PC 02-06-08 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
February 6, 2008
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should
adoptthe Agenda for the meeting............................................................................ (no tab)
2) December 5, 2007 Minutes.............................................................................................. (A)
3) Committee Reports.................................................................................................. (no tab)
4) Citizen Comments.................................................................................................... (no tab)
PUBLIC MEETING
5) Waiver Request of Nina G. Smoke, submitted by Marsh & Legge Land Surveyors, of
Frederick County Subdivision of Land, Chapter 144, Article V Design Standards, Section 31
Rural Subdivisions, (C) (3), Minor rural subdivisions, to enable family division of a parcel of
land on a right-of-way less than 50 feet. The property is located on the western side of
Diamondback Lane, approximately 0.4 miles north of the intersection of Diamondback Lane
and Back Mountain Road (Route 600), in the Back Creek Magisterial District, and is
identified by Property Identification Numbers 58-10-A3.
Mr. Cheran....................................................................................................................... (B)
COMMISISON DISCUSSION
6) Overview of Recently Enabled NOVA Proffer System
Mr. Lawrence................................................................................................................... (C)
7) Other
FILE COPY
MEETING 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 December 5, 2007.
PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/Opequon
District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn,
Red Bud District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall
District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District ; H. Paige Manuel, Member -At -
Large; Philip A. Lemieux, Board of Supervisors Liaison, and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Mark R.
Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director -Transportation; Candice E.
Perkins, Senior Planner; and Renee' S. Arlotta, Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot called for a
moment of silence in remembrance of Mr. Charles "Chuck" Maddox, who was before the Planning Commission
representing so many clients over many years.
Upon motion made by Conunissioner Oates and seconded by Commissioner Thomas, the
Plantung Commission unanimously adopted the agenda for the December 5, 2007 meeting.
MEETING MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the minutes
of October 3, 2007 and October 17, 2007 were unanimously approved as presented.
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COMMITTEE REPORTS
Route 277 Triangle Study Group
Conunissioner Oates reported that the Route 277 Triangle Study Group met to organize for the
public meetings to be held at Sherando High School. The public meetings have since been postponed until either
January or February.
NAICS Study Group
Chairman Wilmot reported that the NAICS Group is working on the conversion from SIC Code
to NAICS, which concerns the classification of businesses, and is almost through the B3 (Industrial Transition)
Zoning District.
Comprehensive Plans & Programs Subcommittee (CPPS)
Chairman Wilmot reported that the CPPS is establishing a group that will be reviewing the
enviromnental component of the Comprehensive Policy Plan, which is in dire need of revision. She said a core
group has been established and is identifying direction for the group.
Conservation Easement Authority (CEA) —12/04/07 Mtg.
Conunissioner Light reported that the CEA conducted an informal informational public meeting
on December 4, 2007 and approximately 15 citizens attended.
Historic Resources Advisory Board (HRAB) —11/13/07 Mtg.
Commissioner Oates reported that the HRAB held a special meeting to discuss the Route 277
Triangle Study. He said the HRAB identified and ranked the historical features in that area to be identified in the
Comprehensive Policy Plan.
Winchester Planning Commission — 11/20/07 Mtg.
Chairman Wilmot read Commissioner Kriz's report from the Winchester Planning
Commission's November 20 meeting. Five items were reported: 1) a site plan was approved for a parking lot on
South Braddock Street in the Historic Overlay District; 2) an auto body center for Jim Stutzman Chevrolet at
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2725 Valley Avenue was recommended to replace the current use; 3) a conditional use permit was recommended
for live entertainment at Good Fellows, located at 821 North Loudoun Street; 4) a change in the ordinance to
remove a zoning proffer for the Kurtz Building at 2 North Cameron Street was recommended; and, 5) a change in
the ordinance to rezone a parcel at 126 North Cameron Street was recommended and will allow an exchange of
property between the City of Winchester and the George Washington Hotel, immediately north of the building, so
that a parking deck can be constructed by the City.
CITIZEN COMMENTS
Chairman Wilmot called for citizen continents on any item that was not on this evening's agenda.
No one came forward to speak.
PUBLIC HEARING
Conditional Use Permit #06-07 of Mundy Sand, LLC, submitted by Benjamin M. Butler, Esquire, for a
sand mine operation near Brill Road (Rt. 603) and Gravel Springs, along the eastern foot of Paddy
Mountain. The property is identified with P.I.N. 69-A-7 in the Back Creek Magisterial District. .
Action — Recommended Approval with Conditions
Zoning and Subdivision Administrator, Mark R. Cheran, reported that the property is zoned RA
(Rural Areas) and the land use is currently a sand mining operation. Mr. Cheran reported that the property is
subject to Conditional Use Permit (CUP) 4005-88, which was approved by the Frederick County Board of
Supervisors on May 10, 1989. He said all of the mining operations are being conducted on 17 acres of a 174 -acre
parcel, approximately 300 feet or more from adjoining properties. Mr. Cheran said the applicant is requesting to
amend CUP 4005-88 by deleting the following conditions: 1) This is a five-year pernnit to be reviewed annually
by the staff, the Planning Commission, and the Board of Supervisors. 2) If the use, occupancy, or ownership of
the property changes, this conditional use permit shall expire and a new conditional use permit will be required.
Mr. Cheran said these two conditions were standard for CUPS in 1988; however, the staff no longer places those
two conditions on current CUPs.
