PC 05-20-15 Meeting MinutesMEETING MINUTES
nV •rur
va ..A—
FREDERICK
iii:.
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on May 20, 2015.
PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; H.
Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek
District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; Christopher M.
Mohn, Red Bud District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County Attorney;
Robert Hess, Board of Supervisors Liaison; Mark Loring, City of Winchester Liaison.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Gary R. Oates, Stonewall District; J.
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director Transportation; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning
and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the May 20, 2015 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.
Frederick County Planning Commission Page 3215
Minutes of May 20, 2015
COMMITTEE REPORTS
Comprehensive Plans & Programs Committee (CPPC) — 5/11/15
Commissioner Mohn reported further discussion was held on the Kernstown Area Plan.
He noted there is a Public Meeting being held on May 26, 2015 regarding this.
City of Winchester Planning Commission — 5/19/15
Mr. Mark Loring, Winchester City Planning Commission Liaison, reported the
Commission recommended approval of two items: A zoning ordinance for home improvement donation
centers; Conditional Use Permit for the Amphitheater at the Taylor Hotel.
Board of Supervisors Report — 5/13/15
Board of Supervisors' Liaison, Supervisor Robert Hess, reported the Board of
Supervisors held a Public Hearing on the rezoning of the Blackburn Commerce Center. There were no
comments and it was unanimously approved. The next item was an ordinance amendment to include OM
District as a permitted use in the R4 District, this also was approved. The third item was an ordinance
amendment regarding permeable pavers and this was approved. Mr. Hess reported the rezoning for CB
Ventures LLC has been delayed to June 10, 2015. He explained before the meeting the applicant
submitted a revised proffer to reduce the height limitation to 35 feet and provided additional information
to the Board of Supervisors. The Board voted to delay the vote in order to properly evaluate the recent
information that was provided. The final item was the MDP for the Blackburn Property in which the
waiver request for private roads was approved.
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.
Frederick County Planning Commission Page 3216
Minutes of May 20, 2015
PUBLIC HEARING:
2015-2020 Agricultural and Forestal District Update — The renewal of these Districts will establish
a total of 11,425.93 acres within the Agricultural and Forestal District Program for the ensuing five
year period. Properties that are incorporated into an Agricultural and Forestal District are
guaranteed certain protection as specified in Section 15.2-4300 of the Code of Virginia.
Action — Recommended Approval of the
Renewal of Eight Existing Districts
Commissioner Kenney would abstain from all discussion on these items for a possible
conflict of interest.
Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Agricultural
District Advisory Committee (ADAC) met on April 20, 2015, and unanimously recommended the
renewal of the eight Agricultural and Forestal District: the Albin Agricultural and Forestal District; the
Apple Pie Ridge Agricultural and Forestal District; the Double Church Agricultural and Forestal District;
the Green Springs Agricultural and Forestal District; the North Opequon Agricultural and Forestal
District; the Red Bud Agricultural and Forestal District; the South Frederick Agricultural and Forestal
District; the South Timber Ridge Agricultural and Forestal District.
Mr. Cheran proceeded to give the location and description of each of the eight districts
proposed for renewal. The Planning Commission considered and acted upon the renewal of each district
separately, as follows:
Update of the Albin Agricultural and Forestal District
This District will consist of 1,011.50+\- acres within 13 parcels located within the Gainesboro Magisterial
District, west of Route 37, north and south of Route 522, near the Albin Rural Community Center. This
District contains predominantly agricultural operations with 90 percent agriculture (livestock, orchards,
and crop harvest) and 10 percent open-space/woodlands. The area within the District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the Albin Agricultural and Forestal District consisting
of 1,011.50+/- acres located in the Gainesboro Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Frederick County Planning Commission Page 3217
Minutes of May 20, 2015
Update of the Apple Pie Ridge Agricultural and Forestal District
This District will consist of 887.59+/- acres within 32 parcels located within the Gainesboro and
Stonewall Magisterial Districts, along Payne Road (Route 663) to the north, Welltown Road (Route 661)
to the east, Apple Pie Ridge Road (Route 739) to the west, and Glendobbin Road (Route 673) to the
south. This District contains predominantly agricultural operations with 90 percent agriculture (livestock,
orchards, and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural
in nature.
