PC_01-21-04_Meeting_MinutesMEETING MINUTES
•
OF THE
COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on January 21, 2004.
PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice
Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie
F. Straub Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John
H. Light, Stonewall District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District;
Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Barbara E. Van Osten, Board of
Supervisors' Liaison; Gary W. Dove, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal
Counsel.
ABSENT: William C. Rosenberry, Shawnee District;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Patrick T. Davenport, Zoning& Subdivision Administrator; Abbe S. Kennedy, Senior Planner; Mark
R. Cheran, Planner I; and, Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
\J
MINUTES - DECEMBER 3 2003 AND DECEMBER 17, 2003
Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes
of December 3, 2003 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour, the
minutes of December 17, 2003 were unanimously approved as presented.
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1237
-2-
i Comprehensive Plans & Programs Subcommittee (CPPS) - 01/12/04 Mtg.
Commissioner Light reported that the CPPS is continuing with their discussions on the rural
areas.
Historic Resources Advisory Board B - 01/20/04 Mtg.
Commissioner Gochenour reported that the HRAB received a presentation by Ms. Diane Kerns
which provided an overview of the Community Consensus Coalition (CCC). Commissioner Gochenour said
that according to their mission statement, the CCC wants to provide educational forums on issues impacting
the region and to encourage regional community -based planning. She added that Ms. Kerns was seeking the
HRAB's continuing support and to send at least two representatives to the general meeting in March.
Commissioner Gochenour said the HRAB's 2004 Work Program was also discussed. She said the HRAB
members will be receiving training over the next two months on implementing their preservation goals as
outlined in the Frederick County Comprehensive Policy Plan and the Frederick County -Winchester Battlefield
Network Plan.
i Economic Development Commission (EDC) - 01/16/04 Mtg.
Commissioner Thomas reported that the EDC discussed a branding program to provide better
name recognition for Winchester- Frederick County economic and business development. It is hoped thatthe
program will improve the ability of our area to attract business.
Sanitation Authority (SA) - 01/20/04 Mtg.
Commissioner Fisher reported that the SA authorized the engineer /director to initiate design
of the southeastern regional sewage project, which is a $2'/z million sewer line project to increase the capacity
south of Senseny Road down to the Opequon wastewater plant. In addition, Commissioner Fisher shared some
highlights of the conclusions of the Dr. Burby report on the water management model.
(Note: Commissioner Ours arrived at this point of the meeting.)
Frederick County Planning Commission
Minutes of January 21, 2004 Page ] 238
-3-
PUBLIC HEARING
• Adoption of the proposed West Jubal Early Land UsePlan (WJELUP). The WJELUP identifies future
residential and mixed land uses, a transportation network, and includes an expansion of the Urban
Development Area (UDA), for an approximate 350 -acre area portion of the County. The site is located
adjacent to and west of the City of Winchester, east of Rt. 37, and adjacent to and south of Merriman's
Lane (Rt. 621). The WJELUP is located in the Shawnee Magisterial District.
Action - Recommended Approval
Commissioner Unger said that he would abstain from all discussion and voting on this item,
due to a possible conflict of interest.
Planner Abbe S. Kennedy reported that the Commission reviewed a draft plan of the Western
Jubal Early Land Use Plan (WJELUP) on November 19, 2003 which included an Urban Development Area
(UDA) expansion request. Subsequently, the Commission forwarded a recommendation of endorsement to the
Board for the UDA expansion and recommended the land use plan for information purposes only. Planner
Kennedy said that the staff presented the WJELUP to the Board at a public hearing on December 10, 2003 and,
at that time, the Board expressed concerns regarding the UDA expansion approval without the accompanying
recommendation of a land use plan. The Board motioned to return this request to the Planning Commission
so that the Commission would have the opportunity to further review the WJELUP and to provide a formal
recommendation to the Board.
