PC_04-07-93_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
April 7, 1993.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back
Creek District; Todd D. Shenk, Gainesboro District; S. Blaine Wilson, Shawnee
District; Manuel C. DeHaven, Stonewall District; John H. Light, Stonewall
District; and Beverly Sherwood, Board Liaison.
ABSENT: Roger L. Thomas, Opequon District; Ronald W. Carper, Gainesboro District; and
George L. Romine, Citizen at Large.
Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne
Miller, Zoning Administrator; Evan A. Wyatt, Planner II; Ronald A. Lilley,
Planner II; and Kris C. Tierney, Deputy Planning Director.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES - FEBRUARY 17 1993 MEETING AND MARCH 3 1993 MEETING
The first order of business was the consideration of the minutes of February 17,
1993. Upon motion made by Mr. Marker and seconded by Mr. Light, the minutes of February
17, 1993 were unanimously approved as presented.
The Commission next considered the minutes of March 3, 1993. Upon motion
made by Mr. Marker and seconded by Mr. Light, the minutes of March 3, 1993 were
unanimously approved as presented.
BIMONTHLY REPORT
Schenk Food Addition - Request for Administrative Approval Authority
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Mr. Wyatt said that the site plan is for a freezer and cooler addition to be located
on the northeastern side of the existing facility. The architects attended a meeting with the
Technical Review Committee and there were no major concerns. Mr. Wyatt said that the staff
feels comfortable approving the plan once the architects submit all the final materials. Due to
time constraints, the applicant has requested that the staff be allowed to administratively approve
the plan.
The Commissioners had no major concerns regarding the site plan and directed
the staff to proceed with administrative approval.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CP&PS)
Mrs. Copenhaver said that she received a letter from Wellington Jones, Director
for the Sanitation Authority, stating that President Clinton has proposed federal funding of local
infrastructure projects such as water and sewer lines to promote jobs. Mr. Jones sent a list of
projects currently being considered by the Sanitation Authority that would provide service to
existing residences and industrial /commercial land. Mrs. Copenhaver said that the Commission
should prioritize the projects in relation to the Comprehensive Plan and get back to Mr. Jones.
Sanitation Authority
Chairman Golladay said that he had a request from a resident on Route 636,
between Route 277 and the Pollee= mobile home park, for the Sanitation Authority to
consider running water between Route 277 and the trailer park. Both the trailer park and Route
277 have water, but not the area in between. Chairman Golladay asked Mrs. Copenhaver, in
her capacity as liaison, to check into the matter with the Sanitation Authority.
Transportation Committee - 4/5/93 Meeting
Mr. Evan Wyatt reported that the Transportation Committee discussed VDOT's
Revenue Sharing Program, which provides up to $500,000 per year for use on road projects.
Mr. Wyatt explained that the county is required to provide half of the funds for a one -to -one
match towards primary and secondary hardsurface projects.
Mr. Wyatt said that the Committee also discussed the Corridor H Project.
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Winchester- Frederick County Joint Transportation Committee - 3/29/93 Meeting
Mr. Ron Lilley reported that the Transportation Committee viewed an
informational video on ISTEA; discussed a few potential ISTEA projects that may be considered
for July; learned about the LFPDC's efforts to acquire a transportation planner on their staff to
serve this jurisdiction; received an update on the WATS study; received a brief update on the
Route 37 East project; had a brief discussion on Corridor H; and finally, the City noted a few
proposed road extensions and alternatives that were useful for the County to be informed about.
PUBLIC HEARINGS
Conditional Use Permit Application #003 -93 of Joseph C. Smith for the expansion of an
existing home for adults. This property is located one mile east of Winchester, on the
North side of Route 7, and is identified as Parcel #55B -A -14 in the Stonewall District.
Action - Approved
Mr. Wayne Miller stated that the Smiths are currently operating a 25 -bed adult
care facility under Conditional Use Permit #004 -88. He said that the location of the proposed
additional operation is in an adjacent, existing single - family dwelling that they plan to convert
to meet all the requirements for establishing the proposed use of caring for Alzheimer patients.
