PC_09-19-07_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 September 19, 2007.
PRESENT: June M. Wilmot, Chairman/Shawmee District; Roger L. Thomas, Vice Chairman/Opequon
District; Richard C. Ours, Opequon District, George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud
District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Cordell Watt, Back Creek District;
Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At- Large; Barbara Van Osten, Board of
Supervisors Liaison, and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; Christopher M.
Mohn, Red Bud District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark
R. Cheran, Zoning & Subdivision Achninistrator, 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 stated that two of
the applicants on this evening's agenda have requested a postponement. The first is for the public hearing for
Rezoning 409 -07 of the Clearbrook Property and the second is for the public meeting of Master Development
Plan #11-07 of Glendobbin. Chairman Wilmot asked if there was anyone in the audience that came specifically to
speak about either of these two applications. No one came forward. Upon motion made by Commissioner Kriz
and seconded by Connuissioner Thomas, the Planning Commission unanimously adopted the agenda for this
evening's meeting without the two specific applications mentioned.
MEETING MINUTES
Upon motion made by Commissioner Oates and seconded by Conunissioner Thomas, the
minutes of August 15, 2007 were unanimously approved as presented.
11
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COMMITTEE REPORTS
• Historic Resources Advisory Board (HRAB) — 09/18/07 Mtg.
Conunissioner Oates reported that the HRAB discussed, proof -read, and edited the final version
of their changes to the History chapter of the Comprehensive Policy Plan. Conunissioner Oates said the HRAB
will meet next month to review the completed package before sending it on to the Comprehensive Plans and
Programs Subcommittee.
Sanitation Authority — 09/11/07 Mtg.
Conunissioner Unger reported that the Sanitation Authority discussed Dr. McAllister's right -of-
way where the Sanitation Department will have to go through a portion of his property. Con inissioner Unger
said that Dr. McAllister is requesting that the easement through there be narrowed and the Authority talked at
length about narrowing it as much as five feet, so not too many trees would need to be removed. Commissioner
Unger said rainfall for August was five inches, plants are operating about 80 %, flow is up because of the amount
of rainfall; and service charges were raised 2 %. The Authority is bidding out a project at Abrams Creek west to
Apple Vallev Road.
• Comprehensive Plans and Programs Subcommittee (CPPS) — 09/10/07 Mtg.
Commissioner Light reported that the CPPS discussed ways to improve the CPPA
(Comprehensive Policy Plan Amendments) process and is seeking public input from those who use the process.
Also discussed was the beginning of the Route 522 South Triangle to Route 277. Commissioner Light said this
has been on the books for numerous years and the CPPS is beginning to move forward with the study. In
addition, he said the Bicycle Plan was presented.
Sign Ordinance Woking Group — 09/4/07 & 09/11/07 Mtgs.
Commissioner Thomas reported that the Sign Ordinance Working Group will be meeting every
Tuesday evening moil the revised ordinance is updated. He conmrented that significant progress is being made.
He said the working group has four representatives from area industries: the gasoline, automobile, hotel, and
industrial parks industries are represented. Commissioner Thomas said height and square of signs were
discussed at the last meeting and a draft proposal was developed. He believed the revisi ;ns will clear up many
existing inconsistencies in the sign ordinance.
City of Winchester Planning Commission — 09/18/07 Mtg.
• Conunissioner Oates reported that Winchester Planning Commission discussed and/or acted on
the following four items: 1) Approved a site for a building addition and parking lot on Medical Circle.
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2) Discussed the Handley High School Site Plan, The Conuuission approved a portion of the plan pertaining to
the parking and entrance improvements on Jefferson Street. They tabled the portion of the plan dealing with a
bus pull -off area on Handley Boulevard that would destroy three mature trees and wanted to , 'consider alternatives.
3) Received the MPO Mobility Plan. The Commission just received their plans prior to the meeting and decided
to postpone making a recommendation until they had time to review the plan. 4) Discussed the City's
Comprehensive Policy Plan Update. They divided the process out into 30 detailed steps and will be starting the
process soon.
