PC 08-17-16 Meeting MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on August 17, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Robert S. Molden, Opequon District; Gary
R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee
District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston,
Back Creek District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District;
Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams,
County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Mark A. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative
Assistant.
CALL TO ORDER
Chairman Wilmot called the August 17, 2016 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the
Planning Commission unanimously adopted the agenda for this evening's meeting with the omission of
"this item is presented for informational purposes only" from the Action Item REZ #08-16 WWW, LC.
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COMMITTEE REPORTS
Frederick County Sanitation Authority — Mtg. 8/16/16
Commissioner Unger reported the FCSA Board approved a policy that enables courtesy
adjustments to residential customer water and sewer bills when leaks occur within residential customer
front yards; often such leaks go undetected until the water meters are read and an overwhelmingly large
monthly water use is identified. Commissioner Unger continued the current rate structure for multi-
family dwellings fails to properly compensate FCSA for capital, operational, and maintenance expenses
associated with providing water and sewer services to multi -family users. He noted following a public
hearing, the Board tabled action on the proposed new multi -family rate structure.
City of Winchester — Mtg. 8/16/16
Mr. John Tagnesi, Winchester City Planning Commission Liaison, reported the
Commission approved to move forward a CUP for Alibaba Hookah Bar to modify conditions of an
existing CUP. He concluded the Commission approved an Ordinance to rezone 64 acres to be included in
the Corridor Enhancement District.
Board of Supervisors — Mtg. 8/10/16
Board of Supervisors' Liaison, Supervisor Blaine Dunn reported, and the Board approved four
(4) Outdoor Festival Permits. Mr. Dunn concluded the Board approved an Amendment to the 2016-2017
Fiscal Year Budget — Pursuant to Section 15.2-2507 of the Code of Virginia.
CITIZEN COMMENTS
Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting.
PUBLIC HEARING
Conditional Use Permit #08-16 for Crossroad Grocery, submitted by Greenway Engineering Inc.,
for a Country General Store Addition. The property is located at the northwest intersection of
North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and is identified with
Property Identification Number 42-A-307 and 42 -A -309A in the Gainesboro Magisterial District.
Action — Recommend Approval
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Zoning and Subdivision Administrator, Mark A. Cheran reported the proposed use is an
expansion of an existing Country General Store. He continued the adjoining properties to the north,
south, east, and west are zoned RA (Rural Areas) and the uses are Residential/Commercial. Mr. Cheran
presented a locations map of the property. He explained a Country General Store is a permitted use in the
RA (Rural Areas) District with an approved CUP (Conditional Use Permit). Mr. Cheran continued
Crossroads Grocery provides general grocery, beverage merchandise, fuel sales, and a small prepared
food service area without seating. Mr. Cheran reported this County General Store has been in operation
for more than fifty (50) years, and research of County records revealed that a CUP had never been
approved for the existing Country General Store. Mr. Cheran explained the use was established prior to
this requirement; and is considered to be a legally non -conforming use or in layman's terms
"grandfathered". He noted the increase in the level of non -conformity may be accomplished through the
approval of a CUP.
Mr. Cheran reported the CUP enables the County to place restrictions/conditions on a use
when a use is considered appropriate in an effort to mitigate proposed impacts. He explained it is the
Applicant's desire to expand the size of this use by adding a 1,500 sq. ft. addition to the store and a 3,000
sq. ft. fueling canopy and fuel area. Mr. Cheran noted the addition to the store will allow for additional
merchandise sales and storage, as well as the ability to expand the existing restroom facility to provide for
a handicap accessible unisex restroom. He presented an illustrative sketch plan that was provided by the
Applicant for the proposed addition. Mr. Cheran reviewed the following conditions recommended for the
CUP (Conditional Use Permit):
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County, and the site
improved accordingly prior to operating store activities on site. The project site will adhere to
commercial parking and landscaping standards.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square
feet in area. The sign shall not exceed ten (10) feet in height.
4. Store and fuel sales hours of operation shall be between 5:00 am to 10:00 pm and Monday —
Sunday.
5. No outdoor display of goods will be permitted.
6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted.
7. Any expansion or change of use will require a new CUP.
Commissioner Triplett inquired has the Applicant agreed to comply with the concerns
raised by VDOT. Mr. Cheran elaborated there were two (2) comments, one from VDOT and one from
Mr. John Bishop. He noted these comments will be addressed with the site plan the Applicant must
submit.
Commissioner Oates asked for clarification; the sketch plan is not being approved. Mr.
Cheran noted that is correct, a site plan will be submitted for approval.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward. He
reported the Applicant is proposing a simple expansion, however they cannot do just the structure; they
must do the site as well. Mr. Wyatt presented an illustrative sketch plan of the property highlighting the
entrances. He noted the entrances are being relocated for safety reasons further away from the
intersection. In regards to questions raised pertaining to traffic; Mr. Wyatt explained if this CUP is
approved the Applicant will have to prepare a site plan and VDOT will have to process and approve an
Access Management Exception Request. In reference to the Staff report, Mr. Wyatt confirmed the
Applicant is satisfied with the conditions set forth with possibly more specificity. He highlighted two (2)
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conditions recommended by Staff that the Applicant would like to have adjusted to read: Condition #4, to
read "Store sale hours of operation shall be 5:00 am to 11:00 pm Monday — Sunday; gas canopy lighting
shall only be permitted to occur during store hours of operation" and Condition #6 "Fueling for delivery
trucks and automobiles shall be permitted, final site development shall not allow for tractor trailer parking
and diesel speed pump installation".
