PC 08-18-10 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
August 18, 2010
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting................................................................ (no tab)
2) Committee Reports........................................................................ ... (no tab)
3) Citizen Comments.................................................................................................... (no tab)
PUBLIC MEE'T'ING
4) Waiver Request — Route 50 Assisted Living (HIT Hunt) to allow for an alternative buffer
design for the road efficiency buffer for the Route 50 Assisted Living property known as
Spring Arbor.
Mrs. Perkins..................................................................................................................... (A)
COMMISSION DISCUSSION
5) Ordinance Amendment — Chapter 165 Zoning, Article IV Agricultural and
Residential Districts, Part 401 RA Rural Areas District, 165-401.03 Conditional
Uses; Article VI Business and Industrial Zoning Districts, Part 603 B2 Business
General District, 165-603.02 Allowed Uses; Article II Supplementary Use
Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204
Additional Regulations for Specific Uses, 165-204.25 Flea Markets; and Article I
General Provisions, Amendments and Conditional Use Permits, Part 101 General
Provisions, 165-101.02 Definitions and Word Usage - Revisions to the Frederick
County Ordinance to allow flea markets in the 132 and RA Districts.
Mrs. Perkins..................................................................................................................... (B)
6) Ordinance Amendment — Chapter 165 Zoning, Article I General Provisions,
Amendments and Conditional Use Permits, Part 101 General Provisions, 165-101.02
Definitions and Word Usage; and 165-201.06 Signs — Revisions to the Frederick
County Ordinance in relation to clarification as it pertains to off -premise directional
signage.
Mrs. Perkins..................................................................................................................... (C)
7) Other
FILE COPY
_0UNTY of FREDE_14U K
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
a
To: Frederick County Planning Commission
From: Candice E. Perkins, AICP Senior Planner
Subject: Public Meeting — Route 50 Assisted Living — Road Efficiency Buffer Waiver
Request
Date: August 2, 2010
Staff has received a waiver request from GeoForestry, Inc., and Bowman Consulting to allow for an
alternative buffer design for the road efficiency buffer for the Route 50 Assisted Living property
(Spring Arbor). The property is located on Northwestern Pike (Route 50W) and Ward Avenue (Route
1317) in the Back Creek Magisterial District. The site is zoned B2 (Business General) and was
rezoned in 2008.
Properties zoned B2 typically are not required to provide road efficiency buffers, however § 165-204.01
—Adult care residences, assisted living care facilities and convalescent or nursing homes, requires that
these facilities, when located in the B2 District, provide road efficiency buffers as specified in § 165-
203.02E. The Zoning Ordinance requires that the site provide a 100 foot distance (50 feet active/50
feet inactive) and a double row of evergreen trees. In addition to the Zoning Ordinance requirement,
when the Route 50 Assisted Living property was rezoned, an "enhanced" road efficiency buffer was
proffered (enhanced with eight canopy trees, two ornamental shrubs, and 24 shrubs).
In accordance with Section 165-203.02E (3), the Planning Commission may allow for alternative
designs which meet the intent of the section in the event of topography or sight distance constraints.
The assisted living building is located over 200 feet from Route 50W and is approximately 15 feet
above grade from Route 50W. Therefore, the applicant is requesting an alternative landscaping plan
for the Road Efficiency Buffer. The proposed landscaping would consist of 11 canopy trees, two
ornamental trees and 24 shrubs that are grouped together. The applicant has provided a copy of the
revised site plan (landscaping sheet) and details of what the requested buffer modification would look
like.
This is a Planning Commission waiver and, therefore, a decision on the appropriateness of this waiver
request is needed.
Please contact our department if you need additional information.
Attachments
CEP/bad
107 North Kent Street, Suite 202 ® Winchester, Virginia 22691-5009
GeoForestry,Inc.
