HomeMy WebLinkAboutPC_09-04-02_Meeting_MinutesMEETING MINUTES
• OF THE
FREDERICK COUNTY PLANNING COMMISSION
FIeld in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on September 4, 2002.
PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt,
Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub,
Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; William C.
Rosenberry, Shawnee District; Gene E. Fisher, Citizen at Large; Vincent DiBenedetto, Winchester City
Liaison, and Jay Cook, Legal Counsel.
ABSENT: Charles E. Triplett, Gainesboro District; and Robert Sager, Board of Supervisors' Liaison.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp,
Planner II; Rebecca Ragsdale, Planner l; Candice Mills, Planner l; and Renee' S. Arlotta, Clerk.
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CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - AUGUST 7, 2002
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes
of August 7, 2002 were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 08/29/02 Mtg.
Commissioner Unger reported that the DRRS discussed the protection of environmental
features, flood plains, ponds, lakes, wetlands, sink holes, steep slopes, and woodlands. He said further
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Minutes of September 4, 2002 Page 924
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discussion will be needed on these items.
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AMENDMENT TO AGENDA
Chairman DeHaven requested the Commission consider an adjustment to the order of the
agenda to move Item Number 7, the Timothy Johnson Waiver Request, to the beginning of the agenda.
Chairman DeHaven said that Mr. Johnson attended the Commission's previous meeting, but was never heard
due to other lengthy discussion items on the agenda. Upon motion made by Mr. Light and seconded by
Commissioner Unger, the Commission unanimously agreed to adjust the order of the agenda to allow Mr.
Timothy Johnson's waiver request to be heard first.
COMMENTS FROM COMMISSIONER GOCHENOUR REGARDING TIMELY ARRIVAL OF
AGENDA PACKAGES
Commissioner Gochenour stated for a point of record that she believed the agenda packages
were not received bythe Commissioners in a sufficientamountoftime in orderto reviewthe material and visit
the sites. Commissioner Gochenour believed the Commissioners needed to receive the agenda information
earlier.
PUBLIC MEETING
Request for a Waiver from the Frederick County Zoning Ordinance, Section 165- 37D(4), Buffer and
Screening Requirements, submitted by Greenway Engineering on behalf of Timothy Johnson. The
parcels are identified with P.I.N.s 33 -A -92 and 33 -A -93 in the Stonewall Magisterial District.
Action - Unanimous Approval
Planner Jeremy F. Camp stated that staff has received a request from Mr. Timothy Johnson,
who is requesting relief from the buffer and screening requirements required by the Frederick County Zoning
Ordinance for Mr. Johnson's two B3 parcels of land, 33 -A -92 and 33 -A -93, consisting of 1.89 acres. The land
fronts on Route 11 and backs up to I -81, about 1/2 mile south of Exit 323. Mr. Camp said the development
of Mr. Johnson's land with an auto repair shop requires a full screen against the residential properties to the
south; the required full screen is to consist of a 10 -foot wide landscape screen and a six -foot opaque fence.
He said that Mr. Johnson's auto repair shop, located on P.I.N. 33 -A -92, has already been constructed;
however, the site plan has not been given final approval by the Planning Staff becausethe required landscaping
has not been provided against the south property line. Planner Camp said that Mr. Johnson is requesting the
elimination ofthe fence and landscape screen along the south property line of Lot 33-A-93, until his property
is developed to accommodate a B3 -zoned use. He explained that this portion of the full screen would screen
the existing church, the church parking lot, and the driveway to the auto repair shop, from the residential
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property to the south. Mr. Camp added that the church, located on Lot 33 -A -93, existed prior to the rezoning
of the parcels to 133 and remains in operation.
