PC_06-17-09_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 June 17, 2009.
PRESENT: June M. Wilmot, Chairman /Member at Large; Brian Madagan, Opequon District; Gary R.
Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H.
Paige Manuel, Shawnee District, Charles E. Triplett, Gainesboro District, George J. Kriz, Gainesboro District;
Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Kevin 0. Crosen, Back Creek District;
Roderick Williams, Legal Counsel, and Gary Lofton, Board of Supervisors Liaison.
ABSENT: Roger L. Thomas, Vice Chainnan/Opequon District; Christopher M. Mohn, Red Bud District.
STAFF PRESENT: Eric R. LaQlrence, 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. Arletta, Clerk.
CALL TO ORDER
0 Chainnan Wilmot called the meeting to order at 7:00 p.m.
INTRODUCTION OF KEVIN 0. CROSEN, NEWLY- APPOINTED BACK CREEK DISTRICT
COMMISSIONER
Chairman Wilmot welcomed the newly - appointed Back Creek District Commissioner, Mr. Kevin
0. Crosen, to the Planning Commission.
RESOLUTION OF APPRECIATION — CORDELL WATT, BACK CREEK COMMISSIONER
Chairman Wilmot announced that Commissioner Cordell Watt. Back Creek Representative, will
be leaving the Planning Commission after eight years of service.
A Resolution of Appreciation to Commissioner Watt from the Planning Commission was read
by Commissioner Unger and presented to Commissioner Watt. Commissioner Watt thanked the Planning
Commission. Conunissioner Watt spoke about how he had enjoyed serving on the Comnussion and, particularly,
being a part of the Rural Areas Study.
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ADOPTION OF THE JUNE 17, 2009 AGENDA
Upon motion made by Conunissioner Kriz and seconded by Conunissioner Triplett, the Plamw7g
Commission unanimously adopted the June 17, 2009 agenda for this evening's meeting.
MINUTES
Upon motion made be Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Commission unanimously approved the minutes of the April 15, 2009 meeting.
Upon motion made by Connussioner Kriz and seconded by Connnissioner Triplett, the Planning
Commission unanimously approved the minutes of the May 6, 2009 meeting.
COMMITTEE REPORTS
• New Committee Assignment— Conservation Easement Authority
ChainnarrWilmot announced that Conunissioner Charles Triplett has agreed to serve as the
Conunission's liaison to the Conservation Easement Authority, in order to fill the vacancy left by retiring
Conmussioner Watt.
Community Facilities Subcommittee — 06/19/09 Mtg.
Conunissioner Kriz said the Community Facilities Subcommittee will be meeting on June 19,
2009, and they will discuss the coordination and content of individual departmental sections, including new
material. He said they will also discuss a coordinated public input approach.
Economic Development Commission (EDC) — 06/12/09 Mtg.
Commissioner Kerr reported that the only topic of discussion, which is a vital and important one,
was the funding of the EDC. Commissioner Kerr said the EDC had prepared their budget for the upcoming year
]mowing they were probably facing a 15% reduction from the City of Winchester; however, they were recently
• informed they had lost all of the City of Winchester's funding. He said the EDC is faced without $72,000 for the
upcoming year and there are difficult decisions to be made. Commissioner Kerr said it will be business as usual
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for the inunediate future. He added that the City of Winchester has assured the EDC that if revenue becomes
available, they will revisit this issue.
Sanitation Authority (SA) — 06/16/09 Mtg.
Commissioner Unger reported that the SA anticipates 200 new customers this year, which is
down considerably from past years, new connections in previous years were between 450 and 600. Conuivssioner
Unger also reported the following items: rainfall for the month of May was very good at 8.8 inches, which has
helped the quarries; the Dichl plant is producing 1.6mgd of water; the Anderson plant is producing 1.8mgd; and
1.lmgd is being purchased from the City of Winchester. Commissioner Unger noted that with the increase in
rates by the City of Winchester, the average homeowner in Frederick County will be affected by an increase in
rates of approximately $12 -$15 every two months.
