PC_06-01-05_Meeting_MinutesMEETING MINUTES
OF THE
• FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on June 1, 2005
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red
Bud District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Charles E. Triplett,
Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; H. Paige
Manuel, Member -At- Large; Gary Dove, Board of Supervisors' Liaison; Lawrence R. Ambrogi, Legal Counsel.
ABSENT: Cordell Watt, Back Creek District; George J. Kriz, Gainesboro District; and David Shore, City
of Winchester Liaison
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director;
Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk.
• CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES
Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, the .
Planning Commission minutes of May 4, 2005 were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 05/26/05 Mtg.
Commissioner Unger reported that the DRRS worked on cleaning up some definitions in the
ordinance; they also discussed the B2 District.
•
Frederick County Planning Commission Page 1528
Draft Minutes of June 1, 2005
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Transportation Committee
Chairman DeHaven announced that the Transportation Committee will be having a significant
meeting on Tuesday, June 7, 2005, at 7:30 p.m. in the Board of Supervisors meeting room. The Transportation
Committee will hold a public hearing on the Draft 2006 -2007 through 2011 -2012 Secondary Road
Improvement Plan; the Draft 2006 -2007 through 2011 -2012 Primary Road Improvement Plan; and the Draft
2006 -2007 through 2011 -2012 Interstate Road Improvement Plan.
PUBLIC HEARING
Revocation of Conditional Use Permit #17 -04 of Edwin and Zucely Elvira for a landscaping business.
This property is located directly behind AC Self- Storage, at 225 Caldwell Lane, south of Papermill
Road (Rt. 644). The property is identified with P.I.N. 63 -44C in the Shawnee Magisterial District.
Action — Withdrew Revocation
Chairman DeHaven said that he would abstain from all discussion and voting on this item due
to a possible conflict of interest. He then turned the chair over to Vice Chairman Thomas to facilitate the
meeting for this item.
Zoning and Subdivision Administrator, Mark R. Cheran, stated that as of this afternoon,
Wednesday, June 1, 2005, at 4:00 p.m., this conditional use permit is in compliance with the conditions set
forth under Conditional Use Permit #17 -04 of Edwin and Zucely Elvira for a landscaping business, which was
approved by the Board of Supervisors on September 22, 2004. Mr. Cheran said the issue was a six -foot
opaque fence on the eastern side of the property to screen residential uses; he said the fence is now in place.
Mr. Edwin Elvira, the applicant and owner of Elvira Landscaping, came forward and stated
that the fence has been installed.
Vice Chairman Thomas called for public comments, however, no one was present to speak.
Upon motion made by Commissioner Straub and seconded by Commissioner Wilmot, the
Frederick County Planning Commission does hereby unanimously withdraw action on the revocation of
Conditional Use Permit # 17 -04 of Edwin and Zucely Elvira for a landscaping business because the applicant is
now in compliance with the conditions of his permit. This item will not need to go to the Board of
Supervisors.
(Note: Chairman DeHaven abstained; Commissioner Morris was absent for this item; Commissioners Watt
and Kriz were absent from the meeting.)
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PUBLIC MEETING
Rezoning Application #07 -05 for the Manning Property to rezone 9.442 acres from M2 (Industrial
General) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts; and 2.736 acres from RA
(Rural Areas) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts. These properties are
located 350' south of the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11),
between Martinsburg Pike (Rt. 11) and I -81, and continuing south to Duncan Run, south of the
Whitehall Exit (Exit 323), in the Stonewall Magisterial District. The properties are' identified with
P.I.N.s 33A -A -12, 33A -A -13, 33A -A -14, 33A -A -15, and 33A- A -15A.
Action — Recommended Denial
Deputy Planning Director, Michael T. Ruddy, first provided some history of this project. He
said that in 1999, the applicant had submitted a similar rezoning request, but withdrew the application because
of multiple issues of concern and inconsistencies with the Comprehensive Policy Plan. He said the applicants
have since moved forward with this new application which attempts to address the issues and impacts
associated with the rezoning and to provide a greater amount of consistency with the goals and policies of the
Comprehensive Policy Plan and the Northeast Frederick Land Use Plan. Mr. Ruddy pointed out that a
considerable amount of general activity has occurred since the previous attempt to rezone the property which
has a relationship to this latest rezoning request. He said the activity includes modifications to the Northeast
Frederick Land Use Plan, transportation improvements completed by the Virginia Department of
Transportation (VDOT) associated with Interstate 81, Exit 323, Rest Church Road (Rt. 669), and its
intersection with Martinsburg Pike (Rt. 11), and water and sewer infrastructure improvements currently under
development by the Frederick County Sanitation Authority.
