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July 12, 2004 Work Session 001 A Worksession ofthe Frederick County Board of Supervisors was held on Tuesday, July 12, 2004 at 12:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. BOARD MEMBERS PRESENT Chairman Richard C. Shickle; Vice-Chairman Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; and Lynda 1. Tyler. BOARD MEMBERS ABSENT W. Harrington Smith, Jr. OTHERS PRESENT Planning Commission Chairman Charles S. Dehaven, Jr.; and Planning Commissioners Roger Thomas, John Light; Pat Gochenour; Marie F. Straub; George 1. Kriz; Gregory L. Unger; Bill Rosenberry; Charles Triplett; and Gene Fisher; and Comprehensive Plans and Programs Subcommittee members Marjorie Copenhaver; Diane Kearns; Jay Banks; Sue Ann Teal; Jim Golladay; and June Wilmot. CALL TO ORDER Chairman Shickle asked staff to begin by giving a brief explanation/overview of the new comprehensive plan amendment process. Deputy Director Mohn advised that in the past staffwould take individual requests, via letter, and refer them to the Comprehensive Plan Committee. The Committee would discuss the request and refer it to the Planning Commission and Board for consideration. The new process requires the submission of an application and accompanying fee. The applications are now reviewed annually. If an application does not go through the cycle then the application fee is returned to the applicant. Deputy Director Mohn stated that this new process is meant to put greater certainty into the application review and selection. He advised that staff would be looking for Board direction regarding whether or not to move any or all of these applications through the process. He explained that an applicant can come back to the Board with their request at a later date, in the event it is denied. He concluded by saying that 10 of the 11 application requests involve Urban Development Area expansions. Staffthen reviewed each application: Minute Book Number 30 Board of Supervisors Worksession with Planning Commission and Comprehensive Plans and Programs Subcommittee on 07/12/04 -~ 00 I) Newtown Village - An Urban Development Area expansion request to include this III acre parcel. The intent of this expansion is to allow the applicant to submit an application for an R-4 mixed use application. This property is located in the joint County/Stephens City planning area, which is currently part ofthe annexation agreement between the County and Town. 2) Townes of Tasker - This project is not an Urban Development Area or Sewer Water Service Area expansion request, but is a request for land use clarification. The property is currently zoned for institutional use. 3) Jordan Springs - This is a request to expand the Urban Development Area to include the entire parcel and would allow the owner to pursue more intense development. 4) Tasker Woods - This is both an Urban Development Area and Sewer Water Service Area expansion request. The applicant envisions residential use for this parcel. 5) Huntsberry - This is a request to expand the Urban Development Area. The property is designated as a development sensitive area as it is part of the Third Battle of Winchester. 6) Leonard Property - This is a request to expand the Urban Development Area. The property is located along White Oak Road and approval would set the stage for a residential project. One consideration is whether or not the Urban Development Area should "jut out" or should a larger acreage be taken in by including other parcels. 7) Burcham View - This is a request to expand the Urban Development Area. The property is situated adjacent to the Route 277 triangle. The property is separated from the Urban Development Area by some other properties. 8) Solenberger-Bridgeforth - This is a request to expand the Urban Development Area to include the lower quadrant of the West Jubal Early Land Use Plan. This expansion would open up the full area to be planned. 9) Perry Property - This is a request to expand the Urban Development Area and change the land use designation. The current Urban Development Area captures a comer of this property, which is also located in the Sewer Water Service Area and is zoned B-2. The proposal would create a mixed use commercial/residential development. 10) Moreland Lane - This is a request to expand the Urban Development Area to include this parcel, which is located in the northwest section ofthe county. Granting this request would permit the property to develop as either commercial or residential. There may be a need to take some other adjacent parcels into the Urban Development Area as well. 11) Molden/Wilkins/Lehman - This is a request for a 26 acre expansion of the Urban Development Area. The property is located adjacent to the Perry property and County owned property, which serves as the County's impound yard and firing range. Deputy Director Mohn advised that the applicants and/or their representatives were present to answer any questions the Board might have. He went on to say that there was a need to conduct a study and analysis ofthe Urban Development Area and this could be undertaken following the R-A (Rural Areas) Study. He concluded by saying that staff was looking for Board direction regarding whether to send the applications to committee or deny them. A discussion followed regarding the need to undertake a study of the Urban Development Minute Book Number 30 Board of Supervisors Worksession with Planuing Commission and Comprehensive Plans and Programs Subcommittee on 07/12/04 ''-----~ 003 Area and whether or not to proceed with this process prior to completion of this study. The consensus was to proceed