Historic Resources Advisory Board (HRAB) - 06/16/09 Mtg.
Conmiissioner Oates reported that the HRAB welcomed two new members, Mr. Clint Jones and
Mr. Bob Hess, Ms. Rhoda Kriz was re- elected as Chairnnan; and Ms. Libby Fravel was elected as Vice Chairman.
He said there was one item on the agenda, the Bishop -Amari property on Route 50 West. He said there were two
comments: I) gasoline stations were not proffered out and allowing this use presented a compatibility issue with
• the historic nature of adjoining properties; 2) the applicant was strongly urged to use a similar buffer and
screening with a tree save as the National Lutheran Home.
Comprehensive Plans & Programs Executive Committee — 06/22/09 Mtg.
Commissioner Kriz reported that the Comprehensive Plans & Programs Executive Committee
will be meeting on Monday, June 22, 2009, at 9:30 a.m. He. said the three items submitted were: 1) CPPA 401-
09 of Opequon Crossing for an Eastern Road Plan Revision: 2) CPPA 902 -09 of Newtown Commercial for a
SWSA Expansion of 79.1 acres; and 3) CPPA 403 -09 of Rock Harbor Golf Course for a SWSA Expansion of
259.43 acres. Commissioner Kriz said this will be ajoint meeting with the Transportation Conu7vttee because of
the request for a revision to the Eastern Road Plan.
Development Review & Regulations Committee (DRAG) — 05/28/09 Mtg.
Commissioner Unger reported that the DRRC had discussions on the following items: I) height
requirements in the HE (Higher Education) District; 2) landscaping requirements in the RA (Rural Areas) Zoning
District; 3) buffer requirements and buffer waiver opportunities for properties with different zoning districts
• contained on the same MDP (master development plan); 4) Chapter 165 Revisions to restructurethe ordinance by
revising the numbering method currently utilized and to relocate existing sections; and, 5) revisions to the
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Minutes of June 17. 2009
definition of attached dwellings within the zoning ordinance.
Cl
Chairman Wilmot called for public comments on any subject not on the Commission's agenda
for this evening and the following persons came fonvard to speak:
Ms. Rebecca Bronson. FCVEN President, Gainesboro District. and Ms. Cathy Shultz, FCVEN
member, were representing the FCVEN (Frederick County, Virginia Equine Network). Ms. Bronson said they
wanted to introduce the organization to the Planning Commission and to inform the Commission about the
increasing presence of horses and horse people in Frederick County. The Commissioners were provided with a
copy of the 2009 FCVEN Directory, in which there were a number of equine- related businesses represented; she
said their network consists of about 65 horse owners, businesses, and other organizations. Ms. Bronson invited
the Planning Commission to their upcoming legislative hayride in September at Wagon Wheel Ranch, she said the
organization is interested in getting to know their local legislative representatives. Ms. Bronson said there are
over 1,000 horses in Frederick County, according to the 2006 National Agricultural Statistical Survey conducted
by the USDA. She said those 1.000 horses represent about 2.8 million dollars in economic activity in Frederick
County. Ms. Bronson spoke about the activities and sponsorships their organization is involved with. She said
they hoped this cormection would benefit Frederick County economically as well as socially and help to maintain
the rural character of the County as well.
PUBLIC HEARING
Rezoning Application 903 -09 of Walgreens at Dairy Corner Place, submitted by Patton Harris Rust &
Associates, Inc. (PHR &A), to rezone 3.1 acres from RP (Residential Performance) District to B2 (Business
General) District with proffers and 0.9 acres from B2 to B2 District with proffers, for a total of 4.0 acres
of commercial use. The properties are located at the southeast corner of the intersection of Berryville
Pike (Rt. 7) and Valley Mill Road (Rt. 659), adjacent to Dairy Corner Place. The properties are further
identified with PINS 54F-1-9,54F-1-9A, 54F -A -30, 54F -3 -A, 5417-3 -A1, 54F -3 -A2, and 54-A-1 12C in the
Red Bud Magisterial District.