Mr. Cheran stated that the Planning Coimnission considered this request at their meeting of
October 17, 2007. He said the Commission tabled the CUP for 45 days to allow the applicant the opportunity to
address the concerns raised by the neighborhood residents and the Planning Cominission, Mr. Cheran reported
that the Planning Staff, the applicant, and representatives of VDOT met with the neighborhood residents on
November 5, 2007. He noted that VDOT's comments on this application have been favorable, stating that the
use would have little measurable impact on Brill Road (Route 603). Furthermore, VDOT had no concerns at this
time with truck traffic associated with this use, using Brill Road, Pifer Road, or Star Tannery Road.
Mr. Cheran said the Planning Staff met with the applicant on November 13, 2007 and the
applicant agreed to an additional condition to be placed on the CUP to state: Condition #10) Mine -owned -and -
operated trucks will only enter this site via Wardensville Pike (Route 55) to Pifer Road (Route 600) to Brill Road
(Route 603). Mine -owned -and -operated trucks will exit this site via Brill Road (Route 603) to Pifer Road (Route
600) to Wardensville Pike (Route 55).
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Mr. Cheran pointed out that the currently -active CUP for this sand mine operation is not in
violation of any of the conditions placed on the CUP. He said it would be inappropriate to deny the CUP at this
time. In conclusion, Mr. Cheran read a list of amended conditions, should the Planning Commission find the CUP
to be appropriate.
Referring to Condition # 10, Commissioner Morris asked if the intent is for only mine -owned -
and -operated trucks to visit the site or if the intent is to exempt non -mine -owned from Condition # 10. Mr.
Cheran responded that Mundy Sand can only control the operation of its own trucks; other trucks not mine -
owned -and -operated will be able to visit the site.
Mr. Benjamin M. Butler, with McKee & Butler, P.L.C., was present to represent Mundy Sand,
LLC. Mr. Butler said the primary issue of the neighborhood residents raised on November 13 involved truck
traffic. Mr. Butler said that Mundy Sand hired a statistician from James Madison University to determine how
many trucks and vehicles passed along Brill Road at any given time_ He said this location is in the far -reaches of
Frederick County and the traffic count on Brill Road is 13 vehicles per day in a nine -hour period. He said one of
the concerns raised by residents was that trucks could not pass each other along Brill Road. Mr. Butler presented
photographs of Mundy Sand trucks passing each other along Brill Road. He said another concern raised was that
bridges in the area could not handle the heavy loads. Mr. Butler said that Mr. Copp of VDOT explained that all
of the bridges are adequate to support any of their trucks. Mr. Butler next provided the Commission with a copy
the results of the statistician's study, which determined one chance in a week that a school bus and a truck may
pass. In order to address the residents' concerns about school bus safety, Mr. Butler said that Mundy Sand is
willing to coordinate with the School Board and will hold all trucks leaving the property for 15 minutes, both in
the morning and in the evening, to avoid encounters with school buses. Addressing concerns about water run-off,
Mr. Butler said Mundy Sand is complying with the requirements of the Department of Environmental Quality
(DEQ). In conclusion, Mr. Butler explained that the operation will remain open 12 months of the year.
Commission members expressed interest for the inclusion of a statement regarding coordination
of truck departure times to avoid school buses as Condition #11. Commissioners also wanted to expand
Condition # 10, regarding the exit -entrance routes for trucks, to include a requirement for a sign to be posted at the
entrance so that private truck drivers are aware of the preferred route. In addition, Commission members
preferred to include the hours of operation under Condition 46, rather than simply stating, "daylight hours of
operation."
Mr. David Harris, President of Mundy Sand, LLC, answered technical questions for the
Commission and he explained some of the terminology used in the conditions of the previous CUP. He said the
normal hours of operation are from 7:00 a.m. until 4:00 p.m.; however, he would prefer to the hours of 6:00 a.m.
unt116:00 p.m. Mr. Harris said the crusher is portable, which allows it to be moved to other operations. He said
the 50 -foot distance from Gravel Springs Run, under Condition 45, is a Division of Mineral Mining (DMM)
guideline. Mr. Harris stated that water discharge, either industrial or processed, is governed by the DEQ. The
Planning Commission spoke with Mr. Harris about the number of trucks expected, both from Mundy Sand and
private truck drivers. They also discussed who would be responsible for repair of the road, if damage is caused by
the trucks.
Mr. Lloyd Ingram, with VDOT, came forward at the Commission's request to answer questions.
Mr. Ingram said it was his understanding that any repairs necessary due to damage caused by mine -owned trucks
would be in cooperation with VDOT and the applicant. Mr. Ingram said VDOT and Mundy Sand have agreed to
meet yearly to discuss road improvements.
Chairman Wilmot announced that the Planning Commission has received communication from
the owners of Gravel Springs Farm, Bob and Josie Engle, Melissa Salyrs, Laurel Monk, and Susan Tenenbaum,
regarding this CUP. A motion was made by Commissioner Unger, seconded by Commissioner Light, and
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unanimously passed to include the correspondence as part of the official record.
Chairman Wilmot next called for public continents and the following persons came forward to
speak:
Mr. Bob Engle, a resident at 501 Brill Road, said the mining operation is above him on the
hillside, -he said the noise and activity will echo throughout the valley. Mr. Engle said there are no positives for
the people in Star Tannery with this operation. He was concerned about devaluation of property values. He said
the peace and tranquility of Star Tannery will be destroyed. He said the quality of life for the residents will be
affected for the next ten -to -twenty years. Mr. Engle was concerned about the truck traffic and he believed there
will be additional risk involving vehicles and commercial trucks. He said there was nothing in the CUP which
limits the number of trucks going into and out of the site and he asked the Commission to place strict controls on
the CUP. He said this will be a commercial retail operation along with the mining operation and he believed a
separate CUP was needed for the commercial aspect to address the public, traffic, and any other activities.