Commissioner Dunlap raised concern of safety if the lighting is turned off at the gas
pumps and they remain off through the night. Mr. Wyatt elaborated Crossroads Grocery has historically
not left the outside lighting on. He continued the motive of the Applicant is not to attract a lot of late
night business however there are individuals in the community that the pumps remaining on would
benefit. Commissioner Dunlap requested clarification that the gas pumps would be on 24 hours a day and
this will not be advertised. Mr. Wyatt confirmed that is correct.
Commissioner Unger asked what the "DF" on the plans stands for. Mr. Wyatt explained
that is for "drain field" and there is a 20 ft. buffer around that to make sure it is protected.
Commissioner Kenney inquired if the store would remain operational during the
construction/renovation process. The Applicant, Mr. James Alkire explained it is his intent to remain as
operational as possible. He continued, the construction would start in the rear of the property and move
forward to the store. Commissioner Kenney asked if the 1,500 sq. ft. addition will be solely for
merchandise. Mr. Alkire responded that is correct; there will not be any sit down food service. He noted
it may not go the full 1,500 sq. ft. however he wanted to make sure he allotted for enough room. He feels
once diesel fuel is brought in this will increase business on the agricultural side of the community and he
has no intention of catering to the truck stop world.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Carolyn Anderson of the Gainesboro Magisterial District came forward. She
explained she is concerned with: proper regulation of the septic system; the entrances in and out are and
will continue to be dangerous in her opinion.
Ms. Rebecca Morrison of the Gainesboro Magisterial District came forward to inquire
how the first entrance will be marked in the future.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Wyatt explained regarding the concern for the septic system. He noted the system is
and will be monitored and regulated by the Virginia Health Department. Mr. Wyatt continued and
addressed the traffic concerns. He explained VDOT is not anticipating to prohibit access off of Route 654
however they have made it clear an Access Management Exception Request process will be completed in
order to permit new entrances and to modify existing entrances. He concluded regarding the
configuration of the right in right out and how it would be marked; typically if VDOT approves a right in
right out entrance they require it be developed with a raised type median with a rolled curb and not just an
open entrance with a sign.
Commissioner Kenney commented he agrees this is a tight spot however with the
assistance of Greenway Engineering and the Planning Staff he feels it will be mitigated and will satisfy all
parties concerned. Commissioner Unger commented once engineered properly it will be a much better
place to get in and out of and he noted this is a very nice Country Store. Commissioner Oates noted
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currently it is a "grandfathered" use and the County does not have much input; with an approved CUP the
County can have some control on what takes place there.
Upon motion made by Commissioner Kenney, and seconded by Commissioner Triplett
with chanaes to Condition #4 and Condition #6 to reflect:
#4 The store and fuel hours shall be 5:00 am to 11:00 pm, Monday — Sunday; with
canopy lighting turned off at 11:00 pm to 5:00 am.
#6 New fueling area available for delivery trucks and diesel automobiles.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #08-16 for Crossroad Grocery, submitted by Greenway Engineering
Inc., for a Country General Store Addition. The Property is located at the northwest intersection of North
Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and is identified with Property
Identification Number 42-A-307 and 42 -A -309A in the Gainesboro Magisterial District.
(Note: Commissioner Thomas was absent from the meeting)
North Opequon Agricultural and Forestal District — Request of Cumberland Properties IV, LLC to
remove parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal District.
These parcels are identified as Property Identification Numbers 45 -A -10V, 45 -A -10W, 45-A-30, 45-
A-31, 45-A-32, and 45 -A -32A and located in the Opequon Magisterial District.
Action — Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Zoning and Subdivision Administrator, Mark A. Cheran reported this is a request to
remove six (6) parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal
District. He continued the North Opequon Agricultural and Forestal District was established in 2013 and
has been renewed one time; with the most recent renewal occurring in 2015 for a period of five (5) years.
Mr. Cheran noted the removal of these parcels will extinguish the District. Mr. Cheran presented a
locations map of the parcels. He reported the Agricultural District Advisory Committee (ADAC)
considered this request during their meeting on July 26, 2016. Mr. Cheran noted the ADAC unanimously
recommended that the six (6) parcels totaling 407.48+/- acres be removed from the North Opequon
Agricultural and Forestal District.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Pat Gallagher of the Stonewall Magisterial District came forward and inquired why
the parcels were initially added and now being removed. Mr. Cheran explained the Agricultural and
Forestal Districts in Frederick County are all voluntary; a property owner can request at any time to have
a property removed. Mr. Cheran concluded this property owner is looking into Conservation Easements
and also some development through boundary line adjustments.