Action — Recommended Approval with Proffers
Deputy Planning Director, Michael T. Ruddy, reported that this application is a new version of
REZ 412-08 which was previously heard by the Planning Commission on December 17, 2008, and subsequently
tabled for an unspecified period of time, based upon a request by the applicant. He said the applicant officially
withdrew REZ 412-08 to proceed with REZ #03 -09, which supersedes the original application. Mr. Ruddy noted
that this new application, REZ 403 -09, is substantially different in that it includes additional property.
Mr. Ruddy explained this application is to rezone five entire parcels and a portion of an
additional parcel, totaling four acres_ from the RP (Residential Performance) District to the B2 (Business
General) District, with proffers, which is consistent with the land use designation of the Comprehensive Policy
Plan. Mr. Ruddy said the proposal calls for commercial land uses, including a 15,000 square -foot pharmacy, in
• addition to 10,000 square -feet of general commercial uses.
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• Mr. Ruddy recalled when the Commission previously considered this request, there was
considerable discussion about the overall transportation planning efforts in the area, with regards to Valley Mill
Road. In addition, there was discussion about the TIA (Transportation Impact Analysis) and impacts, the LOS
(level of service), and access to the site, particularly Dairy Place Comer. He said the applicant had the
opportunity to include this additional property, which provides the ability to have access at the Martin Drive
entrance to 220 Seafood, in addition to what was originally proposed on Valley Mill Road, utilizing an internal
connection. Mr. Ruddy commented that while this new modified request does not have direct access onto Dairy
Place Corner, there are still two points of access: Valley Mill Road and Martin Drive,
Mr. Ruddy pointed out that the applicant has provided improvements on Valley Mill Road, at the
intersection of Valley Mill Road, Route 7, and 1 -81, although the LOS remains less than "D" at that location.
Furthermore, with the applicant's purchase of additional land, the applicant has removed the $10,000 contribution
for off -site improvements previously proffered. Mr. Ruddy said the applicant has broadened the 10,000 square -
foot commercial allowance from office to a variety of B2 commercial uses; however, high traffic - generating uses
of the B2, such as gasoline service station, fast food restaurants, and convenience stores have been eliminated.
Commissioner Kerr asked if the improvements to Valley Mill have stayed the same as the
previous application and Mr. Ruddy replied yes.
Commissioner Oates raised the issue of student and bus traffic at the Dowell J. Howard
Vocational - Technical Center entrance, lie asked if the staff anticipated improvements there to accommodate the
school. Mr. Ruddy said that while additional lane improvements are being provided and a left -tum lane into the
site is being acconunodated, part of the staff's desire is to have the improvements extend back toward Martin
Drive, which would provide the ability to have a left -turn lane into Dowell J. Howard Vocational - Technical
• Center. He said this could be a simple extension of the improvements back to the existing entrance on Martin
Drive, providing for a safe left -turn movement.
Chairman Wilmot said there were a number of connnents in the staff report about the long -range
plans for the intersection of Route 7 and 1 -81. She recognized the I -81 study and design were done some time
ago, and she asked how applicants could contribute towards those long -range plans. Mr. Ruddy said the I -81
plans terminate Valley Mill Road and enable an additional road, or Valley Mill Road relocated, to connect with
the Gateway Shopping Center. Mr. Ruddy said when properties behind this particular area seek to rezone, they
should address the long -range goals of the Comprehensive Policy Plan, along with others in the area who could
potentially contribute in the future. He said obviously, applicants need to take care of the traffic they are dealing
with today, but should also be thinking towards the future and making sure nothing is done to cause future
transportation problems in the area.
Mr. Ronald Mislowsky with Patton, Harris, Rust & Associates, Inc. (PHR &A), was representing
this application. Mr. Mislowsky presented a revised GDP showing the closed access to Dairy Corner Lane and
the proposed new internal access road with a commercial entrance oil Valley Mill Road and the use of the existing
220 Seafood connection to Route 7. Mr. Mislowsky described the proposed lane improvements on Valley Mill
Road, as well as the pedestrian connection, and street trees along Valley Mill Road and Route 7. He commented
that the existing LOS conditions on Valley Mill Road were Es and Fs, however, with their proposed
improvements, the LOS will improve to a Level D. He also pointed out the easement to the Ganse property.
