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PC_10-06-10_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 October 6, 2010. PRESENT: June M. Wilmot, Chairman/Member at Large; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Philip E. Lemieux, Red Bud District; Christopher M. Mohn, Red Bud District; and Roderick Williams, County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District STAFF PRESENT: Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; 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. A motion was made by Commissioner Kriz to adopt the October 6, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the September 1, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the September 15, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. • Frederick County Planning Commission Page 2686 Minutes of October 6, 2010 -z- COMMITTEE REPORTS • Transportation Committee — 9/27110 Mtg. Commissioner Kriz reported that the Transportation Committee discussed the following agenda items: 1) Amherst Street Improvement Request — The City of Winchester has been in contact with the Frederick County School Administration regarding improvements at the Frederick County Middle School and administration buildings along Amherst Street. The proposal is to close the east entrance, which is an entrance -only, and to shift the west entrance to line up with Fox Drive, as well as providing a traffic signal, at a cost of $301,500. The school administration was asked to specify exactly the impacts of the proposed improvements and to bring those back to the Transportation Committee for assistance in resolving any issues. 2) Comprehensive Plan Update — Discussion took place on two items in the implementation section entitled, "Ensure Safe Operation of Fire and Rescue Vehicles and School Buses," and whether or not they should be included. 3) Capital Improvement Update — The Committee recommended that improvements to the I -81 exits at Exit 310 should be included as Priority #2. 4) Route 522 South Draft Report — Deputy Director, Transportation, John Bishop, was instructed to send comments on the Tevis Street intersection with I -81. 5) Other — Improvement details are moving along well for Greystone Drive, Phase 2, Renaissance Drive, and Route 11 North. Comprehensive Policv Plan Update Chairman Wilmot announced that the Comprehensive Policy Plan Update is progressing. • She said that both the Rural Areas and the Urban Areas chapters have gone to the Board of Supervisors for informal review. Chairman Wilmot reported that the Residential Areas chapter, along with the Public Facilities chapter, will hopefully be ready to send to the Board at their October 13 meeting. She noted that after that, the business development section will be reviewed and it is anticipated this section will require considerable work. Chairman Wilmot noted the possibility of the update being presented to the public around the first of December. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401, RA (Rural Areas) District, Section 165- 401.03 Conditional Uses; Article VI, Business and Industrial Zoning Districts, Part 603, B2 (Business General) District, Section 165- 603.02 Allowed Uses; Article II, Supplementary Use Regulations, Parking, Buffers and • Frederick County Planning Commission Page 2687 Minutes of October 6, 2010 -3- • Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses; 165- 204.25 Flea Markets; and Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Section 165 - 101.02 Definitions and Word Usage. These proposed revisions to the Frederick County Ordinance will allow flea markets in the B2 and RA Districts. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that staff has received a request to draft an amendment to the zoning ordinance to address the allowance of flea markets. Ms. Perkins explained that flea markets are currently only permitted in the B2 (Business General) District under SIC 5932, Used Merchandise Sales. She said staff has prepared a draft amendment to the zoning ordinance to only allow indoor flea markets as a permitted use in the B2 (Business General) District and indoor /outdoor flea markets as a conditional use in the RA (Rural Areas) District. Supplementary use regulations have also been drafted that would correspond with the conditional use in the RA District. She said the supplemental use regulations address parcel size, access, parking and surface material, allowable days of operation, buffers and fencing, and a site plan requirement. In addition, a definition for flea markets has also been drafted. Ms. Perkins said this proposed amendment was discussed by the Board of Supervisors on September 8, 2010, and, with a few minor changes, the Board sent the proposed amendment forward for public hearing. She noted the changes were primarily involving buffers and fencing sections. Chairman Wilmot called for citizen comments regarding the proposed amendment and the following persons came forward to speak: • Mr. Robert Light, with the firm of Lawson & Silek, said his office represents the Shen - Valley Flea Market, located at the comer of Routes 522 and 277 at Double Tollgate, and he was present to support the proposed text amendment. Mr. Light said his clients support this proposed amendment because it strikes a good balance between their desire to conduct business in Frederick County and the County's concerns to make certain that flea markets in Frederick County are operating according to certain procedures. Mr. Mark Eshelman, the manager of Shen - Valley Flea Market, provided four benefits he thought the flea market had to offer Frederick County and the community. First, with the recent trend in going "green" and recycling, he said flea markets have been doing this for years before it became a popular move. Second, he said there is a lot of re- useable merchandise which is being put back into use, rather than filling up our landfills. Third, there was the benefit of a supplemental income for people who are affected by the poor economy; and fourth, the benefit of sales tax revenue generated for Frederick County. Mr. Eddie Hodinger, a resident of Warren County, spoke in favor of the Shen - Valley Flea Market. Mr. Hodinger said the owners of the flea market operate a good flea market and run it well. Mr. Earl Collins spoke in support of the Shen - Valley Flea Market. Mr. Collins believed the flea market has been in operation for 25 -plus years; he spoke highly of the Roystons and Eshelmans and said they run a fine flea market. Mr. Collins felt the community wanted this flea market, especially in the current troubled economy. 