with review ofthe applications submitted, as there was no way to stop the current process so a study of the Urban Development Area could be undertaken. Commissioner Straub advised that she had asked staffto prepare a map showing existing RP (Residential Performance) zoned properties, which were undeveloped. This amounted to 2,800 acres. She stated that approval of these applications would add an additional 1,300 acres to this amount and she had a hardship doing this knowing the school situation and adding "more to the mix". Supervisor Ewing advised that the problems for him were with the infrastructure (e.g. roads and water/sewer). He felt the County needed to improve in these areas before adding more. Supervisor Forrester thought it was premature for the Board to say that the County could accept and accommodate these applications; however, each one has its merits. The Board advised that they would review each application, individually, and receive comments from the Planning Commission and Comprehensive Plans and Programs Subcommittee members. The Board would vote on whether or not the applications would go forward through the process. 1) Newtown Village - DENIED Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. 2) Townes of Tasker - DENIED No No No No Gina A. Forrester No Absent No W. Harrington Smith, Jr. Lynda J. Tyler Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing Yes No Yes Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler No Absent No No Minute Book Number 30 Board of Supervisors Worksession with Planning Commission and Comprehensive Plans and Programs Subcommittee on 07/12/04 00 This application was denied. Chairman Shickle advised that this denial would not prohibit the applicant from coming forward with a rezoning application. He stated that the Board would be reluctant to entertain a rezoning to RP (Residential Performance) District. 3) Jordan Springs - DENIED Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing No No No No Gina A. Forrester No Absent No W. Harrington Smith, Jr. Lynda 1. Tyler This application was denied. 4) Tasker Woods - Urban Development Area Expansion - DENIED; Sewer Water Service Area Expansion - APPROVED Chairman Shickle polled the Board regarding their willingness to send the Urban Development Area expansion request through the process. Richard C. Shickle Yes No Gina A. Forrester No Absent No Barbara E. Van Osten Gary W. Dove Bill M. Ewing Yes W. Harrington Smith, Jr. Lynda J. Tyler No This request was denied. Chairman Shickle polled the Board regarding their willingness to send the Sewer Water Service Area expansion request through the process. Richard C. Shickle Yes Gina A. Forrester Yes Barbara E. Van Osten Yes W. Harrington Smith, Jr. Absent Gary W. Dove Yes Lynda J. Tyler Yes Bill M. Ewing No This request was approved. 5) Huntsberry - DENIED Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Yes Gina A. Forrester No Minute Book Number 30 Board of Supervisors Worksession with Planning Commission and Comprehensive Plans and Programs Subcommittee on 07/12/04 Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. 6) Leonard Property - DENIED No W. Harrington Smith, Jr. Lynda 1. Tyler 005 Absent No Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. 7) Burcham View - DENIED Yes No Yes No No No Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler No Absent No Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. No No No Gina A. Forrester W. Harrington Smith, Jr. Lynda 1. Tyler Not present for vote 8) Solenberger-Bridgeforth - APPROVED No Absent No Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was approved. 9) Perry Property - DENIED Yes Gina A. Forrester No Absent Yes Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Yes Yes No W. Harrington Smith, Jr. Lynda J. Tyler No Gina A. Forrester Minute Book Number 30 Board of Supervisors W orksession with Planning Commission and Comprebensive Plans and Programs Subcommittee on 07/12/04 No 006 Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. 10) Moreland Lane - DENIED No No No W. Harrington Smith, Jr. Lynda 1. Tyler Absent No Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. No No No No Gina A. Forrester No Absent No w. Harrington Smith, Jr. Lynda 1. Tyler 11) Molden/Wilkins/Lehman - DENIED Chairman Shickle polled the Board regarding their willingness to send this application through the process. Richard C. Shickle Barbara E. Van Osten Gary W. Dove Bill M. Ewing This application was denied. No No No No Gina A. Forrester No Absent No W. Harrington Smith, Jr. Lynda J. Tyler Following review of the eleven applications, the Board discussed the proposed study of the Urban Development Area and the Route 277 triangle in order to determine which should take priority following the Rural Areas study. Chairman Shickle polled the Board regarding which of these two issues should be a staff priority. Richard C. Shickle Rt. 277 Gina A. Forrester UDA Barbara E. Van Osten UDA W. Harrington Smith, Jr. Absent Gary W. Dove UDA Lynda J. Tyler UDA Bill M. Ewing UDA The Board selected the study of the Urban Development Area as a staff priority. There being no further business, the worksession was adjourned at 2:00 P.M. Minute Book Number 30 Board of Supervisors W orksession with Planning Commission and Comprehensive Plans and Programs Snbcommittee on 07/12/04 ~~~~ Richard C. Shickle Chairman, Board of Supervisors 007 ~4! -{- Joh , Riley, Jr. Clerk, Board of Supervisors c~ r ~.u Jay E. 'bb Deputy Clerk, Board of Supervisors Minutes Prepared By: Minute Book Number 30 Board of Supervisors Worksession witb Planning Commission and Comprehensive Plans and Programs Subcommittee on 07/12/04