PC_01-17-07_Meeting_MinutesMEETING MINUTES
. OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on January 17, 2007.
PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon
District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud
District; Christopher M. Mohn, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall
District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek
District; H. Paige Manuel, Member -At- Large; and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: Robert A. Morris, Shawnee District; City of Winchester Liaison.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark
R. Cretan, Zoning & Subdivision Administrator; Kevin T. Henry, Planning Technician; Bernard Suchicital,
Planner 1; and Renee' S. Arlotta, Clerk.
• CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner
Kriz and seconded by Commissioner Ours, the Planning Commission adopted the agenda for this evening's
meeting.
COMMITTEE REPORTS
Historic Resources Advisory Board (HRAB) — 1/16/07 Mtg.
Commissioner Oates reported that the HRAB discussed the I -81 Distribution Center; this
applicant is submitting an application to rezone 59 acres to M1 (Industrial Limited) District; the property is
located just north of Cedar Hill Road and just south of the Flying J Exit along Route 11. Commissioner Oates
said the HRAB had concern about two houses - -one located on the property, which the applicant agreed to see if it
would qualify for the State Registry; and the house across the road, next to the spring, which the applicant agreed
to screen and buffer their portion along Route 11. Commissioner Oates said those were the two recommendations
sent forward by the HRAB.
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Sanitation Authority — 1/16/07 Mtg.
• Commissioner Unger reported that Mr. Steve Rust gave a presentation to the Sanitation
Authority on the Operations Division. He said Mr. Rust talked about the purchase of a new truck which will
enable employees to investigate leaks without digging up the ground with a backhoe or calling Miss Utility.
Commissioner Unger also reported that the County is continuing to use about five million gallons of water per
day.
Winchester Planning Commission (WPC) — 1/169/076 Mtg.
Conunissioner Ours reported that the first order of business for the Winchester Planning
Commission was to re -elect Ms. Susan Masters as Chairman and Mr. Nate Adams as Vice - Chairman. He also
reported that the City Planning Commission will be scheduling a meeting with City Counsel to address an update.
on the Comprehensive Policy Plan; they gave administrative approval for a TGI- Fridays restaurant, to be located
on Pleasant Valley Road; and they are also nearing completion on an update to the City Corridor Enhancement
Standards.
CITIZEN COMMENTS
• Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda.
No one came forward to speak.
PUBLIC HEARING
Urban Development Area (UDA) Study Policy — Consideration of amendments to the Frederick County
2003 Comprehensive Policy Plan, Chapter 6, Land Use, to modify the land use policy text to reflect the
land use policy proposal for the urban areas of Frederick County, promoted by the UDA Study.
Action — Recommended Approval
Deputy Planning Director, Michael T. Ruddy, reported that the land use proposal for the Urban
Development Area (UDA) promotes a proactive and creative approach to land use planning for the County's
urban areas. Mr. Ruddy stated it was a vision aimed to meet the growth demands of the community, assure a
sustainable community, and maintain a high quality of life for the citizens within the urban areas of the County.
He noted that both the Planning Commission and the Board of Supervisors held discussions during the months of
November and December of 2006 and provided valuable input and direction to the staff and the UDA working
group. Mr. Ruddy said that the public hearing this evening is the first step in the public hearing process. He said
that the policy proposal will be inserted directly into the land use chapter, Chapter 6, of the Comprehensive Policy
Plan, and will provide a positive alternative to the land use policy presently within the plan. Mr. Ruddy proceeded
• to give the Commission and the public a summary of the land use proposal.
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Conunissioner Unger inquired if any studies had been done on the trips this new proposal would
create. Mr. Ruddy said that one of the benefits of an integrated mix of land use is generally a reduction in the
amount of trips in favor of alternative modes of transportation, such as pedestrian access, possibly bus lines or
transit opportunities. Mr. Ruddy said there will be a need, however, to continually evaluate the transportation
network to accommodate the land uses, i.e. to continue to evaluate and build upon the County's Eastern Road
Plan to accommodate the development in the appropriate locations.