Mr. Mislowsky stated that due to the significant costs of purchasing the additional property and
constructing the internal access road, they have eliminated the $10,000 cash proffer offered with the earlier
version of the plan. In addition, they have eliminated the high -trip traffic generators from the uses and are sumply
offering 10,000 square feet of retail use with proffers. Mr. Mislowsky believed the applicant's proffer was fair
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Minutes of June 17, 2009
and addressed the area's transportation impacts. He said both VDOT and the Planning Staff were fine with those
changes; thev felt it was a net benefit to provide the inter - parcel connector and to acquire the additional property.
Mr. Mislowsky next spoke about the improvements at the Dowell J. Howard Vocational -
Technical Center entrance. He said that much of the traffic around the entrance to Dowell J.Hohward Vocational-
Technical Center moves in a circular pattern. In their discussions with VDOT about where the Walgreens'
entrance should be, he said VDOT agreed the entrance should be lined up across from Dowell J. Circle.
Commissioner Oates said for safety reasons, he preferred to see a left -turn lane in to Dowell J.
Howard by extending the lane back about 200 feet with additional pavement. He also recognized the need for
connnercial uses to have visibility along Route 7' therefore, instead of placing street trees, he suggested the
applicant submit design guidelines for building materials for the commercial uses. He said he would go along
with eliminating the street trees if there were building design guidelines because this was a well - traveled portion
of Route 7.
Mr. Mislowsky did not believe he could make a commitment to do more than what is shown in
the existing proffer with regards to building materials without consultation with his client Mr. Mislowsky said
the applicant responded to the request they received for street trees at the previous meeting and they would like to
move forward. He understood there may be a concern and he said they may be able to address that concern as the
application moves forward, possibly enhancing the materials palette for the office buildings and providing an
illustration of the Walgreens store. He added that with regard to the improvements on Valley Mill Road, the
applicant has satisfied VDOT and the Deputy Director - Transportation with regards to the revised proposal. In
addition, he believed the applicant had exceeded requirements by constructing the connector road down to the
entrance at Route 7.
• Chaimnan Wilmot called for public comments, however, no one came forward to speak.
Deputy Director- Transportation, John A. Bishop, was supportive of the changes to the entrance
because of serious transportation concerns he had with the entrance directly on Dairy Corner Place. He said from
a transportation perspective, le was not too concerned about the extra commercial square footage requested. Mr.
Bishop expressed support for adding the left -turn lane into Dowell J. Howard.
Frederick County Public Schools Division Planner, Mr. Wayne Lee, was asked by a Conunission
member for his opinion about the left-turn lane at Dowell J. Howard. Mr. Lee agreed the left -turn lane would be
helpful; however, some of their concems were offset by the applicant proffering out the traffic - intensive uses. He
said the one remaining issue would be for buses attempting to make left turns out of Dowell J. Howard and the
east -bound traffic on Valley Mill Road.
Other Conunission members agreed a left -turn lane into Dowell J. Howard was a good idea for
safety reasons and they also thought guidelines for building materials for commercial structures would be
beneficial. However, they commented that at the previous Planning Commission meeting, the applicant was
provided with recommendations from VDOT, the Staff, and the Conunission and now the Conunission is asking
for something different. They questioned the appropriateness of imposing this on the applicant at this time.
There was further discussion among Conunissioners that the left -turn lane for Dowell J. Howard may be able to
be addressed when the other properties come into play. Commissioners said they preferred the applicaut present
building design guidelines hvhcn the rezoning is considered by the Board of Supervisors.
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A motion was made by Commissioner Kerr to recommend approval of Rezoning 403 -09 of
Walgreens at Dairy Corner Place and he encouraged the applicant to provide building design standards for the
Board of Supervisors' consideration. This motion was seconded by Conunissioner Kriz and was passed
unanimously.