• Mr. Ruddy continued his report by reviewing the issues and impacts associated with the
Comprehensive Policy Plan, site suitability and environment, the Interstate Area Overlay, transportation, and
sewer and water. Some of the highlights of his report included: the Transportation Impact Analysis (TIA)
provided by the applicant concludes that the traffic impacts associated with the 2005 build -out conditions are
acceptable and manageable and a Level of Service (LOS) C or better is achieved assuming the full build -out of
the project as identified on the Architectural Site Plan; the 2010 traffic analysis, which includes the Sempeles
property, also identifies a LOS C or better is achieved; the application provides for the development and
connection to the public water and sewer system and the applicant has participated with the Sanitation
Authority to make the extension of water and sewer to the Rest Church area possible; the applicant has
provided easements to the Sanitation Authority for the extension of water and sewer lines to the west of 1-8 1,
allowing the Flying J's private on -site facilities to be abandoned. In addition, Mr. Ruddy reviewed the proffers
that were offered by the applicant.
Commission members asked for clarification on the TIA's conclusion that this project, along
with the Sempeles project, the Flying J, and the Exxon, all put together will still remain a LOS "C." Mr.
Ruddy replied that this was the conclusion of the report. He added that the County will need to ensure that the
TIA is completely facilitated through the proffer statement to ensure that this LOS is achieved.
(Commissioner Morris arrived at this point of the meeting.)
•
Mr. Pat Manning, the property owner and applicant, said that he has been working on this
project over the last six years and believes they have solved all of the issues previously raised. Mr. Manning
proceeded to describe the revisions of this rezoning package over the previous one submitted six years ago.
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Some of the highlights of his discussion were: the extension of sewer and water to this area by himself and Mr.
George Sempeles; the granting of an easement across his property for sewer and water service to the Flying J;
• the VDOT bridge improvement; expanded proffers for Rt. 11, which include two left turn lanes; the addition of
property to the site; a signalized access to Woodbine Road; and less intensity of use with fewer fueling islands
and more green space.
Commissioner Thomas inquired about light and noise mitigation for the residents across Rt.
11. Mr. Manning replied that he would like to use as much light on this project as the County will allow for
safety and marketing reasons. He said there will be a six -foot screen wall along Rt. 11 with landscaping and a
25 -foot buffer strip.
In response to questions on the environmental impacts associated with the flood plain and
water run -off, Mr. Manning responded that the floodplain was south on his property and will not be developed;
he said the existing houses and septic tanks will be removed. He described the storm water retention basin as
massive and, there will be oil -water separators engaged at the diesel islands and the discharge will be directed
into the sanitary sewer as opposed to the storm water system.
Mr. John Callow, Project Transportation Engineer with Patton, Harris, Rust, & Associates,
Inc. (PHR &A), stated that regarding the TIA, they have not only shown the traffic impact of this project after
the facility is built (2005 analysis), but they also conducted a corresponding analysis (2010 analysis) with both
this project and the Sempeles project in place, at VDOT's request, so VDOT could review the differential
impact. He said the differential impact was one item —a second left -turn lane going north and across Rest
Church Road.
Mr. Callow next proceeded to take questions from the Commission on the transportation
impacts of the proposed development. A member of the Commission asked for verification that to maintain a
• LOS "C," from Woodbine Road to Rest Church Road, a minimum of four lanes would be required; and, at the
intersection of Rest Church, there will need to be two left -turn lanes, two through- lanes, and one right -turn
lane, and Mr. Callow agreed. When asked whether the developer was proffering to build the four -lane section,
Mr. Callow replied that it was not necessary for this project at this time; however, it would be necessary in
order to address the impact of both the Manning and the Sempeles projects. A commissioner asked for the
anticipated amount of truck traffic beyond what is there today. Mr. Callow said they are adding 4,800 trips per
day, including automobiles; he estimated truck traffic totals at 2,000 trips per day (one in, one out).