Commissioner Thomas asked if a time line had been established to revise the ordinances and to
write the Green Zone design standards in order to implement this land use proposal; he asked whether a separate
zoning classification or an overlay district was envisioned. Mr. Ruddy replied that an aggressive approach is
envisioned for this to happen very quickly; he said a combination of both a separate zoning classification and an
overlay district is preliminary envisioned.
Commissioner Thomas asked if any templates for the zoning classification standards had been
researched. Mr. Ruddy replied there were many available and many communities have implemented this
successfully; he said the APA (American Planning Association) has put out a model ordinance that embraces
these ideas.
Chairman Wilmot next opened the public hearing and called for public comments. There were
no public comments and Chairman Wilmot closed the public comment portion of the hearing.
Commissioner Kriz referred to Page 2 of the text where it is stated that, "... this choice is in
addition to the land use concepts presently identified in the Comprehensive Policy Plan." Commissioner Kriz
emphasized that this choice is in addition to and does not replace any land use concepts in the plan.
• No other issues were raised and the Conunission unanimously endorsed the plan.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend
approval of Urban Development Area (UDA) Study Policy and the amendments to the Frederick County 2003
Comprehensive Policy Plan, Chapter 6, Land Use, to modify the land use policy text to reflect the land use policy
proposal for the urban areas of Frederick County, promoted by the UDA Study.
(Note: Commissioner Morris was absent from the meeting,)
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Rezoning #22 -06 for Southern Hills, submitted by William H. Gordon Associates, to rezone 15.53916 acres
from RP (Residential Performance) District to B2 (Business General) District, with proffers, and 90 acres
from RP (Residential Performance) to RP (Residential Performance) with revised proffers for residential
and commercial uses. The properties are located approximately 2,800 feet south of the intersection of
Route 277 and Town Run Lane. The properties are further identified with P.I.N.s 85D -1 -1 -1 through
85D- 1- 1 -95B, and 85 -A -138 in the Opequon Magisterial District.
Master Development Plan #16 -06 for Southern Hills, submitted by William H. Gordon Associates, to
rezone 15.53915 acres from RP (Residential Performance) District to B2 (Business General) District, with
proffers, for residential and commercial uses. The properties are located approximately 2,800feet south
of the intersection of Route 277 and Town Run Lane. The properties are further identified with P.I.N.
85D -1 -1 -1 through 85D -1 -1 -95B and 85 -A -138 in the Opequon Magisterial District.
Action — Recommended Approval with Proffers & Stipulations
Chainuan Wilmot announced that the rezoning and master development plan (MDP) for
Southern Hills will be presented together.
Commissioner Manuel said that he would recluse himself from all discussion and voting on both
the rezoning and the MDP, due to a potential conflict of interest.
Deputy Planning Director, Michael T. Ruddy, reported that in 2001, the Board of Supervisors
approved Rezoning #01 -01 to rezone 105 acres from RA to RP which enabled the construction of 250 single-
family detached homes on the site. He said additional proffers were provided with that rezoning and included a
Generalized Development Plan (GDP), the construction of area transportation improvements, an easement to the
adjacent properties, preservation of an access to an existing family cemetery, and monetary contributions to offset
impacts on community facilities and off -site transportation improvements. Mr. Ruddy said the applicant has
submitted this rezoning request which seeks to rezone a 15-acre portion of the property from RP to B2 and to
amend the profTers associated with the original rezoning. He said in general, the revised proffer statement
provides for a mix of land uses and housing types, an improved project layout depicted on the revised GDP, and
and provide for the dedication to the County of a 100 -foot right -of -way for the future connection and construction
of Warrior Drive through the property, which would ultimately align with the I -81 Interchange 307. Mr. Ruddy
identified the location of the dedication to the Commission. Mr. Ruddy said the recently - adopted Eastern Road
Plan identifies Warrior Drive, a new major collector road, in this general location.