BE IT RESOLVED, That the Frederick County Pluming Commission does hereby recommend approval of
Rezoning Application 903 -09 of Walgreens at Dairy Comer Place, submitted by Patton Harris Rust &
Associates, Inc. (PHR &A), to rezone 3.1 acres from RP (Residential Performance) District to B2 (Business
General) District with proffers and 0.9 acres from B2 to B2 District with proffers, for a total of 4.0 acres of
commercial use. The applicant is encouraged to provide building design standards for the Board of Supervisors'
consideration.
(Note: Conmiissioners Molm and Thomas were absent from the meeting.)
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165 -13, Legal Form
and Recordation of Proffers. The proposed ordinance amendment provides requirements for the legal
form of proffer statements and for the recordation of proffers.
Action — Recommended Approval
Senior Planner, Candice E. Perkins, reported that the existing ordinance does not contain any
• standards as to hove proffer statements should be written or requirements that proffers be recorded once accepted
by the Board of Supervisors. Therefore, she said the Planning Staff prepared this amendment to address those
issues, which specifically applies to Chapter 165, Section 13, Conditional Rezoning, in two parts: the first
entitled, D. Legal Fonn of Proffer Statement and E. Recordation of Proffers
Chairman Wilmot called for public conuuents, however, no one was present to speak.
No issues or concerns were raised by the Commission. Commission members were in favor of
the amendment as presented.
Upon motion made by Commissioner Kriz and seconded by Conunissioner Triplett,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165 -13, Legal Form
and Recordation of Proffers. The proposed ordinance amendment provides requirements for the legal form of
proffer statements and for the recordation of proffers with the addition of.
D. Legal Form of Proffer Statement
(1) All proffers shall be in writing and shall be in a form suitable for recordation in the land records
of Frederick County.
(2) The proffer statement shall define the omiers of the subject property and shall be signed by all
parties involved.
•
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Minutes of .tune 17, 2009
E. Recordation of Proffers If the Frederick County Board of Supervisors approves proffered conditions as part
of a rezoning, the Zoning Administrator or County Attorney shall, within ten (10) days of the Board's actions,
present the written proffer to the Frederick County Clerk of the Circuit Court for recordation.
COMMISSION DISCUSSION
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use
Regulations, Subsection 26, Secondary or Accessory Uses. The proposed ordinance amendment provides
revisions to the zoning ordinance regarding secondary or accessory standards.
No Action Required
Senior Planner Candice E. Perkins reported that in December 2008, revisions were approved to
Section 165 -26 of the zoning ordinance which addressed Secondary or Accessory Use requirements. Ms. Perkins
explained that the revision prohibited accessory retail in the MI and M2 Zoning Districts. She said on April 8,
2009, the Board of Supervisors directed the staff to take the revised accessory use standards back to the DRRC
for further review; specifically, the Board wanted to see accessory retailing added back into the industrial districts.
Ms. Perkins said the Planning Staff has prepared a revision to Section 165 -26 to allow for
accessory retailing in the OM (Office Manufacturing), M1 (Industrial Limited), and M2 (Industrial General)
Districts with the same conditions placed on the B3 (Industrial Transition) District. Accessory retailing would be
restricted to no more than 15 percent of the gross floor area and shall not exceed 2,000 square feet.
• Ms. Perkins said this item was presented to the DRRC (Development Review and Regulations
Conunittee) at their meeting of April 23, 2009. She said the DRRC endorsed the changes and recommended it be
sent to the Planting Commission for discussion.
Commissioner Oates commented that since retail is already allowed in B3, such as hardware
stores, nurseries, etc., be asked if including B3 would create a problem or if it should be excluded. Ms. Perkins
said some of the SIC codes include retail, such as nurseries, but they are actually permitted uses and retail is
associated with those. She said this is different from accessory retailing; for example, electrical companies
creating a showroom. Ms. Perkins said this amendment pertains to uses permitted in the B3, M 1, M2, and OM
Districts that don't already have a sales or retail component.
