July 31, 2006 Work Session
035
A W orksession ofthe Frederick County Board of Supervisors was held on Monday, J ul y 31,
2006, at 12: 15 P.M., in the Board of Supervisors ' Meeting Room, County Administration Building,
107 North Kent Street, Winchester, Virginia.
BOARD MEMBERS PRESENT
Chairman Richard C. Shicklc; Vice-Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary
W. Dove; Gene E. Fisher; Philip A. Lemieux; and Barbara E. Van Osten.
OTHERS PRESENT
Planning Commission Chairman June Wilmot; Planning Commissioners Roger Thomas,
John Light; Greg Kerr; George 1. Kriz; Gregory L. Unger; H. Paige Manuel; Robert Morris; Charles
Triplett; and Comprehensive Plans and Programs Subcommittee member Diane Kearns
CALL TO ORDER
Chairman Shickle called the worksession to order and turned the presentation over to Senior
Planner Susan Eddy.
Senior Planner Eddy advised that this year's requests consisted of the following: six -
UDAJSWSA expansions and one - SWSA expansion. Two of the proposed requests included text
amendments. She went on to say that many of the applications had provisions for a community
facility, road improvements, or a particular type of housing; however, the Board's focus should be
on the basic land use. She then advised the Board of the number of undeveloped lots within the
Urban Development Area: 9,924 residential lots and 25,000+ lots with residential potential for a
total of35,000 lots.
Staff then reviewed each application:
#01-06 CrossDointe
This application is a request for a UDAJSWSA expansion. This one parcel is located
adjacent to the Crosspointe Development. It totals 303 acres with 251 currently in the UDAJSWSA
and 52 acres proposed for UDA/SWSA expansion. The property is currently zoned RA (Rural
Areas) and its current land use designation is mixed use. The application is requesting a mixed use
designation for residential. She concluded by saying the Comprehensive Plans and Programs
Subcommittee recommended further study as part ofa wider study area from 1-81 to Route 522.
#02-06 Huntsberrv Estate
Minute Book Number 32
Board of Supervisors Worksession with Planning Commission
(Comprehensive Policy Plan Requests) on 07131106
036
This property is located in a historic, developmentally sensitive area and is surrounded by
the Red Bud Ag. & Forestal District, but is not in the district. This application was submitted in
2004 and 2005, but was not sent forward for more study. This application is a request for a
UDAJSWSA expansion consisting oftwo parcels located south of Stephenson Village totaling 240
acres. This property was partially located in the UDA prior to 2003. The current zoning is RA
(Rural Areas) and the current land use designation is Historic/Developmentally Sensitive. The
applicant is requesting a land use designation of residential and historic. The Comprehensive Plans
and Programs Subcommittee did not recommend further study.
#03-06 Newtown Villae:e
This property is located adjacent and to the north of the Town of Stephens City. This
application is a request for UDAJSWSA expansion. The property consists of two parcels and
contains 79.25 acres. It is currently zoned RA (Rural Areas) with a land use designation of
industrial and no designation. The applicant originally requested a land use designation of
residential, but has since advised staffthat he would like to change this application to a SWSA only
expansion and a land use designation of commercial.
#04-06 Solenbere:er-Rest Church
This application is requesting a S WSA expansion only. The property consists of four parcels
totaling 287 acres, some of which is currently in the SWSA. It is located west ofI-81 Exit 323. The
property is currently zoned RA (Rural Areas) with a land use designation of commercial and no
designation. The applicant is requesting a land use designation of industrial and commercial.
#05-06 Round Hill Center/National Lutheran Home
Senior Planner Eddy advised part of this application is located within the Round Hill
Community. This application is a request for UDAJSWSA expansion. The property consists of six
parcels totaling 370 acres. The current zoning is RA (Rural Areas) with a land use designation of
commercial and no designation. The applicant is requesting a land use designation of mixed-use
(residential and business). Approximately 100 acres ofthis property would be commercial and the
remainder residential. The Comprehensive Plans and Programs Subcommittee recommended further
study, but would look to the Board for its view on timing for the study of this application.
#06-06 Clearview
Minute Book Number 32
Board of Supervisors Worksession with Planning Commission
(Comprchcnsive Policy Plan Requests) on 07/31/06
037
This application is requesting a UDA expansion and was submitted in 2004 and 2005, but
was not recommended for further study. The property consists offour parcels containing 130 acres
located adjacent to the 1-81 Welcome Center. The property is currently zoned RA (Rural Areas)
with no land use designation. The application is requesting a land use designation of residential.
The Comprehensive Plans and Programs Subcommittee did not recommend further study of this
application.
Senior Planner Eddy advised this application contained a text amendment. The applicant
suggested the following changes to the Comprehensive Policy Plan language:
Concentrate urban development to those areas within the UDA/SWSA, parcels
immediately adjacent or partially within and other areas that can meet or improve public
serVIces.
Allow Planned Unit Development's in the UDA and in the rest of the county with
adequate water and sewer and where quality offsets or exceed costs.
The Comprehensive Plans and Programs Subcommittee did not recommend further study of the
proposed text amendment.
