PC 10-01-14 Meeting MinutesMEETING MINUTES
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on October 1, 2014.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; J.
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Charles
E. Triplett, Gainesboro District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County
Attorney; Robert Hess, Board of Supervisors Liaison; Kevin McKannan, City of Winchester Liaison.
ABSENT: Christopher M. Mohn, Red Bud District, Kevin Kenney, Gainesboro District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director;
Candice E. Perkins, Senior Planner; and Shannon L. Conner, Administrative Assistant
CALL TO ORDER
Chairman Wilmot called the October 1, 2014 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 Molden, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
►f � I Q&IJUVOK
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes of their August 20, 2014 meeting and the
September 3, 2014 Application Staff Briefing minutes.
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COMMITTEE REPORTS
Comprehensive Plans & Programs Committee (CPPQ — 9/8/14 Mtg.
Commissioner Oates reported the CPPC held a discussion of the Southern Frederick Area
Plan, an amendment to the 2030 Comprehensive Plan.
City of Winchester Planning Commission — 9/16/14 Mtg.
Commissioner McKannan reported the Planning Commission for the City of Winchester
considered three items, first being a CUP for extended stay lodging at 132 N. Braddock Street. The
second item reported by Commissioner McKannan was a zoning request for 7.7 acres on Cedar Creek
Grade. This property was originally set for adult apartments but is now being slated for a nursing home
and extended care facility. Lastly, Commissioner McKannan reported the City of Winchester is seeking
preliminary subdivision approval of a subdivision right of way dedication for Meadow Branch Avenue
going all the way to the new John Kerr site.
Transportation Committee - 9/22/14 Mtg.
Commissioner Oates reported the following items from the transportation Committee
meeting: 1) a request from Winchester & Western for support of a new road crossing for a maintenance
shed in Gore. The committee voted in favor of the crossing; 2) Mr. Greg Sanders of VDOT discussed
signal lights, how they are programmed, and where they are trying to go in the future to have a camera at
every stoplight; 3) there were two revenue sharing applications and both were approved to move forward.
Board of Supervisors Report — 9/10/14 Mtg.
Board of Supervisors' Liaison, Supervisor Robert Hess, reported the Board held a public
hearing on the Comprehensive Plan Amendment to add the location of the fourth high school into the
SWSA. Following the public hearing the Board approved the amendment. The following three items the
Board agreed to move to public hearing; 1) Southern Frederick Area Plan; 2) revisions to the Frederick
County Zoning Ordinance to allow for a Zoning District buffer waiver; and 3) revisions to the Zoning
Ordinance to revise the outdoor storage screening requirements for outdoor storage areas.
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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
Southern Frederick Area Plan — This is a public hearing for the Southern Frederick Area Plan.
The Plan encompasses the area generally east of Interstate 81 to the Clarke County line and from
the Opequon Creek in the north to Lake Frederick in the south. The Plan contains four maps and
a narrative text that covers the following areas: Urban Areas and Residential Development,
Business Development, Transportation, and Natural Resources, Historic Resources, and Public
Facilities, and is an update to Appendix I of the 2030 Comprehensive Plan and the Eastern
Frederick County Long Range Land Use Plan, a component of the 2030 Comprehensive Plan. This
Plan represents the work of a large number of citizen volunteers who have been working over the
past several months in collaboration with each other.
Action — Recommended Approval
Deputy Planning Director, Michael T. Ruddy, presented an overview of the Southern
Frederick Area Plan. Mr. Ruddy reported that after a work session with the Planning Commission and
Board of Supervisors it was requested that more illustration and clarification be provided on a couple of
items. The first item was areas of change to the original 277 plan. Staff identified there were two main
areas that had changed. The first area of change is the Lakeside/Tasker Road area, and the second change
is the White Oak Road to the northern entrance of the Lake Frederick Area.