0 Frederick County Planning Commission Page 2688 Minutes of October 6, 2010 -4- . Mr. Dan Lanning, a resident of Stephens City, said he frequently attends the flea market. Mr. Lanning said the flea market has been a positive contribution to the community and the State of Virginia. Mr. Lanning spoke in favor of allowing the Shen - Valley Flea Market to operate in the same manor in which it has operated for the previous 25 years. Mr. Thomas Snapp, a resident of the Back Creek District, spoke in favor of the Shen - Valley Flea Market. Mr. Snapp said there are thousands of people in attendance on Saturdays and Sundays from not only the surrounding communities, but the surrounding four states. He said people enjoy attending and he hopes the flea market will continue to operate and be as nice as it has always been. Mr. Tim Hasselback said he missed going to the flea market most of this year because the field was not open. Mr. Hasselback said it helps with his income to be able to set up in the field and sell his wares. He added that the Shen - Valley Flea Market is a very good flea market. Mr. John Brayne, a resident of Shenandoah County, said he has been attending this flea market for 20 -plus years and he spoke in support of the flea market. Mr. Brayne said the flea market brings money to Frederick County. He said people attend from Pittsburgh, New York, and South Carolina, and they stay at local hotels, and purchase gasoline and food here. He said these are all good things for our local economy. Mr. Brayne believed the flea market should be put back the way it was. Mr. John Brennan said he has been attending the flea market for 28 years, ever since his son was small. He said it is a fun place to go and meet people. Mr. Brennan said it is a good way to spend the weekends and he asked the Commission to keep it open. • No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. No issues were raised by the Commission. Upon motion made by Commissioner Oates and seconded by Commissioner 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, Article N, Agricultural and Residential Districts, Part 401, RA (Rural Areas) District, Section 165- 401.03 Conditional Uses; Article VI, Business and Industrial Zoning Districts, Part 603, B2 (Business General) District, Section 165 - 603.02 Allowed Uses; Article It, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses; 165- 204.25 Flea Markets; and Article 1, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Section 165 - 101.02 Definitions and Word Usage. These proposed revisions to the Frederick County Ordinance will allow flea markets in the B2 and RA Districts. (Note: Commissioner Thomas was absent from the meeting.) • Frederick County Planning Minutes of October 6, 2010 Commission 2689 -5- • An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Section 165- 101.02 Definitions and Word Usage; and Section 165- 201.06 Signs. This proposed revision to the Frederick County Code provides clarification as it pertains to off - premise directional signage. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported this is a revision to the zoning ordinance to clarify the language pertaining to off - premise directional signage. Ms. Perkins said the sign ordinance adopted in 2007 limited the off - premise signs to business signs and multi -tenant complex signs, but did not address directional signs. She said off - premise directional signs have been permitted with a conditional use permit in most zoning districts since 1973. Ms. Perkins noted this is a minor revision to make it clear that off - premise directional signs are permitted with a conditional use permit. Ms. Perkins said this was discussed by the Board of Supervisors at their September 8, 2010, meeting and the Board forwarded the proposed amendment to public hearing. Chairman Wilmot opened the public hearing to citizen comments at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No issues were raised by members of the Planning Commission. Commissioner Kriz made a motion to adopt the ordinance amendment as presented. This motion was seconded by Commissioner Oates and unanimously passed. • BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Section 165- 101.02 Definitions and Word Usage; and Section 165- 201.06 Signs. This revision to the Frederick County Code provides clarification as it pertains to off - premise directional signage. (Note: Commissioner Thomas was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, Section 165- 204.19B Telecommunication Facilities, Commercial. This proposed amendment will provide a revision to the waiver provision for lattice - style telecommunication facilities. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that staff has been directed to draft an amendment to the zoning ordinance to revise the waiver provision for lattice -style telecommunication facilities. Ms. Perkins said the zoning ordinance currently allows the Planning Commission to waive the monopole requirement when towers are located outside of the Urban Development Area (UDA) and not • located adjacent to historic sites. The proposed amendment would allow the Board of Supervisors to Frederick County Planning Commission rage Minutes of October 6, 2010 • waive the monopole requirement when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. Ms. Perkins said this item was discussed by the Board of Supervisors at their September 22, 2010, meeting and the Board forwarded the proposed amendment to public hearing. Chairman Wilmot opened the public hearing to citizen comments at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Oates was not in favor of this proposed ordinance amendment. Commissioner Oates made a motion to recommend denial of the proposed ordinance amendment. This motion failed, however, due to a lack of a second to the motion. Commissioner Crockett next made a motion to recommend