No issues or areas of concern were raised by the Planning Commission. They were in favor of
the proposed anneodment as presented by the staff,
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary
Use Regulations, Subsection 27, Off - Street Parking; Parking Lots. This ordinance amendment provides
revisions to the zoning ordinance regarding parking lot standards.
No Action Required
•
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Minutes of,iune 17, 2009
Senior Planner Candice E. Perkins reported that over the past year, staff has been informed of the
• desire to revise the parking standards within zoning ordinance. She said specifically, concerns have been
expressed about excessive parking requirements, the inability for making parking adjustments, no provisions for
low- impact development, and excessive curb and gutter. Asa result of these concerns, she said the staff has been
working on a complete revision of Section 165 -27 for off - street parking and parking lot requirements.
Ms. Perkins said this proposal was discussed by the DRRC (Development Review and
Regulations Conuuittee) on multiple occasions due to the number of proposed changes. She said modifications
were prepared and ultimately, the DRRC endorsed the changes and recommended it be sent to the Planning
Commission for discussion. Ms. Perkins proceeded to review- the revisions with the Planning Commission.
Conuuissioner Kriz inquired if engineers or contractors who would be utilizing this ordinance
were involved in the revisions and if they were in favor of the proposed changes. Ms. Perkins replied that some
members of the DRRC are in the construction industry; she said they reviewed and supported the revisions.
Commissioner Kriz welcomed the changes which eliminated excessive concrete, allowing infiltration rather than
runoff.
Commissioner Oates referred to Section 7, which states, "... no more than 5% of the required
parking will be to the rear with a customer /public entrance..." Commissioner Oates said since this revision is
aimed at retail, the B 1 and B2 areas, he asked if this requirement should be excluded from the industrial sites
because generally, that is solely employee parking. Ms. Perkins agreed the requirement was primarily aimed at
retail and she said the amendment could be easily changed to exclude industrial.
Chairman Wilmot commented this was a considerable amount of information and she was
pleased in the way it was formatted. She suggested that if this is sent on to the Board of Supervisors thus everting,
• the Planning Commission should reserve the right to make amendments or adjustments when they are found and
pass those to the staff for inclusion in the proposal.
No other issues or areas of concern were raised. The Commission was in favor of sending the
proposed amendment forward to the Board of Supervisors for discussion, with the change suggested.
An Ordinance to Amend the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design
Standards, Subsection 18, Sidewalks and Pedestrian Walkways, Subsection 19, Streetlights, and
Subsection 33, Commercial and Industrial Design Standard Exemptions. This ordinance amendment
provides revisions to the County ordinances regarding sidewalks, pedestrian walkways, and streetlights.
No Action Required
Senior Planner Candice E. Perkins reported that four revisions are proposed for Section 144 -18
of the Subdivision Ordinance. Ms. Perkins said the first revision includes a requirement for sidewalks along
existing streets, as well as proposed streets, and the addition of a two -foot grass strip requirement; the second
revision is to remove the 15,000 square -foot lot size requirement which sidewalk regulations are based upon. Ms.
Perkins noted the proposed changes will be based on zoning districts which have high- density residential; she said
many of the districts will no longer have a 15,000 square -foot lot size requirement. The third revision will require
sidewalks along collector and arterial streets in any zoning district regardless of use; the fourth revision is a
requirement for bicycle and pedestrian facilities as called for in the Comprehensive Policy Plan,
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Ms. Perkins said the next section of the proposed amendment. Section 144 -19, Streetlights, is
similar to one of the changes in the previous section, to remove the 15,000 square -foot requirement and to base die
regulations on zoning district and use. She said [lie third section, Section 144 -33, Commercial and industrial
Design Standard Exemptions, proposes to remove the sidehvalk and pedestrian exemption for commercial and
industrial properties. Ms. Perkins noted that amendment would allow Section 144 -18, Sidewalks and Pedestrian
Walkways, to be implemented, but will not require sidewalks on roads classified as local or minor streets. She
said the internal streets within those areas will have sidewalks, but if they front on a major roadway with a
pedestrian facilit, it should have the requirement.
