CPPC 03-09-98 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 540/678-0682
MEMORANDUM
TO: Comprehensive Plans and Programs Subcommittee
FROM: Evan A. Wyatt, Deputy Director
iz
RE: March Meeting and Agenda
DATE: March 4, 1998
The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be meeting
on Monday, March 9, 1998 at 7:30 p.m. in the first floor conference room of the County
Administration Building, 107 North Kent Street, Winchester, Virginia. The CPPS will discuss
the following agenda items:
AGENDA
I. Request from Mark Smith, Greenway Engineering, to extend water and sewer service
to Mr. Lynwood Ritter's mobile home development located on the western side of
Hudson Hollow Road (Route 636), in the Opequon Magisterial District.
I1. Discussion regarding information and strategies necessary to begin land use studies
along the Front Royal Pike corridor (Route 522 South) and the Shady Elm Road
corridor (Route 651).
III. Other.
Staff has been directed to advise all committee members that access to the County Administration
Building for night meetings that do not occur in the Board room will be limited to the back door
of the four-story wing. I would encourage committee members to park in the county parking lot
located behind the new addition or in the Joint Judicial Center parking lot and follow the
sidewalk to the back door of the four-story wing.
Please bring your copy of the 1997 Comprehensive Policy Plan to this meeting if you have not
provided it to our department to be updated. Please contact our department if you are unable to
attend this meeting. Thank you.
U:\EVAN\COMMON\CPPS\030998.MTG
107 North Kent Street • Winchester, Virginia 22601-5000
ITEM # I
WATER AND SEWER EXTENSION REQUEST
Please find enclosed a letter from Mr. Mark D. Smith, Greeway Engineering, to Kris Tierney,
Planning Director, dated January 23, 1998, requesting connections to the existing water and sewer
system at Sherando Park to serve property owned by Mr. Lynwood Ritter. This property is
identified as P.I.N. 86-A-208, is 5.64 acres, is zoned MH -1, Mobile Home Community District,
and is the site of Ritter Mobile Home Park. The county address database identifies five units with
addresses on this tract.
The CPPS considered a similar request for this parcel in December 1994 and February 1995. The
CPPS recommended that water and sewer service should not be extended to this property at that
time. Please find enclosed a copy of the minutes from the April 5, 1995 Planning Commission
meeting, and the minutes from the April 26, 1995 Board of Supervisor meeting. The Planning
Commission and Board of Supervisors denied this request by majority vote at that time.
Staff has created two maps which depict the proposed layout for water and sewer service to the
Ritter Mobile Home Park for your information. Staff has also discussed this issue with Mr. Jim
Doran, Director of Parks and Recreation. Mr. Doran has advised staff that the applicant has not
submitted a request to present this proposal to the Parks and Recreation Committee at this time.
Mr. Doran also stated that if a favorable recommendation was made by the Parks and Recreation
Committee, his department would need to receive verification from the Department of Interior
or the their designated state agency (the Department of Conservationa and Recreation) to
determine if an easement could be granted for this improvement.
Staff recommends that the CPPS discuss the following issues with the applicant:
• How many existing mobile homes will be served by this improvement?
• Are there plans for future expansion if this improvement is allowed? (The property is
currently zoned MH -1 which would permit a maximum of 8 units per acre or 45 units.)
• Is there sufficient capacity to serve this site under both scenarios listed above?
• Do other property owners in the area have the ability to tie into this system?
Staff recommends that the CPPS consider the following issues regarding this proposal:
Does the extension of water and sewer service outside of the SWSA for this proposal set
a precedent that will be followed by others, or is this a unique situation?
Is it reasonable to extend water and sewer service outside of the SWSA this distance
without compromising the validity of the Comprehensive Policy Plan?
Founded in 1971
BEEN AY ENGINEERING
151 Windy I fill lane
Windiester, Virginia 22602
January 23, 1998
County of Frederick
Dept. of Planning
107 N. Kent Street
Winchester, Va.
ATT: Chris Tierney,
Planning Director
RE: Ritter
Dear Mr. Tierney:
On behalf of our client, Mr. Lynwood Ritter, and to comply with a State's DEQ consent
order, we are requesting Mr. Ritter be granted permission to connect to the existing water
and sewer system at Sherando Park. This connection will allow the closure of an existing
open air lagoon which now services the mobile homes on Mr. Ritter's property. Attached
are preliminary routing plans that show the location of the water and sewer connections
into the park area. Once you have reviewed the information please contact me to discuss
the procedure and time frame required to facilitate this request.
Thank you for your time in this matter. Please contact me should there be additional
information needed.
Sincerely,
Greenway En&ineeri-fi
Mark D. Smith, P.E., L. S.