Mr. Ruddy clarified the changes for the proposed areas. The Lakeside/Tasker Road area
is primarily residential in land use and the adjustment includes commercial neighborhood village focal
points in areas such as Artrip, Bowman Library at Lakeside, Warrior Drive, and Tasker Road. The
second area of changed land use is at White Oak Road and the northern entrance to Lake Frederick in the
future. Mr. Ruddy commented that the structure of the area is basically the same but there is now a
different orientation of land uses in that area.
Mr. Ruddy commented on the public participation that has transpired through this project
with several meetings held at Robert E. Aylor Middle School, forming working groups, and public review
meetings.
Chairman Wilmot asked if the current mapping would be part of the appendix, Mr.
Ruddy clarified that the maps prepared for the presentation are for informational purposes only. The four
main maps would be part of the appendix. Chairman Wilmot commented that the text and mapping was
superb and requested that we keep these on hand for future use.
Chairman Wilmot opened the public hearing and called for anyone who wished to speak
regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the
public comment portion of the hearing.
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Upon motion made by Commissioner Thomas and seconded by Commissioner Molden,
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommended
approval of the Southern Frederick Area Plan.
(Note: Commissioners Kenny and Mohn were absent from the meeting)
An ordinance to amend the Frederick County Code, Chapter 165, Zoning Article H Supplementary
Use Regulations; Parking; Buffer; and Regulations for Specific Uses, Part 203 -Buffer and
Landscaping, §165-203.02 Buffer and Screening Requirements. Revisions to the Frederick County
Zoning Ordinance to allow for a Zoning District buffer waiver when the planned land use shown in the
Comprehensive Plan is compatible.
Action — Recommended Approval
Commissioner Oates said he would abstain from all discussion on this item due to a
possible conflict of interest.
Senior Planner, Candice E. Perkins, reported this is a request to revise a zoning ordinance
to include the zoning district buffer waiver that allows the Board of Supervisors to either modify or
eliminate a buffer if the adjoining land use to a commercially or industrially zoned property is designated
in the adopted Comprehensive Policy Plan for a use that would not require a buffer. The waiver as
drafted would require support from the adjoining property owner that would be impacted.
Chairman Wilmot opened the public hearing and called for anyone who wished to speak
regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the
public comment portion of the hearing.
Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning Article II
Supplementary Use Regulations; Parking; Buffer; and Regulations for Specific Uses, Part 203 -Buffer and
Landscaping, § 165-203.02 Buffer and Screening Requirements.
(Note: Commissioners Kenney and Mohn were absent from the meeting.)
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 201 -
Supplementary Use Regulations, §165-201.10 Outdoor storage and processing. Revisions to the
Frederick County Zoning Ordinance to revise the outdoor storage screening requirements for outdoor
storage areas.
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Action — Recommended Approval
Commissioner Oates said he would abstain from all discussion on this item due to a
possible conflict of interest.
Senior Planner, Candice E. Perkins reported this is a request to modify the zoning
ordinance regarding the screening requirements for outdoor storage areas. The current ordinance requires
that all outdoor storage areas be completely screened from the view of roads, streets, as well as
surrounding properties by a fence, wall, or a type of six foot screening. Mrs. Perkins commented that in
addition to the outdoor screening eliminations there are also a few minor changes such as the surface
materials for the lots as well as some landscaping exceptions.
Chairman Wilmot opened the public hearing and called for anyone who wished to speak
regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the
public comment portion of the hearing.
Upon Motion made by Commissioner Thomas and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article 11
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 201 -
Supplementary Use Regulations, § 165-201.10 Outdoor storage and processing.
(Note: Commissioners Kenney and Mohn were absent from the meeting.)
ACTION ITEM:
Rezoning #03-14 Governors Hill, submitted by Williams H. Gordon Associates, to request a minor
proffer revision associated with Rezoning #10-08. This revision related to the Transportation section of
the proffers. The property is located approximately one mile east of Interstate 81 on the south side of the
Millwood Pike (Route 50 East), across from Sulphur Springs Road (Route 655) and The Ravens
subdivision are identified by Property Identification Numbers 64-A-86 and 64-A-87 in the Shawnee
Magisterial District.