CITIZEN COMMENTS
Chairman Wilmot called for citizen conunents on any item thatwas not on this evening's agenda.
No one came forward to speak.
PUBLIC HEARING
Conditional Use Permit 405 -07 of the Catholic Diocese of Arlington, submitted by Greenway Engineering
for a spirituality retreat center on a 150 -acre property at 125 Old Kitchen Road. Th property is located
at Armel Road (Route 642) and Old Kitchen Road and is identified with P.I.N. 76-A!129 in the Shawnee
• Magisterial District.
Action — Recommended Approval With Conditions
Deputy Planning Director, Michael T. Ruddy, reported that the proposed use is for a
spirituality retreat center within the existing facility on a 150 -acre property, zoned RA (Rural Areas). Mr. Ruddy
said the proposed use is classified as 165 -51.0 and is consistent with the county's zoning ordinance. He said the
historical uses of the property included a monastery, a friary, and later as a residence and care center for elderly
friars, however, it has not recently been in operation for some time. Mr. Ruddy said the Catholic Diocese of
Arlington (CDA) is proposing to use the facility as a spirituality center for reflection, worship, retreats, and
meetings. The facility includes a chapel with approximately 100 seats, a cafeteria, meeting rooms, a library,
sleeping rooms, and supporting areas; there are also plans for using the property for outdoor passive recreational
trails. He said the CDA projects that as many as 160 people may use the facility at any one time; however, such
large scale gatherings would occur infrequently. More frequently, the facility would be used for small retreats. A
limited number of resident staff, no more than five, is anticipated.
Mr. Ruddy stated that the scope of the use should be based around the existing building and the
current health system and health limitations of the property. He said the existing facility currently operates under
a VPDES Permit and utilizes a zero discharge limit sewage lagoon. Future options that may be available to the
CDA include constructing an alternative waste water system on -site for their use that would meet current
standards. Although the CDA has expressed a desire to ultimately connect to public water and sewer, the
property falls well beyond the area in which public water and sewer is available by policy. Mr. Ruddy said the
responsible permitting agencies, both the Virginia Department of Health (VDH) and the Department of
Environmental Quality (DEQ), have been working with the CDA over recent months to evaluate the request and
• to evaluate the health systems. He said the DEQ foresaw no problems for the CDA to operate within the
parameters of their existing permit.
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In conclusion, Mr. Ruddy stated that a site development plan will be required prior to use of the
site and several site improvements would be required. The staff has also suggested that signs on the site be
limited in order to maintain the character of the facility and to ensure the facility continues to fit in with the
surrounding neighborhood. Mr. Ruddy read a list of recommended conditions, should the Commission find the
use to be appropriate.
Mr. Evan A. Wyatt, with Greemvay Engineering, was present to represent i he CDA. Mr. Wyatt
stated that the site has been actively used since 1960 and originally was a training facility for young priests. He
said in 1972, it functioned as a spirituality retreat center for almost 20 years; however, the use has not been
continuous since 1972. Mr. Wyatt stated that the structure is in good condition and has been inspected by both
the fire marshal and the building official on several occasions. He said the building is partially sprinkled and the
CDA plans to sprinkle all rooms that would be occupied by residents, overnight guests, and the meeting rooms.
Mr. Wyatt next spoke about the history of the water system and the alsocialed permitting
through the DEQ and the VDH. Mr. Wyatt said the DEQ will monitor the use monthly to verify the 1,600 gpd
limitation is not exceeded. He said the CDA's water system is not classified as a public system; however, the
CDA is going to follow recommended guidelines and conduct quarterly testing. Mr. Wyatt said a community
meeting was held and was well - attended. He said a conceptual site plan with some of the proposed improvements
was presented and input was received from the residents. Mr. Wyatt wanted to mention Ia few things for the
record. He said evergreen screening was proposed along Annel Road and the desire of1the corununity was
actually not in favor of that, but instead to do some flower and deciduous trees to enhance tlne appearance of the
property; they wanted to maintain an open view of the property. Mr. Wyatt said the residents were also advised
that the parking lot would have the landscaped screening with a three -foot high opaque element surrounding.