Mr. Evan A. Wyatt, with Greenway Engineering, the design engineering firm representing the
applicant, Mr. Timothy Johnson, said that Mr. Johnson is prepared to place the buffer when a B3 use is
developed on the parcel. Mr. Wyatt brought the Commission's attention to a letter from Mr. and Mrs. Charles
A. Cooke, property owners adjoining the church parcel, who were in support of the waiver request and stated
it was their desire not to have the buffer and screening installed as long as the land use on the parcel remained
a church.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. Manuel DeHaven, adjoining property owner, was concerned if Mr. Johnnson's auto repair
shop met zoning regulations at this location. Mr. DeHaven said he was involved in negotiations for a motel
to be located adjacent to this auto repair shop on his property to the north; he wanted to know if he would be
required to buffer his property against Mr. Johnson's auto repair shop or if Mr. Johnson would be required to
supply the buffer.
Commission memberswanted to be assured that if and when the church use changes to a more
intensive B3 use, that Mr. Johnson will install the buffer.
Mr. Wyatt stated that they could work with the staff and provide a revised site plan which
included a narrative on the plan, stating that should any future development occur on the property, it would
result in the need to submit a revised site plan and all applicable requirements will be met. Legal Counsel, Jay
Cook, advised that a conditional waiver would be appropriate in this case.
Upon motion made by Commissioner Light and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission approved a waiver to the buffer and
screening requirement for Parcel 33 -A -93 on September 4, 2002. This waiver enables the property owner to
delay the implementation of the required Category C Buffer and screen until such time as Parcel 33 -A -93 is
developed to enable a B3 Zoning District permitted land use. A site plan meeting all requirements of the Code
of Frederick County shall be submitted to the County for approval when a permitted B3 Zoning District is
proposed to be developed on Parcel 33-A-93.
Rezoning #06 -02 of Rex Dalrymple, (continued from 6/19/02 meeting) submitted by Valley Mill, L.L.C.,
to rezone 3.18 acres from RIP (Residential Performance) to B2 (Business General) District. This property
is located along Valley Mill Road (Route 639) at Berryville Pike (Route 7) and is identified with P.LN.s
54F-1-9,54F-1-9A, 54F -A -30, 54F -3 -A, and 54F -3 -Al in the Red Bud Magisterial District
Action - Recommended Denial
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Planner Abbe Kennedy stated that as part of this rezoning application, the applicant has
requested to disconnect the existing connection to Valley Mill Road, Rt. 716, and relocate the entrance to
provide a new connection further east on Valley Mill Road. She stated that the 3.18 -acre site, comprised of
five parcels zoned RP and intended to be rezoned to a B2 zoning classification, is con sistentwith the County's
Land Use Plan. Planner Kennedy said the applicant has submitted a revised proffer statement in an attempt
to address various concerns raised during the Planning Commission's June 19, 2002 meeting. She next read
the revised proffers for the Commission.
Mr. Stephen L. Pettier, Jr., with the firm Harrison & Johnston, Authorized Agent for Valley
Mill, LLC, introduced himself and Mr. Hank Sterenberg, P.E., of the engineering firm Chester Engineers. Mr.
Pettler stated that in the event the 7- Eleven is an end user, the structure will be enhanced with brick facade,
brick exterior, and canopies. He described the proposed buffer adjacent tothe residences using an il lustration.
Fie also pointed out that in the event fuel tanks are located on the property, the applicant has proffered the use
of double -lined tanks and will cap existing wells to alleviate concerns regarding groundwater contain ination.
Commission members discussed Rt. 716 and the traffic flow situation with Mr. Pertler and
Mr. Sterenberg. The Commissioners also verified with their legal counsel that if the property is rezoned, the
proffers will be binding to the development, regardless of the owner.
Mr. Stephen Melnikoff and Mr. Homer Coffman, representatives of VDOT, came forward
to answer questions from the Corn inission. Commissioner Rosenberry inquired ifthe applicant's transportation
flow plans could be impacted, if there was future widening of 1 -81. Mr. Melnikoff stated that V DOT wanted
to go on record that they anticipate some type of improvements to 1 -81, although no plans have yet been
approved. He said that V DOT has worked hard to get the applicant's entrance as faraway as possible, in order
to lessen any impact the future might bring; however, V DOT cannot guarantee at this time whether or not the
• 1 -81 improvements would disturb this property. He added that no V DOT right -of -way has been abandoned
or discontinued in front of the site; VDOT wanted to make sure the entrance into this facility was far enough
away from the limited access to meet federal standards and maintain VDOT's right -of -way.