Forestry, Arboriculture, and Natural Resource Consulting
Via Email and First Class Mail
Eric R. Lawrence
Planning Director
Frederick County
107 North Kent Street
Winchester, VA 22601
4031 University Drive, suite 200
Fairfax, VA 22030
www.GeoForestry.com
office: 703-251-0402
fax: 703-251-0413
July 26, 2010
Re: Request for Planning Commission Approval of Alternative Landscape Design
Dear Eric:
We appreciate your meeting with us the other day regarding the Roadside
Efficiency Buffer. I thought that our meeting was insightful and beneficial in
understanding the code requirements and provisions. On behalf of our client, HHHunt
Corporation, we request that the Frederick County Planning Commission approve an
alternative landscape design for the Route 50 Assisted Living Facility/Spring Arbor site
located in the Back Creek Magisterial District. Citing Zoning Ordinance Sec 165-
203.02.E(3). "The Planning Commission may allow for alternative designs which meet
the intent of the section in the event of topography or sight distance constraints." We
request that an alternative design be approved in lieu of the required planting of a
double row of evergreens for the Road Efficiency Buffer.
The site is located along Route 50 near the entrance to the western side of the City of
Winchester. The B-2 business district has a mix of retail, banks and hotels in this area.
Stoplights, traffic controls and connecting walking paths are now in place, signaling a
transition from the more rural divided highway character of the roadway further west.
The building on the subject site is set back approximately 220-250 feet from the roadway.
The closest parking is located 130 feet from the roadway. The 27.5 foot tall building is
sited approximately 15 feet above the roadway with a stepped tiered landscape including
walkway, berm, storm water pond and parking lot landscaping extending between the
building to the roadway edge. The combination of the topography, landscaping and total
distance will soften the impact of the building to the road and adjacent parcels.
A review of the landscape buffers installed on the adjacent developed parcels in this B-2
District reveals aesthetically pleasing landscapes planted with a mixture of planting
materials that provides visual interest in both texture and height. The subject site will
have a walking path within the Road Efficiency Buffer connecting to the walkways of the
adjacent parcels as well. We propose to landscape the area with the proffered planting
material, which consists of a mixture of canopy trees, small to midsize trees and shrubs
similar to the plantings found in the surrounding developed parcels.
4031 University Drive, Suite 200
GeoForestr I n Fairfax, VA 22030
Y� � • www.GeoForestry.com
Forestry, Arboriculture, and Natural Resource Consulting office: 703-251-0402
Ug fax: 703-251-0413
Planting all of the required material within the narrow swath along the roadway would
create a densely packed planting that would inhibit the growth and long term viability of
the planting material. The required single row of evergreens "to grow to a minimum of
20ft tall" would effectively create a solid green wall that would not be aesthetically
pleasing or in keeping with the landscaping installed on the surrounding developed
parcels. The placement of large evergreens would also be inappropriate for this site as
they could pose the risk of interference with the existing overhead electric primaries.
The proffered shrub plantings and a few small ornamental trees appropriate for placement
beneath the existing overhead utility lines are proposed to be relocated and interspersed
along the path in a similar fashion to the surrounding parcels. Relocating the shrub and
small ornamental trees to the area around the walking path is intended to alleviate the
stress caused by dense planting. The plantings would also create a perceived buffer from
the street and result in a safer more welcoming environment for pedestrians.
The intent of this alternative landscape design is to provide for an effective and
aesthetically pleasing landscape buffer within this B-2 Zoning District. While an
unbroken wall of evergreens may be appropriate for a site located along a divided limited
access highway such as Interstate 81 or Route 37, this particular site is in an area where
businesses and pedestrians are to be considered. As the County's Business District, it is
appropriate to provide for landscaping that is in conformance with the types of uses and
end users contemplated by the B-2 district regulations.
The submitted plan also depicts a reduced number of trees along the rear portion of the
property in Enhanced Category `B" Buffer. The large berm that is located along the rear
property line provides a more than sufficient screen between the adjacent properties.
The plan as presented includes many specimen trees that have been upsized from what is
typically required. Many eight to ten foot screening evergreens and five inch caliper
shade trees are to be planted on site.
Thank you for your consideration of request, and please inform us when this matter is
scheduled for a Planning Commission meeting.
