HomeMy WebLinkAboutPC_10-20-99_Meeting_MinutesMEETING MINUTES
OF THE
• FREDERICK COUNTY PLANNING COMMISSION
This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent
Street in Winchester, Virginia on October 20, 1999.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/
Back Creek District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris,
Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District;
George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel.
ABSENT: John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Roger L. Thomas,
Opequon District; Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and
Vincent DiBenedetto, Winchester City Liaison
STAFF PRESENT: Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; and Renee'
S. Arlotta, Clerk.
CALL TO ORDER
Chairman DcHaven called the meeting to order at 7:00 p.m.
APPLICATIONS ACTION SUMMARY
Chairman DeHaven accepted the report for the Commission's information.
COMMITTEE REPORTS
Transportation Committee - 10/05/99 Mtg.
Mr. Michael T. Ruddy, Zoning Administrator, reported that the committee discussed the
Secondary Road Plan.
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Frederick County Planning Commission
Minutes of October 20, 1999 Page 426
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Historic Resources Advisory Board (HRAB) - 10/19/99 Mtg.
Mr. Robert M. Morris, HRAB member, reported that the HRAB discussed possible projects
the HRAB could embark upon this year. Mr. Morris said that in the past, the HRAB has only responded to
zoning requests; however, the HRAB believes there is a great deal more the group could do, perhaps pursuing
opportunities for historic overlay districts, or becoming a certified local government for historic preservation.
Mr. Morris also reported that Maral Kalbian was present at the meeting with a number of copies of her new
book entitled, "Frederick County, Virginia - History Through Architecture."
Sanitation Authority (SA) - 10/18/99 Mtg.
Mrs. Marjorie Copenhaver, Planning Commission liaison to the SA, said that Wellington
Jones, the SA's Engineer /Director, reported that l0%" of rain fell in September, which raised and stabilized
quarry levels. She reported that the SA concluded test pumping at the Back Creek well and during the test,
1,200 gallons per minute were pumped for 96 hours. She said the results were positive. Mrs. Copenhaver also
reported that new connections for water and sewer have been running about 400 per year for the past few years,
according to Mr. Jones. She said Mr. Jones had commented that these figures point to the fact that growth
within the County is "controlled growth," as compared to the end of the 1980's, when the SA was averaging
about 1,000 new connections per year.
PUBLIC HEARINGS
Request to expand the Urban Development Area (UDA) by incorporation of a 16.9 -acre portion of a 41-
acre parcel. This parcel is located on the south side of Cedar Creek Grade (Route 622), adjacent to the
City of Winchester Corporate Boundary, in the Back Creek Magisterial District, and is identified with
P.I.N. 63 -A -2, zoned RA (Rural Areas).
Action - Recommended Approval with Condition
Mr. Evan A. Wyatt, Deputy Planning Director, said that the Comprehensive Plans and
Programs Subcommittee (CPPS) considered a request to allow the expansion of the Urban Development Area
(UDA) to incorporate a 16.9 -acre portion of a 41 -acre parcel, which is severed by the City /County boundary
line. He said the property is owned by Joseph A. Allen, et als. Mr. Wyatt advised the Commission that the
Frederick County Sanitation Authority Board approved a request to allowthis acreage to be served with public
water and sewer by the City of Winchester Public Utilities, as there are no lines from the Frederick County
Sanitation Authority in this area.
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Mr. Wyatt continued, stating that the CPPS believed the Allen request was analogous to the
• Westridge Subdivision UDA expansion request, which was also a portion of a larger tract that was severed by
the City /County line. He said the CPPS believed the Allen request would allow for improved public services
by creating a local street network between the Allen parcel and the Westridge Subdivision, connecting Cedar
Creek Grade (Rt. 622) and Middle Road (Rt. 628). Mr. Wyatt stated that the CPPS recommended approval
of the Allen request with the condition that the development of the property provide access from Cedar Creek
Grade to a connection with the Westridge Subdivision to ensure improved public services through a complete
road network.
Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the engineering/design firm
representing the applicant, was available to answer questions from the Commission. Mr. Gyurisin pointed out
two different connection points that could be made with Westridge Subdivision.
Members of the Planning Commission believed the extension of Westview Lane in Section M
was the most important connection needed because it would allow direct access to the Frederick County portion
of the development, via Cedar Creek Grade. It was noted that the County's public service personnel, such as
the sheriff, fire and rescue, and school buses, would not have to traverse streets in the City of Winchester to
get to the site.
The Planning Commission unanimously recommended approval of the request with the
condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to
ensure improved public services.
There were no citizen continents.