Mr. Melnikoff read some figures for projected trips per day for the proposed uses and the
current trips per day on some of the nearby roads per Commissioner Straub's request.
Regarding the proposed relocation of the connection at Valley Mill, adjacent to Dowell J.
Howard, Chairman DeHaven inquired if VDOT was confident that site distances could be met there and Mr.
Melnikoff replied yes.
Chairman DeHaven called for public comments and the following persons came forward to
speak:
Mr. Don Ganse, stated that he and his wife own the adjoining property and he disagreed with
the applicant's statement that this property was surrounded by business zoning; he said it was surrounded by
residential properties. Mr. Ganse said that any proposed business located here should not negatively impact
the quality of life of its neighbors. Mr. Ganse asked the Commission for consideration of the following
concerns: 1) all filling stations and motorvehicle service businesses should be proffered out ofthe application
for rezoning because those uses would attract an inordinate number of vehicles from 1 -81; 2) requested the
installation of a fence or other barrier between the applicant's property and his to prevent the intrusion of
pedestrians and to prevent trash from blowing onto his property; and 3) requested that all dumpster sites be
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Frederick County Planning Commission
Minutes of September 4, 2002 Page 927
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placed as faraway from adjoining residential properties as possible because of the odor and noise associated
with emptying them.
Mr. Robert Ganse, the owner of 220 Seafood restaurant, was concerned about increased traffic
impacts on the frontage road; he mentioned the bad curve, speeding vehicles, and the new high school scheduled
to open next fall. Mr. Ganse was concerned about contamination of weIIs by leaking fuel tanks and water run-
off. He was also concerned that his restaurant customers would be looking at the back of a7- Eleven store with
a steep bank; nor did he want a retention pond in front of his restaurant. Mr. Ganse said that when traffic
backs up at the signal, vehicles take old Rt. 7 to go east; he believed the applicant's traffic flow pattern would
cause all those vehicles to cut through the 220 Seafood parking lot, which he did not want.
Commissioner Straub expressed concerns about the increased traffic impacts that would be
generated; she didn't believe the traffic flow patterns proposed could handle the increased traffic. She
commented that the proposed 7- Eleven may be considered a neighborhood business, but the 24 -hour gas station
and the increased traffic would negatively impact the quality of life forthe adjacent residences. Commissioner
Straub also believed the use would primarily benefit travelers coming into town off 1 -81, rather than the
adjacent residential neighborhood.
Commissioner Gochenour concurred with Commissioner Straub regarding the traffic impacts.
She pointed out the uncertainties regarding the development oft -81 and believed thatthe issues regarding water
usage and availability, drainage, and well contamination had not been addressed. Commissioner Gochenour
did not believe the proposed use was appropriate for this location.
Other Commission members believed this area of Rt. 7 was in transition from a residential area
to a business area. They considered the proposal a neighborhood business thatwould not attract a large volume
of traffic off I -81. It was noted that Rt. 7 was designed to handle the increase in traffic. Commissioners did
not comment favorably on the entrance out the back of the property onto Valley Mill and believed it was not
a safe situation, however, it was pointed out that this entrance was being directed by V DOT, not the developer.
Additional discussion on the traffic flow in this area took place with VDOT representatives.
Commissioner Morris moved to approve the rezoning application and this motion was
seconded by Commissioner Thomas. The motion failed, however, by the following tie vote:
YES (TO APPROVE THE MOTION) Rosenberry, Ours,Thomas, DeHaven, Morris, Unger
NO: Fisher, Kriz, Light, Watt, Gochenour, Straub
Commissioner Rosenberry nextmade a motion to table the rezoningapplication toallowtime
for the applicant to consider proffering out the gas station use of the proposal. This motion was seconded by
Commissioner Gochenour.
