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HomeMy WebLinkAboutPC_01-15-03_Meeting_MinutesMEETING MINUTES eO OF THE FREDERICK COUNTY PLANNING COMMISSION Fleld in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 15, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; RobertA, Morris, Shawnee District; PatGochenour, Red Bud District; Marie F. Straub, Red Bud District; CharlesE. Triplett, Gainesboro District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and ,lay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman /Opequon District: William C. Rosenberry, Shawnee District; Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe S. Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Mark R. Cheran, Planner I; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. ELECTION OF OFFICERS FOR 2003 Election of Charles S. DeHaven, Jr., Chairman The Chairman declared nominations open for Chairman. The nomination ofCharles S. DeHaven, Jr., for Chairman was made by Commissioner Light and seconded by Commissioner Morris. Motion was made by Commissioner Ours, seconded by Commissioner Kriz,and unanimously passed to close nominations for Chairman. BE IT RESOLVED, That the FrederickCounry PlanningCommission does hereby unanimously elect Charles S. DeHaven, Jr., as Chairman of the Planning Commission for the Year of 2003. Frederick County Planning Commission Minutes of January 15, 2003 Page 992 2- • Election of Roger L. Thomas, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Commissioner Ours and seconded by Commissioner Kriz. Motion was made by Commissioner Morris, seconded by Commissioner Kriz, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED. That the Frederick County Planning Commission does hereby unanimously elect Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2003. Election of Eric R. Lawrence, Secretary Chairman DeHaven declared nominations open for Secretary. The nomination of Eric R. Lawrence was made by Commissioner Light and seconded by Commissioner Kriz. Motion was made by Commissioner Light, seconded by Commissioner Fisher, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously elect Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2003. MEETING SCHEDULE FOR 2003 Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, Thatthe Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room; the Comprehensive Plans & Programs Subcommittee on the second Monday of each month at 7:30 p.m.; and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. • Frederick County Planning Commission Minutes of January 15, 2003 Page 993 - 3 - • COMMITTEE APPOINTMENTS FOR 2003 Chairman DeHaven made the following reappointments: Commissioner Thomas to the Economic DevelopmentCommission for 2003; Commissioner F isher to the Sanitation Authority for2003; and Commissioner Ours as liaison to the Winchester Planning Commission. Chairman DeHaven deferred the other committee appointments until the Commission has an opportunity for discussion on those. MEETING MINUTES - NOVEMBER 20 2002 AND DECEMBER 4, 2002 Upon motion made by Commissioner Morris and seconded by Commissioner Light, the minutes of November 20, 2002 were unanimously approved as presented. Upon motion madeby Commissioner Kriz and seconded by Commissioner Fisher, the minutes of December 4, 2002 were unanimously approved as presented. • COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 01/13/03 Commissioner Light reported thatthe CPPS reviewed two extensions of water and sewer out of the Sewer and Water Service Area (SWSA) for private use. He said that both requests were recommended for denial by the CPPS. Commissioner Light said the requests will be coming to the Commission in the near future. CITIZEN COMMENTS Mr. Sam Lehman from Back Creek District came forward to inform the Commission about a talk entitled, "Loudoun County: A Case In Unbridled Growth," to be given by Independent Loudoun County Supervisor, .lames Burton, at the Save Stephenson meeting at 7:00 p.m., Thursday, January 16, 2003, in the Emanuel Methodist Church, Rt. 11 North. Mr. Lehman said that Mr. Burton will be speaking aboutthe events leading up to the Loudoun County down - zoning. He said that Mr. Burton has had speaking engagements in Warren and Jefferson Counties, and other localities. Mr. Lehman presented the Commission with a written copy of Mr. Burton's talk, which was published in the Warren Sentinel. • Frederick County Planning Commission Minutes of January 15, 2003 Page 994 4- is PUBLIC HEARING Conditional Use Permit (CUP) #16 -02 of Shared Towers, Inc./White Tail Lane Tower, submitted by Greenway Engineering, for a time extension to a previously - approved condition associated with CUP 922 -01 fora 195- foot -high lattice -type telecommunications facility. This property is located on White Tail Lane off of North Frederick Pike (Route 522N) and is identified with Property identification Number 19- A-27 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planning Director Eric R. Lawrence reported that approximately one year ago, a number of conditional use permits (CUP) fortowers were submitted to the County; he stated that four were approved with a condition stating that, if the tower is not erected within 12 months, the CUP would be deemed invalid. Director Lawrence noted that the Commission reviewed two ofthe four applications within the lastfew months, this one being the third, of which the applicant was not able to erect the tower within the 12 -month period. Therefore, the applicant was requesting a renewal of the CUP. Commissioner Morris noted that