PC_05-20-09_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 May 20, 2009.
PRESENT: June M. Wilmot, Chairtnan/Member at Large, Brian Madagan, Opequon District; Gary R.
Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District, H. Paige Manuel, Shawnee District; Charles
E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Christopher M. Mohn, Red Bud District;
Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; and
Roderick Williams, Legal Counsel.
ABSENT: Roger L. Thomas, Vice Chaimran/Opequon District; Richard Ruck Stonewall District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning 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.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Conmission unanimously adopted the May 20, 2009 agenda for this evening's meeting.
MINUTES
Upon motion made by Conunissioner Kriz and seconded by Commissioner Triplett, the Planting
Commission unanimously approved the minutes of the April 1, 2009 meeting.
COMMITTEE REPORTS
Transportation Committee — 05/18/09 Mtg.
Commissioner Oates reported that the Transportation Committee discussed three items: The
first was the County's study of TIA (Transportation Impact Analysis) requirements; the committee continued to
fine tune the language and will invite a representative from the Top of Virginia Builders Association to attend the
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next meeting. He said this should finalize the study. The second item was an informational update from the
Deputy Director - Transportation regarding new Street Acceptance Requirements from VDOT. The final item was
also an informational update from VDOT regarding the speed limits and signage on Apple Pie Ridge Road.
VDOT will be placing larger speed limit signs to alert drivers.
Sanitation Authority (SA) - 05/19/09 Mtg.
Conunissioner Unger reported that the SA held election of officers and the existing officers were
re- elected. Conunissioner Unger reported rainfall for the month of March was up at 3.3 inches and was much
needed because area groundwater is still down due to the absence of winter snow. He said there was 4.95 mg of
flow per day; about 1.3 mgd continues to be purchased from the City of Winchester. He said the SA is striving to
reduce that amount to 1.2 mgd, the City of Winchester will soon be raising their rates about 11 %. Commissioner
Unger reported that the Diehl Plant was running at full capacity in March because of rainfall; the Parkins Mill
plant was also running well, but at full capacity. He added that the Parkins Mill Plant is still on schedule to be
finished this fall.
Community Facilities Subcommittee - 05/15/09 Mtg.
• Commissioner Kriz reported that the subcommittee discussed: 1) the fomnat ofthe Conninunity
Facilities Chapter update and became familiar with how the Chapter is going to be set up; 2) the coordination of
each individual department sections into the Chapter; this will be accomplished by staff with assistance of Jim
Golladay and Joanne Leonardis; 3) new material that each department would want to include in the update; and,
4) a coordinated approach to obtaining early public input. Commnissioner Kriz reported that the group will be
meeting again on Friday, June 5, to present their sections of the Chapter update.
Appointment to Comprehensive Plans & Programs Committee
Chairman Wilmot announced that Commissioner Madagan has agreed to serve on the
Comprehensive Plans & Programs Comnnittec. She noted that Commissioner Madagan is specifically interested
in the business development chapter.
CITIZEN COMMENTS
Chainnan Wilmot called for public comments on any subject not on the Commission's agenda
for this evening. No one came forward to speak.
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PUBLIC HEARING
Conditional Use Permit 403 -09 for Charles and Ruth Hale for a country general store at 7517
Northwestern Pike, at the corner of Route 259 and Route 50. This property, zoned RA (Rural Areas) is
identified with P.I.N. 27 -A -47 in the Back Creek Magisterial District.
Action — Recoimnended Approval with Conditions
Commissioner Oates said he would abstain from all discussion and voting on this conditional use
permit due to a possible conflict of interest.
Zoning and Subdivision Administrator, Mark R. Cheran, reported that a country general store is
a pemritted use in the Rural Areas (RA) Zoning District with an approved conditional use permit (CUP). Mr.
Cheran said the proposed use will occur within a 1,560 square -foot building; no on -site vehicle fuel sales or
outdoor display areas will be pemnitted on the premises. He said the use will have carry-out food sales only and
no seating for meals will be available on the site. He noted that an approved site plan will be required prior to
operation of the proposed country store. Mr. Cheran noted that the proposed use is consistent with the goals and
policies of the Frederick County Comprehensive Plan with regards to the rural areas. He nest read a list of
recommended conditions, should the Conunission find the use to be appropriate.