Planner Kennedy next proceeded to describe the WJELUP for the Commission. Shesaidthat
• the subject land within the WJELUP is planned as a transitional area between the City of Winchester and
western Frederick County. The principal land uses envisioned with this land use plan are urban and suburban
residential, intended to be compatible with the existing lower density residential patterns of the City. She said
that the predominant transportation element is Jubal Early Drive and is proposed from its terminus in the City
of Winchester, all the way to an interchange with Rt. 37. She added that the mixed use development pattern
is intended to provide commercial and employment opportunities for the residents within the area. She next
described the p roposed de—iti— of development for the Commission.
Planning Director Eric Lawrence added that the mixed use area illustrated allows flexibility
for the developer to decide if they would prefer multi- family or commercial uses and it is the intent of the land
use plan to concentrate potential mixed uses at the intersection of the two planned roads.
Commissioner Gochenour inquired ifany geological surveys had been conducted to detect sink
holes and steep slopes and, in addition, if any studies were conducted to determine possible environmental
impacts of the proposed development, especially since this land was within the Abrams Creek Corridor.
Director Lawrence pointed out that significant environmental issues have already been identified; specifically,
a sink hole has been identified and the wetlands have been delineated. He said that during the rezoning phase
of development, further geotechnical studies will be conducted.
In light ofthe Planning Commission forwarding a positive endorsement of the UDA expansion
to the Board of Supervisors and the Board requesting that the Commission consider land use plan before the
Board takes complete action, Commissioner Thomas inquired ifthe language within the proposed land use plan,
J
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1239
4-
along with the inference of proffers, were binding to the developer when submitting a rezoning request for
consideration. Specifically, Commissioner Thomas stated that if the proposed land use plan is recommended
® for approval by the Planning Commission and approved by the Board of Supervisors, with the language
included, it would become apart of the Comprehensive Policy Plan. Therefore, within the WJELUP, there will
be components detailing densities; specifically, that the residential in the mixed use will be limited to 75%
maximum density, the residential will be four units per acre, and the developer of the property will pay for the
road and the connection to Rt. 37. Director Lawrence replied that this language is consistent with what has
typically been incorporated into the Comprehensive Policy Plan over the last ten years. Director Lawrence said
that the Comprehensive Policy Plan is a policy to help guide development.
Commissioner Thomas asked if the developer agreed with the proposed land use plan and
secondly, would the Planning Commission be within its purview to deny a future rezoning on the basis that al l
of the conditions in the policy had not been met. Director Lawrence stated that the applicant, Greenway
Engineering, assisted in drafting the language and one would hope they have represented the interests of the
property owners. Director Lawrence stated that if a rezoning application would follow the adoption of this
policy, it would be up to the Board whether or not they believed the language in the policy document is
addressed through the rezoning application. Furthermore, ifthe Board believes the applicant is notaddressing
the County's policies or not mitigating the impacts, the Board is in a position to deny the rezoning.
Commissioner Light suggested that a specified density for the mixed use areas be designated
within the plan so there is no uncertainty for future land use requests. Commissioner Light also pointed out
that the traffic impacts to Merrimans Lane have not been addressed within the WJELUP. He believed a
statement suggesting a potential upgrade or placement in the Secondary Road Improvement Plan would be
appropriate.
• Commissioner Ours considered the potential transportation plan for this area to be a plus for
both Frederick County and the City of Winchester. He believed that if the City was in agreement and if the
transportation was done properly, it would take traffic off Merrimans Lane, which is currently a major cut
through, especially through the Meadowbranch subdivision.
Mr. Evan A. Wyatt with Greenway Engineering stated that they hired a professional
,,......,u—cntal e... sultant service to confi!ct a werlandc analysis on the nroperty. as well as a Phase I
Environmental Study. Mr. Wyatt felt confident that the Developmentally Sensitive Areas (DSA) designated
on the map will be fairly accurate tothe Corps of Engineers' ultimate designation of the wetlands. Hepointed
out a large sinkhole feature on the lower part of the Marshal property and he said that geo -tech analysis would
have to be done to identify smaller sinkholes. Mr. Wyatt stated that they have participated with both the City
and the County Planning Staff, the City Engineering Staff, and Mr. Jim Lawrence, who represented some of
the environmental interests, as well as the Green Circle Trail System.