President
F,ngincers Survevnrs
Telephone 540-6i,2-4155 FAX 540-722-9� 28
12
Commission, and both of these people's recollection was the same as his. Mr. Stiles felt
that the Commission also needed to revise the minimum road frontage. Mr. Stiles said that
in conjunction with this, he discovered that the "one-time division lot" was also removed
from the ordinance and he was not aware of this or in favor of it. Mr. Stiles said that this
was an important part of protecting and preserving agricultural land in Frederick County.
Several of the Commission members, Mr. Marker, Mr. Thomas, and Mrs.
Copenhaver, said that they distinctly remembered detailed discussion of this issue at the
subcommittee level. Mr. Light said that as a realtor, he also was aware of the two -acre
minimum lot size required by the ordinance. Mrs. Copenhaver said that the 250' frontage
was established to prevent too many driveways from coming out onto a main road. Mr.
Thomas felt that if the goal was to preserve agricultural land, then it would be best to Iook
into the elimination of the five -acre lot.
Mr. Charles W. Orndoff, Sr., Stonewall District Representative on the Board
of Supervisors, said that he recently gave each of his five children approximately 1 1/2 -
1 3/4 acre to build on. Mr. Orndoff said that this acreage is sufficient for them for a septic
and a nice home and is probably even too much land. iNlr. Orndoff said that he agreed
with Mr. Stiles in that as far as he could recall, fancily subdivisions were not discussed at
the Board meeting in 1991 when the Rural Areas District was amended. He said that he
spoke with Mr. Dudley Rinker and Mr. Harrington Smith, who were both on the Board
at the time, and they did not recall changing the family subdivision lot size. Mr. Orndoff
felt that it should be rescinded and changed back to the one -acre miniinum.
Mr. Donald Welsh, area resident, said that he felt the family lot division was
being abused by some people. Mr. Welsh said that he knew of an instance where a person
received approval to give each of his three very young children lots, however, the parent
built on the lots and sold them. Mr. Welsh felt that family lot subdivisions should have an
age limit, a time limit on building, and that the recipient of the lot should be required to
reside on the lot. Mr. Welsh said that lie also was unaware that the minimum family lot
size was changed to two acres.
Some of the Commissioners said that they still firmly believed in the two acre
lot size, however, they would be willing to relax width requirements with the stipulation
that shared driveways were used. tNlr. Thomas said that he was fairly involved with this
issue at the time it was changed and he said that it was studied very deliberately. t*vlr.
Thomas felt that it shouldn't be changed without serious investigation. After lengthy
discussion, the consensus of the Commission was to send the issue to the DRRS for studv.
4/5
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RECOMMENDATION OF THE COMPREHENSIVE PLANS AND PROGRAMS
SUBCOMMITTEE (CPPS) CONCERNING THE REQUESTOF LINWOOD RITTER FOR
3982
13
SEWER EXTENSION
Mr. Tierney said that the CPPC again discussed this matter at their March
meeting, at the request of the Planning Commission, and it was the consensus of the CPPC
that it would not be appropriate to extend either the Sewer and Water Service Area or the
Urban Development Area at this time. Mr. Tierney said that the Committee's decision was
based on the precedent situation that may be caused by extending the Sewer and Water
Service Area to accommodate an individual property owner, let alone an individual
enterprise.
Commissioners noted that Mr. Ritter's property was zoned MH -1 (Mobile
Home) and if he was permitted to connect to the sewer, he could place 42 mobile homes on
his parcel. It was noted that not far from this property, there was another mobile home
park with a similar system and the same zoning. The Commissioners were concerned about
the precedent setting situation that may be caused by extending sewer to Mr. Ritter's
property. They were also concerned about the open lagoon on the property, which is
adjacent to the park, and the probability of it presenting an environmental and public
safety/health hazard. They wanted to see a solution to that problem, however, most of the
Commissioners felt that extending a sewer line was not the best solution. The staff noted
that Mr. Ritter will be required by the Department of Environmental Quality (DEQ) to
upgrade his system. Mr. Tierney said that once :1-1r. Ritter applies for his DPDES permit,
he will be required to upgrade his system within four years.
Mr. Light moved to recommend denial of ibli-. Ritter's request for sewer
extension to his MH1 property located on Route 636. This motion was seconded by Mrs.
Copenhaver and was passed by a majority vote.
BE IT RESOLVED, That the Fredericl< Countv Planning Commission does herebv
recommend that Mr. Linwood Ritter's request for sewer extension to his ylHl property
located on Route 636 be denied. The Planning Commission felt that it would not be
appropriate to extend either the SeNver and Water Service Area or the Urban Development
Area at this time.
The vote on this recommendation was:
YES TO DENY THE SEWER HOOK-UP : Ours, :Morris, ilklarker, Copenhaver, Light,
DeHaven
NO: Shickle, Thomas, Romine, Stone
APPOINTMENT OF MR. RICHARD C. OURS TO Tlli; COitiIPREIIENSIVE PLANS
3983
4 /2-GIO
(305 MM
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
MASTER DEVELOPMENT PLAN OF VALLEY MILL ESTATES -
APPROVED
Mr. Kris Tierney, assistant planning director, presented
this request to the Board stating that it was for twenty-two
single family detached homes on sixteen acres. He further
stated that staff and Planning Commission has recommended
approval.