Another concern centered on the proposed passive trail systems on the 150 -acre site. He said there are a few
large -acre parcels surrounding the property and those adjoining property owners requested that the trail systems
do not get too close to the perimeter of the property line for privacy reasons and safety.
® Conunissioner Light inquired if any single -event outdoor activity would draw greater than 160
people; he was concerned about any potential traffic situations. In addition, Conunissioner Light asked if
multiple structures were proposed to be constructed. Mr. Wyatt replied said the CDA did riot foresee exceeding
160 people at a single event. Mr. Wyatt said no additional structures were planned; he said if the existing
building was expanded, they would have to come back with a modified CUP.
Chairman Wilmot called for public comments and the following person came forward to speak:
Ms. Teresa Settle, Shawnee District, said her property was the field directly across from the
monastery. She was concerned about the constant influx of people attending daily events, Monday through
Friday. Ms. Settle was concerned about whether the roads or the area could handle the volume.
Mr. Ken Brooks, a consultant with the Office of Planning, Construction, and Facilities for the
CDA, stated that the proposed program was an attempt to show what the maximum possible use might be of any
of their facilities. Mr. Brooks said they are totally constrained and will be operating under the pennit from the
DEQ, as well as the limitations on the water plant. He commented that on average, they are projecting about 20
people per day.
Commissioner Oates asked if any road or access improvements were planned out to Route 522.
Mr. Wyatt replied that they will be relocating the entrance drive across from an existing driveway on Amnel Road,
he said the only improvement along Annel Road will be a new cornmercial entrance design.
is
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• Corunissioner Manuel said it was important to consider the alternatives; he said this CUP
provides significant contribution to green space conservation. Commissioner Manuel next made a motion to
recommend approval of the CUP with the recommended conditions. This motion was seconded by Con
Thomas and unanimously passed.
BE IT RESOLVED, THAT the Frederick County Planning Conunission does hereby unanimously recommend
approval of Conditional Use Permit 905 -07 of the Catholic Diocese of Arlington, submitted by Greenway
Engineering, for a spirituality retreat center at 125 Old Kitchen Road, off Annel Road (Route 642), with the
following conditions:
1. All review agency comments shall be followed at all times.
2. An engineered site plan for the expansion of the parking area and access to the site shall be approved by
Frederick County and the improvements completed prior to starting this use.
3. No expansion of the existing building shall be permitted with this conditional use permit. Any expansion
of the use or building would require a new conditional use permit.
4. The resident staff shall not exceed five (5) people living in the facility at any one time.
5. No transit user or guest will be permitted to stay longer than thirty (30) days.
6. The maximun number of guests allowed to use the facility at any one time shall be one hundred and sixty
(160).
• 7. When required by the use of the facility, all federal, state, and local regulations applicable to public
waterworks, wastewater disposal, and restaurant operation will be complied with at all times.
8. CDA will operate the facility to comply with VPDES Permit No. VA 0089010 will. Modification Date of
January 10, 2007 and Expiration Date of March 31, 2010 and further direction of the Commonwealth of
Virginia Department of Environmental Quality.
9. Only off -site food preparation from a permitted facility will be allowed in conjunction with this
conditional use permit, exclusive of resident staff.
10. No more than one (1) entrance shall be permitted to access this property from Armel Road, Route 642.
11. No more than one (1) sign shall be permitted on this property. This sign shall be limited to 50 square feet
in size and shall be a monument style sign.
(Note: Conunissioners Molum, Morris, and Triplett were absent from the meeting.)