Mr. Wyatt continued, stating that as far as the developer being bound by the language within
the WJELUP, as with any land use plan, there could be some implied issues that would be expected because
it is a policy document; however, he did not think one could point to any single part of it and say that a
developer was bound to the specific language. Regarding the transportation aspect, Mr. Wyatt stated that a
traffic impact analysis is conducted at the rezoning stage to determine the possible impacts generated by a
proposed land use. He commented that there is a fair -share issue involved with regional transportation
improvements. He believed there was an expectation for right -of -way to be set aside for the ultimate build -out,
but not necessarily for the ultimate road section to be constructed by the developer.
L�
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1240
5-
Chairman DeHaven called for public comments and the following person came forward to
speak:
® Mr. Jeff Solenberger stated that his family owns 198 acres, of which 183 acres are currently
within the Agricultural and Forestal District. He said that his family wanted to go on record that they
supported the inclusion of the WJELUP in the County's Comprehensive Policy Plan as proposed. Mr.
Solenberger added that his family was involved in the initial process of removing their property from the
Agriculture and Forestal District and they are pursuing the possibility of inclusion within the WJELUP in the
future.
Mr. Jerry Copp, Resident Engineer for the Virginia Department of Transportation (V DOT)
at Edinburg, came forward to answer questions from the Commission.
Commissioner Thomas asked Mr. Copp for his opinion on theprobability of VDOT approving
an additional entrance onto Rt. 37 at this location. Mr. Copp replied that an entrance is designated in the
WATS for that general location and itwas possible from an engineering standpoint to construct an additional
lane between Cedar Creek Grade and Rt. 50. Mr. Copp pointed out that funding for the project has not yet
been designated in any particular program and Frederick County would be in competition with the other 11
counties in the Staunton District. Mr. Copp made a couple funding possibilities suggestions.
Commissioner Ours asked Mr. Copp if it made sense to have an interchange at this location
and if it would enhance the area's transportation plan. Mr. Copp replied that according to the WATS, an east-
west corridor through the City of Winchester with a connection to Rt. 37 did make sense and he agreed that
it would enhance the transportation plan of the area.
Commissioner Gochenour believed this area needed further study before Frederick County
included it into a land use plan within the UDA. She commented that there was a tremendous amount of
building construction in this area and she believed it had an impact on flooding conditions in her district, as well
as sections of the Shawnee District.
Commissioner Straub raised the issue of overcrowded elementary schools; she estimated the
possibili y of 1 nnn school children being generated from approximately 1.400 homes. She commented that
the Shockey project and the Glaize project, along with other pending projects, needed to be kept in mind before
including more land within the UDA. Commissioner Straub expressed her hope that consideration be given
to reserving land for at least one elementary school within the WJELUP.
Commissioner Light expressed his hope that this area would be developed in a progressive
manner with design standards to attract notjust homeowners, but professional job opportunists, and result in
the development of an up -scale residential scenario. He did not believe this should be viewed primarily as a
housing subdivision, but as an economic job potential for our area that could draw professional people and
opportunities, possibly changing our economic base from a production - worker area to high- skilled individuals
that may bring high-qualityjob opportunities to our area. Commissioner Light believed this was one of the best
locations and best development opportunities in the entire area. Other Commissioners agreed.
Commissioner Fisher agreed this area was suited for UDA expansion, however, he raised
several transportation questions: Who will be responsible for the road connection to existing Jubal Early in the
City? What happens if the funding is not available and the interchange is not constructed? Where is the
u
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1241
M
terminus for the collector road heading south and south -west?
• Commissioner Ours asked Mr. Wyatt about the possibility of designating a portion of the area
for age- restricted housing, to help mitigate some of the potential impacts. Mr. Wyatt said that any housing type
is potentially available under the proposed language.