with the previous renewals, the Commission discussed making sure that conditions of the renewal include any ordinance changes that were made since the original approval ofthe CUP. Commissioner Morris cited as an example, the inclusion of an engineer's certification regarding structural integrity. He inquired ifthis was included in this particular CUP. Director Lawrence stated that the engineer's certification is required under Condition #6 of the CUP. Commissioner Ours inquired if the CUP for White Tail Lane was ready to expire. Director Lawrence replied that the current CUP expires on January 23, 2003, and the renewal will give the applicant another 12 months. Commissioner Straub inquired ifthere was a projected completion date. Director Lawrence believed the applicant had coin mitments, but was waiting for finalized agreements. Mr. Evan A. Wyatt with Greenway Engineering, representing the applicant, recalled that he came before the Commission a few months ago with a request for time extensions for the Cross Junction and Reynolds Store towers. Mr. Wyatt said that all the conditions could remain the same, all three of the sites already have approved site plans, nothing has changed as far as location, height, access, or screening. He said that because of the economic downturn, the industry has experienced a downfall and as soon as the service providers are willing to sign up, the towers will be constructed. Mr. Wyatt stated that a building permit has been obtained for one tower, the Hunting Ridge Tower; however, the otherthree are being postponed. He noted that the additional condition, to provide for structural integrity verification by an engineer, is acceptable. Chairman DeHaven called for public comments, however, no one came forward to speak. The Planning Commission believed thatthe application for this telecomnumicat ions facility had adequately addressed the requirements of the Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, had been demonstrated. • Frederick County Planning Commission Minutes of January 15, 2003 Page 005 5- • Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend approval of Use Permit(CUP)# 16 -02 of Shared Towers, Inc. /White Tail Lane Tower, submitted by Greenway Engineering, for a time extension to a previously - approved condition associated with CUP #22 -01 for a 195- foot -high lattice -type telecommunications facility on White Tail Lane, which essentially granted the applicant an extension of 12 months to construct the tower, with the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co- locating personal wireless services providers. A minor site plan shall be approved by the County. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Conditional Use Permit #01 -03 of Jackie F. Lichliter fora Cottage Occupation - Gunsmith /G unshop. This property is located at 251 Christmas Tree Lane and is identified with Property Identification Number 45 -A -25 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale reported thatthe applicant is proposing a gunsmith/ gunshop from his home located on 17 acres at 251 Christmas Tree Lane and would primarily provide repair services. She said the applicant intends to utilize an existing barn on the property for the gunshop and there would be no employees associated with the business; no retail activities are proposed. She next read a list of recommended conditions, should the Commission determine the use to be appropriate. Commissioner Morris raised a question concerningthe Fire Marshal's comments concerning the maximum storage of explosive materials and liquids. Fie inquired if those amounts were based on State Code requirements or ifthe amounts were arbitrarily established by the Fire Marshal. Commissioner Morris • Frederick County Plannine Commission Minutes of January 15, 2003 Pag 996 6- also inquired if Mr. Lichliter was responsible for any other ATF requirements. The applicantand property owner, Mr. Jackie F. Lichliter, believed the restrictions on storage of explosive materials were the Fire Marshal's Code requirements. Mr. Lichliter also explained that he is required to maintain detailed records on firearms thatcome into his shop that stay overn ightand yearly records on what firearms he works on and for whom. Comm issioner Ours inqu ired if Mr. Lichliter typically test fires firearms that lie repairs. Mr. Lichliter replied that he would occasionally test fire firearms and intends to construct an outdoor backstop. Chairman DeHaven asked Mr. Lichliter if he was comfortable with the conditions of his permit as recommended by the staff and Mr. Lichliter replied that he was comfortable with them. Chairman DeHaven next cal led for public comments, however, no one came forward to speak. Based on the limited scale ofthe proposed use, the Planning Commission believed the proposed use would no have significant impacts on adjoining properties. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLV ED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #01 -03 of Jackie F. Lichliter for a Cottage Occupation/ Gunsmith/ Gunshop at 251 Christmas Tree Lane with the following conditions: 1. All review agency requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. No retail sales of merchandise shall be permitted. 