Ms. Perkins said the DRRC (Development Review and Regulations Committee) reviewed this
proposed amendment at their meeting on April 23, 2009. She said the DRRC endorsed the amendment and
reconunended that it be sent to the Planning Commission for discussion.
Commissioner Oates commented that the Street Acceptance Guidelines proposed by VDOT will
require five -foot sidewalks across the board. He noticed that in the proposed amendment under Section 144 -18
(C), stales sidewalks and walkways shall be a minimum of four feet wide. Commissioner Oates suggested the
Five-foot standard be applied within the County's ordinance as well.
Chairman Wilmot suggested that the proposed amendments on sidewalks, pedestrian walkways,
and streetlights may be appropriately applied to the Medical Support (MS) District and the Higher Education
(HE) District.
No other issues were raised. Ms. Perkins said that she would forward the Plowing
Commission's suggestions on to the Board of Supervisors for their discussion.
•
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary
Use Regulations, Subsection 36, Landscaping Requirements. This ordinance amendment provides
revisions to the County ordinances regarding landscaping requirements.
No Action Required
Senior Planner Candice E. Perkins reported that the Planning Staffhas been directed to prepare a
zoning ordinance amendment to remove the landscaping requirements contained in Section 165 -36 as it pertains
to the RA (Rural Areas) Zoning District. She said this section of the existing ordinance states that residential
developments which require a preliminary sketch plan must provide one of three types of landscaping (street
trees, ornamental, or tree preservation). She said the proposed amendment eliminates all of the landscaping
requirements from the RA District based on the lot sizes and appropriateness for the use.
Ms. Perkins said this proposed amendment was discussed by the DRRC (Development Review
and Regulations Committee) at their meeting on May 28, 2009. She said the DRRC was presented with an option
to reduce the street tree requirement in the RA District, but the DRRC preferred to see the requirements
eliminated. Ms. Perkins said the DRRC endorsed the proposed amendment and recommended that it be sent to
the Plaming Commission for discussion.
u
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No issues or areas of concern were raised by the Planning Comninission. The Planning
Commission supported the proposed amendment and was in favor of sending it forward to the Board of
Supervisors for discussion.
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary
Use Regulations, Subsection 37, Buffer and Screening Requirements. This ordinance amendment
proposes revisions to the buffer and screening requirements.
No Action Required
Senior Planner Candice E. Perkins reported that this section of (lie ordinance regulates the width
and content of zoning district buffers as well as where they are required and when they can be waived or modified.
She said the staff has encountered various issues regarding the buffer and screening requirements contained
within this section of the ordinance. She said specifically, concerns regarding the content of the landscape
screening element and tine ability for buffer modifications have been expressed. Ms. Perkins proceeded to review
each of the revisions with the Commission.
Ms. Perkins said this proposed ordinance amendment was discussed by the DRRC (Development
Review and Regulations Conunittee) at their meeting on May 28, 2009. She said the DRRC endorsed the
changes and recommended that the proposed amendment be sent to the Planning Commission for discussion.
Conunissioner Kriz commented that allowing the Zoning and Subdivision Administrator to
• waive any of the requirements was appropriate because the Planning Commission hasjust recently encountered
such a situation.
No other issues or concerns were raised. The Planning Commission endorsed the proposed
amendment and instructed the staff to forward it to the Board of Supervisors for discussion.
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article XXII, Definitions.
This ordinance amendment provides a definition for both "dwelling' and "attached dwelling."
No Action Required
Senior Planner Candice E. Perkins reported that in reviewing the definitions in the zoning
ordinance, it was determined that the definitions of "dwelling and `dwelling, attached" need to be revised. Ms.
Perkins said it is recommended that the definition of a "dwelling' be expanded to state that a dwelling is a
residential structure; and, the definition of an "attached dwelling be updated to distinguish it from otherhousi ng
types cnrently permitted in the zoning ordinance and hoiv it is coniected to other routs. Ms. Perkins reviewed tine
definitions with the Commission.