Mr. Ruddy stated that the applicant is requesting the approval of 88 single - family detached
residential units and no more than 232 single - family attached residential units; this is a potential net increase of
70 units above the previously- approved 250 units. He said the applicant's request to rezone approximately 15
acres of commercially -zoned land introduces a commercial component to the project, which will be a highly
visible location with access via Town Rim Lane and Warrior Drive. Mr. Ruddy said that the project generally
maintains its consistency with the goals and policies of the Comprehensive Plan; the introduction of the
commercial component and the modifications to the proffer statement to address the future construction of
Warrior Drive are positive additions to the project which would not have a negative impact on surrounding
properties. In addition, he said the long -teen transportation planning efforts of the community would be able to
be implemented with this rezoning.
• Mr. Ruddy, said the MDP was generally consistent with the original plan and he proceeded to
review the design details of the plan with the Commission, pointing out the townhouse section, the open and
recreational space, the family cemetery, the Warrior Drive extension, and the recreational facilities. Mr. Ruddy
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noted that a waiver request dealing with the length of the private streets is proposed to facilitate the proposed
• design. He pointed out that several sections go beyond 500 feet from a future state - maintained road. Mr. Ruddy
said the revised MDP depicts appropriate land uses, it is consistent with the requirements of the zoning ordinance,
and it is in conformance with the proposed rezoning application.
Commissioner Unger had questions on the dedication of land for Warrior Drive and ifthere were
any stipulations. Mr. Ruddy responded that the land would be given outright to the County within 90 days of a
written request by the County; he explained that at this point in time, no portion of the road will be constructed by
the developer.
Commissioner Unger also raised questions about the number of additional school children that
could be generated by the addition of townhouses and the affect on traffic. Mr. Ruddy estimated there would be
35 additional school children, using .5 children per unit at 70 units; he said evaluation of the transportation
proffers approved with the original rezoning determined that those improvements would accommodate the
development proposed in the revised plan.
Members of the Commission asked why the new fiscal impact model wasn't run on the new
proposal, or at least the additional units, to detennine that impact. Mr. Ruddy stated that the new model scenario
has a calculation for each housing type, rather than a true mixed use; he said the calculation would be 70 units
times 15,000 to determine the impact of the additional units beyond that which was originally approved.
Commissioner Mohn said he appreciated the collaborative effort to assess whether the originally-
approved transportation improvements were adequate for the impacts of the revised project and he believed that
once Warrior Drive was constructed with the relocated interchange, the transportation would work well; however,
• a Traffic Impact Analysis to accommodate the commercial development was not available to evaluate the impacts
and he raised the possibility of the commercial development occurring before Warrior Drive is constructed. Mr.
Ruddy said there is no doubt the commnercial component would truly be viable with the relocation of Interchange
307 and Warrior Drive. Mr. Ruddy added that the 15 -acre commercial site will be somewhat reduced with the
right -of -way for Warrior Drive and the environmental areas; it was the staff's opinion that the improvements
currently being constructed, along with the future signalization of Stickley Drive and Route 277, could
accommodate what was being proposed. Commissioner Mohn asked if this was the approach the staff will take
with subsequent applications; specifically, if there are a significant amount of proffered improvements along a
corridor, then a TIA may not be required to be submitted. Mr. Ruddy didn't foresee this being done on a regular
basis with future applications; he said this application was a very unique situation because it was a previously -
approved project and endorsed for 250 single - family detached houses with really no ability to get the long -range
transportation improvements in place.
Commissioner Thomas stated that even if the commercial results in about ten acres of
developable area, the amount of traffic generated will dwarf the amount generated by the additional townhouses.
Commissioner Thomas believed two things were needed: a traffic analysis was needed for the commercial area to
determine its impact on the transportation system; and secondly, a phasing plan for the development was needed
so that all the commercial and residential development does not come on line before Warrior Drive is built. The
phasing plan will limit the commercial and residential over time and total build -out could not occur until Warrior
Drive is constructed.