Mr. Miller said that convalescent and nursing homes are permitted in the RP zone with a
conditional use permit. Mr. Miller suggested that a site plan be required to insure all issues
associated with this use are adequately addressed.
Ms. Mitzi Signor, daughter of Joseph and Juanita Smith, the applicants and
property owners, said that they are proposing a unit with a specialized environment and activity
program dedicated to the care of Alzheimer patients. Ms. Signor stated that they have no
problem meeting staff conditions.
Chairman Golladay called for anyone in the audience that wished to speak either
in favor or opposition to the CUP, but no one came forward.
The Commission had no problems with the application and upon motion by Mr.
DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approve Conditional Use Permit Application #003 -93 of Joseph C. Smith for the
expansion of an existing home for adults in the Stonewall District with the following conditions:
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1. All review agency comments will be addressed and complied with as required.
2. All federal, state, and local regulations applicable to adult care facilities will be complied
with.
3. A site plan will be submitted for approval.
Conditional Use Permit Application #004 -93 of Charles and Bettye Violette for a cottage
occupation for an audio and video studio. This property is located off Route 50 West on
Route 259 and is identified as Parcel #27 -A -15A in the Back Creek District.
Action - Approved
Mr. Ronald Lilley stated that the proposed use meets the criteria set forth in the
Zoning Ordinance for Cottage Occupations. He said that the applicant has stated that there
would not be any unusual level of vehicular traffic generated by this use. Mr. Lilley said that
there are no other residences nearby, so there is no apparent likelihood that this use would
disturb people in the general area.
Mr. Charles Violette, the owner /applicant, said that he plans to remodel his
existing three -car garage for this occupation. Mr. Violette said that he will have no problems
meeting the conditions recommended by the staff.
Chairman Golladay called for anyone in the audience wishing to speak either in
favor or opposition to the application, but no one came forward.
The Commission had no problems with the application and upon motion made by
Mr. Shenk and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approve Conditional Use Permit Application #004 -93 of Charles and Bettye Violette
for a cottage occupation for an audio and video studio with the following conditions:
1. Adequate fire - fighting access to this structure must be maintained at all times.
2. if the scope of the business expands beyond what has been represented by the applicants,
a new Conditional Use Permit will be required.
Amendments to the Frederick County Code, Chapter 144, Subdivision Ordinance, Article
11, Definitions, Article IV, Subdivision Review Procedures, Article V, Design Standards,
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and Article VI, Plan Requirements. The proposed amendments pertain to definitions
(Article 11), preliminary subdivision sketch plan requirements (Article IV), major rural
subdivision access (Article V), and subdivision platting requirements (Article VI).
Action - Approved
Mr. Evan Wyatt said that the DR &RS conducted a comprehensive review of the
Zoning and Subdivision Ordinances to address items of concern that the staff and Commission
has had since these ordinances were amended in February of 1990. He said that the proposed
subdivision amendments clarify the ordinance for administration purposes and deal with
definitions for minor and rural subdivisions, plat and plan requirements, and include one design
standard.
The Commissioners had no problems with the amendments and upon motion made
by Mr. Marker and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the following amendments to Chapter 144, Subdivision Ordinance, as presented by the
DR &RS, as follows:
PROPOSED AMENDMENTS TO CHAPTER 144, SUBDIVISION ORDINANCE
OF THE FREDERICK COUNTY CODE
ARTICLE H, Definitions
SUBDIVISION. MAJOR RURAL - Any subdivision resulting in the cumulative total of four
(4) or more traditional five (5) acre lots, family division lots, agricultural lots, or rural
preservation lots from a single parcel in the RA Rural Area District.
SUBDIVISION, MINOR RURAL - Any subdivision resulting in the cumulative total of three
(3) or less traditional five (5) acre lots, family division lots, agricultural lots, or rural
preservation lots from a single parcel in the RA Rural Area District.