Sincerely yours,
Geoforestry, Inc
Samuel W. Doan
A
Plan View
Route 50 - VIBL Median Route 50 - EBL
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1 5 15 10
Bowman
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+50
R/W 100' Road Efficiency Buffer
501nactwe 50'Acti- Parking Lot Assisted Living
Open Space Facility
SWM
Facility
100 +50 200 +50 300
Road Bu, r Exhibh-
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COUNTY of 'FREDERICK
Department of Planning and Development
M J JORA-N U 540/665-5651
FAX: 540/665-6395
To: Frederick County Planning Commission
Candice E. Perkins, AICP, Senior Planner
Subject: Discussion — Flea Markets
Date: August 2, 2010
Staff has been requested to draft an amendment to the Zoning Ordinance to address the
allowance of flea markets. Currently, flea markets are only permitted in the B2 (Business
General) District under SIC 5932 — Used Merchandise Sales. Staff has prepared a draft
amendment to the Zoning Ordinance to only allow indoor flea markets as a permitted use in the
B2 (Business General) District and indoor/outdoor flea markets as a conditional use in the RA
(Rural Areas) District. Supplementary use regulations have also been drafted that would
correspond with the conditional use in the RA District. The supplemental use regulations
address the following: parcel size, access, parking and surface material, allowable days of
operation, buffers and fencing, and a site plan requirement. A definition for flea markets has
also been drafted.
The item was presented to the Development Review and Regulations Committee (DRRC) at
their meeting on July 22, 2010. The DRRC had an extensive discussion on the proposed use and
recommended the following: parcel size of 6-15 acres, revised surface material requirements
(gravel unless paving is required by the Board of Supervisors), recommended removal of
proposed seasonal operation requirement, and a requirement for site fencing to separate the use
from adjacent properties. With those changes, the DRRC recommended that the ordinance
amendment be forwarded to the Planning Commission for discussion.
The attached document shows the proposed additions supported by the DRRC. This item is
presented for discussion. Comments and suggestions from the Planning Commission will be
forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions.
WWI,1...1
107 Noah Nent Street, Suite 202 • Winchester, Virginia 22601-5000
ATTACHMENT 1
DRRC Reviewed 7/22/10
Proposed Amendment — Flea Markets
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.03. Conditional uses.
LL. Flea Markets, Operated indoors or Outdoors.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 603 — B2 Business General District.
§ 165-603.02. Allowed Uses.
Miscellaneous retail, except for the following:
Flea markets, Operated outdoors
Standard Industrial
Classification
59
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 — Additional Regulations for Specific Uses
§ 165-204.25. Flea Markets.
Flea Markets where allowed in the RA (Rural Areas) Zoning District shall meet the following
requirements.
1. Property size shall be a minimum of six (6) acres not to exceed fifteen (15) acres
2. The site must have direct frontage and access to a collector or arterial roadway, All entrances
shall conform to VDOT standards.
3. Flea markets may be located indoor or outdoor.
4. Flea markets shall only be permitted to operate Friday -Sunday and on holidays
5. Required onsite parking shall be one (1) space per 400 square feet of enclosed floor area and
one (1) space per 3,000 square feet of outdoor display area.
6. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require
through the Conditional Use Permit process that all travel aisles and parking spaces be paved
with a minimum double prime and seal or alternative dust free surface
7. All items displayed for sale shall be located within designated vendor spaces
8. A minimum Category B Zoning District Buffer shall be required along any adjacent residential
properties. When adjacent to property primarily used for agricultural purposes fencing shall
be provided along the property line.
ATTACHMENT 1
DRRC Reviewed 7/22/10
Proposed Amendment — Flea Markets
9. The property owner and/or flea market operator shall be required to obtain a business license
to operate a flea market. All sellers/vendors shall also be required to obtain a business license
from the Commissioner of the Revenue if such a license is ordinarily required by the
Commissioner of the Revenue for the particular seller's/vendor's activity. The property owner
and/or flea market operator shall be responsible for ensuring that vendors obtain all required
permits.
10. A_ site plan in accordance with the requirements of Article V111 shall be submitted to and
approved by Frederick County. The site plan shall delineate all vendor spaces and parkinq
Spaces.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101— General Provisions
§ 165-101.02. Definitions and word usage.
FLEA MARKET: An occasional or periodic sales activity held within a building, structure, or outdoor where
groups of individual sellers offer goods for sale to the public, not to include private garage sales. Such sellers
may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used
items to include but are not limited to, household items, antiques, rare items, decorations, used books, used
magazines, jewelry, clothing, and/or a variety of merchandise and may also include the sale of fruits,
vegetables and other eatable items. The sale of vehicles, heavy equipment, boats, watercraft, agricultural
machinery, or the like shall be prohibited. The individual sellers at the flea market need not be the same
each time the market is in operation. The property owner and/or flea market operator shall be required to
obtain a business license to operate a flea market. Sellers shall be required to obtain a business license from
the Commissioner of the Revenue, if such a license is ordinarily required by the Commissioner of the Revenue
for the particular seller's/vendor's activity.