Commissioner Unger expressed doubt that Warrior Drive constructed at this location would have
any benefit for the public, at least until it crosses I -81. Commissioner Unger questioned how this revised plan
had any benefits for the County; he said the applicant is not providing any extra proffers, particularly for schools,
• and there is no offer to construct the road. He asked if internal streets were going to be built to VDOT standards.
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Mr. Douglas Flemming, counsel for the property owners, Arcadia Development Company,
• Arcadia Southern Hills, LLC, and the Southern Hills Homeowners Association, Inc., came forward to introduce
himself and Mr. Donald Miller, Arcadia's Chief Operating Officer, Ms. Carla Koffey, Arcadia's Director of
Planning and Engineering, and Mr. Mark Dick and Mr. Harold Plants of William H. Gordon & Associates. Mr.
Flemming stated that Note 41 on the original Southern Hills MDP, approved in August of 2003, contained a
notation that prior to submittal of the Phase 3 Design Plan, the owner will meet with County Officials to
determine the status of the relocation of Interstate 81 Exit 307 Interchange. He said in compliance with that
requirement, the owners representatives met with County representatives and discussed the issue of the exit and
the interchange. During one of the subsequent meetings, the possibility of building attached town home units and
adding a commercial component to the Southern Hills property in exchange for dedicating the right -of -way for the
future Warrior Drive Extended was discussed.
Mr. Mark Dick, a principal at William H. Gordon Associates and a landscape architect, said this
project was an opportunity to review a previously - approved plan and attempt to develop something better. The
opportunity was to take a project consisting of 250 single- family homes and to accommodate a primary goal of
the County to extend Warrior Drive. Mr. Dick said that when a major road, like Warrior Drive, is planned through
a subdivision, careful thought must be given to planning the adjacent uses. He said the layout resulted in a mixed -
use development, with the commercial uses along the major corridor, and it allowed them to broaden the
demographics and integrate another housing type. He described the natural buffer between the single- family and
the townhouses, and a constructed and natural buffer between the townhouses and the commercial. Mr. Dick
calculated nine acres of developable commercial area, resulting in 118,000 square feet of commercial floor space.
Mr. Dick said the developer would agree to perform a revised TIA as part of the development of the first section
of the commercial property, so the impacts associated with the commercial use are known and quantified.
• Mr. Dick said they will be constructing the internal streets to V DOT's structural and horizontal
geometric standards, but not the vertical geometric standards. He said the challenge with VDOT streets within a
townhouse subdivision is that you can not front townhouses on the streets; which means no garage access to the
townhouse and no parking along VDOT streets.
Regarding a question from Commissioner Oates about whether the private streets layout would
accommodate school bus pickup, Mr. Dick replied that school buses would be able to get back to the cul-de -sacs
within the town home section and turn around; he said there were also a number of locations within the
subdivision that would work for pickup. Commissioner Oates wanted the applicant to contact VDOT before the
request went forward to the Board of Supervisors; he said if the turning radius was any tighter and if there was
parking on interior streets, VDOT may prefer the subdivision have one or two pickup points. Commissioner
Thomas suggested that the applicant also check with Fire and Rescue, because if there was any question about the
interior roads being unable to accommodate school buses, then there will also be problems with fire trucks
because they were larger than school buses.
Chairman Wilmot next called for public comments on both the rezoning and the master
development plan. The following person came forward to speak:
Mr. Gary Scothom, an adjoining property owner to the east, stated that three years ago when this
project was initially approved, the adjoining residents did not want townhouses. Mr. Scothom said the roads will
not handle all of the traffic generated by the addition of townhouses. He believed that if the County needed the
road, there were other ways of getting it.
No one else wished to speak and Chairman Wilmot closed the public comment portion of the
• hearing.