Ms. Melissa Salyrs, a resident at 451 Brill Road, presented photographs taken along Pifer Road
all the way to Route 55 and she pointed out several photographs showing passing vehicles with their wheels in the
ditches. Ms. Salyrs was concerned about school buses and commercial trucks passing safely; she was also
concerned about dust because of her asthmatic children. Ms. Salyrs said there has not been mining at this location
for the three years. She said if the CUP is approved, conditions need to be added now instead of trying to add
them later, after the mine is in operation.
Mr. Tony Plaugher, a resident at 409 Brill Road, said he is employed as a commercial truck
driver and travels Brill Road frequently in his connnercial vehicle. He said from the tum off Pifer Road onto Brill
Road, in front of the church, his truck takes the whole road and there is no room for another vehicle to pass. Mr.
Plaugher said the width limit for commercial trucks is 102 inches, which is over eight feet wide. He said Pifer
Road has a steep grade from Wardensville all the way up the hill; he was concerned about driving conditions in
inclement weather. Mr. Plaugher had safety concerns; he said there were many issues regarding commercial
vehicles on these roads that should be considered.
No one else carne forward to speak and Chairman Wilmot closed the public comment portion of
the hearing.
Chairman Wilmot pointed out that the 1989 CUP of Mundy Sand, LLC is valid for the operation
of a sand mine today, as well as into the future. Mr_ Cheran said the only difference between the 1989 CUP and
this newly requested CUP, is the elimination of the first two conditions.
Commissioner Thomas continented that Conditions #2, #3, #5, and 48 are covered by eitherthe
DMM Standards, by performance standards in the EM (Extractive Manufacturing) District, or by DEQ standards.
He suggested these items be removed from the conditions, since they are already regulated.
Commissioner Unger asked the applicant's representative to address the hours of operation. Mr.
Harris said the hours of 7:00 a.m. to 4:00 p.m. would be suitable.
Continissioner Light was concerned about multiple trucks traveling on a single -lane, gravel road.
He asked the applicant if they would be agreeable to a condition that would place a maximum on the number of
trucks per day and if the operation exceeds the truck count, the applicant would have to return to the Commission
to revise the CUP. Mr. Butler did not think there was a way to monitor the situation. Commissioner Light said he
didn't view this as a huge operation and it tended to be seasonal; however, he didn't think a small operation with a
portable crusher could offset the cost of improving the road. In addition, Commissioner Light believed there
should be some control and limitations set to take care of the surrounding residents.
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At this point, Chairman Wilmot reviewed the proposed conditions with the Commission
members, as follows: 44—remains the saine; #6—Hours of operation will be 7:00 a.m. until 4:00 p.m. No Sunday
operations; 42, #5, and 98—revised to simply state that all mining operations shall meet all requirements of the
Virginia Department of Mines, Minerals, & Energy, Division of Mineral Mining, and the Department of
Environmental Quality; and with two additional conditions, Condition # 10, specific routes for mine -owned -and -
operated trucks entering and exiting the site, and Condition 411, which limits truck departures and arrivals to
avoid regular school bus travel times.
Commissioner Mohn commented that considerable change has taken place in the rural areas
since 1989 and he understood the need to access the rural resources, but he thought a balance needed to occur in
terms of the potential value of the resource versus the unpact to the residents of the area. Commissioner Mohn
commented that none of the proposed conditions exercised any control over the operation. He suggested the
possibility of limiting the operation solely as a muting operation and not a coininercial, retail use, in order to
control truck trips.
A member of the Commission conunented he would prefer the property be rezoned instead of
using a CUP to mine the property, especially if the intensity of the use increases. Connnission members
recognized the applicant's efforts in coordinating truck departures to avoid school bus travel times; however, they
expressed concerns for the local residents and for the condition of the road.
Conunissioner Unger moved to recommend approval of CUP 406-07 of Mundy Sand, L.L.C.
with the conditions as modified by the Planning Conurnission. This motion was seconded by Conunissioner
Thomas and unanimously passed.
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 406-07 of Mundy Sand, LLC, submitted by Benjamin M. Butler, Esquire,
for a sand mine operation near Brill Road (Rt. 603) and Gravel Springs, along the eastern foot of Paddy
Mountain, with the following conditions:
All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied
with at all times.
2. The mining operation shall meet all requirements of the Virginia Department of Mines, Minerals, &
Energy, Division of Mineral Mining, and the Department of Environmental Quality.
3. The mining operation shall meet the landscaping and screening performance standards, the
supplementary regulations, the height, area, and bulk regulations, and the site plan requirements
contained in the EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance.
4. Mining shall be limited to the 17.191 -acre area described on the provided plat.
5. Hours of operation shall be from 7:00 a.m. until 4:00 p.m. No Sunday operations.
6. The Zoning Administrator may require enclosure of the crusher, if adverse impact occurs.
7. Only portable crushers are to be used on site.
8. Mine -owned -and -operated trucks will only enter this site via Wardensville Pike (Route 55) to Pifer Road
(Route 600) to Brill Road (Route 603). Mine -owned -and -operated trucks will exit this site via Brill
Road (Route 603) to Pifer Road (Route 600) to Wardensville Pike (Route 55).
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Truck departure and arrival times shall be controlled to avoid encounters with school buses during
regular school bus travel times.
(Note: Commissioners Ours and Kriz were absent from the meeting.)
PUBLIC MEETING
Master Development Plan #11-07 of Glendobbin, submitted by Patton, Harris, Rust & Associates, P.C.,
for 30 single-family detached homes. The properties are located south and adjacent to Glendobbin Road
(Rt. 673), approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Rt. 603).