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ARTICLE IV, Subdivision Review Procedures
144 -11. Preliminary sketches.
A preliminary sketch may be required for any subdivision that does not require a Master
Development Plan. Within the Rural Areas (RA) zone, a preliminary sketch shall be required
for any proposed subdivision which contains roads intended for dedication to the Virginia
Department of Transportation for state maintenances or rural preservation lots. Preliminary
sketch plans, complete with all materials required by section 144 -35 of this chapter, shall be
submitted to the Subdivision Administrator for review and comment prior to preparation of final
plans.
ARTICLE V, Design Standards
144- 31B(2). Major rural subdivisions. Access.
All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision
Street Standards of the Virginia Department of Transportation and dedicated to Frederick County
for eventual acceptance into the state secondary road system.
ARTICLE VI, Plan Requirements
144 -37Z. Final plats.
An indication of the portion of the allowable density from the parent tract, (as determined by
section 165 -52, Permitted residential density; exception; of Chapter 165 of the Frederick County
Code) which is to be allocated to each parcel resulting from the subdivision.
144 -37AA. Final plats
Notarized owners certification as required by section 15.1 -477 of the Code of Virginia
144- 39A(8). Minor rural subdivisions
A statement indicating the portion of the allowable density of the parent tract, (as determined by
section 165 -52, Permitted residential density; exception; of Chapter 165 of the Frederick County
Code) which is to be allocated to each parcel resulting from the subdivision.
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144- 39A(10). Minor rural subdivisions.
Notarized owners certification as required by section 15.1 -477 of the Code of Virginia
Amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article 11,
Amendments; Article II1, Conditional Use Permits; Article IV, Supplementary Use
Regulations; Article V, Rural Areas District; Article VII, Residential Planned Community
District; Article X, Business and Industrial Districts; and Article XX, Definitions. The
proposed amendments pertain to rezoning application procedures (Article 11), Conditional
Use Permit conditions (Article III), setback requirements, height limitations, accessory
dwellings, accessory uses, vehicle parking restrictions, sign permits, inoperable motor
vehicles, dimensional requirements (Article IV), alternative design standards for
residential planned communities (Article VII), Industrial launderers as a permitted use in
the M1, Light Industrial District (Article X), and definitions (Article XX).
Action - Approved with an Exception
Mr. Wyatt next presented the zoning amendments as proposed by the DR &RS and
noted that these amendments also help to clarify the ordinance for administrative purposes. He
said that under Article V (Rural Area) Districts, the DR &RS attempted to create consistency in
the setback requirements for different types of rural land divisions. Under Article VII
(Residential Planned Community) District, the DR &RS tried to create some flexibility in design
standards to encourage planned unit development, which they felt was an important type of
development to consider for future residential use.
Finally, Mr. Wyatt brought the Commission's attention to Article XX
(Definitions). Mr. Wyatt said that the staff met with Jay Cook, Assistant Commonwealth
Attorney, to review the proposed amendments. He said that Mr. Cook felt that all the proposed
amendments in Chapter 144, Subdivision Ordinance, were fine; however, he expressed concerns
with two of the definitions in the Zoning Ordinance, Chapter 165. He said that Mr. Cook felt
that the definitions of "inoperable vehicle" and "mobile home" should parallel language specified
in the Code of Virginia.
Mr. Jay Cook, the Assistant Commonwealth Attorney, was present to discuss the
definitions with the Commission. It was his concern that the proposed definitions may be
interpreted to be more restrictive than those in the Code of Virginia and may complicate matters
if the definitions are challenged in General District Court.
Mrs. Copenhaver moved for the adoption of the amendments to Chapter 165 with
the exception of the definitions under Article XX for "inoperable motor vehicle" and "mobile
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home" and request that those two definitions go back to the Subcommittee for further study.