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• Mr. Douglas Flemming returned to the podium and responding to the citizen comment, he stated
that the town homes built by Arcadia are quite beautiful and will be high quality. Mr. Flemming explained to the
Commission that when Arcadia engineered and constructed frontage improvements for Phase One, along Town
Run Lane, they also constructed improvements for portions of Phases Two and Three; they also blasted and
installed sanitary and storm sewer and water; and they constructed the entire pump station. He commented that
all of this construction had been paid for in advance. Mr. Flemming said that if this new plan is approved, a
portion of these improvements are absolutely of no use to them, they will have to discard what they have done and
redo portions again.
Mr. Dick said they were willing to agree to the Commission's recommendation to establish a
phasing plan with regards to the commercial development and they would be willing to state that no more than
25% of the commercial area will be developed until Warrior Drive is constructed. Commissioner Light thought
phasing should be based on trip generation with the TIA study because the surrounding areas are developing
concurrently; he said the Route 277 corridor overall is completely over - loaded and currently operating under LOS.
Mr. Dick said the conmiercial development was a long ways out; he said they don't know at this point what the
uses will be, whether it will be office uses or retail uses. After Warrior Drive is close to construction, they will
have a good idea about what the market forces are and what kind of commercial development they want to do.
Mr_ Dick believed that doing the TIA at the time of the first phase of the commercial and by limiting the
commercial to 25% until Warrior Drive is constructed, the County is well protected and it allows Arcadia to
formulate some good plans for uses on the property.
Conmrissioners asked the applicant about the possibility of incorporating an annualized phasing
program for the residential portion dealing with building permits or certificates of occupancy.
• Commissioner Unger was not satisfied with the proffers that had been offered with the
application; nor was he convinced that this portion of Warrior Drive would benefit traffic movement.
Chairman Wilmot asked the Planning Director, Mr. Lawrence, if the location of Warrior Drive
been identified. Mr. Lawrence replied that over the previous seven months, the County Planning Staff has been
working closely with the Town of Stephens City and VDOT on the best location for the relocated interstate
interchange and the location for Warrior Drive, he said its location can not be moved further north or south.
Due to the transportation concerns expressed by the Commission, Ms. Carla Koffey, Arcadia's
Director of Planning and Engineering, accepted a 10% construction limit on the commercial area until the
construction of Warrior Drive; in addition, she said they would limit the residential construction to no more than
75 building permits per year, cumulative. Ms. Koffey explained that their traffic is being directed out to Stickley
and Route 277 and significant transportation improvements proffered by the Racey tract are underway, which
include right and left turn lanes off of Stickley Drive, turn lanes off of Route 277, and a traffic signal, which they
contributed to in the amount of $100,000.
Although the transportation issues in this area remained a concern for the Commission, most of
the members agreed that acquiring the right -of -way for Warrior Drive; along with the additional stipulations
offered by the applicant, made this a better plan than what was previously approved.
Commissioner Thomas made a motion for a recommendation of approval of Rezoning #22 -06
with the following stipulations, based on the applicant's offered proffers: 1) no more than ten percent of the
commercial property be developed before Warrior Drive is constructed; and, 2) the phasing plan for the
development of the residential will be no more than 75 units per year, which will be cumulative through the
• development of the residential property. This motion was seconded by Commissioner Ours and was passed by a
majority vote:
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• BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of Rezoning #22 -06 for Southern Hills, submitted by William H. Gordon Associates,
to rezone 15.53916 acres from RP (Residential Performance) District to B2 (Business General) District
and 90 acres from RP (Residential Performance) to RP (Residential Performance) for residential and
commercial uses with proffers and the following stipulations offered by the applicant: 1) no more than ten
percent of the commercial property to be developed before Warrior Drive is constructed; and, 2) the
phasing plan for the development of the residential will be no more than 75 units per year cumulative
through the development of the residential property.
The majority vote was as follows:
YES TO REC. APPROVAL): Oates, Light, Thomas, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot
NO: Unger, Watt
ABSTAIN Manuel
(Note: Commissioner Morris was absent from the meeting.)