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No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Upon motion made by Commissioner Cline
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the North Opequon Agricultural and Forestal District — Request of Cumberland Properties IV,
LLC to remove parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal
District. These parcels are identified as Property Identification Numbers 45-A-1 OV, 45 -A -10W, 45-A-30,
45-A-31, 45-A-32, and 45 -A -32A and located in the Opequon Magisterial District.
(Note: Commissioner Thomas was absent from the meeting)
ACTION ITEM
Rezoning #08-16 WWW, LC submitted by Greenway Engineering, Inc., to revise proffers
associated with Rezoning #03-03. This revision relates to the implementation of certain
transportation proffers. The subject property is located at the northwest side of the Northwestern
Pike (US Route 50 West) and Retail Boulevard intersection in the Gainesboro Magisterial District,
and is identified by Property Identification Number 52 -A -B.
Action — Recommend Approval
Assistant Director Transportation, John A. Bishop reported this rezoning is a minor
proffer amendment regarding the phasing; specifically the transportation improvements and more
specifically the extension of Retail Boulevard and the completion of Petticoat Gap Lane. Mr. Bishop
presented an aerial graphic of the site. He explained the property is located on the Northwest quadrant of
the intersection of Rt. 50 and Retail Boulevard. Mr. Bishop continued by presenting a brief history of the
site. He reported the site consists of 28.17 acres. He continued this property was originally rezoned in
2003 and was nearly 71 acres along the north side of Rt. 50 and west of Rt. 37 where businesses such as
Walmart, Applebee's, and the Bank of Clarke County are located. He explained that particular rezoning
encompassed numerous transportation proffers such as improvements to Rt. 50 and the interchange of Rt.
50 and Rt. 37. Mr. Bishop noted in addition that rezoning called for the construction of a major collector
roadway behind the Walmart to connect Rt. 50 and Botanical Boulevard. He continued through the
development process with alternations to the layout that was envisioned at that time; the first section of
the major collector road was constructed as Retail Boulevard, which has provided the access to the retail
area that surrounds Walmart.
Mr. Bishop reported the Applicant is now proposing to modify the proffers related to the
final portions of the proffered collector roadway. Mr. Bishop presented the proposed phasing triggers:
Submit right-of-way dedication plat for the remaining section of Retail Boulevard
and Petticoat Gap Lane within 180 days of conditional zoning amendment approval
by the Board of Supervisors
Prior to exceeding 50,000 square feet of site development the Applicant will design
and construct or bond the remainder of Retail Boulevard and Petticoat Gap Lane
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Construction must occur on or before the completion of the Phase 2 Lutheran
Boulevard Transportation Program
Mr. Bishop reported some items to note as this application is considered would be that
VDOT and the County Attorney have provided comments regarding concerns they have. He explained
regarding proffer B2, VDOT notes that some additional undeveloped parcels from the original rezoning
should be included in the square footage requirement that is being proposed to trigger the roadway and
the County Attorney notes concerns with the fact that the right-of-way is under a different LLC entity and
that the contract to construct in proffer B4 does not represent an actual guarantee to construct the roadway
but merely an obligation to a third party.
Mr. Evan Wyatt representing the Applicant came forward. He reported when this
property was originally rezoned the area was not largely commercialized. He continued now there are
several businesses at the location and the road configuration has changed. Mr. Wyatt highlighted the
important question when is the right time to build Petticoat Gap Lane. He noted the applicant has gone
through several scenarios with VDOT and the most comfortable approach for VDOT appears to be to
limit the 28 acres to 50,000 square ft.
Mr. Wyatt continued regarding the comment sent forth by the County Attorney, he
explained in 2004 this parcel was deeded by WWW LC to Petticoat Gap LLC and the conditions on the
dedication were reserved for public street purposes. He continued the Applicant has 180 days to perform
and the Applicant has proposed to add to proffer BI. It currently states the owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the undeveloped portion of Retail
Boulevard to the County within 180 days of conditional zoning amendment approval by the Frederick
County Board of Supervisors. He noted the Applicant would like to add the following to this proffer;
"and prior to any development activity on the property".
Commissioner Oates commented it may have been simpler to add Petticoat Gap LLC as a
party to the proffers if there is a good relationship. Mr. Wyatt this could have been done however he feels
with the addition to B1 it will result in the same.
Upon motion made by Commissioner Triplett and seconded by Commissioner Kenney
with addition of "and prior to any development activity on the property" to proffer B 1
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #08-16 WWW, LC submitted by Greenway Engineering, Inc., to revise proffers
associated with Rezoning #03-03. This revision relates to the implementation of certain transportation
proffers. The subject property is located at the northwest side of the Northwestern Pike (US Route 50
West) and Retail Boulevard intersection in the Gainesboro Magisterial District, and is identified by
Property Identification Number 52 -A -B.
(Note: Commissioner Thomas was absent from the meeting)
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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 Manuel and unanimously passed. The meeting
adjourned at 8:00 p.m.
Respectfully submitted,
Joie M. Wilmot"Chairman
Michael T. Ruddy, Secretary
s
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