Mrs. Ruth Hale and Mr. Charles Hale were available to answer questions from the Commission.
Conu rissioner Kriz asked the applicants if they were satisfied with the conditions to be attached to the permit.
Mrs. Hale said they were satisfied and in agreement with the proposed conditions.
40 Connnnissioner Unger asked the Hales if they were planning on doing any improvements to the
outside of the stricture. Mrs. Hale said they have hired a contractor and have already started the improvements.
Mrs. Hale said they also had the building official, MT. John Trenary, come out to the site and they have received all
the necessary permits.
Chairman Wilmot called for citizen comments; however, no one came forward to speak.
Conunissioner Watt said he lived fairly close to this site and he travels by it frequently. He said
it has not been in operation for the past 10 -12 years. Conunissioner Watt believed Mrs. Hale was trying to do the
right things and work with the County to improve the appearance of the site and structure.
Commissioner Watt made a motion to reconunend approval of the conditional use permit with
the conditions as recommmended by the staff. This motion was seconded by Commissioner Unger and was
unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Connnission does hereby unanimously recommend
approval of Conditional Use Permit 903 -09 of Charles and Ruth Hale for a country general store at 7517
Northwestern Pike, at the comer of Route 259 and Route 50, with the following conditions:
L All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted and approved by Frederick County and implemented prior to
operating store activities on site.
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3. One monument sign shall be allowed on the property; the sign shall be limited to 50 square feet in area.
The sign shall not exceed ten feet in height.
4. No on-site vehicle fuel sales allowed.
5. No outdoor display of goods.
6. Carry -out food only; no seating allowed for meals.
7. Any expansion or change of use will require a new conditional use permit.
(Note: Commissioner Oates abstained; Conmiissioners Thomas and Ruck - man were absent from the meeting.)
PUBLIC MEETING
Rezoning 902 -09 of the Bishop -Amari Property, submitted by Greenway Engineering, to rezone 2.77 acres
from RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses. The
property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Old
Charles Town Road (Route 761). The property is further identified with P.I.N. 44 -A -43 in the Stonewall
Magisterial District.
Action — Recommended Approval with Proffers
Deputy Planning Director, Michael T. Ruddy reported the Planning Commission held their
public hearing on this rezoning at their April 15, 2009, meeting. Mr. Ruddy said following that public hearing,
the applicant provided the Planting Conm ission with an updated proffers statement, dated April 27, 2009. He
said the revised proffers statement includes several modifications discussed by the Plamung Conmussion, such as
the shared site access from Old Charles Towu Road (Route 761), and a variety of design elements, such as the
gasoline pumps and landscaping along both road frontages, as well as the transportation impacts associated with
the request. Mr. Ruddy also noted that the applicant's proffered monetary contribution aimed at mitigating
transportation impacts at the intersection of Martinsburg Pike and Hopewell and Bmcetown Roads has increased
from $5,000 to $10,000. He said the proffer also has the potential to increase to $25,000 if a convenience mart
with gas pumps is developed on the property.
Mr. Evan A. Wyatt, with Greenway Engineering, was representing this rezoning application.
Mr. Wyatt noted that the right -of -way dedication plat accounts for the right -of -way that VDOT and Frederick
County concluded would be necessary to implement the ultimate road section for the urban four -lane divided
highway on Martinsburg Pike (Rt. 11) and for the urban two -lane section on Old Charles Town Road (Rt. 761).
Mr. Wyatt said this dedication comprises 3/10 of an acre of a 2.7 -acre site and, as a result, the developable area of
the property has been reduced to 2.4 acres. He said the pavement improvements prepare the property's frontage
for future Route 11 improvements, which includes the two northbound travel lanes and a separate channelized
front -turn lane. On Old Charles Town Road, pavement will provide a right -turn lane into the entrance, a
chamrelized right -turn lane with raised median improvements, curb and gutter, and a five -foot sidewalk along the
® entire property frontage.