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the Apple Pie Ridge Agricultural and Forestal District
consisting of 887.59+/- acres located in the Gainesboro and Stonewall Magisterial Districts.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Update of the Double Church Agricultural and Forestal District
This District will consist of 923.16+/- acres within 17 parcels located within the Opequon Magisterial
District, along Double Church Road (Route 641), Canterburg Road (Route 636), Grim Road (Route 640),
Wise Mill Lane (Route 737). This District contains 75 percent agriculture (livestock and cultivation of
hay) and 25 percent open-space/woodlands. The area within the District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments and the following
person came forward to speak:
Ms. Stephanie Shahan who lives on Whitfield Circle just off of Double Church Road
inquired is the property across the road from her property part of the Agricultural and Forestal District, as
she could not distinguish from a map provided to her. Chairman Wilmot noted all the maps for the
Agricultural and Forestal District are located on the website and Ms. Sheehan is welcome to call Staff if
she needs further clarification.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
Frederick County Planning Commission Page 3218
Minutes of May 20, 2015
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the Double Church Agricultural and Forestal District
consisting of 923.16+/- acres located in the Opequon Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Update of the Green Springs Agricultural and Forestal District
This District will consist of 385.63+/- acres within 2 parcels located within the Gainesboro Magisterial
District, along Glaize Orchard Road (Route 682) to the south, and Green Springs Road (Route 671) to the
east. This District contains 40 percent agriculture (livestock, and crop harvesting) and 60 percent open-
space/woodlands. The area within the District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the Green Springs Agricultural and Forestal District
consisting of 385.63+/- acres located in the Gainesboro Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Update of the North Opeauon Aericultural and Forestal District
This District will consist of 407.48+/- acres within 6 parcels located within the Stonewall Magisterial
District, along Old Charlestown Road (Route 761), Opequon Creek to the east, and Slate Lane to the
west. This District contains predominantly agricultural operations with 90 percent agriculture (livestock
and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments and the following
persons came forward to speak:
Ms. Nancy Gallager of the Stonewall Magisterial District expressed her concern of bio -
solids being applied to farm right beside her property. She is concerned with possible well
contamination, airborne pathogens, and the adjacent creek becoming harmed. She would like to see
further review of these hazards by the County.
Mr. Pat Gallager of the Stonewall Magisterial District inquired if the County has a person
that monitors these bio -solids and who to contact with questions and concerns. Chairman Wilmot advised
he contact Staff to obtain this information.
Frederick County Planning Commission Page 3219
Minutes of May 20, 2015
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the North Opequon Agricultural and Forestal District
consisting of 407.48+/- acres located in the Stonewall Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Update of the Red Bud Aericultural and Forestal District
This District will consist of 985.59+/- acres within 36 parcels located within the Stonewall Magisterial
District, and generally located along Red Bud Road. This District contains 75 percent agriculture
(livestock, horses, and crop harvesting) and 25 percent open-space/woodlands. The area within the
District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments and the following
persons came forward to speak:
Mr. William Crittenden representing the House of Jacob Church inquired if there are any
changes in their area that they should be aware of. Chairman Wilmot noted the only change being the
elimination of parcels under 5 acres in size.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the Red Bud Agricultural and Forestal District
consisting of 985.59+/- acres located in the Stonewall Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Update of the South Frederick Agricultural and Forestal District
This District will consist of 5845.90+/- acres within 46 parcels located within the Back Creek Magisterial
District, along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631),
and Hites Road (Route 625). This District contains predominantly agricultural operations with 90 percent
Frederick County Planning Commission Page 3220
Minutes of May 20, 2015
agriculture (orchard and crop harvesting) and 10 percent open-space/woodlands. The area within the
District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments and the following
persons came forward to speak:
Mr. Paul Anderson came forward to voice his concern on the elimination of parcels that
are less than 5 acres. He requested this decision be revisited and he does not feel it is accommodating to
the property owners.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the South Frederick Agricultural and Forestal District
consisting of 5845.90+/- acres located in the Back Creek Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Update of the South Timber Ridge Agricultural and Forestal District
This District will consist of 979.08+/- acres within 16 parcels located within the Gainesboro Magisterial
District, along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road
(Route 708) to the east. This District contains predominantly agricultural operations with 90 percent
agriculture (orchard and crop harvesting) and 10 percent open-space/woodlands. The area within the
District is rural in nature.
Chairman Wilmot opened the public hearing to citizen comments. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
No issues or areas of concern were raised by the Commission members.
