HomeMy WebLinkAboutPC_12-05-07_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 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 Commissioner Oates and seconded by Conunissioner Thomas, the
Planning 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.
•
Frederick County Planning Commission Page 2149
Minutes of December 5, 2007
-2-
COMMITTEE REPORTS
Route 277 Triangle Study Group
Commissioner 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
Chainnan.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)
I
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.
Commissioner 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 nr the
Comprehensive Policy Plan.
Winchester Planning Commission — 11/20/07 Mtg.
. Chairman Wilmot read Commissioner Kriz's report from the Winchester Planning
Commissions 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
Frederick County Planning Commission Page 2150
Minutes of December 5. 2007
-3-
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 comments 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) #005 -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 permit 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 Commission 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 Commission. 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 W ardensville 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).
Frederick Count}' Planning Commission rage t t :) i
Minutes of December 5, 2007
-4-
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 410. 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 concems about water rum -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 411. 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 96, 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.
until 6:00 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 #5, 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 mmnber 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- ow,med trucks
would be in cooperation with VDOT and the applicant. Mr. hmgram said VDOT and Mundy Sand have agreed to
meet yearly to discuss road improvements.
Chaimman 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 Conunissioner Unger, seconded by Commissioner Light, and
Frederick County Planning Commission Page 2152
Minutes of December 5, 2007
-5-
unanimously passed to include the correspondence as part of the official record.
. Chairman Wilmot neat 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 continercial 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 corrunercial 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 theirwheels in the
ditches. Ms. Salyrs was concerned about school buses and commercial trucks passing safely; she was also
concerned about dust because other 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 lie is employed as a conmtercial truck
driver and travels Brill Road frequently in his commercial vehicle. He said from the turn 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 came 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 commented that Conditions 92, 43, 45, and 48 are covered by either the
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.
Conunissioner 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.nr. would be suitable.
Commissioner 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
0 should be some control and limitations set to take care of the surrounding residents
Frederick County Planning Commission Page 2153
Minutes of December 5, 2007
At this point, Chairman Wilmot reviewed the proposed conditions with the Commission
• members, as follows: 44— remains the same; 46 —Hours of operation will be 7:00 a.m. until 4:00 p.m. No Sunday
operations; 42, #5, and 48— 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 # 11, 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 impact 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 mining operation and not a commercial, retail use, in order to
control truck trips.
A member of the Conunission commented lie would prefer the property be rezoned instead of
using a CUP to mine the property, especially if the intensity of the use increases. Commission 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.
Commissioner Unger moved to recommend approval of CUP 406 -07 of Mundy Sand, L.L.C.
with the conditions as modified by the Planning Conunission..This motion was seconded by Commissioner
Thomas and unanimously passed.
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend
is 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:
1. 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.
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). '
Frederick County Planning Commission Page 2154
Minutes of December 5, 2007
-7-
9. Truck departure and arrival times shall be controlled to avoid encounters with school buses during
is 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 M 1
(Industrial Limited). The applicant is proposing one public entrance and the new road, Sunflower Drive, conies
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 Conunission 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 shoNvn on the proffered GDP and the
MDP. She noted that the cul -de -sac waiver is a Planning Conunission 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.
L
Frederick County Planning Commission Page 2155
Minutes of December 5, 2007
-8-
Mr. Patrick Sowers, with Patton, Harris, 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 Conunission suggested the Development Review and Regulations
Subcommittee reconsider the maximum cul -de -sac length requirement, based on the number of waivers thathave
been recently requested and granted to exceed the length requirement.
Waiver of Cul -de -Sac Length Requirement - Approved
A motion was made by Commissioner 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 Molm and passed by the following majority ,vote:
i
i
YES (TO ALLOW 30 LOTS) Unger, Watt, Manuel, Morris, Oates, Triplett, Kerr, Mohn, Wilmot
i
NO: Light, Thomas (Note: Commissioners Kriz and Ours were absent.)
MDP #11 -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 Planting Commission does hereby approve a waiver of Section
144- 17G(1) to exceed the maximum cul -de -sac length requirement by 1,400 feet: and recommends approval of a
waiver of Section 144- 17G(1), to exceed the maximun number of lots permitted on a cul -de -sac by five lots for
• the Glendobbin MDP.
Frederick County Planning Commission Page 2156
Minutes of December S, 2007
m
• BE IT FURTHER RESOLVED,THAT the Frederick County Planning Commission does hereby recommend
approval of MDP 411 -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 -tum 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 ordinarice.l 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.
Frederick County Planning Commission Page 2157
Minutes of December 5, 2007
-10-
Commissioner Oates made a motion to recommended approval of MDP 413 -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 MDP 413 -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 improvement project requests. He said the CPPS endorsed the
CIP and endorsed its conformance with the Comity's Comprehensive Policy Plan. Mr. Ruddy said it is the role of
the Planning Commission to affirm that the 2008 -2009 CIP is in conformance with the 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. Commissioner 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
-i1-
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 inquired about projects 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 " Ilag" sign.
Chairman Wilmot congratulated the members of the DRRS for their excellent work on producing
the revised sign ordinance.
discussion.
Staff stated that the ordinance will be forwarded to the Board of Supervisors with comments for
Conunissioner Oates made the suggestion that the Comprehensive Plans and Programs
• Subcommittee 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 fornuning
operations.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 8:45 p.m. by a unanimous
vote.
Respectfully submitted,
W
M. Wilmot, Chairman
Eric R/. Lawrence, Secretary
0
Frederick County Planning Commission Page 2159
Minutes of December 5, 2007