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® Regarding the right -turn in, right -turn out entrance off Martinsburg Pike (Rt. 11), Mr. Wyatt said
the applicant has significantly extended the island median, creating a chamnelized movement for turning into the
property and it discourages left -turn movements.
Mr. Wyatt noted that during the previous meeting, the Commission wanted assurances that the
number of fueling pumps would be limited to eight total stations with a total of 16 fuelingpumps. Mr. Wyatt said
he spoke with Kim Rice at H.N. Funkhouser to determine if there was industry- standard language and the term
utilized is "fueling positions," so the proffer has been refined to state, "a maximum of eight pumps with two
fueling positions each, for a total maximum of 16 fueling positions." He said an additional request at the
Planning Commission meeting was to make sure the reciprocal egress /ingress easement for the two properties was
solely for access to Old Charles Town Road (Rt. 761); lie said this has been provided for in the proffer statement.
He said another issue raised by the Planning Commission was who would maintain the plaza
area, as well as the kiosk sign. Mr. Wyatt said it was determined that the plaza and kiosk will be maintained by
the commercial property ownners. In addition, he said more specificity on the types of landscaping plantings to be
used was added to the proffers, which was satisfactory to the staff.
Mr. Wyatt said the County Attorney had requested more clarification on when the right -of -way
dedication would occur. Mr. Wyatt said language has been crafted with VDOT's concurrence and was provided
to the Commonwealth prior to the issuance of the VDOT land use permit necessary to consiruct the
improvements.
Regarding the revised monetary contribution for the Hopewell/ Brucetown Road improvement
project, Mr. Wyatt said the amount was increased to $10 and if a convenience store with gasoline pumps was
• developed on the property, the contribution would be increased to $25,000. He explained that this dollar amount
was based on the traffic study -6,500 vehicle trips projected to be generated by this site based on the proposed
land use. Of those 6,500 vehicle trips, about 5,200 trips are associated with the convenience store with gasoline
pumps. Mr. Wyatt said the applicants are willing to further increase the contribution, with the approval of the
rezoning, from the $10,000 contribution to a $25,000 contribution and, if the convenience store with gasoline
pumps would be the land use developed, the $25,000 contribution would increase to $50,000. He said this
contribution clearly makes this proposal in complete parity with surrounding projects.
Members of the Commission asked if the access drive at the rear of the property could be shifted
to the east and the entrance moved on Old Charles Town Road (Rt. 761), thereby eliminating the inactive portion
of the buffer and gaining the applicant 25 feet. Planning Director, Eric R. Lawrence, stated that there is an
opportunity for the two property owners to enter into a shared easement agreement. Mr. Lawrence said the
inactive portion could be placed on the MI and the road constructed down the property line, however, the
applicant would have to have an agreement with the adjacent property owner.
Commissioner Oates inquired about Parcel Nunber 42, the Cutshaws' property; he asked if
there were any discussions with them about moving the entrance further down. Mr. Wyatt said discussions with
the Cutshaws has been minimal; he said they provided the Cutshaws with an exhibit, however, they wanted to
meet with other family members and have not yet made a decision on whether they are willing to work with the
applicant.
Chairman Wilmot called for citizen convnents; however, no one came forward to speak.
Commissioner Oates made a motion torecommend approval oftherezoning with the acceptance
• of the change in the proffered transportation dollar amount for the Hopewell/ Brucetown Road improvements
from $10,000 to $25,000 and, if the convenience store with gasoline pumps Nvould be the land use developed, the
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$25,000 contribution would increase to $50,000. Comnnissioner Oates also included a recommendation that
is moving the entrance on Old Charles Town Road (Rt. 76 1) further east be fully discussed and considered with the
owners of Parcel Number 42 and a response provided before this rezoning is forwarded to the Board of
Supervisors. This motion was seconded by Commissioner Kriz and unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Conunission does hereby recommend approval of
Rezoning 902 -09 of the Bishop -Amari Property, submitted by Greemvay Engineering, to rezone 2.77 acres from
RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses, with the
acceptance of the change in the proffered transportation dollar amount for the Hopewell/ BrucetoNn Road
improvements from $10,000 to $25,000; and, if the convenience store with gasoline pumps would be the land use
developed, the $25,000 contribution would increase to $50,000; and, with a recommendation that moving the
entrance on Old Charles Town Road (Rt. 76 1) further east be fully discussed and considered with the owners of
Parcel Number 42 and a response provided to the county before this rezoning is forwarded to the Board of
Supervisors.