Commissioners were concerned about truck stacking on Rt. 669 and they believed the north-bound traffic
pulled the highest number of trucks. Commission members questioned whether the traffic numbers were
accurately reflected in the TIA. Mr. Callow added that the TIA assumed 40% of trips coming from the south
on I -81; 35% of trips coming from the north on I -81; 5% of trips coming from the west on Rest Church Road;
and 20% coming from Rt. 11 (10% north and 10% south).
Mr. Lloyd Ingram with VDOT next came forward to answer questions from the Commission.
Commissioner Thomas asked if there would be enough room to widen I -81 to six lanes and Rt. 11 to four
lanes, including extra rum lanes, without taking property from homes on the other side of Rt. I I or from this
property. Mr. Ingram said he was not able to answer the question, because it had not yet been decided if the I-
81 lanes would be built on the inside or to the outside of the right -of -way, which would have a big influence on
the radius for the off ramps. Commissioner Light asked Mr. Ingram if he knew the trip generation coming off
the north and south-bound exit ramps and the percent increase in traffic coming out of West Virginia. Mr.
Ingram did not have the figures with him, however, he said it was studied and the numbers forecast by the
applicant were found to be acceptable; he added that about 4% was coming from West Virginia.
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Chairman DeHaven next called for public comments and the following persons came forward
• to speak:
Mr. Edward Butler, representing the Clearbrook Citizens for Safety, asked the members of his
group who were present in the audience to stand and about 20 citizens stood. Mr. Butler raised the issue of
diesel fumes and how it has contributed to poor air quality in this area. Mr. Butler also described the truck
traffic congestion generated by the Flying J truck stop and how the trucks stack up on all of the ramps. He said
that an additional truck stop on Rt. I I would totally block Rt. 11, I -81, and the bridge. He stated that
accommodations needed to be made for the existing truck traffic because of the safety hazards the trucks were
creating.
Mr. Thomas Stevenson, a resident of the Stonewall District, anticipated atremendous increase
in truck traffic with an additional truck stop. Mr. Stevenson predicted that trucks would stack back past the
state line and past the bridge. He also predicted that Rt. 11 would be closed down between Rest Church Road
and Woodbine Road; he said the situation was going to be dangerous.
Mr. Philip Robey, a local resident, said that his wife was involved in a serious accident in front
of the Flying J. Mr. Robey was concerned about the safety of local residents and that all of the trucks were
creating a dangerous situation. He didn't think there was enough space available to construct adequate roads to
accommodate the existing traffic, much less any increase in traffic from another truck stop.
Mr. Timothy Johnson, a local resident and business owner, presented photographs of the
stacking trucks in this area. Mr. Johnson was concerned about the safety of his family and the local residents.
He said that another truck stop in this area would create gridlock. He pointed out one of the photographs taken
during the middle of the week and middle of the day, showing trucks stacked all the way across the bridge,
• sometimes in both lanes. Mr. Johnson described the truck traffic congestion in this area.
Mrs. Renee Kilmer, a local resident, expressed her gratitude to Mr. Manning and Mr.
Sempeles for assisting in the extension of sewer and water to this area; she said that it solved one of Flying J's
environmental problems. Mrs. Kilmer requested that VDOT improve the signage in the area so that trucks and
automobiles could maneuver properly; she said that improved signage would help the local residents traveling
through this area. Mrs. Kilmer believed that more than $5,000 in proffered money was needed from the
applicant for fire and rescue and sheriff services; she said that money was desperately needed for litter pick -up
because the trash from the truck stop was significant. She said that extra money was needed for Sheriff patrol
because of vagrants and other activities. Mrs. Kilmer also talked about the noise impact. She said she lives
approximately l Yz miles off I -81 and even with the windows closed, she hears trucks idling all night long.
Ms. Kim Dodd, a Clearbrook resident, said that a new housing development is opening up in
Berkeley County and traffic from those houses will impact this area; she said the amount of traffic will add to
the 4% increase mentioned earlier. Ms. Dodd was concerned about the addition of traffic from all of the
surrounding developments, such as the Sempeles property, which will also affect this intersection. She had
concerns about the ability of fire and rescue vehicles to reach area residents through all ofthe traffic congestion
and safety issues for traveling area residents.