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PUBLIC MEETING
Master Development Plan 912 -07 of Revised Eastgate Properties, submitted by Patton Harris Rust &
Associates, PC (PHR &A) for industrial and commercial uses. The properties are located west of Front
Royal Pike (Route 522 South), immediately north and south of Maranto Drive on 111.49 acres, and north
and south of Tasker Road. The properties are further identified with P.I.N.s 87 -A -34� 87- A -34B, 87 -A -35,
87 -A -36, 87 -A -37, 76 -A -53, 76- A -53A, 76- A -53C, and 76 -A -48B in the Shawnee Magisterial District.
Action— Recommended Approval With Contingencies
Senior Planner Candice Perkins reported that this master development plan (MDP) is a proposal
to develop 111.49 acres, which consists of nine tracts of land, zoned B2 (Business General) and M1 (Light
Industrial), with commercial and industrial land uses. Ms. Perkins reported that the Eastern Road Plan of the
Comprehensive Policy Plan designates Tasker Road as an improved major collectorroad. With this development,
the applicant will be providing additional lanes on the east -bound and west - bomnd Tasker Road, making Tasker
Road four lanes from Route 522 to Rainville Road. In addition to the signalized entrances shop an on the plan, die
applicant proposes two right -in, right -out entrances on Route 522; one of those entrances was proffered with
Rezoning 402 -07 and the other connection is a new entrance. Ms. Perkins said that an additional new right -in,
right -out is proposed on Tasker Road, near its intersection with Route 522 The two new right -in, right -out
entrances shown on the MDP are subject to VDOT's approval at the site plan stage. Ms. Per]<hns stated that staff
is recommending that the two new right -in, right -out entrances be eliminated and the access into the properties
should be from signalized entrances only. She said the MDP shows the connection of Maranto Manor Drive to
Rainville Road, which was proffered with Rezoning 402 -07. In addition, the MDP shows a ten -foot bicycle path
along Route 522, as well as the northern side of Tasker Road, from Route 522 to the path that will be constructed
with the Tasker Woods development.
In conclusion, Ms. Perkins said the MDP for the revised Eastgate Properties depicts appropriate
land uses and appears to be consistent with the requirements of the zoning ordinance and the MDP is in a form
that is administratively approvable. She noted that the MDP is in accordance with the proffers for Rezonings
402 -07, 404 -97, 401 -98, and 402 -07.
Mr. Patrick Sowers, with Patton, Harris, Rust, & Associates (PHR &A) PC, pointed out the
locations for the right-in, right -out accesses: south of Maranto Manor on Route 522; north i £ Maranto Manor on
Route 522; and on Tasker Road, all subject to VDOT approval at time of site plan.
Connnissioner Oates asked Mr. Sowers if he would have any objection tolinclude an additional
note on the MDP, along with the statement that all right -in, right -out accesses will be subject to VDOT approval
at site plan, stating that the site plan is subject to approval by Frederick County according to the ordinance in
existence at the time. Mr. Sowers said that he would not have any objection to doing so.
Chainium Wilmot called for public comments. No one came forward and Chairman Wilmot
closed the public eori neat portion of the meeting.
Coranissioner Manuel stated that based on VDOT's approval and the MDP's consistency with
the requirements of the ordinance, he would make a motion to recommend approval of MDP 412 -07 of the
Revised Eastgate Properties with the inclusion of two notes on the MDP, specifically: 1) access will be subject to
VDOT approval at site plan and, 2) the site plan is subject to approval by Frederick County according to the
ordinance in effect at the time of site plan submittal. This motion was seconded by Commissioner Kriz and
unanimously passed.
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• BE IT RESOLVED, THAT the Frederick County Plarming Commission does hereby unanimously recommend
approval of Master Development Plan # 12 -07 of Revised Eastgate Properties, submitted by Patton Harris Rust &
Associates, PC (PHR &A) for industrial and cormnercial uses on properties located westlof Front Royal Pike
(Route 522 South) with the inclusion of two notes on the MDP, specifically: 1) access will be subject to VDOT
approval at site plan and, 2) the site plan is subject to approval by Frederick County according to the ordinance in
effect at the time of site plan submittal.