Legal Counsel, Mr. Jay Cook, was concerned about the wording of the motion. He was also
concerned that the time limiton this application, since itwas already tabled once, was fast approaching the 90-
day limit on action. Mr. Cook stated that if the Commission's tabling goes beyond 90 days without the
applicant's permission, the rezoning would be, in effect, approved.
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Minutes of September 4, 2002 Page 928
The vote on the motion to table failed by a unanimous vote for denial, based on Mr. Cook's
counsel.
®
Chairman DeHaven commented about the applicant's attempt to place a great deal of
development on a small parcel that already has access problems. He stated that the developer has gone along
way towards attempting to do everything within their power to address the transportation concerns. He
believed the perfect solution was not created, however, it was an improvement over what exists there today.
Chairman DeHaven believed it was not an ideal solution, but he did believe it was a workable one.
Other Commissioners voiced their opinions that the transportation problems were the crux of
the matter; there was also the uncertainty of the interstate interchange and an eastern bypass.
Commissioner Rosenberry moved to deny the rezoning. This motion was seconded by
Commissioner Fisher and passed by a majority vote.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of
Rezoning 406 -02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres, located along
Valley Mill Road (Route 639) at Berryville Pike (Route 7), from RP (Residential Performance) to B2 (Business
General) District.
YES (TO APPROVE THE MOTION) Straub, Gochenour, Watt, Light, Kriz, Fisher, Rosenberry
NO: Unger, Morris, DeHaven, Thomas, Ours
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Rezoning #08 -02 of Bowman /Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres
from RA (Rural Areas) to B2 (Business General) District. This property is located south of Fairfax Pike
(Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and Double Church Road (Rt. 641),
and is identified with P.I.N. 86 -A -81 in the Opequon Magisterial District.
Action - Tabled for 60 Days
Planner Jeremy F. Camp stated that the 10.09 acres proposed to be rezoned to commercial
property is not located within the County's Urban Development Area (UDA) and Sewer and Water Service
Area (SWSA), however, the subjectproperty is located along a major roadway, it is within convenient access
to residential uses, and it is near other commercial properties. Planner Camp stated that other than this
concern, the application appears to be consistent with the goals of the Comprehensive Policy Plan for
commercial development. He pointed out that the applicant has submitted a proffer statement in an attempt
to mitigate the impacts associated with the rezoning; the proffer statement includes the voluntary restriction
of all development for Phase II until the property is given the authority to access public sanitary services.
Planner Camp continued, stating that the applicant should be prepared to address the following
issues: 1) the existing septic system capacity for Phase I and the evaluation of the property not being located
within the UDA or S W SA; and 2) the number of proposed entrances off of Fairfax Pike should be clarified;
the staff supports limiting entrances to no more than two, to minimize potential traffic impacts.
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Mr. Evan A. Wyatt, with Greenway Engineering, the design engineering firm representing the
owner, Ms. Beverley B. Shoemaker, described for the Commission a conceptual 60' right -of -way, traversing
this property and other properties tothe south, which would connect Double Church Road (Rt. 64 1) to Fairfax
Pike (Rt. 277) with a proposed traffic signal on Fairfax Pike. Mr. Wyatt said they are not proposing to
construct the entire road, but are simply providing an opportunity to accommodate the road as properties to
the south develop. Mr. Wyatt believed the rezoning request was appropriate, even though the property was
not located in either the UDA or the S W SA, for the following reasons: l) this has been a developing corridor
since the mid 1980's, it is the only parcel between 1 -81 Exit 307 that is not zoned either commercial or
residential on the south side of Fairfax Pike (Rt. 277); 2) it has 1,000' of road frontage, it has direct access,
it has adequate width and depth to provide for the development; 3) it is in keeping with the land uses that
already exist along the corridor.
Regarding the adequacy of the septic system, Mr. Wyatt said that under Phase 1 they are
limiting the use of the existing structure on the property to Mrs. Shoemaker's office for her and her two
employees. He said the Health Department has given approval for Phase I to be on the septic, provided usage
doesn't exceed 210 gallons per day. Regarding the entrances, Mr. Wyatt pointed out they have adequate
frontage for four entrances, butwil I limit the number to two, with one being a signalized intersection on Fairfax
Pike (Rt. 277) and the second located towards the west.