This motion was seconded by Mr. Shenk and unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of amendments to the Frederick County Code, Chapter 165, Zoning,
Article II, Amendments; Article III, Conditional User Permits; Article IV, Supplementary Use
Regulations; Article V, Rural Areas District; Article VII, Residential Planned Community
District; Article X, Business and Industrial Zoning Districts and Article XX, Definitions (with
the exception of the definition of "inoperable motor vehicle" and "mobile home "), as follows:
PROPOSED AMENDMENTS TO CHAPTER 165, ZONING ORDINANCE
OF THE FREDERICK COUNTY CODE
ARTICLE II, Amendments
165 -9A Applications.
Petitions for changes in zoning district boundaries (rezonings) shall be filed with the Department
of Planning and Development. Such requests shall be on a standard form provided for this
purpose. Such petition shall include an adequate survey or other legal description of the land
area to be rezoned. Every application or reapplication shall be signed by the landowner and
applicant if the applicant is not the landowner. The Department of Planning and Development
may require that the application for rezoning be reviewed by various agencies concerned with
the use of the land.
165 -91) Procedures.
As soon as a completed application and fees have been received, the Department of Planning and
Development shall advertise the application for a public hearing at the next available Planning
Commission meeting according to the requirements of the Code of Virginia as amended.
ARTICLE I11, Conditional Use Permits
165 -169G Conditions.
Cash contributions for road improvements or for planned facilities identified in the Frederick
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County Capital Improvements Plan. REMOVE THIS CONDITION FROM ZONING
ORDINANCE
ARTICLE IV, Supplementary Use Regulations
165 -23G Setback requirements (pg. 16528)
Fences, free - standing walls, and berms shall be exempt from the setback requirements.
ARTICLE IV, Supplementary Use Regulations (Continued)
165- 24B(6) Heieht limitations. excention
If any of the above exceptions exceed the height limitation of the proposed zoning district, the
structure shall be required to be setback the normal setback plus one foot for every foot over the
maximum allowed height of that zoning district.
165- 26B(3) AccessoEy dwellings.
In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential
Performance District, R4 Residential Planned Community District, and R5 Residential
Recreational Community District.
165 -26E Accessory use
In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is
used for temporary or permanent housing on a bona fide, operating farm.
165 -27D Vehicle arking restrictions
No part of a tractor truck, tractor truck trailer, semitrailer, bus, or dump truck shall be parked
or stored within the RP Residential Performance District, the R5 Residential Recreational
Community District, or the MH1 Mobile Home Community District. Any truck with a total
length of twenty-five (25) feet or greater shall not be parked or stored within the RP, R5, or
MH1 Zoning Districts.
165-27E(7) Entrance requirements.
THIS SECTION HAS BEEN RENAMED ENTRANCE REQUIREMENTS. IT IS
CURRENTLY NAMED DRIVEWAY ACCESS. NO LANGUAGE WITHIN THIS
SECTION HAS BEEN AMENDED.
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165 -30J Sign permits.
Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from
the Frederick County Building Official.
165 - 301(l) Sign Permits.
Commemorative plaques and historical markers shall be exempt from obtaining sign permits.
ARTICLE IV, Supplementary Use Regulations (Continued)
165- 47C(2) Inoperative motor vehicles.
Inoperable motor vehicles permitted to be stored outside of a totally enclosed building shall be
completely screened from public roads or surrounding properties. Permitted screening shall
include opaque fences, opaque landscaping, or opaque natural vegetation.
ARTICLE V, RA Rural Areas District
165 -55 Setback requirements.
The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning
District.
165 -55A Traditional five acre lots.
Setbacks from traditional five acre lots shall be set out below.
165 -55AM Front setbacks.
The front setback for any principal or accessory use or structure located on a traditional five acre
lot shall be sixty (60) feet from the property line or right -of -way of the street, road, or
ingress /egress easement.
165 -55AL1 Side or rear setbacks.