4. No employees shall be permitted. No business signs shall be permitted. Conditional Use Permit 402 -03 of Timothy E. Felty for a Dog Kennel (breeding only). This property is located at 536 Fletcher Road and is identified with Property Identification Number 26 -A -39G in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale reported thatthe applicant is proposing a kennel from his home and intends to breed dogs for sale, but does not intend to offer boarding services. She said that no new structures are proposed and no additional employees are proposed besides the applicant. Planner Ragsdale added that there were no disapproving agency review comments and she read a list of conditions recommended by the • Frederick County Planning Commission Minutes of January 15, 2003 Page 997 -7- staff. should the Commission find the use to be appropriate. Mr. Timothy E. Felty, the applicant, introduced himself and his wife. Mrs. Felty provided hand -outs regarding the average number of puppies that have been born per litter and registered with the American Kennel Club over the past several years. She also provided two letters of support from citizens who could not attend the Plan it ing Coin inissionmeeting. Mr. Felty said lie was not aware that a CUP was required; he said that he is disabled and breeding the beagles is a hobby that he enjoys. Commissioner Light asked Mr. Felty for his estimate on the numbers of dogs he would have on the property. Mr. Felty said the largest litter his dogs produced at any one time was six; in addition, he has six adult dogs of his own. Commissioner Watt inquired if Mr. Felty could control the barking ofthe dogs. Mr. Felty said that he has never had any complaints from his neighbors about barking. Mr. Felty said there was a complaint regarding the construction of a building on his property, however, because the building was going to be used for storage of firewood, hay, straw, and feed, it was classified as agriculture and a permit was not required. He said that during discussions with the Planning staff regarding the complaint, it was determined that he needed to acquire a CUP for operating a kennel. Chairman DeHaven asked Mr. Felty if he planned on moving his kennel into the structure or alongside the structure from the existing location. Mr. Felty replied that half of the building will be used as an inside dog kennel during the wintertime. CommissionerGochenour commented that she and Commissioner Straub visited the site and • they were pleased with what they saw. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Milt McCormack, a resident across the street from the Feltys, said that he and his wife have been kept awake all night long by barking dogs and he was not in favor of this CUP being granted. Mr. McCormack said that beagles are known to bark all the time, and Mr. Felty's dogs do bark. He said that he has complained to Mr. Felty from time to time. Mr. McCormack added that the peace and tranquility of the area is ruined by the barking dogs. As a professional real estate appraiser, he was further disturbed by the possible adverse affect the noise may have on the values of properties. In response to Commissioner Watt's question regarding how far he was from the Feltys, Mr. McCormack stated that he was about 200 feet diagonally across from Mr. Felty. Mr. Ray West, a neighbor to the south, approximately a few hundred feet, said that he has known Mr. Felty for 22 years and Mr. Felty has always had dogs. Mr. West said that he doesn't hear the dogs barking and the kennel operation has never bothered him. Ms. Pamela Bell, 1802 Hollow Road, said that she is not on the same road as Mr. Felty, but she is up high on a ridge, above Mr. Felty. Ms. Bell said that she had an objection to allowing 30 dogs, the number mentioned in the list of conditions recommended bythe staff. She said that on occasion, she has heard beagles barking, • Frederick County Planning Commission Minutes of ,January 15, 2003 Page 998 -8- Mr. Brian King, an adjoining property owner at 573 Fletcher Road, said that he moved to this area to get away from the noise and crowded conditions of the city, and now, this situation has become an aggravation for him. He said that he works long hours and the lastthing he wants to hear is dogs barking. Mr. King said the barking is an annoyance. He was opposed to allowing 30 dogs. He said that when they sit on their deck or do yard work, the dogs bark constantly. Ms. Charlotte West, wi fe of Mr. Ray West who spoke earlier, was not opposed to Mr. Felty's kennel operation or the dogs barking. . Mrs. Marsha J. Felty, wife of the applicant, Mr. Timothy Felty, said that this is the first she has heard complaints about their dogs being a nuisance. Mrs. Felty said the reason the application was submitted was for the breeding and selling of their dogs. She explained that she does not believe they would ever have 30 dogs at any one time. Chairman DeHaven asked Mrs. Felty if there was a maximum number of dogs that she and her husband would want to be permitted. Mr. Felty returned to the podium and explained that they own six dogs, of which only two females are able to have puppies. He said that if both females have a litter at the same time, and it was possible they could have up to ten puppies per litter, that would put him at 26 dogs. The Commissioners had further discussion with Mr. Felty about the operation ofhis business and the structures proposed to house the dogs. The Commissioners were of the opinion that the operation of this kennel business would not become a nuisance to the neighbors. 0 Upon motion made by Ms. Gochenour and seconded by Commissioner Unger, BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval ofConditional Use Permit 902-03 of Timothy E. Feltyfor a Dog Kennel (breeding only) at 536 Fletcher Road with the following conditions: I. All review agency comments and requirements shall be complied with at all times. 