Mr. George Sempeles, a resident of the Stonewall District and adjoining property owner,
spoke in support of Mr. Manning's project and property rights. Mr. Sempeles pointed out that Mr. Manning's
land is already zoned M2 and Mr. Manning could conduct a higher, more intensive use by right, than the truck
stop he is proposing. Mr. Sempeles said that Mr. Manning is a single owner who will be personally
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Draft Minutes of June 1, 2005
accountable; Flying J, on the other hand, is a huge, national trucking center with corporate accounts. Mr.
Sempeles did not believe it was fair to view Mr. Manning's proposal the same way that Flying J was viewed.
He added that Mr. Manning has amended his plan for the previous six years to accommodate the concerns of
VDOT, the County, and the area residents.
Mr. Mark Stivers, attorney, came forward to speak in support of Mr. Manning's project. Mr.
Stivers provided some history of his association with this area of Frederick County and how he became a
liaison member of the Northeast Land Use Plan study group. Mr. Stivers said that one of the goals of the
Northeast Land Use Plan was for business use, rather than industrial, to be developed on the property under
consideration. Mr. Stivers said that Mr. Manning's property is currently zoned M2; he recited a number of
intensive M2 uses that are already permitted on Mr. Manning's property. Mr. Stivers spoke about the amount
of time, money, and effort expended by Mr. Manning over the previous six years. He said that six years ago,
there was no bridge, no water or sewer, and Duncan Run was being polluted; he said that regardless of whether
Mr. Maiming's project is approved or not, the Flying J problem is going to be corrected. He added that this
was an opportunity to rescind the M2 zoning which will result in a down - zoning to B3. He further added that
this plan was consistent with the goals of the NELUP and the concerns expressed over the previous six years
have been addressed.
Mr. Larry Curry, a 30 -year resident, expressed concern about the poor air quality: Mr. Curry
said that he placed a carbon dioxide monitor beside his mother's house and the ratings were so high, the sensor
constantly went off and had to be reset. Mr. Curry was also concerned if property would be taken away from
private citizens in order to construct a tum- around on the east side of Rt. 11.
Mr. Timothy Gregory, a local resident, expressed concern aboutthe existing traffic congestion.
Mr. Gregory remarked about a previous statement made by Mr. Manning in which he said that the proposed
business would increase property values in the area. Mr. Gregory said that if someone wants to stay and not
• sell their homes, the increased property values just raises their taxes.
Mr. Brian Shallenburg, a local resident on Macbeth Lane, spoke about the traffic congestion in
this area in all directions. Mr. Shallenburg also expressed safety concerns because of his three school children.
In addition, he spoke about the severe drainage problems in this area. Mr. Shallenburg did not want to see
trucks traveling on Rt. 11 because residents take that route to avoid the truck traffic on I -81.
There being no one else in the audience wishing to speak, Chairman DeHaven closed the
public comment portion of the meeting.
Although Commission members recognized Mr. Manning's efforts to provide a quality
proposal and his ability to address many of the on -site impacts, they anticipated that the increased traffic
volume and other impacts brought on by an additional truck fueling facility would further degrade the quality
of life for area residents. They anticipated further degradation in the flow of traffic, and possibly gridlock,
considering the existing Mr. Fuel facility, this project, the future development of the Sempeles property, and
the Stephenson Village project. They questioned whether sufficient right -of -way would be available to enable
VDOT to make adequate improvements to accommodate the traffic.
Upon motion made by Commissioner Light and seconded by Commissioner Morris,
BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby
recommend denial of Rezoning Application #07 -05 for the Manning Property to rezone 9.442 acres from M2
(Industrial General) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts; and 2.736 acres from
• Frederick County Planning Commission Page 1533
Draft Minutes of June 1, 2005
RA (Rural Areas) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts.
. The vote was as follows:
YES (TO REC. DENIAL): Wilmot, Manuel, Triplett, Ours, Thomas, Light, Morris, Gochenour, Straub,
DeHaven
NO: Unger
(Commissioners Watt and Kriz were absent from the meeting.)
Rezoning #08 -05 of Canter Estates, Section V, submitted by Greenway Engineering, to revise proffers
concerning the rezoning of 103.74 acres to RP (Residential Performance) District. The properties are
located on the west side of Front Royal Pike (Rt. 522) adjacent to Canter Estates, Section III. The
properties are further identified with P.LN.s 76 -A -22, 76 -A -23, and 7613-1 -5 -312 through 385, in the
Shawnee Magisterial District.