The minimum side or rear setback for any principal use or structure shall be determined by the
primary use of the adjoining parcel as follows:
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ADJOINING LAND USE SETBACK (Side and Rear)
residential /vacant
agricultural
orchard
50 feet
100 feet
200 feet
ARTICLE V, Rural Area Districts (Continued)
165 -55B Rural preservation lots.
The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots
shall be set out below. Side and rear setbacks from rural preservation lot lines which adjoin any
parcel other than another rural preservation lot shall be determined by section 165- 55A(2) of this
chapter.
165- 55130) Front setback.
The front setback for any principal or accessory use or structure shall be sixty (60) feet from the
right -of -way of any existing state maintained road, and forty-five (45) feet from the right -of -way
of any existing private ingress /egress easement or state maintained road constructed to serve the
subdivision.
165- 55B(2) Side setback.
No principal use or structure shall be located closer than fifteen (15) feet from any side lot line.
165 - 55130) Rear setback.
No principal use or structure shall be located closer than forty (40) feet from any rear lot line.
165 -55C Existing structures.
The side or rear setbacks for any lot created around an existing use or structure, or any family
division lot shall be fifty (50) feet from all lot lines.
165 -55D Accessory uses.
The minimum setback for any accessory use or structure shall be fifteen (15) feet from any side
or rear property line of a traditional five acre lot or any side or rear property line of a rural
preservation lot.
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165 -56 (A) Minimum width.
The minimum width for rural preservation lots, fronting on roads proposed for dedication shall
be two hundred (200) feet at the front setback, with the exception of lots fronting on the turn-
around of a cul -de -sac, which shall have a minimum width of one hundred (100) feet at the cul-
de -sac. The minimum width for all other lots shall be two hundred fifty (250) feet at the front
setback line.
ARTICLE V11, R4 Residential Planned Community District
165- 72B(1) Alternative dimensional requirement plan.
An alternative dimensional plan may be included with the master development plan for the
development. This plan shall describe a system of dimensional requirements for all planned uses
in the development. When these dimensional requirements are approved, they shall constitute
enforceable amendments to this chapter, applying to the land included in the development, and
shall replace other dimensional requirements contained in this chapter. Such alternative
dimensional requirements shall be based on general concepts described by the plan submitted.
The Planning Commission and Board of Supervisors shall only approve an alternative plan if the
plan meets all of the intentions of this chapter, conforms with policies set forth in the
Comprehensive Plan, and follows generally accepted good planning practices.
165- 72G(1) Alternative buffer and screening plan
An alternative plan for buffers and screening and the separation of uses may be included with
the master development plan for the development. This plan shall describe a system of
buffers, screening and use separation for all planned uses in the development. When these
dimensional requirements are approved, they shall constitute enforceable amendments to this
chapter applying to the land included in the development and shall replace other buffer and
screening requirements contained in this chapter. Such alternative requirements shall be based
on general concepts described by the plan submitted. The Planning Commission and Board of
Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this
chapter, conforms with policies set forth in the Comprehensive Plan, and follows generally
accepted good planning practices. Buffer and screening requirements for the perimeter boundary
of the planned community shall not be included in the alternative buffer and screening plans.
165- 72M(3) Phasine
A reasonable balance shall be maintained between residential and non- residential uses. The
phasing plan for the development shall include a reasonable portion of the non - residential uses
in all phases of the development.
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ARTICLE X, Business and Industrial Zoning Districts
M -1 Allowed Use S( ICI
Industrial Launderers 7218
ARTICLE XX, Definitions
OPAQUE - Not transparent or translucent.
SEMITRAILER - Every vehicle of the trailer type so designed and used in conjunction with a
motor vehicle that some part of its own weight and that of its own load rests on or is carried by
another vehicle.
TRACTOR TRUCK - Every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the load and weight of the
vehicle attached thereto.
TRACTOR TRUCK TRAILER - The portion of a tractor truck without motive power, designed
for carrying property or passengers wholly on its own structure.
TRUCK - Every motor vehicle designed to transport property on its own structure independent
of any other vehicle and having a registered gross weight in excess of 7,500 pounds.