Mr. Orndoff moved to approve and Mr. Sager seconded the
motion.
Mr. Sager stated that he has a problem with all the differ-
ent sets of rules that are being applied to these various master
development plans.
Mr. Smith stated that he agrees.
Mr. Sager stated that he feels the rules need to be the
same for all development.
Mr. Longerbeam feels this is VDOT's call.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
5 REQUEST OF LINWOOD RITTER FOR A SEWER EXTENSION DENIED
N ` Mr. Tierney presented the request of Mr. Linwood Ritter for
au orization to extend sewer to his MH -1 (Mobile Home) property
located on Route 636. He explained that the Planning Commission
had met with Mr. Ritter and in turn passed the request to the
Comprehensive Plans and Programs Committee for a recommendation.
The Committee discussed the request at their meeting of December
12, 1994. The Committee recommended against permitting the
extension. Mr. Tierney further explained that in order to
permit the request, either the Sewer and Water Service Area or
the Urban Development Area would have to be extended to encom-
pass the Ritter property, and the committee felt that to do so
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would set a precedent that would open the door to numerous
requests for similarly situated properties to request sewer
extensions. There have been additional meetings with various
agencies and Mr. Ritter however, the recommendation from the
Planning Commission remains the same,
Mr. Dick asked if this property has been fully develop-
ed.
Mr. Tierney replied there would be a total of thirty
mobile homes when completed.
Mr. Ritter appeared before the Board on behalf of his
request noting that he presently has seventeen connections.
Mr. Wyatt, planner II, explained there would be avail-
able space for twenty three additional trailers which would
be in addition to the seventeen he already has.
Mr. Sager stated that it was his understanding that the
only thing that Mr. Ritter was requesting was to install an
additional holding pond that would generate 5,000 gallons
per day, and his main concern was getting rid of this septic
pond that is so close to the park, and he wondered if there
was a compromise that could be agreed upon therefore he
moved to have this tabled until further discussions could be
held.
There was no second to this motion.
Mr. Smith asked if the Sanitation Authority has been
contacted with regard to this, and if so, what was there
comments.
Mr. Tierney replied yes, and that Mr. Jones, director,
has no problems with it.
Mr. Longerbeam explained that he was opposed to this as
he felt it would in fact be setting a precedent as he
explained when the Fulton request was brought before the
Board therefore he would move for this request to be denied.
Mr. Smith seconded the motion.
The above motion was approved by the following recorded
vote., 11
42-095-
(306,
(305 149E
N
Richard G, Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Nay
Jimmie K. Ellington - Nay
Charles W. Orndoff, Sr. - Aye
HISTORIC PLAOUES PRESENTED TO COUNTY PROPERTY OWNERS
Mr. Eric Lawrence, planner I, appeared before the Board and
explained that the Historic Resources Advisory Board which was
created as a means of furthering historic preservation, has
worked over the past two years towards developing a program that
recognizes historic properties and therefore would like to
present the following county property owners their historic
plaques:
Old Frederick County Courthouse
Springdale
St. Thomas Episcopal Church
Monte Vista
sunrise
Springdale Flour Mill
Hopewell Friends Meeting House
Poor House
Belle Grove
DELETION OF A ROAD NAME - APPROVED UNDER CONSENT AGENDA
Mr. Mark LeMaster, mapping and graphics manager, submitted
areport noting that the Road Naming Committee had met and re-
viewed a citizen request to remove a road name, Fiddlers Bow
Lane, from the County Road Name System, and the committee
recommends that the Board approve the removal of the road name.
INFORMAL DISCUSSION REGARDING PROPOSED INTERS'T'ATE AREA
OVERLAY DISTRICT
NG
Mr. Evan Wyatt, planner I, appeared before the Board to
present a draft overlay district proposal which allows for
taller commercial business signs with a greater square footage
within the proximity of the eight interstate interchange areas.
In order to insure that negative impacts are held to a minimum,
staff has drafted a proposed ordinance that addresses the
specific needs of the commercial uses within each interchange
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ITEM # 2
LAND USE PLANS DISCUSSION
During the February meeting, staff presented information that was discussed during the 1998
Panning Commission Retreat. Staff advised the CPPS that the Board of Supervisors was
interested in conducting land use studies for two areas of the county. The first area includes land
along the Front Royal Pike corridor (Route 522 South), while the second area includes land along
the Shady Elm Road corridor (Route 651). Staff would like to expand on this discussion to
determine all appropriate issues that require research, information desired by the CPPS during
this study, as well as a strategy to establish appropriate land use plans for each area during this
calendar year.