The properties are further identified with P.I.N.s 43 -A -15B, 43-19-57, and 43-A-16 in the Stonewall
Magisterial District.
Action — Recommended Approval
Ms. Candice E. Perkins, Senior Planner, reported that this master development plan (MDP)
application is a proposal to develop 30 residential units on 31 acres of land zoned RP (Residential Performance),
which was rezoned in 2006 with proffers. She said the development has areas of RA (Rural Areas) and M1
(Industrial Limited). The applicant is proposing one public entrance and the new road, Sunflower Drive, comes
off Glendobbin Road. Ms. Perkins said future Route 37 is a road improvement identified on Frederick County's
Eastern Road Plan and with this rezoning, the applicant proffered to provide right-of-way for Route 37 as shown
on the Generalized Development Plan (GDP), as well as this MDP. In addition, the rezoning for this property
specified that the Glendobbin Rural Preservation Tract can not be subdivided further.
Ms. Perkins next reviewed two waivers being requested by the applicant. Ms. Perkins said the
Frederick County Subdivision Ordinance states that "... cul-de-sacs, permanently designed as such, shall not
exceed 1,000 feet in length. The Planning Commission may waive this requirement in cases where extreme
topography or other factors make it impractical. In no case shall the street serve more than 25 lots." Ms. Perkins
explained that the cul-de-sac shown for this development is 2,400 feet long. She said a waiver is needed from the
Planning Commission in order for this development to be constructed as shown on the proffered GDP and the
MDP. She noted that the cul-de-sac waiver is a Planning Commission waiver only, and no action from the Board
of Supervisors is required for the waiver. In addition, since this development is proposing 30 lots on one cul-de-
sac, the applicant will need a waiver from the Board of Supervisors for the additional five lots. She said a
recommendation from the Planning Commission to the Board is needed.
Ms. Perkins added that the applicant should consider providing landscaping along Sunflower
Drive to screen the new residents from Route 37. She explained that with the proposed road layout, there is no
landscaping and the new homes would be looking over Sunflower Drive onto Route 37.
In conclusion, Ms. Perkins stated that with the exception of the waivers, the MDP is consistent
with the requirements of the Zoning Ordinance and the Comprehensive Policy Plan. She said three actions are
needed by the Planning Commission: 1) a decision on the cul-de-sac length waiver; 2) a recommendation on the
number of lots on the cul-de-sac; and, 3) a recommendation on the MDP.
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Mr. Patrick Sowers, with Patton, Hams, Rust & Associates (PHR&A), Inc., was present to
represent the Glendobbin MDP. In response to the staff s comment about landscaping along Sunflower Drive,
Mr. Sowers said the applicant would be willing to commit to providing the same number of trees per foot as
offered in the Route 37 road efficiency buffer adjacent to Sunflower Drive.
Commissioner Thomas asked Mr. Sowers if all of the deeds to the lots indicate the proposed
location of Route 37, so that future buyers of property are aware about the construction of Route 37. Mr. Sowers
replied yes; he said that a requirement of the proffers stated that this notification specifically was to be included
on the plats for the properties.
Commissioner Light questioned whether granting a waiver of the 25 -lot limit on cul-de-sacs
would start a precedent for further waivers of this type. Planning Director, Eric R. Lawrence, did not feel a
precedent would be set because the location and shape of the property created a unique situation. He said it was
the Commission's prerogative to say no to future requests, if the justification wasn't there.
Chairman Wilmot called for public comments. No one came forward to speak and Chairman
Wilmot closed the public comment portion of the meeting_
Several members of the Coni nission suggested the Development Review and Regulations
Subcommittee reconsider the maximum cul-de-sac length requirement, based on the number ofwaivers that have
been recently requested and granted to exceed the length requirement.
Waiver of Cul -de -Sac Lenl4th Requirement - Approved
A motion was made by Conumssioner Oates to approve the requested waiver of Section 144-
17G(1) to exceed the 1,000 -foot cul-de-sac length for the Glendobbin MDP. This motion was seconded by
Commissioner Kerr and unanimously passed. (Note: Commissioners Ours and Kriz were absent from the
meeting.)
Waiver of Maximum Lot Requirement on Cul -de -Sacs — Recommended Approval
A motion was made by Commissioner Oates to recommend approval of a waiver of Section 144-
17G(1), pertaining to the number of lots permitted on a cul-de-sac, to allow no more than the requested 30 lots.
This motion was seconded by Commissioner Mohn and passed by the following majority vote:
YES (TO ALLOW 30 LOTS): Unger, Watt, Manuel, Morris, Oates, Triplett, Kerr, Mohn, Wilmot
NO: Light, Thomas (Note: Commissioners Kriz and Ours were absent_)
MDP 911-07 for Glendobbin — Recommended Approval
A motion was made by Commissioner Oates to recommend approval of MDP #11-07 of
Glendobbin with the addition of landscaping along Sunflower Drive, specifically by providing the same number
of trees per foot as offered in the Route 37 road efficiency buffer adjacent to Sunflower Drive. This motion was
seconded by Commissioner Manuel and unanimously passed.
BE IT RESOLVED, THAT the Frederick County Planning Coinmission does hereby approve a waiver of See -tion
144-17G(1) to exceed the maximurn cul-de-sac length requirement by 1,400 feet; and recommends approval of a
waiver of Section 144-17G(1), to exceed the maximum number of lots permitted on a cul-de-sac by five lots for
the Glendobbin MDP.