0 Upon motion made by Mr. Ours and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the request to expand the Urban Development Area (UDA) by the incorporation of a 16.9 -acre
portion of a 41 -acre parcel, identified with P.I.N. 63 -A -2 in the Back Creek District, and owned by Joseph A.
Allen, et als with the condition that the development provide access to Cedar Creek Grade from Westview Lane
in Section III to ensure improved public services.
Request by Fellowship Bible Church to extend water and sewer service outside of the Sewer and Water
Service Area (SWSA). This parcel is located on the south side of Middle Road (Rt. 628) and the north
side of Apple Valley Road (Rt. 652) in the Back Creek Magisterial District and is identified with P.I.N.
63 -A -14.
Action - Recommended Approval
Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and
Programs Subcommittee (CPPS) considered a request to allow the extension of public water and sewer service
to the Fellowship Bible Church property during their September 13, 1999 meeting. Mr. Wyatt said the
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representatives of the Fellowship Bible Church are limited in their ability to expand their facility due to the
inability to expand their drainfield area, as well as the fact that their well system does not have the capability
to provide adequate fire suppression. He said the church desires to install a 2%2" force main sewer line and a
water line of adequate size to provide fire protection. He explained that the Frederick County Sanitation
Authority (FCSA) requires developers to provide a minimum of an eight - inch fire line and it must be dedicated
to the Authority. Therefore, this request would result in the development of a private sewer force main and a
public water system for the fire suppression.
Mr. Wyatt continued, stating that the CPPS felt two issues had changed since they denied a
similar request for this service in 1996. First, the recent extension of the Sewer and Water Service Area
(SWSA) boundary along the south side of Apple Valley Road (Rt. 652) to the intersection of Middle Road (Rt.
628), places the SWSA boundary directly across Apple Valley Road from the Fellowship Bible Church
property, whereas, this boundary previously existed %2 mile south. Secondly the 1996 request proposed to
connect to the City of Winchester Public Utilities system within the Westridge Subdivision which was located
3/4 mile from this property, whereas this request would connect to the Apple Valley Water and Sewer System
which will ultimately be developed across from the Fellowship Bible Church property, when the Blackburn
Limited partnership tract is developed. Mr. Wyatt stated that the CPPS recommended unanimous approval
of allowing public water and private sewer service extension to the Fellowship Bible Church property based
on these changes in conditions.
Mr. Richard Hardison, representing the Fellowship Bible Church, was available to answer
questions from the Commission.
There were no public comments.
. The Planning Commission agreed with the recommendation made by the CPPS that the request
was appropriate, based on the two significant changes in conditions which had occurred since 1996. The
Planning Commission had no other issues of concern.
Upon motion made by Mr. Marker and seconded by Mr. Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the request by Fellowship Bible Church to extend water and sewer service outside of the Sewer
and Water Service Area (SWSA).
PUBLIC MEETING
Subdivision Application #21 -99 of Frank W. Nichols, submitted by Smallwood Homes, to subdivide a
0.682 -acre tract into two lots. This property is located on Fairfax Drive, 239' northwest of its
intersection with Montgomery Circle, and is identified with P.I.N. 75 -A -72B in the Opequon Magisterial
District.
Action - Recommended Approval w/ Exception of Sidewalks
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Mr. Michael T. Ruddy, Zoning Administrator, stated that the request is for the subdivision
• of a 29,740 - square -foot tract into two lots and the Master Development Plan requirement has been waived due
to the size and scale of the request. Mr. Ruddy said that this is a residual parcel located between both the
Fredericktowne and the Fredericktowne Estates subdivisions. He explained that the proposed lots comply with
the dimensional requirements of the single - family detached urban housing type, in particular, the minimum lot
size of 12,000 square feet.
Mr. Ruddy continued, stating that the subdivision as submitted appears to satisfy the
requirements of the Subdivision Ordinance with the exception of the required sidewalks. Mr. Ruddy said that
sidewalks are required to be installed in the right -of -way along local streets in any subdivision containing one
or more lots of less than 15,000 square feet in size. He said that due to the fact that the developments
surrounding this proposed subdivision do not contain any sidewalks, and due to the size of the proposed lots,
it may be appropriate to allow an exception to this requirement in this case.
Mr. Steve Smallwood was representing this application and he was available to answer
questions from the Commission.
There were no citizen cmrunents concerning this subdivision application.
No major issues of concern were raised by members of the Commission.
Upon motion made by Mr. Ours and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the Frank W. Nichols property subdivision with an exception to the Frederick County Subdivision
Ordinance, Section 144-18, Provision of Sidewalks, contingent upon the applicant satisfying all of the review
agency comments.
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 7:25 p.m. by
Frederick County Planning Commission
Minutes of October 20, 1999 Page 430
Respectfully submitted,