredericicCounty.
Chairman Wilmot, called for anyone in the audience who wished' to "speak either in favor
or. opposition to the, creation, of Ifi is new, district an d. the, following person -'carne forward'to speak:
Ms Maddy Radford, an adjoining property owner, introduced herself and her husband,
Car]. Ms,. Radford - wanted to know how the creation of the new North Opequon..Agr..icultural and Forestal
District would affect their property Chairman Wilmot "suggested ;that Mr. Chem - meet with the,Radfords
directly:after the, neefiiig tadascuss the -matter and answer theRRadford's questions.
N.b issues were raised by theComrnission members,
Corninissioner ' Thomas inade a :motion 'to recommend: approval'. This motion -was
secon ded'by Cgmrniss3onerJCio6kett aid "tinaimously passed.
F- .rederjck County Planning Comrn,ission, Page 2968
Midutes, of May 1; - 20.1{
4
BE,. IT RESOLVED ,the Frederick County Planning :Commission does; hereby unanimously recommend
approval,of,'iee establishiaent ofthe North Opequon „Agr cultural and.Forestal D;istrict,;a:new agricultural.
and. forestal district- containing 400 :y86± acres con sistmg-,of six parcels.` 'The proposed district is •located
w m.fihe. Stonewall Vlagisterfat 'D'istrict,;straddfing Old- Charleston Road (Rt, 761) to the north and south,
Opequon Creek to the east, and; Slate L' ane,to-the west.
Note; ',Commissioner Oates abstained`-froal voting_; Commissioners Mohn ;1VMadagan, ,and Triplett were
absent from° the meeting)
Consideration :'of an increase , of ;268x548+ acres to the South Tim'berRidge Agricultural and
Forestal District. The ;proposed. ncrease to this :district is located #in "the Gainesboro 'Magisterial
District: along Hollow ,Road ' t '7®7);'to °the north, and Muse" Road '(Rt. ;6'10) and Gold Orchard
Road (Rt. 708), to the east.
A'ct'ion Recommended Approva
Coittmissioner -Oates said he would. abstain from all .discussion and - voting on this item,
due to ,a- possible 'onfl ictof interest:
Commissioner'Kenney'said rhe'would. abstain ,froilT:all d seds'sion and voting on this item',
due toga possible.conflict of interest.
Zoning and -Subdiv,ision. Administrator, Mark A. C mheran,, reported this ite °is. for
consideration of :an addition 'to ;flies South Timber Ridge Agricultural'. and Forestal District within
Frederick County;; Mr. Clieran said the: South Timber Ridge Agricultural and Forestal' District is located11
in the G'ainesboro Magisterial District aloe g `Hollow Road {Rt. 7..07), .to, the north, and.,Muse Road, (Rt.
6.10) and Gold Orchard `Road (Rt 708) to -the east. He ~noted ,tl e existing district coi taiiis 615,+ acres,
Within 1'3 .parcels, and `is managed by ;oi e property. owner,.; The proposed add tion`wll be nvo parcels'
containing 162+ acres and 106` ±. azfes:for `a °total acreage `of 268+ acres. 1VIr. Cheran stated, if this addition
i's approved; the resulting :district ;will contain 15 parcels aa&883+ acres - managed, by one, property owner:.
Mr. , Clieran :stated the predominantly agricultural` operations,in,this district,are 90,percent
agriculture (orchard Arid crop l arv& Ling) aiid 10 percent.- .open- space /woodlands The area within the.