Action — Recommended Approval
Deputy Planning Director, Michael T. Ruddy, presented an overview of the applicant's
request of a minor proffer revision. He noted that the proposed proffer revision specifically changes the
amount of office space that may be developed on the property utilizing access to the existing completed
portion of Coverstone Drive. The applicant is seeking to increase the office space that may use existing
Coverstone Drive from 200,000 square feet to 300,000 square feet. This revision may delay the triggered
improvement of Phase I of Coverstone Drive from Route 50 onto the property. Mr. Ruddy reiterated that
the revision applied only to parcels 64-A-86 and 64-A-87.
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Chairman Wilmot asked for comments or questions from the Planning Commission or the
applicant concerning this revision. There were no questions or comments.
Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi,
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the Rezoning #03-14 Governors Hill, submitted by Williams H. Gordon Associates, to
request a minor proffer revision associated with Rezoning #10-08. This revision related to the
Transportation section of the proffers. The property is located approximately one mile east of Interstate
81 on the south side of the Millwood Pike (Route 50 East), across from Sulphur Springs Road (Route
655) and The Ravens subdivision are identified by Property Identification Numbers 64-A-86 and 64-A-87
in the Shawnee Magisterial District.
(Note: Commissioners Kenney and Mohn were absent from the meeting.)
INFORMATION/DISCUSSION ITEMS:
Black Diamond Site Plan Requirements
No Action Required
Commissioner Oates said he would abstain from all discussion on this item due to a
possible conflict of interest.
Senior Planner, Candice E. Perkins reported this site plan is being presented due to its
implications on the planned path for Route 37. The site is located in the Stonewall Industrial Park in the
Stonewall Magisterial District. The plans for Stonewall Industrial Park do not accommodate the Route 37
right of way. The property is located on McGhee Road and contains structures that are within the path of
Route 37. Mrs. Perkins stated that in an effort to keep the Planning Commission and Board of
Supervisors apprised of the Route 37 right of way, site plans and subdivisions that impact the right of way
are presented to each for their review.
Commissioner Unger asked what the solution is if this gets approved, and since it is in
the path of Route 37, he stated what happens then. Mrs. Perkins commented that the ordinance cannot
require the land owner to dedicate the right of way and the land owner has every right to use the land.
She also stated there are not any adopted plans for the right of way for the actual design of the property.
Mrs. Perkins mentioned that if Frederick County goes forward with constructing Route 37 and they
choose to keep the existing alignment, the property would have to be purchased.
Commissioner Dunlap commented that if this site plan and site plans in the future are
approved and Route 37 continues in the current alignment, Frederick County could be on the hook to
purchase the property which would be improved and cost the taxpayer more. Commissioner Dunlap
expressed concern that the Planning Commission's hands are tied because the construction of Route 37 is
not set in stone.
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Mrs. Perkins commented that no action is required on this item and that site plans are an
administrative function, once they meet the other county agencies approvals, staff must precede with the
approval process.
Commissioner Crockett commented he feels the need for Route 37 like many others and
it has been in discussion for a very long time. He stated that his heart goes out to the land owner and that
it isn't fair to have the land owner carry the burden of reserving this property if Route 37 is not even
approved at this point.
Commissioner Thomas commented that Route 37 is not an approved project in anyone's
budget right now. He stated that unless the county is willing to buy land and reserve it, then it is not
reasonable to expect the owner of the property to not proceed with his land rights and build what he is
permitted to build.
OTHER
Cancelation of the Regular Meeting on October 15, 2014
Chairman Wilmot announced there were no pending items for the Planning
Commission's October 15, 2014 meeting.
A motion was made by Commissioner Oates to cancel the October 15, 2014 meeting of
the Planning Commission. This motion was seconded by Commissioner Triplett and unanimously
passed.
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 Molden and unanimously passed. The
meeting adjourned at 7:45 p.m.
Respectfully submitted,
Chairman
Eric R. Lawrence, Secretary
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