Discussion Regarding the Prince Frederick Office Park Master Development Plan located
in the Shawnee District.
Mr. Wyatt said that the Planning Commission reviewed and approved a
Preliminary Master Development for the Prince Frederick Office Park on March 3, 1993. Mr.
Wyatt said that the applicant has revised the plan to address all review agency comments and
concerns of the staff, the Planning Commission, and the Board of Supervisors. Revisions to the
plan include:
Extension of the two cul -de -sacs to be built as close to the adjoining properties as
possible.
2. Provisions for an 80' right -of -way along the east/west access road within the boundaries
of the proposed office park.
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3. Conceptual design to indicate ingress /egress from the proposed office park onto Route 50
East.
Mr. Whitney Wagner, with the Fort Collier Group and the Prince Frederick Group
(Core of Engineers site) was present to review several of the issues that were of concern when
the master plan was approved -- stormwater management and the classification of roads.
ROAD CLASSIFICATION
Mr. Wagner said that the site consisted of 92 acres, although 32 acres of the site
are not useable (steep slopes, flood plain, etc). He said that in terms of street classification,
there are four planned entrances to the park; however, they only have control over two of those- -
the upper two that adjoin Route 50. Mr. Wagner said that the other two entrances depend on
Garbers and the Winchester Regional Airport. He said that if the trips are equally distributed
on those two entrances, capacity analysis indicates that a two -lane road is adequate, if additional
turn lanes are added at Route 50 access points. Mr. Wagner explained that they intend to build
a right turn lane, two left turn lanes, and an incoming lane (in essence, four lanes at Rt. 50).
He said that they will also provide a traffic light when needed. Mr. Wagner said that based on
3,000 TPD (the amount of trips a major collector will handle per day) per entrance, they would
be able to have approximately 700,000 square feet of office in R &D. 1 He said that the
developers of this park would be willing to limit development to 700,000 square feet of office
R &D or any combination of uses that would limit the trips to 3,000 TPD. Mr. Wagner said that
in the event that an artery would need to be brought through, they would be willing to dedicate
an 80' right -of -way all the way along the two major roads, so that in the event a four -lane road
is needed, the right -of -way would be available.
STORMWATER MANAGEMENT:
Mr. Wagner next proceeded to speak about the drainage calculations that were
made for the Route 50 pond located in front of Carpers Valley Golf Course. He said that the
total water shed contributing to the pond is 1,100 acres- -460 acres of that is contributed by the
Sulphur Springs Run drainage area and 640 acres is contributed from the north side of Route 50,
coming south. He concluded that their park is 92 acres of the Sulphur Springs Run area and
contributes approximately 7.6% of the total water that goes through the Route 50 pond. Mr.
Wagner said that they are only required to retain the difference between the pre- development and
post - development runoff on their site. Mr. Wagner said that after discussions with the county's
engineer, Ed Strawsnyder, and the Planning Staff, he feels that a reasonable solution has been
reached. He said that the developers and land owners are willing to dedicate, fee simple, a
stormwater management location. Mr. Wagner said that until that facility is planned and built,
they will proceed to provide the typical stormwater management that has already been presented.
Mr. Wagner requested that the Planning Commission allow the staff to
administratively approve the site plan. He also asked that the Planning Commission recommend
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approval of the amended master plan to the Board of Supervisors.
Chairman Golladay recalled a discussion some time ago about using the Carpers
Valley pond on Route 50 for stormwater management. Mr. Wagner replied that they had at one
time intended to enlarge the pond for the Corp of Engineers site, but the watershed did not work
well and too much vegetation would need to be disturbed.
Mrs. Sherwood recalled that Mr. Wagner had stated that other land owners might
opt into the regional stormwater management system. She asked if the intent was for the county
to ultimately take over the system. Mr. Wagner said that the County would have to build and
own the system, but it would be prorated among the landowners.