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BE IT FURTHER RESOLVED,THAT the Frederick County Planning Commission does hereby recommend
approval of MDP # 11-07 of Glendobbin with the addition of landscaping along Sunflower Drive, by providing
the same number of trees per foot as offered in the Route 37 road efficiency buffer adjacent to Sunflower Drive.
(Note: Commissioners Ours and Kriz were absent from the meeting.)
Master Development Plan #13-07 of Winchester Gateway, submitted by Greenway Engineering, for
commercial uses on 74.42 acres of land located on Route 7 at Getty Lane. The properties are further
identified with P.I.N.s 54 -A -99C, 54 -A -99E, 54 -A -99F, 54 -A -99G, 54 -A -99I, 54 -A -99J, 54 -A -99K, and 54-
A -99L in the Stonewall Magisterial District
Action — Recommended Approval
Senior Planner, Candice E. Perkins, reported that this master development plan (MDP)
application is a proposal to develop multiple parcels of land totaling 74 acres, zoned B2 (Business General), with
commercial uses. Ms. Perkins stated there were no proffers associated with the properties. She said the only
access into the site is via Getty Lane, which connects to Route 7. Ms. Perkins reported that the Eastern Road Plan
identifies the road connecting Getty Lane to Regency Lakes Drive; she said this MDP shows the continuation of
Getty Lane through the property and connecting to Regency Lakes Drive. Regency Lakes Drive will be modified
to accommodate a 120 -foot left -turn lane onto the new Getty Lane extension. She said this development is also
constructing some improvements to Route 7, which include the pavement for westbound Route 7 being shifted to
provide for a wider right -turn lane onto Regency Lakes Drive. In addition, a 100 -foot transition will be added to
west -bound Route 7 for vehicles turning right onto Route 7 off Regency Lakes Drive.
Ms. Perkins continued, stating this development is proposing to continue using private roads for
access; Getty Lane, which is constructed on the property, is a private road. She said the subdivision ordinance
states that all lots must have State road frontage in order to be subdivided. She noted that in order for the
proposed commercial lots in the Winchester Gateway property to be subdivided using private roads, the Board of
Supervisors would need to grant a waiver of Section 144-24C of the subdivision ordinance. Ms. Perkins said that
a recommendation from the Planning Commission to the Board of Supervisors is needed for the waiver.
Mr. Evan A. Wyatt, with Greenway Engineering, was present to represent Winchester Gateway.
Mr. Wyatt stated that a series of transportation narratives on the MDP were created to deal with the off-site
transportation improvements. Mr. Wyatt wanted to state for the record that this language was reviewed by both
VDOT and the County's Transportation Planner; he said revisions were requested and made.
Chairman Wilmot called for public comments. No one came forward and Chairman Wilmot
closed the public comment portion of the meeting.
No issues were raised or comments made by the Planning Commission.
Commissioner Oates made a motion recommending that the Board of Supervisors grant a waiver
of Section 144-24C of the Frederick County Subdivision Ordinance to allow the subdivision of proposed
commercial lots on Winchester Gateway property using private roads. This motion was seconded by
Commissioner Unger and unanimously passed.
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Convnissioner Oates made a motion to recommended approval of MDP # 13-07 of Winchester
Gateway. This motion was seconded by Commissioner Unger and unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the requested waiver of Section 144-24C of the Frederick County Subdivision Ordinance to allow the
subdivision of proposed commercial lots on Winchester Gateway property using private roads and does hereby
unanimously recommend approval of * 1DP R, 13-07 of Winchester Gateway.
(Note: Commissioners Kriz and Ours were absent from the meeting.)
DISCUSSION
DRAFT 2008-2009 FREDERICK COUNTY CAPITAL IMPROVEMENTS PLAN (CIP)
Deputy Planning Director, Michael T_ Ruddy, presented the draft 2008-2009 Frederick County
Capital Improvements Plan (CIP) as a discussion item for this evening's meeting. Mr. Ruddy said the
Comprehensive Plans and Programs Subcommittee (CPPS) met with County Department and Agency
representatives to discuss their individual capital nnprovement project requests. He said the CPPS endorsed the
CIP and endorsed its conformance with the County's Comprehensive Policy Plan. Mr. Ruddy said it is the role of
the Planning Commission to affum that the 2008-2009 CIP is in conformance with Hie County's Comprehensive
Policy Plan.
Mr. Ruddy next proceeded to summarize some of the key points of the CIP. He stated that of
the 55 capital projects proposed in the CIP, only four are new compared with 17 projects in last year's CIP. Of
the four new projects, two belong to Parks and Recreation, one is transportation -related, and one is from the
Winchester Regional Airport. Mr. Ruddy reviewed those particular projects with the Commission.
Commissioner Light commented that with the road network being incorporated within the CIP, a
comprehensive regionalized transportation plan should be included for each individual road in the CIP. He said
this will allow individual rezoning applicants to know what is expected for the traffic improvement plan initiated
by the CIP. Coimnissioner Light explained this actual plan will assist the CIP and will become part of the
Comprehensive Policy Plan, so that developers will have prior knowledge of the type of transportation
improvements that will need to be made.
Mr. Ruddy said the CIP will be forwarded to the Board of Supervisors with comments for
discussion.
Discussion of a draft amendment to the Frederick County Code, Chapter 165, Zoning, Article IV,
Supplementary Use Regulations, Article XXII, Definitions and Zoning District Regulations, Section 165-
30, Signs.