Upon motion made by Commissioner Marston and seconded by Commissioner Dunlap,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the update and renewal of the South Timber Ridge Agricultural and Forestal
District consisting of 979.08+/- acres located in the Gainesboro Magisterial District.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
Frederick County Planning Commission Page 3221
Minutes of May 20, 2015
Draft Update of the 2015-2016 Frederick County Primary and Interstate Road Improvement Plans.
The Primary and Interstate Road Improvement Plans establish priorities for improvements to the
Primary and Interstate road networks within Frederick County.
The Virginia Department of Transportation (VDOT) and the Planning Commission of Frederick
County, in accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public
hearing. The purpose of this public hearing is to receive public comment on the proposed Six Year
Plan for Secondary Roads for Fiscal Year 2016.
Deputy Director -Transportation, John A. Bishop, began his presentation with the
Interstate Road Improvement Plan, which contains I-81, the only interstate in Frederick County. He
reported VDOT is moving forward with the Exit 310 project which should take about two years for
completion. Mr. Bishop noted to the Interstate Road Improvement Plan there have been minor changes to
the text as follows: Addition of the word evaluate to the discussion of collector distributor lanes in the
first paragraph of 1-81 improvements; In bullet B of 1-81 improvements "There is an urgent need to begin
increased study of this project" has been replaced with "Note: Relocation study is underway."
Regarding the Primary Road Improvement Plan, Mr. Bishop said there was a minor
change and Route 37 continues to be the top priority. Mr. Bishop explained the change being in bullets
313 and 3C for Route 11, "Merchant Street' has been replaced with "Cedar Hill Road" in accordance with
modeling done for the Route 11 North Area Plan.
Regarding the Secondary Road Improvement Plan, Mr. Bishop commented that although
it is much less dollars than the Interstate and Primary Plans, it receives the most attention. Mr. Bishop
noted that Frederick County and VDOT collaborate closely on the Secondary Road Improvement Plan.
Mr. Bishop explained the first eight items on the list of major road improvement projects remains the
same as the previous year. There have been three items added to the list that are revenue sharing projects:
Valley Mill Road, under design; Airport Road Extension, at a standstill; Snowden Bridge Boulevard,
ready for the bid process. Mr. Bishop noted a key element to the updated Secondary Road Improvement
Plan is throughout the document Hardsurface Road Improvement Projects have been renamed as Non-
Hardsurface Road Improvement Projects in an effort to make it clearer that dirt/gravel roads are being
addressed.
Chairman Wilmot opened the public hearing to citizen comments and the following
persons came forward to speak:
Ms. Priscilla Schultz of Double Church Road, Stephens City VA came forward to voice
her concerns on the speed limit and traffic hazards that are associated with Double Church Road. She
would like to recommend lowering the speed limit and possibly posting stop signs at the various
intersections.
Ms. Stephanie Shahan came forward again to also voice her concerns on the speeding
that takes place on Double Church Road. She also noted her concern with the relocation of Route 277
and the improvement plan. She would like to meet with Staff at some point to get clarification on exactly
where the relocation of Route 277 will fall.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Frederick County Planning Commission Page 3222
Minutes of May 20, 2015
Commissioner Kenney inquired how long do the projects stay in the pipeline. Mr.
Bishop responded it is a reflection of at what rate the funds come to the County and are available for use
and what type of funding packages are available. Mr. Bishop noted the focus for the State right now is on
House Bill 2 and House Bill 1887. He noted the backlog for funding is overwhelming.
Commissioner Mohn inquired how are the safety concerns that have been brought forth
addressed. Mr. Bishop explained VDOT is regularly looking at the traffic concerns on Double Church
Road. He noted a traffic study has been conducted; however, it does not always reflect these types of
hazards. Mr. Bishop also noted enforcement of these types of traffic concerns is a challenge all over the
County.
Upon motion made by Commissioner Unger and seconded by Commissioner Manuel,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of the 2015-2016 update to the Frederick County Interstate, Primary, and Secondary
Road Improvement Plans.
(Note: Commissioners Ambrogi, Thomas, Oates, and Crockett were absent from the meeting)
ACTION ITEM:
Rezoning #04-15 of Abram's Chase, submitted by Greenway Engineering, to revise proffers
associated with Rezoning #11-06, approved by the Board of Supervisors on January 10, 2007. This
revision changes the 13 residential units to age restricted residential units and adjusts the monetary
contribution to offset the impact of development accordingly. The properties are located on the
north side of Senseny Road (Route 657); approximately 400' west of the intersection of Channing
Drive and Senseny Road in the Red Bud Magisterial District, and are identified by Property
Identification Numbers 65 -A -27A and 65 -A -28A.