district :is rural in nature; Ge' said the 1location of the., proposed addition lies' .outside of the Urban
Development Area.(UDA) and!' °the: ;Sew,er arid' Water, Service Area ;t,SWSA) and';is not'a part,of any,land
use plan 'or `study by Frederick County: NIr; Cheran stated.ihe Agr- icultural Distriet..Advisory Committee
ADAC,) met on 'Ivlarclir`18 20 =1;3 and, unanimously recommended a- pproval of the increase to the South
Tnnber Ridge Agricultural anTForestal District:
Chairman Wrlmot.:called for anyone in the :audience who•)1.1slled to speak either in favor
or opposition to this application; No "one came forward to speak and Ghairman ;'W:ilinot closed the public
continent portion of theAlearing
No issues•were,r by the Plannin"Cbrni- nission,,
Freuei-ick.County "P.1 "tinning Conunissi`o.n Page 2969
Minutes of May 1,20.13
5-
Commissioner Unger- made A, motion 'to recommend approval. of the request to increase
acr "" edge to, the South Timber Ridge Agricultu °ral and Forestal` D'i's "tnct. ,Thin motiop " %as, seconded by
Coihmiss over Manuel and una iiinously passed;
BE,1T RESOLVED, the Frederick County Planning, Cornin scion :does ;hereby unanimously recommend,
approval of. the addition of ttvo 4paree_ls, containing `162+ acres aiid 1.06+ acres, for a total, :increase of
2'6.8,.548± acres 10 the South. Timber Rdge,Agricu`ltural and, Forestal :D:i trict. The resulting district will
contain 15 parcels consisting ,of`883 > +;acres,managedhy one propeity.ow-n-&t. The pr`oposed,.ncrease to
this; district is located in'the Gaineshoro 'Magisterial District along Hollow Road (Rt. 707) .to "the n orth,,
and..Muse Road (Rt. 690):and.Go7d Orchard'Road (Rt. 7080 to the, east
Note: 'Commissioners Oates. and Kermey abstained from; votin "g ,Commissioners Madagan, Mohr and
TripletMere absent from themeeting.)
INEORIYMATION°& DISCUSSION'ITEMS.
Discdssion of'the Rural,Preseryation ]Wt;_Requirements. The` P ro posed revision will allow d tisions
Ito existing recorded iural preservaiori,tracts.
Senior;Plaiiner."; Candice E. 'Perkins, ° reported the-staff° has reeeived a request to allow
divisions, to existing recorded ;rural preservation tracts, ,so' long a_s' the d:uision results 'in acreage being
added to the preservation tract, sand, only if the acreage `.being added comes 'from the overall ruraa
preservation subdivision. Ms. 'P,6rkin§, noted 'tl e „existing; ordinaiice states 'that "no future ;division "' of
these tracts is permitted; ;Therefore, any acr "edge additions would- be_consid'ered a "divisi"on" :and would not
be: permitted office the preservation lotlas been recorded;
Ms. Perkins reported this item was discussed yfa.'e_mail "by'the Development. Review and
Regulations Committee (DRRCYm::Marcl1 2013. -She said the:DRRC was supportive of the ;proposed
amendment being; forwarded' ,td the Planning `Commission for discussion.. One corrimeiit received
recommended the, amendizient`be expanded to allow boundaiy •line: ad usfinents /consolidations,of adjacent
properties, however, atthis tirne;the>te)d-has not been rev ised'to ,ref7eet tiie comment.
Conmissioner Oates asked why -this would` not allb, acreage from outside the existing
rural preservatibn subdivision,to. be added.. Ms.•Perki'ns re.pl'ied ,thexeason. for.notamending the;ordinance
al;l. "ow acreage to be adjusted in and; out would tie the potential foremisuse' of "the ordinance, ,for exariiple, 1.
ifaan adjacen`t,propertywereto swap good -land out: and poor; land_i'n., Cornmi'ssioner.Oates.believed that'if'
there.; is an°ppp'orGunity to increase, the size of the ruta] preservation Tract; it would not tie a negative;
Commissioner Thomas •commented "the.revision . states: any' overall 'increase; must'be.`to'the
rural' preservation tract;, therefore; if the ordinance is. changed'to state adjacent properties °inay be added. in, .
he. i did 60tS "6e how'that -wou'ld all,oviw. land to, be i emoued.. Ivls, Perkins suggested the ;proposed revision
could be drafted to,state I_and,could.be added,into the rural. preservaii- mtract, but not taken out.
ed'ertck County Planning,Gommissioti Page 2970
Minutes of Ma
The Commissioner".s, could not foresee ally disadvantage to al!lowingIand to, be added' into
the rural preservation tract, 'Chairrrin 'Wilmot' asked the staff•wliy this•was before the'Commission. Ms.
Perkns'replied,an owner of.an undeveloped platted rural preservation subdivision wanted to adjust some
of the internal lots ;however; due to then language and implementation of°the existing ordinance, .they were
unable to internally modify.
No other :issue "s of questions were raised. Ms. ':Perkins said she would .forward the
Commission's comments on to t1e-'Board of Supervisors.
ADJOURNMENT
No further `bus i ess `remained to be discussed and :upon `motion by 'Coinmiss over Oates
and second by Commissioner Crockett, the.meeting adjourned at 7:2`5 p.m„ by a unanimous vote..
Respectfully submitted,
Chairman
Er" R. Lawrence; Secretary
Frederick County'PTanning'Co:
Minutes of-lvlay 1,, 20 13
i'on Page 2971