Senior Planner, Candice E. Perkins, reported that that Development Review and Regulations
Subcommittee, along with the Sign Ordinance Work Group, have endorsed numerous proposed changes to the
existing sign ordinance. The proposed changes to the sign ordinance were also endorsed by the Chamber of
Commerce. Some of the major changes include the types of signs which will be allowed in certain districts, sign
Frederick County Planning Commission Page 2158
Minutes of December 5, 2007
-11 -
heights, sign sizes, sign spacing, as well as the number of signs proposed. The addition of electronic message
signs, with restricted timing and size, is also proposed. She said the sign size and height is proposed to be
regulated by road classification, specifically, arterial roads, collector roads, and all other roads. Ms. Perkins
reviewed the specific changes with the Commission.
Commissioner Mohn inquirers about pr ;eels which use a multi -tenant sign; he asked if the
individual lots within the project could have one free-standing sign per lot. Ms. Perkins replied that the individual
lots would be allowed one 12 -foot tall, 50 square -foot monument sign. Commissioner Mohn said the provision
for the number of signs, specifically Number 3, where it states, "... free-standing business signs should be limited
to one per development... " the language could create confusion, if the intent is per lot or use within a larger
development. Commissioner Mohn said the terms "development" and "lot" are not interchangeable.
Commissioner Morris asked the staff to explain the definition of a "flag" sign.
Chairman Wilmot congratulated the members of the DRRS for their excellent work on producing
the revised sign ordinance.
Staff stated that the ordinance will be forwarded to the Board of Supervisors with continents for
discussion.
OTHER
Commissioner Oates made the suggestion that the Comprehensive Plans and Programs
Subconninittee review the language in the Comprehensive Policy Plan concerning mining operations. Other
Commissioners agreed the language could be strengthened to aid in future reviews regarding requests for mining
operations.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 8:45 p.m. by a unanimous
vote.
Respectfully submitted.
June M. Wilmot, Chairman
Eric R. Lawrence, Secretary
Frederick County Planning Commission
Page 2159
Minutes of December 5, 2007
0
MEMORANDUM
TO: Frederick County Planning Commission
COUNTY ®;r FREDEXTC l
Department of Planning and Dee,elogment
FROM: Mark R. Cheran, Zoning and Subdivision Administrator t4.1.c._,..,..-.
RE: Waiver Request — Nina G. Smoke
DATE: January 15, 2008
540/665-5651
FAX: 540/665-6395
The Frederick County Code Chapter 144 requires that any new parcels that are created must meet the
requirements of Chapter 165 Zoning of the County of Frederick Code. This chapter addresses lot
area, minimum lot width and setbacks, and other dimensional requirements. The applicant is seeking
an exception from the lot requirements of Section 144-31(C) (3) of the County of Frederick Code
(Subdivision), to enable a family division of a parcel of land into two (2) parcels on a right-of-way
less than 50 feet. The property is located on the western side of Diamondback Lane, approximately
0.4 miles north of the intersection of Diamondback Lane and Back Mountain Road (Route 600) in
the Back Creek Magisterial District. The requested waiver would only apply to the creation of two
(2) family lots. This proposed driveway access right-of-way is illustrated on Exhibit A.
Ms. Smoke has stated the reason for the waiver request is to provide relief from a 50 foot right-of-
way; the parent parcel is currently served by a 30 foot right-of-way. The applicant is seeking a
waiver from the minimum width requirement for a shared private driveway. The minimum right-of-
way width for a shared private driveway shall be 50 feet. Included in the agenda is a letter from the
property owners served by Diamondback Lane, who declined to grant this easement.
A recommendation from the Planning Commission to the Board of Supervisors is requested
MRC/bad
Attachments
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Parcel ID:
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COUNTY of FREDERICK
1 tv Department of Planning and Development
107 North Kent Street a Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX: 540/665-6395
WAIVER/EXCEPTIONS REQUEST APPLICATION
1. Applicant:
Name: Marsh & Legge Land Surveyors Telephone: 540/667-0468
Address: 560 North Loudoun Street
Winchester, Virginia 22601
2. Property owner (if different than above):
Name: Nina Glynn Smoke Telephone: 540/535-7445
Address: c/o Tempe Simon
215 Greenfield Drive, Winchester, Virginia 22603
3. Contact person (if other than above):
Name: Helen Hall
Telephone: 540/667-0468
4. Waiver request details (include specific ordinance requirements to be waived):
SEE ATTACHED EXHIBIT A
5. Property Location: The property is located at (give exact location based on nearest road and
distance from nearest intersection, using road names and route numbers):
SEE ATTACHED EXHIBIT A
6. Parcel Identification/Location: Parcel Identification Number 58-10-A3 and A10
Magisterial District: Back Creek
7. Property zoning and current use: Zoned:
RA
Current Use: Agricultural
District
8. Attachments: Adjoining Property Owners List X Existing/recorded and
Proposed Plats X
OFFICE USE ONLY: Fee -:.'$500 enclosed:'l.✓" Receipt ## l�
9. List of Adjoining Properties: The following names and addresses are all of the individuals,
firms, or corporations owning property adjacent to the property for which the waiver or exception
is being sought, including properties at the sides, rear, and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail of this
application..
NAME
Flegal,
Tom M., Jr. and
Tamara L.
Address 501'2 Fairmont Avenue
Winchester VA 22601
propertyID# 58-10-A5, A8 and A9
Glynn,
G1
Robert J. et al
Address 481 Diamondback Lane
Winchester, VA 22602
Property ID # 58-A-4
Bowers
Robert P. and
Paulette M.
Address 300 Greenfield Drive
Winchester VA 22 603
Property ID # 58-10-A2
Gl yam,
Dale C. and
Alice L.