Action — Recommend Approval
Deputy Director, Michael T. Ruddy, reported this rezoning is to revise proffers associated
with Rezoning # 11-06 and the revision relates to the residential land use sections of the proffers. Mr.
Ruddy explained Proffer B, Residential Land Use, has been modified with this proffer amendment to add
the qualification that the residential dwelling units will be age -restricted. He noted as a result of this
change, the Applicant has also modified the Monetary Contribution to offset the Impact of Development
by eliminating the contribution to schools. Mr. Ruddy noted Proffer D now states that the Applicant will
pay $2835.00 for each residential lot platted to the Treasurer of Frederick County.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant welcomed any
question from the Planning Commission. There were no questions at this time.
Upon motion made by Commissioner Mohn and seconded by Commissioner Manuel,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of Rezoning #04-15 Abram's Chase, submitted by Greenway Engineering, to revise
proffers associated with Rezoning #11-06, approved by the Board of Supervisors on January 10, 2007.
Frederick County Planning Commission Page 3223
Minutes of May 20, 2015
This revision changes the 13 residential units to age restricted units and adjusts the monetary contribution
to offset the impact of development accordingly. The properties are located on the north side of Senseny
Road (Route 657), appy ox�matel,r 400' ;vest of the inter section of Channing Drive and Senseny Road in
the Red Bud Magisterial District, and are identified by Property Identification Numbers 65 -A -27A and
65 -A -28A.
INFORMATIONAL/DISCUSSION ITEM:
Farm Breweries and Distilleries — revision to the Zoning Ordinance to include farm breweries, and
farm distilleries as permitted uses in the RA (Rural Areas) District.
No Action Required
Senior Planner, Candice E. Perkins, reported this is an ordinance amendment to update
the farm winery text to include farm breweries and farm distilleries as permitted uses in the RA (Rural
Area) District pursuant to the Code of Virginia. She stated the ordinance amendment includes new and
revised definitions. Ms. Perkins noted the revisions are as follows:
• Addition of Farm Breweries and Distilleries
• Addition of on-site sales, tasting during regular business hours
• Kitchen and catering activities related to the business
• Removal of the site plan requirement and addition of an illustrative sketch plan
requirement
• Revision to the special events allowance to decrease the number of people
permitted onsite without a festival permit from 150 to 100 (which is consistent
with the County Code requirements for festival permits)
Ms. Perkins also noted the DRRC discussed this amendment at their April 2015 meeting
and sent the proposed changes to the Planning Commission for discussion.
Commissioner Unger commented this has been discussed to great length and it appears
ready this time.
Commissioner Manuel inquired the size farm needed for this type of operation. Ms.
Perkins noted the minimum is 10 acres.
Commissioner Kenney noted this appears ready and he is in favor of the idea.
Site Plan Revision Requirements — revisions to the Zoning Ordinance to update the site plan
requirements.
No Action Required
Frederick County Planning Commission Page 3224
Minutes of May 20, 2015
Senior Planner, Candice E. Perkins, reported this is a revision to Part 802 of the Zoning
Ordinance to update the text to include provisions for minor site plans as well as inclusion of a new
illustrative sketch plan. Ms. Perkins explained minor site plans have commonly been submitted and
approved; however the term and requirements for these plans has never been codified. She noted
illustrative sketch plans are also proposed for inclusion; these would be applicable to agricultural
businesses such as farm wineries, distilleries and breweries, as well as conditional use permits that may
not need an engineered site plan.
Ms. Perkins concluded the DRRC discussed this amendment at their April 2015 meeting
and with minor revisions forwarded it to the Planning Commission for discussion.
There were no comments from the Planning Commission at this time.
OTHER
Cancelation of the regular meeting on June 3, 2015
Chairman Wilmot announced there were no pending items for the Planning
Commission's June 3, 2015 meeting.
A motion was made by Commissioner Manuel to cancel the June 3, 2015 meeting of the
Planning Commission. This motion was seconded by Commissioner Mohn and unanimously passed.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Manuel to
adjourn the meeting. This motion was seconded by Commissioner Mohn and unanimously passed. The
meeting adjourned at 8:00 p.m.
Respectfully submitted,
dtf Wilmot, Chairman
R. Lawrence, Secretary
Frederick County Planning Commission Page 3225
Minutes of May 20, 2015