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COUNTY of FREDERICK
5epartment sof Planning and Development
M]WORANV 540/665-5651
FAX: 540/665-6395
To: Frederick County Planning Commission
A%
From: Candice E. Perkins, AICP, Senior Planner
Subject: Discussion — Directional Signs
Date: August 2, 2010
Staff has recently been informed that the sign ordinance contained within the Zoning Ordinance
requires clarification as it pertains to off -premise directional signage. The sign ordinance revision
adopted in 2007 limited off -premise signs to business signs and multi -tenant complex signs, but does
not specifically address directional signage.
Off -premise directional signage has been permitted with a Conditional Use Permit in most Zoning
Districts since 1973. The Zoning Ordinance in effect from 1973-1989 allowed all types of signs to
be allowed as "off -premise signs" with a CUP. The language contained in the Zoning Ordinances in
effect from 1990 through the present call out "off -premise business signs" being allowed with a
CUP. The current wording of the Zoning Ordinance can be misleading because directional signs and
business signs are two different types of signs. However, both off -premise signs and business signs
are defined as signs "which directs attention to" and, therefore, would also be considered directional
signs.
An important facet of the off -premise sign CUP is that the Board of Supervisors may decide if a
proposed off -premise sign is appropriate based on its location, size, and purpose. The Board has the
ability to add additional conditions to the sign reflective of its surroundings. Some properties may be
excellent candidates for off -premise signs, and others may not; the CUP offers the Board the ability
to make that decision on a site specific basis. While off -premise directional signage is currently
allowed in Frederick County with an approved Conditional Use Permit, to eliminate any future
confusion, staff is proposing amendments to the sign ordinance to revise the "off -premise business
signs" provisions as well as the definition of directional signage.
The item was presented to the Development Review and Regulations Committee (DRRC) at their
meeting on July 22, 2010. The DRRC endorsed the changes and recommended it be sent to the
Planning Commission for discussion. The attached document shows the existing ordinance with the
proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for
text added). This item is presented for discussion. Comments and suggestions from the Planning
Commission will be forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-50061
ATTACHMENT 1
Directional Signage
DRRC Reviewed 7/22/2010
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101— General Provisions
§ 165-101.02. Definitions and word usage.
SIGN- Any object, device, display or structure or part thereof, situated outdoors or indoors, which is
used to advertise, identify, display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any means, including words, letters,
figures, design, symbols, fixtures, colors, illumination or projected images.
G. SIGN, DIRECTIONAL— A sign that is designed or erected for the purpose of providing direction and/or
orientation, for pedestrian or vehicular traffic. Directional signs shall have lines and arrows indicating
the direction to which attention is being called and shall only indicate the name of the use or business
erecting the sign.
§ 165-201.06 Signs.
This section is established to regulate the erection, number, area, height, location, type and
maintenance of signs to promote the health, safety and general welfare of the public and the orderly
development of the County by protecting property values, and providing adequate signage for
businesses and motorists; protecting and enhancing the image, appearance and economic vitality of the
County, and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently
listed in §§ 165-201.06 and 165-101.02 of the Frederick County Zoning Ordinance shall be prohibited.
D. Off -premises signs. In all zoning districts only multi -tenant complex signs, business signs, directional
signs and residential subdivision signs shall be allowed off -premises. No other type of off -premises
signs shall be allowed. Off -premises signs shall be freestanding monument signs. Such signs shall be
allowed only if a conditional use permit for that sign has been granted. Conditions which may be
placed on off -premises signs may include, but not be limited to, the following:
(1) Appropriate separation shall be provided between the off -premises —sign and
surrounding residences and other uses. The Board of Supervisors may require that such signs
not be visible from surrounding residences.
(2) Off -premises signs shall be limited to a size, scale and height that does not detract from
surrounding properties and uses, and in no case shall exceed the size and height regulations set
forth in § 165-201.06 for freestanding signs.
(3) Off -premises signs shall be properly separated from each other to avoid clutter along road
corridors, and in no case shall be less than the regulations set forth in § 165-201.06F.
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