Chairman DeHaven also agreed the proposed land use plan was appropriate. He said there
was no question the proposed uses represented the highest and best uses for this property. Chairman DeHaven
believed the language adequately addressed the transportation issues, which were his biggest concern. Hedid
disagree, however, with several of the comments made concerning the specific language. It was Chairman
DeHaven's opinion that the language will make the Comprehensive Policy Plan very clear as far as what is
expected when possible future rezoning proposals come forward.
A motion to endorse the WJELUP was made by Commissioner Morris and seconded by
Commissioner Thomas. By a majority vote, the Commission recommended approval.
BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby endorse the adoption of the
proposed West Jubal Early Land Use Plan ( WJELUP), which identifies future residential and mixed land uses,
a transportation network, and includes an expansion of the Urban Development Area (UDA), for an
approximate 350 -acre area portion of the County. This site is located adjacent to and west of the City of
Winchester, east of Rt. 37, and adjacent to and south of Merriman's Lane (Rt. 621), within the Shawnee
Magisterial District.
The majority vote was as follows:
• YES (TO APPROVE) Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Watt
NO: Straub, Gochenour
ABSTAIN Unger
l L. ^te' (`•• . Rn nhP c oF.ecnt Frnm the maetina
k a...u. � SS: v u ... ........ .. :� `..... .. a .�
Conditional Use Permit #13-03 of Shared Towers, Incd White Tail Lane Tower, presented by Greenway
Engineering, for a 195' high lattice -type telecommunications facility. This property is located on White
Tail Lane off of North Frederick Pike (Rt. 522N) and is identified with P.I.N. 19-A-27 in the Gainesbo ro
Magisterial District.
Action - Recommended Approval with Conditions
Mr. Mark R. Cheran, Planner, reported that this application is a request to revise a condition
previously placed on Conditional Use Permit (CUP) #16-02 approved by the Board of Supervisors on January
22, 2003. He explained that Condition 45 of CUP #16 -02 states, "In the event the telecommunications tower
is not erected within 12 months of approval (January 22, 2004), the CUP shall be deemed invalid." Planner
•
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1242
-7-
Cheran reported that the applicant has stated that the tower will not be erected by that date and has requested
an amendment to this condition of his permit.
® Planner Cheran continued, stating that staff believes this application for a commercial
telecommunications facility has 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 has been demonstrated.
Planner Cheran next read a list of recommended conditions, should the Commission recommend approval of
the permit, essentially granting the applicant an extension of 12 months to construct the tower.
had started.
Commissioners inquired if there were customers for the tower and if the tower construction
Mr. Evan A. Wyatt, with Greenway Engineering, was representing the applicant, Shared
Towers, Inc./ White Tail Lane Tower. Mr. Wyatt said this is one of four towers proposed by Shared Towers,
Inc. through a series of CUPS. He explained that at the time of original submittal, a competing company was
also submitting CUPS for towers. Since that time, the other company has withdrawn their applications for
towers, eliminating the competition for this site. Mr. Wyatt knew of no other CUPS vying for space on the Rt.
522 Corridor between Winchester and West Virginia.
Mr. Wyatt reported that the Hunting Ridge Tower has been completed; the Cross Junction
Tower is currently under construction with a completion date of late January or early February, 2004; and a
building permit has been issued forthe Reynolds Store Tower. He explained that the White Tail Lane Tower
has received an approved site plan, however, Shentel has not yet made a commitment for this tower, nor has
a building permit been applied for. He said there was not a specific target date for construction and the
applicant wants to be assured of users before making the investment. Mr. Wyatt added that everything remains
• the same; they are just looking for additional time to construct.
Chairman DeHaven called for public comments, however, no one was present to speak.
No other issues were raised and the Commission Believed the extension was appropriate with
the recommended conditions.
