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
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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
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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
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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
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Richard C. Shickle
Chairman, Board of Supervisors
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~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