Chairman DeHaven called for public comments, but no one came forward to speak.
Commissioner Thomas had concerns fordevelopment beyondthe Phase I development stage,
stating that it is not feasible from a traffic standpoint until V DOT has expanded Fairfax Pike (Rt. 277) from
two to four lanes, from 1 -81 past the high school. He did not believe Fairfax Pike (Rt. 277), in its current
condition, could accommodate the traffic from a 100 ,000- square- footofficebuilding. Commissioner Thomas
remarked that unless Phase II would not be developed until VDOT expanded Fairfax Pike (Rt. 277) to four
lanes, he could not support the rezoning at this time.
Commissioner Ours wanted to go on record in support of Commissioner Thomas' comments,
based on the development that has occurred along Fairfax Pike (Rt. 277) over the past 12 years. He, too, was
not in support of any additional development until V DOT facilitated improvements on Fairfax Pike (Rt. 277).
Commissioner Ours remarked that his objection also included any potential development down to Double
Church Road (Rt. 641); he said he objected to the second phase of Woodside Estates because of the traffic it
generates on Double Church Road and at the intersection of Rt. 277 and Double Church Road.
Commissioner Rosenberry was opposed to the proposed rezoning because of the uncertainty
that sewer and water would be available to serve Phase II of the proposed development.
Upon motion made by Commissioner Thomas and seconded by Commissioner Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Rezoning #08 -02 of Bowman /Shoemaker, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business
General) District, for 60 days to allow the developer and the owner to consider the phasing of Phase 11 as it
relates to traffic impacts on Fairfax Pike (Rt. 277) prior to Fairfax Pike (Rt. 277) being developed and
improved to four lanes.
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Minutes of September 4, 2002 Page 930
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Rezoning #09 -02 of Aikens Property, submitted by G. W. Clifford & Associates, Inc., to rezone 1.34
acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Industrial Transition)
District. This property is located west and adjacent to Martinsburg Pike (Rt.11) and south and adjacent
of Stine Lane and is identified with P.I.N.s 54 -A -21, 54- A -20A, 54 -A -20, and 54 -A -22 in the Stonewall
Magisterial District.
Action - Recommended Approval with Proffers
Planner Jeremy F. Camp read the background information and review agency comments. He
noted the intent of the application is to rezone this property in order to accommodate an expansion of the
existingH &W Construction facility. Planner Camp said the proposal is consistent with the objectives for the
development of commercial property found in the Coin prehensive Policy Plan, the properties are located within
the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), the properties are
located along a major collector road and the properties are located in close proximity to large urban areas.
Planner Camp said the applicant has voluntarily submitted a proffer statement which provides a monetary
payment for fire and rescue and police services.
Planner Camp continued, stating the applicant should be prepared to address the minor
concerns raised by the County Attorney, who advised thatthe applicant should clarify when, and towhom, the
proposed monetary proffer payment will be paid, and the County Engineer, who had identified an ongoing
drainage problem in this area and suggested that two commercial properties to the south of the development
• be included in any future storm water management plans. In addition, Planner Camp recognized a need forthe
appl icant to consider bicycle facilities on the property and additional landscaping and /or architectural standards
along Martinsburg Pike (Rt. 11) to improve the appearance of the site.
Mr. Charles E. Maddox. Jr., with G. W. Clifford & Associates, Inc., the design engineering
firm representing the owner, Mr. Walter H. Aikens, and the H &W Construction Company, explained that the
proposal involves the consolidation of many parcels of land, however, it wil I provide considerable improvement
to the streetscape along Route 11. Mr. Maddox said there were elements of the M 1 Zone that would be
prohibitive to their intended purpose, which is an office use. He said the B3 Zone, however, would allow them
to construct a high- quality parking facility with curb and gutter, the use of considerable landscaping, and the
construction of a 10,000- square -foot, two -story building which will house a number of different uses. Mr.