2. Thispermit isforabreeding1sennel only; annuals not associated with the breeding operation shall not be boarded at any time. 3. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be kept within a fenced -in area. 4. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 5. Any expansion or change of use shall require a new conditional use permit. 6. No more than (30) thirty dogs shall be allowed on the property at any given time. • Frederick County Planning Commission Minutes of January 15, 2003 Page 999 9- 7. Any proposed business sign shall conform to Cottage Occupation sign requirements and should not exceed four (4) square feet in size. The majority vote on this recommendation was as follows: YES (TO APPROVE) Straub, Gochenour, Fisher, Ours, Light, Morris, Unger, Watt, Del-laven NO: Triplett, Kriz Chairman DeHaven said that he would consider a motion to accept two letters from adjoining property owners and some general information that the Fetty's submitted concerning their application, CUP #02 -03. Upon motion made by Commissioner Ours and seconded by Commissioner Fisher, the Planning Commission unanimously accepted the information submitted by the Felty's regarding their conditional use permit I application and included the information in the official record. i -- -- --- -- - - -- Conditional Use Permit #03 -03 of Daniel E. Whitacre for a Cottage Occupation/ Machine Shop. This property is located at 519 Turtle Meadow Drive and is identified with Property Identification Number 51 -A -9 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran reported that the proposed business will be conducted in a two -story accessory structure, approximately 800 square feet in size, located at the rear of the property; the adjoining properties are located greaterthan 100 feet from this structure and the property; and the property is surrounded by natural wooded screening and buffers. Planner Cheran stated that the applicant will be fabricating Civil War Era musket barrels and small parts for local industry and individuals. He said there were no adverse comments from any of the reviewing agencies. Commissioner Ours inquired if the one employee permitted was in addition to the owner/ operator. Planner Chelan replied this was correct; he said that in the future, the applicant desires to have one other employee, besides himself. Mr. Daniel E. Whitacre, the owner /applicant, was available to answer questions from the Commission. Commissioner Straub asked Mr. Whitacre if he planned to test fire the Civil War Era rifle barrels that he would fabricate. Mr. Whitacre replied that on occasion, he would test them out of doors; he said that he has a natural backstop. There were no citizen comments. Frederick County Planning Commission Minutes of January 15, 2003 Page 1000 M • • Based on the limited scale of the proposed use and evaluation of the property, Commission members believed tha6he proposed use would not have significant impacts on the adjoining properties. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, Tliatthe Frederick County Planning Commission does hereby unanimouslyreconmmend approval of Conditional Use Permit #03 -03 of Daniel E. Whitacre for a Cottage Occupation / Machinc Shop at 519 Turtle Meadow Drive with the following conditions: I. All reviewine agencies' comments must be complied with at all times. 2. No more than one (1) employee associated with this Conditional Use Permit is allowed. 3. Any proposed �business sign shall conform to Cottage Occupation sign requirements and will not exceed four (4) square feet in size. 4. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. Rezoning #01 -03 of Frederick Block Company, submitted by Greenway Engineering, to rezone 2.63 acres from RP (Residential Performance), B2 (Business General), and MI (Light Industrial) to B2 (Business General); and 2.01 acres from RP (Residential Performance), B2 (Business General), and M1 (Light Industrial) to B3 (Industrial Transition). This property is located on the eastern side along Martinsburg Pike (Route 1 I North, approximately 3,400 feet north of the intersection of Rt. I I and Lee Avenue, and is identified with Property Identification Numbers 54A- 1 -15B, 54A- 1 -15C, 54A- 1 -15D; and 54A -1 -16 and 54A -1 -17 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers F r LJ the Frederick County 1 Development Area (UC of Route 11, both in the Planner Kennedy rep Comprehensive Policy incompatible uses; tha affect the character of suggest that a general Frederick County Plant Minutes of January 15, r Abbe S. Kennedy reported thatthe proposed rezoning in this location is consistent with and Use Policy and the Comprehensive Policy Plan; the site is also within the Urban A) and the Sewer and Water Area (S W SA) and the properties alongthis section City and in the County, contain significant commercial and light industrial land uses. rrted no significant review agency comments. She noted, however, that the Plan states that business corridors should implement landscaping for screening of woodland buffers should remain where possible for screening; and that signage may Kennedy continued, stating that where site development proffers exist, staff would d development plan be submitted along with the rezoning proposal to show the Chairman Charles S. DeHaven, Jr. said that lie would abstain from all discussion and voting on this rezoning application, due to a possible conflict of interest. Chairman DeHaven said that he would designate the chairmanship of the meeting to Mr. John Light, since