(Note: Commissioners Mohn, Morris, and Triplett were absent from the
COMMISSION DISCUSSION
911FA
Senior Plamier Candice E. Perkins reported that staff is presenting the site
Business Center Lot 16 to the Planning Commission for review and discussion. Ms. Perki
being presented for informational purposes only, due to its implications on the p
Independence Drive as shown on the Eastern Road Plan. She said the site is located on the
Drive, near its intersection with Victory Road within the Shawnee Magisterial District.
which is a planed major collector road, is planned to be realigned to connect with Victc
further south and then extended to Justes Drive, Ms. Perkins said the Commission's corm
will be forwarded to the Board of Supervisors at their meeting next Wednesday.
• A member of the Conniission stated that access to Lot 16 looks
Independence Drive and lie did not see any problems. No problems or issues w
Conirnissioners.
an for the Westview
said the site plan is
used relocation of
isting Independence
dependence Drive,
Road at a location
its and suggestions
a driveway out to
raised by the other
DISCUSSION OF A PROPOSED SUBDIVISION ORDINANCE AMENDMENT REGARDING THE
EXPANSION OF EXISTING RIGHT -OF -WAY
Senior Plamier Candice E. Perkins reported that the requirement for right -of -way dedication for
existing roads within Frederick County is covered under the Subdivision Ordinance, Section 144 -17E Expansion
of Existing Right -of -Way. Ms. Perkins stated that this portion of the ordinance requires dedication only when
property is proposed for subdivision. She read the section of the ordinance for the Commission. Ms. Perkins said
this section of the ordinance has become problematic in some circumstances due to the fact that it only requires
right -of -way dedication when property is being subdivided. Therefore, if a development proposal is submitted for
a property on an existing street that does not have adequate right -of -way, Frederick County cannot require it to be
dedicated, unless the applicant is willing to provide the right -of -way. Ms. Perkins explained that while staff has
worked with engineers, surveyors, and developers to ensure they are providing adequate right -of -way for all
projects, the wording has created problems and could potentially lead to some developments not dedicating
needed right -of -way.
Ms. Perkins next read the proposed amendment for the Commission. She said this proposed
• amendment was presented to the Development Review and Regulations Subcommittee (DRRS) at their meeting
on August 23, 2007 and the DRRS endorsed the text amendment as presented.
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Ma
Chairman Wilmot raised the issue of describing the right -of -way as, "one half" She questioned
if that was an appropriate description when discussing expanding a road; she said it may not necessarily be one
half. Chairman Wilmot asked for suggestions on an alternative description. Conunissioner Oates stated that in
practice, the engineering and surveying community understands that it is typically 50 Feet, if not more, and the
developer is responsible from the centerline back to the property owner's side. He did not think the language as
proposed would present a problem with the surveying and engineering community.
Conmussion members were in favor of the proposed amendment.
AND GUTTER AND STREET LIGHT REQUIREMENTS
Senior Planter, Candice E. Perkins, reported that in an effort to revise portions of the
Subdivision Ordinance for greater clarification, the proposed amendment has multiple aspects and includes
sidewalk requirements, lot size triggers, curb and gutter, and street lights. Ms. Perkins proceeded to review each
of the proposed amendments with the Commission.
Ms. Perkins stated that Section 144 -18, Sidewalks and Pedestrian Walkways, requires sidewalks
with certain development activities. She said this section of the ordinance has become Iproblentatic in some
circumstances because it only requires sidewalks on proposed streets and not existing streets. She explained that
• staff has worked with engineers and developers to ensure the provision of sidewalks for alI developments when
appropriate; however, the language of the ordinance has lead to some developments not providing sidewalks. Ms.
Perkins noted that four separate amendments are being proposed for this section and she read those to the
Commission.
Ms. Perkins said that Section 144 -33, Commercial and Industrial Design Standard Exemptions,
provide exemptions for commercial and industrial properties for curbs and gutters, sidewalks and pedestrian
walkways, and streetlights. She said this exemption allows commercial and industrial properties located on
collector and arterial streets to not provide sidewalks. Ms. Perkins explained the proposed amendment will
remove the exemption for sidewalks, but will leave the curb and gutter and street light exemptions.