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours,
BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 913-03 of Shared Towers, Inc./ White Tail Lane Tower, presented by
Greenway Engineering, for a 195' high lattice -type telecommunications facility on White Tail Lane, off of
North Frederick Pike (Rt. 522N), 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.
u
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1243
M
4. 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 12 months of the approval of this
conditional use permit, then the conditional use permit will be deemed invalid.
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.
Proposed amendment to the Frederick County Zoning Ordinance to change Section 165 -27D to reflect
a new definition of semi - trailers/ trailers and a new definition for business vehicles in the RP (Residential
Performance) District, used with home occupations.
Planner Mark R. Cheran presented a proposed ordinance amendment regarding a revised
definition for semi- trailers. Planner Cheran said that the current ordinance states that no trailer, regardless of
its size or type, may be kept anywhere within the RP, R5, R4, MS (residential component) or MH1 Zoning
Districts. He explained that the current definition was not intended to include all types of trailers, such as boat
• trailers, camper trailers, and utility trailers, but was primarily intended to regulate commercial vehicles.
Planner Cheran stated that the Development Review & Regulations Subcommittee (DRRS) discussed this issue
at their meeting of October 23, 2003 and have recommended a modification to the ordinance for the Planning
Commission's discussion.
There was considerable discussion by the Planning Commission and a number of issues were
a
including ° „ f nt Tt . Hied fhaf a,tiyitir z nn nnhlir rnad$ wnidd he a law-
iaiseu, inCiuw ug a v ..0 w..�.�..... ....., ..., .._
r --
enforcement” issue enforced by the sheriff; issues involving subdivisions would fall under "code- enforcement"
and are enforced by the Zoning Administrator; and homeowners' association issues would be covered by "deed
restrictions" and resolved by the courts. Possible inconsistencies in the proposed amendment were pointed out
in the definitions for trailers and axle lengths, and it was pointed out that the 10,000 pound limit would prohibit
today's standard -sized pick -up truck or van. It was also pointed out that the new dual - wheeled Dodges and
Fords all weighed over 1' /2 tons.
Members of the DRRS explained that this issue was precipitated by the small -lot subdivisions
with cul -de -sacs serving, for example, five homes with only 40' -50' of curb available in front of each house to
park vehicles. It was noted that most residents today own two and three vehicles, sometimes with an RV or
pick -up, and they are unable to fit all of their vehicles into their driveways. Consequently, vying for parking
space around the cul -de -sac becomes an issue.
Chairman DeHaven called for public comments and the following person came forward to
speak.
•
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1244
t�
Mr. Mike Wise came forward to say that he is having problems with his neighbor who is trying
to park a 25' car hauler within the 50' radius, cul-de-sac. Mr. Wise provided photographs showing his
neighbor's car hauler blocking the Wise's driveway and mailbox; Mr. Wise said that he is a volunteer fire
fighter and his truck has been blocked in by the neighbor's car hauler. Mr. Wise added that his mother has a
heart condition and he has concerns about his driveway being blocked in during the night. Mr. Wise further
added that he has contacted other counties, such as Clarke, Warren, and Shenandoah, and no other counties
allow trailers, recreational vehicles, or utility vehicles to be parked on the street or in cul -de -sacs.
A suggestion was made for the addition of a codicil to the amendment that specifically
addressed cul -de -sacs. It was pointed out that if the cul -de -sac is a state - maintained road, the County cannot
create an ordinance that mandates parking on a public street. It was decided that more discussion was needed
by the DRRS with input from representatives of the Sheriff s office, V DOT, the Fire Marshal, and the Zoning
Administrator in order to receive input from all of the agencies involved. Commissioners agreed this would
be appropriate and regardless of the end result, the amendment needed to be implemented consistently and
fairly.
ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 8:45 p.m.
• Res ctfully submitted,
Charles . eHaven, Jr., Chairman
Eric 1. Lawrence, Secretary
•
Frederick County Planning Commission
Minutes of January 21, 2004 Page 1245