Vice Chairman Thomas was absentfrom the meeting. - ll - locations of the proposed 50' minimum vegetative preservation, and the locations of the proposed decorative walls. She said the staff would further suggest that the tree planting along Martinsburg Pike frontage should be consistent with expectations for development along County corridors. In addition, she explained that controls on signs place an important part in establishing the character of business corridors and monument -style signage should be encouraged as the only type of freestanding business signs for new business development along this segment of the pike; therefore, the staff believed the existing pole sign, located at the southwest corner of the property, which is currently in violation of the County's Zen in -Code, does not conform with the Comprehensive Policy Plan's goals for signage along this business corridor. Mr. Evan A. Wyatt with Greenway Engineering, who was representing the property owners, began by describing the site in general. Mr. Wyatt said the applicant has proffered to submit a site plan providing two entrance points along Martinsburg Pike, which will align with the two entrances into the Shockey property; and it will provide a continuous turn lane a long the property frontage. Secondly, Mr. Wyatt said they have proffered to refurbish the existing stone wall along Rt. 11: they will provide rounded, decorative wal Is at the entrance locations, aswelIaslandscaping and street trees along Martinsburg Pike. He stated their desire to make use of the existing pole sign, but to limit all future signs to monument -type signs. He noted that the proffer states that the sign will not be more than 20' in height; he noted that underthe existing zonings currently on the property, the M 1 would allow for a sign as tall as 60' and the B2 would allow a 35' sign. Mr. Wyatt explained that once rezoned, their proffer would, indeed, enhance an existing sign that needs work and guaranteesit will bein keeping with the street scapeofthecorridor. Regarding the third issue of buffering on the northern property line, Mr. Wyatt stated thatthe 50' existing strip will be maintained and then supplemented with a single row of evergreens. Commissioner Gochenour inquired about details forthe drainage plan. Mr. Wyatt explained that the site accepts water from across Rt. 11 from the Shockey parcel. Fie said that an existing storm sewer in the ground goes through the limits of this property and out to the railroad track, and discharges into Ft. Collier. He added that the facilities are in place and functioning well. i Actin.khairman Light inquired about the timing of the existing sign structure; Mr. Wyatt replied that the sign, in its current condition, has been on the property for many years and to his knowledge, the property owners have never been cited with a zoning violation for the sign. Mr. Wyatt said the applicant has proffered that the b official will be provided with a sign plan before any work is done. Acting! Chairman Light next called for public comments and the following person came forward to speak: Mr. Lillard, a neighboring property owner, said that his home is within an adjoining subdivision. Mr. Lillard wanted to know if the applicant was breaking into an old subdivision with the proposed rezoning. Mr. Donald Shockey of the Shockey Companies, a neighboring property owner across the street, was in favor of the requested rezoning. He stated that Frederick Block has been a good neighbor. Mr. Shockey said that he has considerable respect for Stephen Slaughter and his family and lie knew they would follow through with what they say. Mr. Shockey believed the development will clean up this area of Martinsburg Pike, it will be good for the economy, and will help Frederick County. • Frederick County Planning Commission Minutes of January 15, 2003 Page 1002 -12- In response to Mr. LiIlard's concern, Mr. Wyatt replied that there will be no access from this commercial property into the subdivision whatsoever. He explained that pend ing the approval ofthe proposed rezoning, a lot consolidation will be done to combine the five lots into one, and, at that time, the 20' access will be vacated. He assured Mr. Lillard and the Commission there would be no possibility of getting access in a northern direction. Commissioner Ours believed this was a well- thought -out plan, especially with the corridor appearance. Upon motion made by Commissioner Unger and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 401 -03 of Frederick Block Company, submitted by Greenway Engineering, to rezone 2.63 acres fronr RP (Residential Performance), B2 (Business General), and M I (Light Industrial) to B2 (Business General); and 2.01 acres from RP (Residential Performance), B2 (Business General), and MI (Light Industrial) to B3 (Industrial Transition) with proffers as submitted by the applicant. (Note: Chairman DeHaven abstained from voting; Commissioners Rosenberry and Thomas were absent.) Master Development Plan #01 -03 of Canter Estates, Section V, subm fitted by Greenway Engineering, for 200 single-family detached urban lots. This propertyis located on thewestside of Front Royal Pike (Rt. 522 South) approximately 1,200 feetsouth of Parkins Mill Road (Rt.644), and is identified with Property Identification Numbers 76 -A -22 and 76 -A -23 in the Shawnee Magisterial District. Action - Recommended Approval Planner Jeremy F. Camp stated that the overall concept ofthe master plan is consistent with the Comprehensive Policy Plan andthe requirements ofArticle XV I1, Master