approval of the proposed ordinance amendment. This motion was seconded by Commissioner Triplett and was passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, Section 165- 204.19B Telecommunication Facilities, Commercial. This proposed amendment will provide a revision to the waiver provision for lattice -style telecommunication facilities. The vote on this amendment was as follows: YES (TO RECOMMEND APPROVAL) Unger, Crosen, Ambrogi, Manuel, Crockett, Madagan, Kriz, Triplett, Lemieux, Mohn NO: Oates, Wilmot (Note: Commissioner Thomas was absent from the meeting.) COMMISSION DISCUSSION COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA #01 -10) FOR TASKER WOODS Deputy Planning Director, Michael T. Ruddy, reported that this request is for an 8.67 - acre modification to the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) to accommodate both residential and commercial land uses in the Shawnee Magisterial District. Mr. Ruddy stated that at their September 13, 2010, meeting, the Comprehensive Plans and Programs Committee (CPPC) endorsed an 8.67 -acre adjustment to the UDA with a corresponding 2:41 -acre adjustment to the SWSA in the northern portion of the study area and a change in the Land Use Classification from Neighborhood Village and Commercial to Residential. Specifically, the CPPC recommendation included the following: • Frederick County Planning Commission Page 2691 Minutes of October 6, 2010 • 1) The expansion of the UDA (2.41 acres) in the northern portion, to accommodate additional residential units, with an accompanying residential land use designation. Access to these residential uses shall be via the extension of the previously proffered road system. No additional entrances onto Macedonia Church Road or Route 522 would be permitted. 2) The expansion of the UDA (6.26 acres) in the southern portion, to accommodate additional residential units, with an accompanying residential land use designation. The southern area of environmental features would form the boundary between the residential and commercial land uses. Protection of the identified environmental features remains an important consideration. Mr. Ruddy said it was also recommended that the net addition of residential units would not increase the number of residential units previously proffered for the Tasker Woods project. In addition, the CPPC encouraged the applicant to consider utilizing the B2 Overlay on the balance of the commercial zoning in the northwest quadrant of the intersection of Tasker Road and the Tasker Woods access road. Commissioner Kriz, a CPPC member, commented that the CPPC thoroughly discussed the north area where the applicant had wanted to place commercial and this use will not fit or work at that location because of the traffic situation. He said the CPPC believed it was best for it all to be residential. Chairman Wilmot asked if the land use plan adopted in 2008 was identical to what was • adopted in the Tasker Road Plan or, whether this particular area had not been identified in the Tasker Road Plan. Mr. Ruddy said the area to the south was a part of the Tasker Woods Land Use Plan, however, the area to the north in this particular location was not quite covered. He recalled there was an area adjacent to Route 522 which was not covered by a land use plan, but it was taken care of with the Route 277 Study effort. Mr. Ruddy said he would forward the Planning Commission's comments on to the Board of Supervisors for their discussion. Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking; Buffers; and Regulations for Specific Uses, Part 202, Off - Street Parking, Loading and Access, Section 165- 202.01 Off - Street Parking; Parking Lots. This proposed amendment will provide revisions to the curb and gutter requirements for parking areas. Senior Planner, Candice E. Perkins, reported the staff has been requested to draft an amendment to the zoning ordinance to revise the curb and gutter requirements for parking areas. Ms. Perkins said the zoning ordinance currently requires parking lots in all zoning districts, with the exception of the B3, OM, M 1, and M2, to provide curb and gutter around the perimeter of the entire lot. She said the amendment received by staff requests the utilization of header curb within parking lots in all zoning • districts when not necessary for the drainage of stormwater. Frederick County Planning Commission Page 2692 Minutes of October 6, 2010 • Ms. Perkins said this request was sent to the Development Review and Regulations Committee (DRRC) via email and staff received a number of comments and concerns about the request as drafted. She said the DRRC had discussions about the durability of using only header curb. Ultimately, the DRRC believed the only circumstance in which the elimination of the gutter pan would be appropriate is if parking areas are adjacent to buildings and sidewalks with a turn-down curb are used and the remainder of the parking lot should have curb and gutter. Ms. Perkins read the revised language of the amendment for the Planning Commission. Commissioner Oates said he liked the draft ordinance with the revision; he thought it was appropriate. He said there is another type of curbing, referred to as CG -7, and instead of the curb having a flat and vertical face, it goes back at a 45- degree angle. He remarked it is a little more labor intensive to pour, but it makes it easier for lawn mowers to go over it and work around it. Commissioner Oates said the County might consider adding the CG -7 as an allowable curb and gutter scenario. He said it also has a two -foot gutter pan similar to the CG -6. Ms. Perkins said she would forward the Commission's comments on to the Board of Supervisors for discussion. OTHER CANCELLATION OF THE OCTOBER 20 2010, MEETING OF THE PLANNING Chairman Wilmot announced that the Planning Commission's October 20, 2010, meeting will be canceled because there were no pending items to be considered. ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Ambrogi and seconded by Commissioner Triplett, the meeting adjourned at 7:30 p.m. by a unanimous vote. Respectfully submitted, -e ki,• l M. Wilmot, Chairman • Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2693 Minutes of October 6, 2010