Address 788 South Hayyfield Road
Winchester VA 22602
Property ID # 58-10-A4
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID
Address
Property ID #
Address
Property ID #
Address
Properly ID #
- Page 2-
0ALand Use ApplicationMpplicati on Fonns\waiverrcquest fo=.wpd
WAIVER/EXCEPTIONS REQUEST APPLICATION
Property Owner: Nina Glynn Smoke
PIN 58-10-A3 AND A10
Frederick County, Virginia
4. Waiver Request Details: It is requested to reduce the ingress/egress easement
requirement of a 50 -foot minimum right of way to a 30 -foot minimum right of way. The
ordinance requirement for a 50 -foot ingress/egress easement for subdivision is Section 144-31-
C.(3) of the Frederick County Subdivision Ordinance.
5. Property Location: The property is located on the western side of Diamondback Lane
approximately 0.4 miles north of the intersection of Diamondback Lane and Virginia Secondary
Route 600 (Back Mountain Road), and is Parcel A-3 of the plat of subdivision recorded in Deed
Book 750 at Page 1382.
APPROVED BY
FREDERICK COUNTY HEALTH DEPARTMENT
FREDERICK COUNTY SUBDIVISION ADMINISTRATOR
OWNERS CER TIFICA TE
VICINITY MAP
1" = 2000'
RTE 600
BACK MOUNTAIN ROAD
DA TE
DA TE
THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION OF THE LAND OF NINA GL YNN SMOKE
PIN 58-10-A) AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN
ACCORDANCE WITH
ANY. THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF
NINA GL YNN SMOKE DA TE
NOTARY PUBLIC
STA IF OF
CITY/COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON
BY NINA GL YNN SMOKE (DA TE)
MY COMMISSION EXPIRES ON
(NOTARY PUBLIC)
NOTES•
1. NO TITLE REPORT FURNISHED,' THEREFORE, EASEMENTS OR ENCUMBRANCES AFFECTING THE PROPERTY
REPRESENTED BY THIS SURVEY MAY EXIST THAT ARE NOT SHOWN.
2. THE BOUNDARY /NFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD RUN
SURVEY COMPLETED ON JANUARY 2, 2007
3 ACCORDING TO FEMA FLOOD INSURANCE RATE MAP NO. 510063 01008, DATED ✓UL>' 17 1978, THE LAND
SHOWN ON THIS PLAT /S WTTI/N AN AREA DESIGNATED AS ZONE CWHICH /S AN AREA OF , MINIMAL FLOODING
SURVEYORS CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION /S A PORTION
OF THE LAND CONVEYED TO NINA GL YNN SMOKE [P/N 58-10-A3] BY DEED DA TED 26 DECEMBER
1988, AND RECORDED IN DEED BOOK 750 PAGE 1382 IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA.
MINOR RURAL SUBDIVISION
OF THE LAND OF
NINA GL YNN SMOKE
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DRAWN BY: JTG I DWG NAME: 7986PLAT I SHEET 1 OF 2
Marsh & Legge Land Surveyors, P.L.C.
�0 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468 FAX (540) 667-0469
EMAIL office(Pmorshondlegge. com
H OF �7
.oma
U ➢
S.W. Marsh
No. 001843
<qND SURVEyO
DATE: 01/12/07
COVER SHEET
LEGEND (17.18 h,
IRF - IRON ROD FOUND
IRS - IRON ROD SET IRS
BRL - BUILDING RESTRICTION LINE
DF - PROPOSED DRAINFIELD SITE
- PROPOSED WELL SITE 4h
0 - POINT
Ir -
d
DF
,l
LINE TABLE
LINE
BEARING
DISTANCE
Ll
S 78'49'01" E
236.92'
L2
S 57'4446" E
177.94'
L3
S 257,8'09" E
213.65'
L4
S 4833'14" E
107.46'
L5
S 11:26'j5- E
87.54'
L6
N 692824" E
13221'
L 6A
N 69:28'24 " E
J6.64'
_L6L
N 69 -2,5'24 " E
95.57'
L7
S 830209" E
73.32'
L8
S 567333" E
739.98'
L9
S 63"1631" E
770.09"
L 10 IS
$32552" E50
07'
'--DIAMONDBACK LANE
J" v PIN 58-70—A2
ROBERT P. BOWERS
I '( INST. ,¢030017452
/ ZONED: RA USE.- AGRICULTURAL
PROPERTY LINE lS CENTERLINE OF
EX. 30' INGRESS/EGRESS ESM'T
ti� I NEW PIN 1 � �6A
58-10-A10,' 4 (29-J4)
9.093 ACRES IRs
50' INGRESS/
EGRESS EASEMENT
'1Q gyp.'✓ 1 i DF : 77'\ HEREBY CREA TED
X40 � 0 / /
��73
lb
/ ce/ N \ \ a
MINOR RURAL SUBDIVISION
OF THE LAND OF
NINA GL YNN SMOKE
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DRAWN BY: JTG I DWG NAME: 7986PLAT I SHEET 2 OF 2
Marsh & Legge Land Surveyors, P.L.C.
C�) 550 NORTH LOUDOUN STREET WINCHESTER, l/IRG/NIA 22601
PHONE (540) 667-0465 FAX (540) 667-0469
EMAIL office gm orsh co dlegge. com
H OF
z
o
S.W. Marsh
No. 001843
o�
sujj
pl
DATE: 01/12/07
SCALE- 1"=200'
EXHIBIT vvAvy
REMAINDER OF
PA REN T TRA CT
PIN 58-10—A3 c-'� (36.24)
`"
z",/
01
9.093 ACRES ° IRs
j
2
/
50'BRL'
v �
IRF— S 5071 '1l " W
1077.53 IRF
W 2
PIN 58-10-A6
PIN 58-10-A8 PIN 58-10-A9
o N
TOM M. FLEGAL, IR.