Development Plan, oftheZoning Ordinance. Planner Camp pointed out five minor issues identified by the Planning Staff which dealt with the amount of open space in areas of environmental features, the location of environmental features on individual lots, the design of the proposed road efficiency buffers, the intent of the viewshed protection area, and the timing of the developer's responsibility for the proposed roads. Mr. Evan A. Wyatt of Greenway Engineering was representing the owner, Shoemaker Construction and Jasbo, Inc. Mr. Wyatt began by giving a brief overview of the project. He addressed each of the issues raised by staff and he informed the Commission that the plan will be modified to address the first four of staffs concerns prior toadministrativeapproval. Regarding the fifth issue, regarding the timingoftile developer's responsibility for the proposed roads, Mr. Wyatt did not believe it was the developer's responsibility to pay for the future extension of Warrior Drive and Parkins Mill Road. He believed it was inappropriate to expectthe developerto build those segments ofroad, which are notcurrently on the County's road plan; however, he did believe it was appropriate for the developer to guarantee that right -of -way is available for the road when it is ready to be constructed. Mr. Wyatt said they have provided for the right -of- wav area, within the generalized development plan and the proffer statement, in ordcr to dedicate that right-of- 0 Frederick County Planning Commission Minutes of,lanuary 15, 2003 Page 1003 - 13 - way to the County when it is needed. Commissioner Straub said that she could not locate the historic structures, Frederick Hall House orthe Parkins Mill Battery, during a site visit of the property. Mr. Wyatt pointed out the Frederick Hall House on a display map; he explained that maintain ingthe 20-foot strip of the existing woodlands on the ridge will be important for viewshed protection. Mr. Wyatt was not familiar with the Parkins Mill Battery. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Jim Giraytys, resident of Back Creek District, was concerned about the long -term implications of development on the County's infrastructure, air quality, and the ozone issue. Hebelievedthe County will have to face metropolitan organizational issues in the future. The Commission believed the issues had been adequately addressed by the applicant. No other areas of concern were raised. Upon motion made by Commissioner Morris and seconded by Commissioner Unger, BE IT RESOLV ED, Thatthe Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 401 -03 of Canter Estates, Section V, submitted by Greenway Engineering, for 200 single - family detached urban lots. Substantial -in- Accord Review of the Proposed Fourth Middle School, as submitted by Frederick County Public Schools, for conformance to the County's Comprehensive Policy Plan. The proposed site is located along the Front Royal Pike (Route 522 South) corridor, close to the intersection of Papermill Road, in the Shawnee Magisterial District. Action - Recommended Approval Planning Director, Eric R. Lawrence, stated that he would present the next three items on the Planning Commission's agenda together, since they were all related. Director Lawrence said the Code of Virginia, Section 15.2 -2232, requires that all publicly- funded projects be in conformance with the Comprehensive Plan; therefore, the proposed middle school is being presented to the Planning Commission and, subsequently to the Board of Supervisors, for review and determination of its conformance with the County's 2000 Comprehensive Policy Plan. He pointed out thatthe proposed 30 -acre school site is a couple hundred feet outside of the UDA; it is intended to serve the Senseny Road corridor and the Stephens City/Tacker Road corridor population centers. Director Lawrence explained the second issue, which was contingent on the Commission determining that the school was consistent with the Comprehensive Policy Plan. The second issue was a request by the School Board to utilize the public water and sewer system forthe property. He said that rather than expanding the Sewer and Water Service Area (SWSA), the School Board is seeking an extension of the existing services, which are in close proximity. r� ICJ Frederick County Planning Commission Minutes of,lanuary 15, 2003 Page 1004 14- Director Lawrence stated that the th ird issue deals with access to the subject property and the propertyowners' request in acquiringthat access. He explained that the property owner will need to displace some mobile homes in order to construct road to the property and he is seeking an Urban Development Area (UDA) expansion to accommodate the displaced homes. In summary, Director Lawrence stated that if the proposed school is in substantial accord, the School Board would then ask if the sewer line could be extended outside of the SWSA to the site, and finally, the UDA expansion request is to accommodate the displaced mobile home units. Director Lawrence concluded by introducing the Administrative Assistant to the Superin- tendent of the Frederick County Public Schools, Mr. AI Orndorff, and Mr. Mark Smith of Greenway Engineering, the design engineers for the project. Using a display map, Mr. At Orndorff, Administrative Assistant to the Superintendent of Frederick County Public Schools, pointed out a concentration of students in the Eastern and the Southern portions of Frederick County within the UDA and a small arm of UDA that swings out, just missing the proposed school site. Mr. Orndorff