Ms. Perkins said this item was discussed by the DRRC (Development Review and Regulations
Committee) on May 28, 2009; the DRRC endorsed the amendment and recommended that it be sent to the
Planning Commission for discussion.
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No issues or concerns were raised. The Planning Commission endorsed the proposed
• amendment and instructed the staff to forward it to the Board of Supervisors for discussion.
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and
Industrial Zoning Districts, Subsection 82E. This ordinance amendment provides the addition of SIC 208
(beverages) to the MI (Industrial Limited) Zoning District.
No Action Required
Senior Planner Candice E. Perkins reported that this proposed ordinance amendment was
initiated by a private citizen who requested that the DRRC (Development Review and Regulations Committee)
consider the addition of SIC 208, Beverages, to the M I (Industrial Limited) District, Permitted Uses. Ms. Perkins
said SIC 208 in its entirety allows malt beverages (2082), malt (2083); ravines, brandy, and brandy spirits (2084);
distilled and blended liquors (2085). bottled and canned soft drinks and carbonated waters (2086); and flavoring
extracts and flavoring syrups (2087) She said the M1 District currently only allows the last two, bottled and
canned soft drinks and carbonated waters (2086); and flavoring extracts and flavoring syrups (2087), while the
M2 District allows all of the uses. Shc said this request, however, is to add SIC 208 in its entirety to the M1
District permitted uses.
Ms. Perkins said the DRRC (Development Review and Regulations Committee) reviewed this
proposed amendment at their meeting May 28, 2009. She said the DRRC endorsed the changes and
recommended it be sent to the Planning Commission for discussion.
Chairman Wilmot pointed out that the DRRC placed all of the SIC 208s into the M2 District
because of the possibiliq of unpleasant odors produced during the brewing process. Chairman Wihmotsuggested
that the Conmmission may want to consider having further discussions on this issue.
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Regarding the Recodification
of Chapter 165, Zoning Ordinance.
No Action Required
Senior Planner Candice E. Perkins stated this proposed revision seeks to renumber Chapter 165,
Zoning, due to the numerous code amencments that are being considered b the Commission and the Board. Ms.
Perkins said that additional larger revisions, in terms of new districts, are forthcoming. She said these revisions
have highlighted the need to restructure the zoning ordinance so it can accommodate current and future proposed
changes. Ms. Perkins explained the existing ordinance configuration begins with Section 165 -1 and ends with
Section 165 -156: this numbering is problematic in that when sections are added, it shifts the numbers in the
remaining ordinance, resulting in the use of numeric extensions to acco revisions.
Ms. Perkins said the staff is proposing a recodifieation of Chapter 165 which will revise the
entire chapter. She said the revised format will include separate parts that could individually be expanded when
amendments are inserted into the chapter. She noted that with this proposed revision, certain portions of the
ordinance would be consolidated into other articles or moved to similar uses. Ms. Perkins proceeded to review the
Frederick County Planning Commission Page 2489
Minutes of June IT 2009
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proposed changes with the Conuuission.
Ms. Perkins stated that this proposed amendment was presented to the DRRC (Development
Review and Regulations Committee) at their meeting on May 28, 2009. She said the DRRC endorsed the
changes and recommended it be sent to the Planning Commission for discussion.
The Plamring Commission was pleased with the proposed recodification. No issues or concerns
were raised. The Planning Commissio endorsed the proposed amendment and instructed the staff to forward it
to the Board of Supervisors for discussion.
ADJOURNMENT
No further business remained to be discussed. Upon motion made by Conuuissioner Kriz and
seconded by Conmussioner Triplett, the meeting was adjourned at 8:15 p.m. by a unanimous Vote.
Respectfully submitted,
M. lilmot, Chainnan
0
Eric R. Lawrence, Secretary
Frederick County Planning Commission
Minutes of June 17, 2009
Page2490