Upon motion made by Commissioner Ours and seconded by Commissioner Thomas,
• BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby
grant a waiver of Section 144- 24C(2)b of the Frederick County Subdivision Ordinance to implement the
proposed layout for the townhouse portion of the Southern Hills project and will allow units to be located
more than 500 feet from a state - maintained road, but not more than 800 feet. The majority vote was as
follows:
YES (TO REC. APPROVAL) Oates, Light, Thomas, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot
NO: Unger, Watt
ABSTAIN Manuel
(Note: Commissioner Morris was absent from the meeting.)
Upon motion made by Commissioner Thomas and seconded by Commissioner Ours,
BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of Master Development Plan #16 -06 for Southern Hills, submitted by William H.
Gordon Associates, for the development of 88 single - family detached and 232 single- family attached
residential uses and future commercial uses according to the proffers approved with Rezoning #22 -06.
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The majority vote as follows:
• YES (TO REC. APPROVAL) Oates, Light, Thomas, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot
NO: Unger, Watt
ABSTAIN Manuel
(Note: Commissioner Morris was absent from the meeting.)
PUBLIC MEETING
Conditional Use Permit #09 -06 of Joyce Myers for a kennel at 625 Town Run Lane (Rt. 1012). The
property is identified with P.I.N. 85 -A -137 in the Opequon Magisterial District.
Action — Recommended Denial
Planner Kevin T. Henry reported that the proposed conditional use permit (CUP) was presented
as a public hearing item on November 15, 2006 and was tabled to allow the applicant time to provide solutions to
the conditions that were challenging to meet, given the status of the property at the time. Mr. Henry briefly
reviewed the outstanding issues that were raised at the November 15 meeting. He said concern was raised about
• outdoor kennels on this property and members of the Commission believed the construction of a facility with
inside kennels would be more appropriate. A second issue was the number of dogs in relation to the size of the
parcel and the minimum amount of distance between this property and the adjoining RP -zoned development to the
north. Mr. Henry said that a site visit by the staff confirmed the applicant had not addressed these concerns since
the previous meeting and has not contacted the staff to assist in understanding the conditions. He said the
applicant has been in violation of the ordinance since June 9, 2006.
Mr. Henry said this violation was before the General District Court, but was extended on several
occasions to allow time for legislative action to take place on the CUP. Mr. Henry presented a copy of a letter
from the applicant, dated January 12, 2007, requesting that this item be tabled for this evening's meeting. A
second letter, dated January 17, 2006, makes reference to a February 27, 2007 court hearing, which would follow
legislative action by the Board of Supervisors at their meeting scheduled for February 14, 2007.
Mr. Henry stated that it would be appropriate for the Planning Commission to make a decision
on this application to avoid a repetitive cycle between the court system and the County's legislative bodies. Mr.
Henry next read a list of recommended conditions, should the Commission find the use to be appropriate.
Mr. Thomas (Ty) Moore Lawson, an attorney with Lawson and Silek, P.L.C., was representing
the property owner and applicant, Ms. Joyce E. Myers. Mr. Lawson said they attended the court hearing on
December 5, 2006, which turned out to be a preliminary hearing and the judge set a court date of February 27,
2007, Mr. Lawson explained that they asked the court for an earlier hearing date to deal with die legal issues,
particularly with the definition of a kennel; he explained that the ordinance states that a kennel operation is for
compensation and Ms. Myers is purely charitable and has been recognized by the IRS as such. Mr. Lawson said
the judge did not instruct him or the County to resolve this legislatively before coming back; in fact, the judge
• understands that the applicant is trying to resolve the issue of whether or not they meet the definition of a kennel.
Mr. Lawson added that Ms. Myers has voluntarily removed some of the structures on her property used to house
animals and she has also reduced the number of animals. Mr. Lawson requested that this application be tabled in
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order for the court trial and hearing to take place.