Maddox said the remainder of the property will remain M I because it is presently used as a construction yard,
which is not appropriate in a B3 Zone.
Regarding the staffs comment concerning a bike path, Mr. Maddox said there was a
substantial amount of land between the existing edge of payment on Rt. 11 and their property line and he
believed there was ample room for a bicycle path, if that was the chosen element for that area. Mr. Maddox
noted that their intention was to maintain a ten -foot buffer strip along the parking lot for landscaping and to
install a commercial entrance with transitions. Regarding the staffs comment for additional landscaping, he
stated that they intend to exceed the B3 ordinance requirements for landscaping, perimeter and interior trees,
and shrubs. He also noted for the Commission that they will be coordinating with the County's engineer to
improve the drainage across Lee Avenue duringthe site plan process. He further added thatthe proffer will be
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Minutes of September 4, 2002 Page 931
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modified to clarify that the monetary proffer payment will be made at the time of building permit acquisition.
0 Chairman DeHaven called for public comments, however, no one was present to speak.
Members of the Commission spoke out positively forthe proposal. Comments were made that
this was a request from an existing, reputable business to al low for the expansion of their company with in the
County; they commended the owner and G. W. Clifford & Associates for the outstanding package submitted
for a request that was basically a down - zoning; they stated that the professionalism shown gives great
confidence that the development will be done in a professional manner and will be an improvement to the
community.
Upon motion made by Commissioner Light and seconded by Commissioner Ours,
BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #09 -02 of the Aikens Property, submitted by G. W. Clifford & Associates, Inc., to
rezone 1.34 acres from M 1 (Light Industrial) and .05 acres from B2 (Business General) to 133 (Industrial
Transition) District.
Master Development Plan #05 -02 Foxe Towne Plaza, submitted by G. W. Clifford & Associates, Inc.,
to develop a 5.649 -acre tract for commercial uses. The property is located southeast of the intersection
of North Frederick Pike (Route 522 N) and Rt. 37, and to the west of Fox Drive (Route 739), and is
• identified with P.I.N. 42 -A -195 in the Stonewall Magisterial District.
Action - Recommended Approval with Stipulation
Planner Jeremy F. Camp read the background information and review agency comments.
Planner Camp stated the primary entrance to the property is proposed from Fox Ridge Lane; he said
improvements to Fox Ridge Lane include its reconstruction to State road standards. Planner Camp remarked
that the master development plan (MDP) should indicate when the proposed improvements to Fox Ridge Lane
will occur and when the inter - parcel access road will be constructed in the development process. Planner Camp
also pointed out that screening on the portion of the property proposed for future development does not satisfy
the Zoning Ordinance's buffer requirements. He recommended a buffer and screen similar to the one on the
Kentucky Fried Chicken's (KFC) property, which consists of a ten -foot landscape screen and a six - Foot -high
hedge row and complies with the requirements of the Zoning Ordinance.
Mr. Charles E. Maddox, Jr., of G. W. Clifford & Associates, Inc., the design engineers for
the project, came forward to represent the owners, KRA Food Services, LLC. Mr. Maddox spoke with the
Commission about the access roads proposed to serve this property, as well as the KFC and Sheetz
establishments. He also talked about the existing screening along the north side of the adjoin ing townhouses,
which they planned to preserve. Mr. Maddox said they would supplement the existing screening, if the
Commission believed it was necessary. Mr. Maddox added that the proposed uses are by -right uses on an
existing B2 (Business General) parcel.
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Frederick County Planning Commission
Minutes of September 4, 2002 Page 932
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• Chairman DeHaven called for public comments and the following persons came forward to
speak:
Mr. Ted Kiracoff, an adjoining property owner and homeowner in the Fox Ridge Townhouses
subdivision, was in favor of the proposal, however, he questioned the need for the 30' road over to Foxridge
Lane when the main road went between Sheetz and the KFC.