stated that a dot placed at the proposed middle school would fall directly in between these two concentrations of students. He said there is a little over 11,000 students currently enrolled in the public school system and in the UDA area, where the proposed school is designated; there are 5,600 plus students, or about 52% of the total student population that lies within this area. Because of these statistics, Mr. Orndorff believed it was an excellent location for afuture school site. In addition, he mentioned thatthe potential of a collector road would assist with student transportation. Commissioner Ours asked how much of role attendance zones play in determining a proposed school location. Mr. Orndorff replied that direction from the School Board, the Capital Improvements Plan, the location of student populations, and the transportation system all play a role in determining school locations. He added that the proposed school would take pressure off of all three existing middle schools. Commissioner Gochenour expressed concerns that the proposed school site was not located within the UDA; it was heropinion thatthe School Board was creating problems by locating schools outside ofthe UDA. Commissioner Gochenour also believed that all ofthe issues, such as the drought, adequate water sources, and compliance with air pollution, had not been addressed. Commissioner Straub was also ofthe opinion that locating schools outside ofthe UDA created problems, particularly sprawl. She said the site chosen for this school was an empty field with the potential for creating development all around it. She wanted to see schools located where people and neighborhoods already exist. She did not believe it was appropriate to send school students who live along Senseny Road to a school 12 miles away; she reasoned that if 70% of the students are in the Senseny Road area, then that is where the school should be located. In response, Mr. Orndorff explained that the School Board does not necessarily focus on a geographical line, but rather uses factors such as the location of the student population and where they need to be transported from. Mr. Orndorff stated that the important factor in the selection of this proposed school site was that it was located between two major student population pockets and it lent itself well to transporting students. He said these two factors figured greater than the fact that the UDA line was 200 yards further north. He added that between eight and 13 sites were considered and sites were removed from the list for various reasons, certainly cost and location. Mr. Orndorff said the School Board believed this was the best site, as far U Frederick County Planning Commission Minutes of January 15, 2003 Page 1005 - 15 - as location, considering the density of the student population, busing costs, etc. CommissionerGochenourcommented that the Planning Comm ission should have had input on the list of sites the School Board was,considering and ajoint decision should have been made on the site chosen. Mr. Mark Smith came forward representing several parties, including the Shenandoah Mobile Park, which he and his wife owns, the residents of the Shenandoah Mobile Park, and as the co -owner of the properly requested for the school site. Mr. Smith said the request by the owners and residents of the Shenandoah Mobile Park is fortheexpansion ofthe SWSA and the UDA to take care ofthe residents that will be displaced by the creation of the access road to the school. He explained that if approval of the expansion is given, he will come back with a rezoning request for the area to accommodate the mobile homes that will be d isp laced by the road con nection. He assured the Commission that he would not request an increase in density; he said this will be a one - for -one exchange. Mr. Smith noted that the relocation area was chosen by him and his partners, the Russell brothers, Chris Russell and Darrell Russell, and was based oil topography. Mr.Smith said that both his and his partners' wish is for designated areas to remain undeveloped and to remain in family ownership for themselves and their children. Mr. Smith pointed out the location of the Russell's home and whereheisbuildinghisownhome. He also pointed out an area where they would like to have some moderate growth, but nothing high intensity because of the close proximity to their homes. Chairman DeHaven pointed out that the goal ofthe Board of Supervisors would be to stipulate that the extension of sewer and water outside of the SWSA would be for this specific use only. Chairman DeHaven asked Mr. Smith for additional details on the access road and the direction the line would run, ifthe UDA and the SWSA were expanded forthe relocations. Mr. Smith explained how the road and line would be run and his plans to use gravity feed and eliminate the existing pump station. Commissioner Ours asked Mr. Smith for his interpretation of moderate growth. Mr. Smith said that his and his partners' wish is that it will not be a subdivision Oran intense industrial use. He said that if the school wanted to buy add itional land, they would welcome that. He suggested something fairly moderate, maybe a recreational swim complex, light business, or light commercial uses. Commissioner Morris said thathe was in support ofthe re- establishmentofthe mobile home pads in light of the need and the lack of affordable housing in Frederick County. Mr. Smith said that it was very importantto both him and his wife to make sure the residents in the mobile homes have a place to live; he said the trailers will be relocated at his own cost. Mr. Smith said that he has an opportunity; he said that he was able to purchase into the Russell Farm; he was able to acquire the mobile home park; there's a fulfillment ofa Comprehensive Plan road that helps traffic circulation; a sewer line is available a few hundred feet away to service the school site; natural gas is available; and water is available. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Samuel Lehman, Back Creek District, stated that he hoped Mr. AI Orndorffand Dr. Dean do a betterjob of locating schools than in the past. He was concerned about tile excessive amount of land that is being bought to accommodate as mo I e school and the amount paid per acre; he spoke ofthe dollar amounts • Frederick County Planning Commission Minutes of,lanuary 15, 2003 Page 1006 16- spentgrading roads and creating accesses; he was concerned that excess amounts of money were being spent Oil transporting students all over the County. Commissioner Fisher believed the transportation issues had not been adequately addressed. He considered the number of students proposed to be transported on a road that V DOT has publicly said will be saturated in approximately fouryears. He pointed out that if areas already approved for development are considered, both residential and commercial, including Eastgate and the existing elementary school, the impacts on this road will be great. Commissioner Fisher was interested in knowing where the other sites were on the School Board's l istthat were considered. Other Commissioners believed certain factors drive the upgrade of roads and that building structures, such as schools, drive VDOT to make needed road improvements. Chairman DeHaven commented that consideration of the request before the Commission should not be focused on whether or not this was a good school site; he believed that decision was the School Board's decision to make and not the place of the Planning Commission. Considering all the concerns raised, the majority of Commissioners believed the proposed fourth middle school was substantially in- accord with Frederick County's Comprehensive Policy Plan. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, that by a majority vote, the recommendation of the Frederick County Planning Commission is that the proposed fourth middle.school, as submitted by Frederick County Public Schools, is substantially in- accord with conformance to Frederick County's Comprehensive Policy Plan. The proposed site is located along the Front Royal Pike (Route 522 South) corridor, close to the intersection of Papermill Road, in the Shawnee Magisterial District. The majority vote was as follows: YES (TO APPROVE) DeHaven, Kriz, Morris, Watt, Triplett, Unger, Ours, Light NO: Fisher, Gouchenour, Straub (Please Note: Commissioners Rosenberry and Thomas were absent from the meeting.) Request for Sewer and Water Services to extend beyond the Sewer and Water Service Area (SWSA) to serve the proposed fourth middle school site. The proposed site is located along the Front Royal Pike (Route 522 South) corridor, close to its intersection with Papermill Road, in the Shawnee Magisterial District. Action - Recommended Approval The discussion on this request was included under the previous item. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, r1 LJ Frederick County Planning Commission Minutes of January 15, 2003 Page 1007 - 17- BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the request to extend sewer and water services outside of the Sewer and Water Service Area (SWSA) with the condition that it is only to serve the proposed fourth middle school, as proposed by the Frederick County School Board. The proposed site is located along the Front Royal Pike (Route 522 South) corridor, close to its intersection with Papermill Road, in the Shawnee Magisterial District. The majority vote was as follows: YES (TO APPROVE) DeHaven, Kriz, Morris, Watt, Triplett, Unger, Ours, Light, Fisher, NO: GOrlcheiwff, Straub (Please Note: Commissioners Rosenberry and Thomas were absent from the meeting.) Request to Expand the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), submitted by Greenway Engineering, to incorporate approximately seven acres of property referred to as the Russell Farm. The property is identified by Property Identification Numbers 76 -A -5 and 64 -A -37, zoned RA (Rural Areas) District, in the Shawnee Magisterial District. Action - Recommended Approval 0 The discussion on this request was included under a previous item, the "Substantial In- Accord Review of the Proposed Fourth Middle School." Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE rr RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval ofthe request, by Greenway Engineering, to expand the Urban Development Area (UDA) and the Sewerand Water Service Area (S W SA) to incorporate approximately seven acres ofproperty, referred to as the Russell Farm, forthe purposes of relocating existing residential units in the Shenandoah Mobile Home Park. The majority vote was as follows: YES (TO APPROVE) DeHaven, Kriz, Morris, Watt, Triplett, Unger, Ours, Light NO: Gouchenour, Straub, Fisher (Please Note: Commissioners Rosenberry and Thomas were absent from the meeting.) • Frederick County Planning Commission Minutes of January 15, 2003 Page 1008 _Ig_ • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:40 p.m. by a unanimous vote. submitted, Eric ff. Kdybrence, Secretary Charles S. DeHaven, Jr., C J r 1 f� Frederick County Planning Commission Minutes of January 15, 2003 Page 1009