Mr. Light said that he had the same concern as he did during the first review of
this plan, and that was the lack of a second entrance. He felt a second entrance was needed in
the phasing process, either on Route 522 or to the airport road.
The Commissioners were in general agreement that the revisions to the master plan
were an improvement in the design of the overall project. A motion was made by Mr. Shenk
and seconded by Mr. Wilson to allow the staff to proceed with administrative approval of the
site plan. This motion was unanimously passed. A motion was next made by Mr. Marker and
seconded by Mrs. Copenhaver to recommend approval of the amended master development plan
to the Board of Supervisors. This motion was also unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to allow the staff to proceed with administrative approval of the Prince Frederick Office
Park site plan and does also unanimously recommend approval of the amended master
development plan to the Board of Supervisors.
Discussion Regarding Truck or Freight Maintenance Facilities as an Allowed Use in the
M 1 (Light Industrial) Zoning District.
Mr. Wyatt said that the DR &RS discussed an application to allow truck or freight
maintenance facilities as a principal use in the M 1 Zoning District on March 11, 1993. He said
that this type of facility is currently permitted, provided the use is accessory to a trucking
operation. Mr. Wyatt said that the EDC credits Frederick County's trucking operations as a real
strength in attracting distribution operations, however, the EDC and several persons involved in
industrial operations see the separation of truck/freight maintenance facilities and distribution
operations as a disadvantage.
Mr. Wyatt said that the DR &RS believed that this type of operation should be
permitted in the M1 Zoning District with performance standards. He said that their greatest
concern was the potential for this type of operation to evolve into a truck stop. An Ad Hoc
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Committee was formed consisting of June Wilmot, EDC Director; George Romine, Planning
Commission member; Douglas Toan, local industrial developer; Wayne Miller, Zoning
Administrator; and Evan Wyatt, Planner; to create performance standards for the proposal. Mr.
Wyatt presented those to the Commission.
Referring to the performance standards, Mr. DeHaven felt that allowing only one
storage tank of 10,000 gallons or less for diesel fuel would be a hardship because of the need
for both diesel and gasoline for fuel.
Mr. Douglas Toan, a local industrial developer /builder and member of the AdHoc
Committee, felt the amendment with the proposed performance standards would eliminate an
existing problem in industrial parks and actually make existing industries look and perform
better.
Mr. Todd Shenk said that his concern, should this become a separate allowed use,
is that there would be no control over the scope of the use. He said that right now, there is one
operation that serves "X" number of customers; however, if three or four come in, they will be
serving several different surrounding areas and customers would be coming in from outside the
industrial park. Mr. Shenk said at that point, the use may become the predominant use of that
industrial park.
The Commissioners next discussed whether there should be an approval process
for truck /freight maintenance facilities proposed for land which is zoned M1, but which is not
part of a master planned industrial park. It was the consensus of the Commission that this use
should only be permitted in industrial parks at this time.
The Commissioners felt that the staff could proceed to advertise the amendment
for the next available public hearing.
Preapplication Conference with G_ W. Clifford & Associates Regarding a Preliminary
Master Development Plan for an Industrial Use on 66.43 Acres, Zoned M2, for the
Henkel Harris Company_
Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, presented a
proposed master development plan for 66 acres of M2 -zoned land situated on the south side of
Shawnee Drive for the Henkel Harris Company. He said that this property is the site of the old
Capital Records building.
Mr. Maddox said one of the major reasons for presenting this master plan is that
this site has the potential to be subdivided in the future and the ordinance requires an approved
master development plan prior to subdivision of any industrially -zoned property.
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Mr. Maddox noted that Wallichs Road may have to be relocated to accommodate
one of the possible subdivided sites. Mr. Maddox also spoke about the extension of the sewer
line to accommodate future subdivision.
Discussion by the Commission centered on extension of the sewer line and traffic
concerns on Shawnee Drive.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:10
p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
iz" s,
Jame/ W. Golladay, Jr., ChaifAan
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