Action — Recommended Approval
Chairman DeHaven said that he would abstain from all discussion and voting on this item, due
to a possible conflict of interest. Chairman DeHaven passed the chair to Vice - Chairman Thomas to facilitate
the meeting.
• Deputy Planning Director, Michael T. Ruddy, reported that the applicant has submitted this
rezoning petition in an effort to further revise proffered conditions relating to the generalized development
plan's (GDP) transportation network. Mr. Ruddy explained that the proposed proffer I revisions would
eliminate the previously reduced entrance onto Rt. 522 and would eliminate approximately 800 feet of
proposed state road construction from Rt. 522 into the project. He said the applicant will enter into a
signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing
traffic signalization at the intersection of Front Royal Pike (Rt. 522) and Clydesdale Drive; the applicant is
proffering to be responsible for 50 percent of the cost of the traffic signal at this intersection. He noted that this
is the primary reason for the applicant's request to modify the proffer statement for this rezoning application.
•
Mr. Ruddy pointed out that the revised proffer statement also provides two additional
modifications: the applicant has endorsed a master development plan (MDP) commitment regarding the
dedication of right -of -way for the future Parkins Mill Road at no cost to Frederick County; and, the proffer has
been modified to eliminate previous references to the depiction and reservation of Warrior Drive on the
southwestern portion of the property. Mr. Ruddy added that the project maintains its consistency with the
goals and policies of the Comprehensive Policy Plan and the proposed development of the property remains
consistent with the original rezoning application in terms of density, housing type, and layout.
Vice - Chairman Thomas inquired about the time frame for construction of Parkins Mill Drive.
He pointed out that until Parkins Mill was constructed, the potential existed for 2,500 trips a day coming off
Rayburn Drive through Canter Estates III; he commented that was quite a bit of traffic going through an
existing development. Mr. Ruddy replied that Parkins Mill Drive is completely incumbent upon future
applications and there was no definite time frame.
Frederick County Planning Commission Page 1534
Draft Minutes of June 1, 2005
Mr. Evan A. Wyatt with Greenway Engineering, representing the property owners, Jasbo, Inc.,
is provided some history of this project and the reasons for requesting the proffer revisions. Mr. Wyatt explained
that this section of Rt. 522 is a high -speed area and the curvature is super - elevated; therefore, a deceleration
lane and median crossing is an unsafe situation. He said that the money they would have spent for the right -in/
right -out, would be transferred to a signal at the median crossing. He said the proffer was written purposely at
50% because VDOT doesn't know if the warrants are there today for the signal. Overtime, as costs go up, the
50% goes with it and gives the County the opportunity, if there's no other development participants, to use that
for a revenue sharing match.
Vice Chairman Thomas next called for public comments and the following persons came
forward to speak:
Mr. Harry Newman, resident at 115 Maverick Court in Canter Estates, stated that he was a
member of the Board of Directors of the Homeowners Association for Canter Estates. Mr. Newman was in
favor of VDOT's decision not to grant the right -in/ right -out because it would be an incredibly dangerous
situation. He said the homeowners, however, believed the developer should be responsible for 100% of the
cost of the traffic signal and it should be installed immediately. Mr. Newman said that not all of the traffic
going down Clydesdale to Rt. 522 is from Canter Estates; he said there was considerable cut - through traffic,
there will be traffic from Wakeland Manor, and there will be construction traffic from Section 5. He said the
homeowners would like to see the traffic light installed immediately and the median strip amended to make a
safe situation. In addition, Mr. Newman stated that proper drainage of Section 5 is a big concern; he said
Section 3 and other sections continue to have drainage problems that were not resolved before the subdivision
was turned over to the homeowners association. Further, Mr. Newman stated that there were a number of
common areas that the homeowners association will be expected to maintain; he said that common areas that
are broken up and spread out are costly to maintain and practically unusable by the homeowners. Mr. Newman
• inquired about a statement in the staffs report, "...the applicant proffers to maintain the steep slope and
environmental areas located along the property line bordering Opequon Creek..." Mr. Newman asked if the
homeowners would also be responsible for maintaining these areas. He was concerned about the expense; he
said the homeowners can not maintain what they have now.
Mr. Kevin Scott, a resident of Canter Estates and Chairman of the Drainage and Easements
Committee for the Canter Estates Homeowners Association, believed that any type of access point on Rt. 522
around that curve would probably not be a safe situation. He stated that with the addition of Wakeland Manor
and the increase in traffic, especially during the construction phase, there are safety concerns for the residents.