(Note: Commissioners Thomas and Rucknnan were absent from the meeting.)
COMMISSION DISCUSSION
Discussion of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV,
Supplementary Use Regulations, to include outdoor lighting standards.
® Senior Planner, Candice E. Perkins, reported that outdoor lighting has become an issue overthe
past few years because the zoning ordinance contains no standards to regulate the intensity or placement of
lighting. Ms. Perkins said the only requirement currently within the ordinance is that lighting will not create a
nuisance due to glare. She said the staff has drafted some lighting standards to better regulate the levels. Ms.
Perkins said the Planning Commission discussed this proposed ordinance amendment on October 15, 2008, and
forwarded a favorable recommendation to the Board of Supervisors. She said the Board discussed the
amendment at their October 22, 2008, and, at that meeting, the Board expressed concerns over lighting sources,
the basis for proposing lighting levels, and issues regarding canopy lighting, as well as enforcement of the
ordinance. She said the Board ultimately requested that the proposed amendment be sent back to the Planning
Conunission for further discussion. Ms. Perkins said the ordinance before the Commission this evening is a
slightly modified version of the standards the Conunission previously reviewed.
Ms. Perkins said the proposed standards include elements that apply to non - residential and
residential uses; they include maximum heights for lighting fixtures, shielding requirements, requirements for
photometric plans to be included with site plans, intensity maximums for commercial and multi - family uses, and
also definitions which correspond to the new lighting standards. Ms. Perkins noted that this ordinance does not
require lighting, but sets maximum levels for lighting for users that want outdoor lighting. She said enforcement
of the ordinance will be by the Planning Department. She added that the ordinance strives to ensure that lighting
is installed properly when sites are initially developed, so the Planning Department doesn't have to go back later
with complaints from adjacent property owners.
Commissioner Kriz asked if other counties have similar ordinances and Ms. Perkins replied that
most surrounding counties already have a similar outdoor lighting ordinance in place.
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• Conunissioner Manuel inquired if the term, "completely screened," is an active screening
element such as landscaping or fencing. Ms. Perkins said it is a reference for full cut -off fixtures ordirectionally
shielded light, so it faces the ground. She said no additional buffers, such as fencing, would be required.
Conunissioner Ambrogi asked if the proposed ordinance would apply to private homes in
subdivisions, as well as commercial and industrial uses. Ms. Perkins replied it would not apply to residential
properties, such as single- family dwellings; however, it will apply to properties with parking lots, such as
townhouses, condominiums, etc. She said if parking lot fixtures are installed within a residential parking lot, the
outdoor lighting ordinance would need to be followed. She noted that if a homeowner installs private lighting, it
would not apply, holiday lighting is also exempt.
Conunission members believed the proposed ordinance would provide the Planning Staff with
the tools needed to implement the intent of the existing ordinance. Since the amendment did not pertain to
residential homes or holiday lighting, and it focused only on commercial and industrial uses, the Commission did
not believe it would create a significant change.
Ms. Perkins said this item was being presented for discussion at this time. She said the
continents from the Pluming Conunission would be forwarded to the Board of Supervisors.
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY STREET ACCEPTANCE
• Deputy Planing Director - Transportation, Jolm A. Bishop, reported that staff has been following
and tormenting on the Secondary Street Acceptance Standards since the first version was released back in 2007.
Mr. Bishop said the standards have changed a fair amount since its initial release, but lately it has received more
attention as the public has become aware of issues such as cul -de -sacs. Mr. Bishop wanted to provide an update
on the standards and hopefully, ease some of the fears and help to educate the public on what it is, and is not,
intended to accomplish.