TOM M FLEGAL, 1R. TOM M. FLEGAL, JR.
INST #06001.36,38
INST #060024376 INST. #060024376
p
ZONED: RA USE RESIDENTIAL
ZONED: RA ZONED: RA
Q
5.66 ACRES
USE- RESIDENTIAL USE RESIDENI7AL
ti
5.00 ACRES 5.00 ACRES
GRAPHIC SCALE
200' 0' 200'
400' NOTE,
ADJOINING OWNER INFORMA TION
-
SHOWN HAS BEEN TAKEN
FROM
SCALE 1 " = 200'
PUBLISHED TAX RECORDS
MINOR RURAL SUBDIVISION
OF THE LAND OF
NINA GL YNN SMOKE
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DRAWN BY: JTG I DWG NAME: 7986PLAT I SHEET 2 OF 2
Marsh & Legge Land Surveyors, P.L.C.
C�) 550 NORTH LOUDOUN STREET WINCHESTER, l/IRG/NIA 22601
PHONE (540) 667-0465 FAX (540) 667-0469
EMAIL office gm orsh co dlegge. com
H OF
z
o
S.W. Marsh
No. 001843
o�
sujj
pl
DATE: 01/12/07
SCALE- 1"=200'
EXHIBIT vvAvy
AFFIDAVIT FOR FAMILY DIVISION
DATE: 7 , 2007
1, Nina Glynn Smoke of 434 Ritter Road, Winchester, Virginia, affirm that I am the owner of a
certain parcel of land identified as (PIN) 58-10-A3 on the Frederick County tax map and is
located approximately 0.4 miles north of the intersection of Diamondback Lane and Va. Sec.
Rte. 600 (Back Mountain Road).
I hereby affirm that I am familiar with the prerequisites of Section 15.2 — 2244 of the Code of
Virginia, 1950, as amended, and the requirements and provisions of 165-54 B., Chapter 165,
Frederick County Code, Zoning Ordinance; and 144-15, 144-31 C, and 144-39, Chapter 144,
Frederick County Code, Subdivision Ordinance. I will convey by deed legally authorized
portions of the above identified property to the following immediate family members. The
family members recipient of this family lot realize that they must maintain ownership of this land
for a period of at least five (5) years from the date the family lot was created. This Affidavit
shall be recorded with the family division plats.
NAME RELATIONSHIP AGE (IF CHILDREN) ACREAGE
Tempe Sue Simon Daughter 9.093 Acres
Isabelle Fitzwilliam Daughter 9.093 Acres
I further affirm that this division of land is for the accommodation and use of the listed family
members and will not be used to circumvent the applicable subsection of the Code of Virginia,
and that I have not previously conveyed a lot to this family member under paragraph 165-54 B.,
Chapter 165, Frederick County Code, Zoning Ordinance.
;�•0 p1ANE M -'*"
` � '�t�lOYARY `'• !�
• � pU3L1C
tf�
31 p416 �,1kr
tXPIRE5 • C�
STATE OF VIRGINIA
COUNTY OF FREDERICK
Ninq_Glynn Smo
Property Owner (Grantor)
1, a notary public in and for the State and County
aforesaid, -do hereby certify that this day,
personally appeared before me and acknowledges the above aff davit dated y 7 , 2007
that affirms division of land under the family division procedure.
Given under my hand this %%, day of ;I
)'J�j (%.7, k',4 , T/
Notary Pu'lic
My commission expires+,. 3 G' , 20 C% .
Frederick County Director of Planning and Development
Attention: Mr. Mark Cheran
107 N. Kent St., Suite 202
Winchester, VA 22601
Dear Mr. Cheran,
We are the owners of lot 58-10-A4 bordering Diamondback Lane.
We wish the right-of-way to remain at thirty (30) feet. We are declining the fifty
(50) foot right-of-way.
Sincerely,
Dale C. Glynn And Alice L. Glynn
December' a , 2007
i,",,1 2 2008
•
C>
C'0UNTY of FREDERIC',
Department of Planning and Development
540/665.565!
FAX: 540/665-5395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Eric R. Lawrence, AICP, Planning Director ` "111
SUBJECT: New Proffers Enabled in 2007
DATE: January 22, 2008
On July 1, 2007, new state legislation was implemented that expands upon the County's
ability to accept proffers during the rezoning process. This change provides the County
with the ability to use the "Northern Virginia" form of conditional zoning. During the
February 6, 2008 Planning Commission meeting, staff will provide a brief overview of
this newly adopted state code, and how it will benefit Frederick County.
The Code of Virginia includes provisions that offer greater opportunities to communities
with `high growth', which is defined as population growth of five percent or more
between census years. By this definition, Frederick County is a qualifying high-growth
jurisdiction. More importantly, this permits the County to accept proffers for which the
need is not generated solely by the rezoning proposal. Therein lies the benefit to the
County — allowing the County to accept proffered improvements for infrastructure
regardless of whether the development was generating an impact. This provision assists
the County in securing more global improvements to our schools and transportation
network. Staff will offer additional details during the Planning Commission meeting.
Ironically, on January 18, 2008, legislation was introduced that works to eliminate the
proffer system. SB768 is a bill proposed to replace the current cash proffer system with
impact fees. Staff will monitor and assess this legislation, and update the Commission as
appropriate.
Please contact me should you have questions.
ERL/bad
197 Nortb Kent Street, Suite 202 • Winchester, Virginia 22601-5000