• Commissioner Oates asked Mr. Lawson if he had considered taking this through the Board of
Zoning Appeals process, since it deals with the zoning ordinance. Mr. Lawson replied that the County chose to
charge Ms. Myers criminally; therefore, they were in a criminal proceeding and there is no avenue to this matter to
the Board of Zoning Appeals.
Commissioner members asked to hear comments from their legal counsel. Mr. Lawrence
Ambrogi, legal counsel for the Planning Commission, agreed that it may be out of the County's jurisdiction to
deal with this application until a resolution takes place in the criminal court. Mr. Ambrogi said that if there were
a conviction in the general district court, the parties have a right to appeal it to the circuit court. He added that
since the Planning Commission acts in an advisory capacity to the Board of Supervisors, he did not foresee a
problem with the Commission acting on the CUP.
Chairman Wilmot called for public comments and the following person came forward to speak:
Mr. Douglas Flemming, attorney on behalf of the owners of the Southern Hills property, the
adjoining property to the north, said the owners are concerned about the location for this type of use. He said the
kennel will abut the first four houses that will be built and will present a difficult situation for perspective
purchasers of the planned community. Mr. Flemming said they believed Ms. Myers intentions are laudable,
however, they do not think this is the proper location for this type of operation. Mr. Flemming said that they
have offered to work with Mr. Lawson to try to find another location for Ms. Myers that would be more suitable.
Mr. Flemming said they own other properties in the county that could be made available for Ms. Myers; he said
the owners are hopeful this is something they can continue to talk about.
• No one else wished to speak and Chairman Wilmot closed the public comment portion of the
meeting.
Members of the Commission applauded the intentions of Ms. Myers for what she was attempting
to do; however, some members believed the location of the facility was not appropriate. Other Commission
members believed this use could work at this location, if the applicant met all of the recommended conditions.
They believed the County had an avenue to pursue, if noise from barking dogs created a nuisance.
A motion was made by Commissioner Ours and seconded by Commissioner Thomas to
recommend denial of CUP 409 -06 of Joyce Myers for a proposed kennel. This motion passed by a majority vote.
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby recommend denial of
Conditional Use Permit #09 -06 of Joyce Myers for a kennel at 625 Town Run Lane (Rt. 1012), by the following
majority vote:
YES (TO DENY) Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Light, Manuel, Watt, Unger, Wilmot
NO: Oates
(Note: Commissioner Morris was absent from the meeting.)
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• A request submitted by Dewberry for a landscape buffer waiver request for Master Development Plan
#04 -06 of Brookland Manor. This request is for a waiver of Article IV, Supplementary Use Regulations,
Section 165- 37C(3), Interior Residential Screening, and Section 165- 37B(1), Landscape Screening of
Chapter 165, the Zoning Ordinance. The properties are located on Brookland Lane, off Valley Mill Road.
The are identified by P.I.N.s 54 -2 -5 and 54 -2 -6 in the Red Bud Magisterial District.
Action — Approved
Mr. Eric R. Lawrence, Planning Director, reported that Master Development Plan (MDP) 404 -06
for Brookland Manor was approved by the Board of Supervisors on July 26, 2006. This project is for 68
townhouses and one historical residential out -lot, on 8.83 acres at the southern terminus of Brook Lane. Mr.
Lawrence stated that as this project has moved through the development stages, it was discovered that two of the
buffers required by ordinance present a challenge to install and, more importantly, staff is not sure they will
provide a necessary benefit.
Pointing out the vicinity of the barns, the old historic house, and the proposed townhouses, Mr.
Lawrence said the ordinance requires a residential separation buffer to soften and lessen the impact of the
proposed townhouses on the adjacent single - family homes. He stated that the single - family homes sit on a bluff
approximately 70 feet above the future townhouses and he noted the location of an adjacent floodplain. Mr.
Lawrence said that not only would it be a challenge to plant the required buffer in the floodplain, it would also be
difficult because of the terrain. In addition, he said it did not seem logical to plant the trees lower than the
townhouses, especially when the townhouses are 70 feet lower than the adjacent single- family.