#07-06 The Grove
This application is requesting a UDAlSWSA expansion. Senior Planner Eddy noted this was
the only application that would be affected by the proposed UDAlSWSA boundary changes. The
property consists of 11 parcels consisting of 320 acres. Part of the property is located within the
SWSAlUDA. The current zoning is RA (Rural Areas) with no land use designation. The applicant
is requesting a land use designation of residential. The Comprehensive Plans and Programs
Subcommittee recommended further study of this application.
Senior Planner Eddy advised this application contained a text amendment similar to the
previous application and the Comprehensive Plans and Programs Subcommittee did not recommend
further study of the proposed amendment.
Chairman Shickle reviewed the list of applications and asked the Board and Planning
Commission if they had any questions on any of the applications.
With regard to #02-06, Huntsberry Estate, Supervisor Dove asked how much of the property
was located in the UDA.
Senior Planner Eddy responded about Y2 of the site.
Minute Book Number 32
Board of Supervisors Worksession with Planning Commission
(Comprehensive Policy Plan Requests) on 07/31/06
038
Supervisor Dove asked ifthere was any litigation pending on this property.
Senior Planner Eddy replied that she was not aware of any.
Supervisor Dove asked why the Comprehensive Plans and Programs Subcommittee did not
recommend further study of this site.
Senior Planner Eddy responded because the property is historic, it is in elose proximity to
a battlefield, and the property is adjoined by an agricultural and forestal district.
Planning Director Eric Lawrence advised that the historic portion of the property was
removed from the UDA in 2003.
With regard to #05-06, Round Hill Center/National Lutheran Home, Supervisor Lemieux
asked ifthere was any implication on real estate or sales tax that staff was aware of.
County Administrator John Riley cited WestministerCanterbury as an example ofa similar
development. He advised the County entered into a comprehensive agreement with Westminister
Canterbury for a payment in lieu of taxes to cover county services.
With regard to #06-06, Clearview, Supervisor Lemieux asked for the subcommittee's
rationale regarding its recommendation not to study this application.
Senior Planner Eddy responded the committee looked at the location of this site, which is
west ofI-81, so it would be sticking out by itself. Second, the committee felt there was more going
on with the Round Hill proposal (i.e. commercial and residential uses).
With regard to application #07-06, The Grove, Chairman Shickle asked if the UDAlSWSA
adjustments were approved, what added benefit would the applicant get from the text amendment.
Senior Planner Eddy advised the proposed amendmcnt would apply throughout the county
and not just on the applicant's property.
Supervisor Van Osten asked why the subcomm ittee did not recommend the text amendment.
Senior Planner Eddy replied the Committee thought they would be opening an incredible
door that would allow urban development anywhere adjacent to the UDA.
Planning Commission Chairman June Wilmot stated that Board's recommendation should
also set the timing of the study of each application, either now, later, or not at all.
Commissioner Thomas stated this was a time consuming process and the impact of the
decisions would not be felt for thrcc to five years. He advised that he was concerned with the
Minute Book Number 32
Board of Supervisors Worksession with Planning Commission
(Comprehensive Policy Plan Reqnests) 011 07/31106
039
Huntsberry Estate, but he did not consider the information submitted adequate to study and he felt
the same way about Newtown Village.
George Kriz advised that N ewtown Village submitted its application for residential and then
changed it to commercial. He stated that change occurred aftcr the deadline; therefore, the applicant
should submit the commercial application next year.
Chairman Shickle polled the Board regarding their feelings about whether to make a decision
today or wait until later to allow the Board to have more time.
Supervisor Dove wanted to wait in order to give the Board more time to ask questions. He
went on to say that he thought the application process needed to be fixed.
Supervisor DeHaven stated that he was ready to decide, but he was not opposed to waiting.
Supervisor Van Osten agreed with Supervisor DeHaven.
Vice-Chairman Ewing stated that he did not have a preference.
Supervisor Fisher wanted to wait.
Supervisor Lemieux wanted to wait.
Administrator Riley advised that staff could schedule this item for the Board's August 23,
2006 meeting.
The Board asked Senior Planner Eddy to do an abbreviated presentation to the Board at that
meeting.
Commissioner Light recommended that the Board sit in the subcommittee's meeting next
year to hear the applicants' presentation.
Ms. Kearns stated that applicant presentation and discussions with the subcommittee were
both helpful and informative.
Commissioner Kerr stated that he would like to see the National Lutheran Home appl ication
studicd sooner rather than later.
UPON A MOTION MADE BY VICE-CHAIRMAN EWING, SECONDED BY
SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (1:10 P.M.)
Minute Book Numbcr 32
Board of Supervisors W orksession with Planning Commissioll
(Comprehensive Policy Plan Requests) 011 07/31/06
040
\2.J2-o (1 '), 0 .-.0----,
Richard C. Shickle
Chairman, Board of Supervisors
Minutes Prepared By: (h ,f) f~ '-t2J-
J;;;;nbs
Deputy Clerk, Board of Supervisors
Minute Book Number 32
Board of Supervisors W orksession with Planning Commission
(Comprehensive Poliey Plan Requests) on 07/31/06