Ms. Perkins said the Development Review and Regulations SubcommmitL (DRRS) discussed
these proposed ordinance amendments at their meeting of August 23, 2007, and all of the revisions were
supported. She noted that comments and suggestions from the Plarming Convnission will be forwarded to the
Board of Supervisors.
Conunissioner Oates spoke in favor of five -foot sidewalks in lieu of four -foot sidewalks and he
believed it should be the standard across the board. He couldn't think of any instance where a sidewalk couldn't
be made five feet.
Commissioner Thomas said there was considerable discussion on this subject at the DRRS.
Commissioner Thomas agreed with five -foot sidewalks across the board, however, there was difficulty with some
of the small lots and small frontages He explained that some of the small lots are planned so tight that an extra
foot could be a challenge for some developers. He noted a possible inconsistency in that local streets are a
• minimum of four feet, but a collector or arterial requires five feet. He thought there would be more pedestrians on
a local street rather than an arterial, but there could be persons riding bicycles along collector and arterials.
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Coninussioner Light commented that with all of the effort that has been put into the WinFred
MPO Bicycle and Pedestrian Mobility Plan and trying to get connectivity, it would seem that a five-foot sidewalk
across the board would interplay with any bicycle programs.
Conunissioner Oates said that VDOT was in the process of reviewing
OTHER
CANCELLATION OF THE NOVEMBER 21, 2007 REGULAR MEETING
Chairman Wilmot announced that the second regularly scheduled me
the evening before the Thanksgiving holiday. Chairman Wilmot received consensus
cancel the November 21, 2007 meeting.
RIGHT -IN, RIGHT -OUT ACCESS
issue.
in November falls on
i the Commission to
Commissioner Oates expressed concern about the frequency that right -in, right -out accesses
were coming up at recent Planning Commission meetings. He was most concerned about this tyCommissioner e of access on
• the major roads, such as Route 11 and Route 522. Commissioner Oates believed that if this issue was sent back
to the Transportation Committee, it might take considerable time to get resolved. IHe asked the other
Conunissioners for their thoughts on whether the subject should be sent back to the DRRS.
Commissioner Thomas stated that in some incidences, right -in, right -out accesses were
appropriate. However, he was not sure whether the Planning Commission or V DOT had clear criteria on when it
was reasonable to have a right -in, right -out versus a full intersection. Conunissioner Thomas said that on an
arterial road, with a 55 mph speed limit, the right -in, right -out access may not be appropriate.
Although this issue was on the agenda to be examined during the access management studies,
members of the Conunission believed something may be needed in the short temn to address the more recent
occurrences.
The consensus of the Pluming Commission was to make a request to the Board of Supervisors
for the Transportation Committee to take up the issue of right -in, right -out accesses for discussion.
SIGN COMMITTEE WORKING GROUP
Conunissioner Thomas commented that the Sign Committee Working Group is having excellent
interchanges with industry representatives and the subject of parking lots was raised at the last meeting.
Commissioner Thomas said he would like the Planning Commission to reconsider specifications for commercial
• parking lots. He said he was not certain why the county should specify the amount of parking spaces required per
square foot when the business itself is who should determine parking lot size for their customers and the purpose
of their business. Conunissioner Thomas said it seemed to him that the majority of parking lots in Frederick
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County were 90% empty on any given day. He commented about the excessive amounts of impervious surface
• that creates run -off, pollution, and maintenance problems. He suggested alternatives such as pervious paving or
green areas. Other Commissioners agreed and the staff said they would gather information for discussion at the
next working group meeting.
ADJOURNMENT
There being no further business to discuss, the meeting adjoumed at 8:00 p.m. by a unanimous
vote.
Respectfully submitted,
Wilmot, Chairman
Lawrence, Secretary
\J
•
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