Mr. Scott also believed a traffic signal was needed as soon as possible
•
Mr. Robert Kinsley, a resident of Canter Estates, was concerned about the increased traffic
impacts on Clydesdale with the elimination of the access on Rt. 522. .He also expressed concern about noise
and light impacts. He said the proposal is based on future roads and no one knows when those will be
constructed. Mr. Kinsley thought the right -in/ right -out should remain until other connecting roads are able to
be constructed on the western side of Canter Estates. He suggested that other methods be used to make the
entrance safer, such as reducing the speed limit and increasing signage; at the very least, he thought the
entrance should be kept available as an emergency access. Mr. Kinsley also inquired ,about screening,
buffering, and bicycle trails; he believed any further development of Canter Estates should include recreational
facilities for the community. He also was of the opinion that there were too many scattered ipen areas that did
not provide a useable space or recreation area for the residents.
Frederick County Planning Commission Page 1535
Draft Minutes of June 1, 2005
ME
Mr. Lloyd Ingram with VODT stated that he met with the applicant on site. Mr. Ingram
believed that eliminating the right -in/ right -out and providing a signal would result in a safer situation.
Mr. Jerry Copp, VDOT's resident engineer, stated that before a traffic signal can be installed,
a warrant study would have to be conducted. Mr. Copp explained that no funding mechanism currently exists
to install the signal. He added that it could take up to a year to acquire matching funds, if revenue sharing was
pursued.
Commission members believed that Clydesdale was a better and safer alternative to the
original right -in/ right -out.
Upon motion made by Commissioner Morris and seconded by Commissioner Wilmot,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanim usly recommend
approval of Rezoning 408 -05 of Canter Estates, Section 5, submitted by Greenway Engineering, to revise
proffers concerning the rezoning of 103.74 acres to RP (Residential Performance) District
(Chairman DeHaven abstained; Commissioners Watt and Kriz were absent from the meeting.)
IGf1*I1f 1 1L470
Discussion of a proposed amendment to the Frederick County Code, Chapter 165, ZoI ing, Article IV,
® Supplementary Use Regulations, Section 165 -30, Signs, G- Height and H -Size, Business Signs
Zoning and Subdivision Administrator, Mark R. Cheran, stated that at th April 28, 2005
meeting of the Development Review and Regulations Subcommittee (DRRS), committee members reviewed
and discussed proposed changes to Section 165 -30, G and H, of the zoning ordinance. Mr. Cheran said the
proposed changes would regulate business signs in the RA (Rural Areas) Zoning District. He said the
ordinance currently allows business signs to have a maximum height of 35 feet and 100 square -feet in area; a
standardized franchise sign may have up to 150 square feet in area. Mr. Cheran said the DRRS believed the
permitted use was not in keeping with the rural character of Frederick County and the permitted use would add
typical commercial signage to the rural areas of the County. He said the DRRS recommended limiting
business sign height and size in the RA (Rural Areas) Zoning Districts.
Members of the Commission inquired of the staff if there were many signs in the County that
would fall under a legal non - conforming use, if the new ordinance was adopted, or if there was an example in
the County of what the committee was trying to eliminate. Mr. Cheran replied that there were no signs that
would fall under the legal non - conforming use category, nor were there any signs the County was trying to do
away with.
The consensus of the Commission was that they were in support of the proposed amendment.
• Frederick County Planning Commission Page 1536
Draft Minutes of June 1, 2005
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COMMITTEE APPOINTMENTS
• Chairman DeHaven announced two committee appointments. He appointed Mr. Gary R.
Oates, L.S. to the Development Review and Regulations Subcommittee (DRRS) for the duration of the
implementation of the RA (Rural Areas) Study. In addition, Chairman DeHaven appointed both Mr. Bob
Carpenter and Mr. John P. Good, Jr. to share a position on the DRRS for the duration of the implementation of
the RA Study. He commented that Mr. Carpenter's and Mr. Good's schedules did not permit them to serve
unless they could alternate meeting attendance.
ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 10:05 p.m.
Respectfully submitted,
S. DeHaven, Jr., Chairman
•
L
R. Lawrence, Secretary
Frederick County Planning Commission
Draft Minutes of June 1, 2005
Page 1537