Mr. Bishop said the basics for getting an individual street into the system have basically stayed
the same; he said the requirements still include the necessary three lots and there still needs to be a public benefit
to the citizens. Mr. Bishop next talked about the cul -de -sac issue and why it has gained so much attention. He
said there will be fewer cul -de -sacs with new approvals because of the introduction of a connectivity index. He
said the connectivity index is basically the number of street segments divided by the nu nber of intersections,
which will provide a ratio number. This number is broken out into different area types. First, is the compact area
type, which is mostly urban development areas, with a connectivity index of 1.6; next is the suburban type, which
are areas outside of the UDA, with a connectivity index of 1.4; and the rural areas have no connectivity index
applied, however, there are still issues that will affect some of the Rural Preservation Subdivisions, which is
where there are more cul -de -sacs.
Mr. Bishop showed a map indicating the areas where the connectivity index wouldbe applied by
VDOT. He said VDOT has empowered localities to detemnine where they would like these areas applied,
however, it is not intended for counties to apply the rural areas standard to their entire county in order to opt out.
If there are parts of the UDA that are better served with a suburban standard, it can be applied, or if there are
parts of the suburban area that would be better served by a compact area type, that can be allowed. Mr. Bishop
said it would also allow comities to deal with planning for their rural community centers. He said, for example, it
• may be more responsible with planning to apply a suburban standard as opposed to leaving the community
centers with a rural standard. Mr. Bishop proceeded to explain the details of the standards for the Commission.
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• Commissioner Oates asked about a situation where steep topography wouldn't necessarily make
the best road, but connectivity to the adjoining property was required to be constructed. Mr. Bishop replied there
were items that reduced the burden of the connectivity index and topography was just one of those. He said
VDOT will reduce the obligation for connectivity based on any limitation the property might have, such as
topography, a bordering limited access highway, an incompatible neighboring use, or some other obstacle.
Mr. Bishop said concern was expressed that the county may end up with the responsibility for
various roads beginning July 1. He explained that VDOT has a very liberal grandfathering policy and basically, if
some level of approvals and vesting has been received before July 1, 2009, you will be grandfathered and there is
currently no expiration date for the grandfathering.
Commissioner Oates asked why cul -de -sacs presented a problem. Mr. Bishop replied there
wasn't anything intrinsically wrong with cul -de -sacs; however, in some areas of the state there are developments
consisting almost entirely of cul -de -sacs. Mr. Bishop explained the problem with that is it creates a development
that relies on a single connection point to the main roads of the connmunity. He said this results in putting a much
greater burden on existing streets as opposed to making connections and defusing traffic; he said motorists would
not have to drive two miles to a connection they were actually only a half mile from.
Conunissioner Oates gave an example of developing a 200 -acre parcel and the connection was
made to a property that had poor access. He said with the new connection, the adjoining property can now
develop his property, which he couldn't do before. Con mussioner Oates asked if the property owner had an
obligation to pay anything towards the road that was constructed to make his property valuable. Mr. Bishop said
this issue was discussed at VDOT training; however, it was determined to be easier to make each property owner
responsible for his own.
Mr. Bishop said it will be important to review Frederick County's ordinance as it relates to cul-
de -sac lengths in order to avoid a conflict. He said it will also be important for the county to decide where it
wants the different standards applied so that the county can make those areas work best for what we have
planned.
No action was needed by the Commission at this time.
CANCELLATION OF THE PLANNING COMMISSION'S JUNE 3, 2009 MEETING
Chairman Wilmot announced there were no pending applications for the Conunission's June 3,
2009, meeting.
Upon motion made by Conunissioner Kriz and seconded by Commissioner Triplett, the Planning
Commission voted unanimously to cancel their June 3, 2009, meeting.
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ADJOURNMENT
• No fwther business remained to be discussed. Upon motion made by Commissioner Kriz and
seconded by Commissioner Triplett, the meeting was adjourned at 8:00 p.m. by a unanimous vote.
Respectfully submitted,
LAS
Chairman
Secretary
C �
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