Mr. Earl Sutherland, a resident at 102 Fox Court, stated that, by way of disclosure, he was
a senior partner of Gilbert W. Clifford & Associates, Inc. Mr. Sutherland was acting as the spokesperson for
the residents of the 28 -unit Fox Ridge Townhouses subdivision. He said the units are appraised at between
$110,000 to $120,000 and almost every unit has two to three vehicles. Mr. Sutherland said the owners
maintain their own streets and lights, and there are only about five or six school -age children. He said the
residents have no problem with the proposed uses, however, they were opposed to the use of Foxridge Lane
for the proposed commercial uses. Mr. Sutherland was concerned that access of Foxridge Lane by the
commercial uses would negatively impact the residents' property values and quality of life in their
neighborhood.
Mr. Mike Carpenter, a resident at the end of Foxridge Lane, behind Fox Ridge Townhouses,
stated that he and his wife put the concept for this area together in the late 1980's with Mr. Maddox's help
through Mr. George Glaize. Mr. Carpenter was also opposed to using Foxridge Lane as an entrance to the
proposed commercial uses. He was not opposed to the uses proposed.
Commissioners discussed with the applicant the possibility of making Foxridge Lane an
emergency access only as a way to avoid intrusion in the Fox Ridge Townhouse neighborhood. Mr. Maddox
• suggested creating a link between the rear of KFC and the proposed use to avoid breaking through the tree
barrier along the townhouses. The applicant said the owner is not interested in using Foxridge Lane and he
would modify the MDP to designate it as a secondary access for emergency vehicles only, if that is what the
County requested.
Commissioner Gochenour and Commissioner Straub expressed concerns about water usage
and believed this MDP proposal was not appropriate at this time.
Upon motion made by Commissioner Light and seconded by Commissioner Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Master Development Plan #05 -02 of Fox Town Plaza, submitted by G. W. Clifford & Associates, Inc., to
develop a 5.649 -acre tract for commercial uses and to allow administrative approval for two entrances into the
property, one through the Sheetz property and the other through the Kentucky Fried Chicken property.
The majority vote was as follows:
YES (TO APPROVE) Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Rosenberry
NO: Straub, Gochenour
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Frederick County Planning Commission
Minutes of September 4, 2002 Page 933
® Subdivision #14 -02 of The Lands of Thomas E. and Ester M. Hinkle, submitted by Dove & Associates,
for the subdivision of a 1.0331 -acre parcel into two single - family detached lots. The property is located
at 150 Stanley Drive (Rt. 781) and is identified with P.I.N. 64A -A -11 in the Shawnee Magisterial District.
Action - Recommended Approval
Planning Director Eric R. Lawrence stated that the proposed subdivision would establish a
total of two lots, consisting of 0.59 acres and 0.43 acres each, and the existing dwelling and outbuilding will
remain on the 0.59 -acre parcel. He said that both lots will have state road frontage; he said the existing
residence is currently served by on -site sewage disposal and a sanitary sewer easement has been established
to serve the 0.43 -acre parcel with public sewer service. Director Lawrence stated that all relevant review
agency comments have been satisfied and the Sanitation Authority and VDOT have signed the final plats.
Chairman DeHaven inquired if the drainfield forthe existing residence would remain on the
parent tract. Director Lawrence confirmed that the drainfield would remain on the parent tract, which is the
larger of the two tracts; he said the drainfield is on the east side of the existing residence.
Mr. Eddie Davis, son -in -law to Mrs. Ester M. Hinkle, came to the podium and stated that he
has received approval from the Sanitation Authority to connect the existing residence to public water and
sewer. He said the other lot will also have access to public sewer and water.
Chairman DeHaven called for public comments, however, no one came forward to speak.
No other issues of concern were raised by the Commission.
Upon motion made by Commissioner Morris and seconded by Commissioner Straub,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision 414 -02 of The Lands of Thomas E. and Ester M. Hinkle, submitted by Dove &
Associates, for the subdivision of 1.0331 -acre parcel into two single - family detached lots.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:50 p.m. by a
unanimous vote.
ly submitted,
Eric R,ILg(wrence, Secretary
Charles S. DeHaven, Jr.,
n
LJ
Frederick County Planning Commission
Minutes of September 4, 2002 Page 934