• Mr. Lawrence said that instead of installing the full residential separation buffer, the applicant is
proposing to provide a trail system in the floodplain area before the terrain becomes a challenge and to include
some landscaping. Although it will not meet the screening requirement, he said it would present an attractive
setting with flowering trees and landscaping and will not impede the flow of the water. The first request,
therefore, is for the allowance of the modification of the residential separation buffer to provide for the trail
system and ornamental landscaping, in lieu of standard landscaping.
Moving to the second request involving the historic dwelling, Mr. Lawrence stated that through
the approved MDP, a parcel will be created around the single - family dwelling with townhouses on the balance of
the property. He said the County ordinance requires an interior separation buffer, which is a ten -foot landscaped
screen surrounding the single- family dwelling and requires a double row of evergreen trees. Mr. Lawrence
explained that if a double row of trees is placed around the historic house, the charm of the historic structure will
have been compromised and hidden behind rows of pine trees. He said the applicant has proposed to continue the
pine trees on the north side and on the southeast side, but where the historic house fronts on the road system, they
would like to install a picket fence and some flowering trees. Mr. Lawrence believed this would soften the
appearance of the location of the house and preserve its history.
Mr. Lawrence said that in exchange for removing some of the required landscaping on the
internal buffer, as well as the landscaping required on the residential separation buffer to the west, the applicant is
proposing to establish Homeowners Association (HOA) seed money. He explained the applicant would take the
money that would have been put into landscaping and place it into the HOA seed fund, so when the HOA is
officially turned over to the homeowners, the homeowners will have funds to maintain their landscaping or
parking areas, etc. Mr. Lawrence said the staff believes this is a fair compromise.
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Commssion members asked who would own the historic house. Mr. Lawrence said the historic
• house will be sold as a single - family residence.
Mr. David Frank with Dewberry commented that the historic house has presented a unique
opportunity for this project. In the spirit of saving the historic house, he believed they've done a good job at
looking at the overall aesthetics and the value of the community and, in addition, making sure those values were
not lost in the development scheme.
Chairman Wilmot called for public comments; however, no one came forward to speak.
Commissioner Kerr made a motion to approve the waiver request for landscape screening and
interior residential screening. This motion was seconded by Commissioner Mohn and unanimously passed.
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve a
request submitted by Dewberry for a landscape buffer waiver request for Master Development Plan 904 -06 of
Brookland Manor. This request is for a waiver of Article IV, Supplementary Use Regulations, Section 165 -
37C(3), Interior Residential Screening, and Section 165- 37B(1), Landscape Screennng of Chapter 165, the Zoning
Ordinance.
OTHER
Planning Commission Liaison to the City of Winchester Planning Commission
is Chairman Wilmot circulated a sheet with meeting dates for the City of Winchester Planning
Commission. Chairman Wilmot requested that Planning Commissioners sign up for attendance at one of the
meetings so that the liaison duties to the Winchester Planning Commission could be shared.
Appointments to Comprehensive Plans & Programs Subcommittee (CPPS)
Chairman Wilmot appointed Commissioners Morris, Oates, Mohn, Kriz, Light, and Wilmot to
the CPPS. Other people working on the CPPS will be Ms. Marjorie Copenhaver, Ms. Sue Teal, Mr. Jay Banks,
Mr. J.P. Carr, Ms. Diane Kerns, Mr. James W. Golladay, Jr.; Mr. H. Wellington Jones; and Mr. Al Omdorff.
Appointments to Development Review & Regulations Subcommittee (DRRS)
Chairman Wilmot appointed Commissioners Oates, Unger, Kerr, Watt, Manuel, Triplett, and
Thomas to the DRRS. Other people working on the DRRS will be Mr. Claus Bader; Mr. Whitney Wagner; and
Mr. Kevin Kenney.
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i ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 9:07 p.m. by a unanimous
vote.
Respectfully submitted,
Wilmot, Chairman
Lawrence, Secretary
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