PC_03-03-04_Meeting_MinutesMEETING MINUTES
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OF THE
FREDERICK COUNTY PLANNING COMMISSION
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Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on March 3, 2004.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Greg L. Unger, Back Creek District;
Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; George J. Kriz, Gainesboro District;
John H. Light, Stonewall District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District;
Richard C. Ours, Opequon District; Gary Dove, Board of Supervisors' Liaison; and Peter Hensel, Legal
Counsel.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; William C. Rosenberry, Shawnee
District; Robert A. Morris, Shawnee District; and Gene E. Fisher, Citizen at Large
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Patrick T. Davenport, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
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MINUTES - FEBRUARY 4. 2004
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes
of February 4, 2004 were unanimously approved as presented.
Frederick County Planning Commission
Minutes of March 3, 2004 Page 1256
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COMMITTEE REPORTS
is Development Review & Regulations Subcommittee (DRRS) - 02/26/04 Mtg.
Commissioner Unger reported that the DRRS discussed at length the setbacks between
Agricultural and RP Districts. Commissioner Unger said discussions on this topic will continue throughout
future meetings. He said the DRRS also discussed allowing restaurants in 133 Districts.
PUBLIC HEARING
Rezoning #01 -04 of Shepard Properties, submitted by Greenway Engineering, to rezone 1.17 acres from
RA (Rural Areas) District to B2 (Business General) District. This property is located on the west side
of Front Royal Pike (Rt. 522 South), approximately 1,500 feet south from the Airport Road (Rt. 645)
intersection, and is identified with P.I.N.s 64 -A -14 and 64 -A -15 in the Shawnee Magisterial District.
Action - Recommended Approval
Deputy Planning Director, Christopher M. Mohn, stated that the site is located wholly within
the UDA (Urban Development Area) and the SW SA (Sewer and Water Service Area), and the request generally
conforms with the applicable policies of the SFLUP (South Frederick Land Use Plan). He next proceeded to
review the proffers that were offered by the applicant, which included: vehicular access to the site will occur
exclusively through a single entrance on Front Royal Pike; the installation of a right turn/ taper lane on the
south bound side of Front Royal Pike will be constructed to facilitate site access; and, the establishment of a
10 -foot wide pedestrian access easement will be designated to enable linkages with properties located
immediately south and north of the site. Mr. Mohn said that the access arrangement, and the associated
improvements to Front Royal Pike, have been deemed sufficient to mitigate the projected traffic impacts of the
proposed rezoning. Furthermore, the applicant has also proffered to install enhanced landscaping along the
frontage of the site; the applicant has proffered to limit the number of free - standing business signs to two
monument -style signs, one for each of the two constituent parcels, and, the applicant has also proffered to
prohibit certain land uses on the site that would otherwise be permitted on B2 -zoned land. Deputy Director
Mohn read the list of the excluded uses for the Commission.
Commissioner Gochenour expressed a concern that the review evaluation from the Frederick
County Sanitation Authority and the Frederick- Winchester Service Authority on this rezoning was that they
had no comment. Commissioner Gochenour said that she understood there were overloading problems with
the County's plants, at both the Parkins Mill plant and the regional plant, due to the extensive construction
taking place in the County. Commissioner Gochenour questioned whether sufficient capacity was available
at the Diehl Water Plant and she wanted to know who would be responsible for extending the required eight -
inch sewer line. She expressed her view that this additional rezoning would only add to the existing problems
that are being experienced and that more information was needed from these two agencies.
Frederick County Planning Commission
Minutes of March 3, 2004 Page 1257
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Deputy Director Mohn replied that by offering "no comment" with their corresponding
® signatures, the implied statement for these two agencies is that there is sufficient capacity to serve the demands
generated by the proposed rezoning. Deputy Director Mohn replied that it will be the responsibility of the
developer to extend the line to connect into the system.
In addition, Commissioner Gochenour requested an explanation of the County Engineer's
comments regarding stormwater management and site drainage. Deputy Director Mohn replied that the
applicant addressed the County Engineer's initial comments by providing additional information on their plans
for stormwater management in the impact analysis statement. It was pointed out that the design of the
stormwater management pond will occur during site development and will require the County Engineer's
approval. It was also noted that the applicant will be using a combined stormwater management pond that
would accommodate both parcels.
Mr. Evan A. Wyatt with Greenway Engineering was present to represent the applicants,
Michael Shepard and Cheryl Shepard. Mr. Wyatt said that the Shepards envision the parcels having small
office uses and their intention is to have this property as an investment parcel for their two children. Mr. Wyatt
next discussed the stormwater management concern that was raised, focusing on how stormwater management
would be accomplished if the properties develop independently. He said that Greenway Engineering
determined that the best drainage solution would be a single stormwater site, developed for the first site plan,
that would accommodate the entire 1.17 acres.
Board of Supervisors' Liaison, Mr. Gary Dove, Gainesboro Representative, concurred with
the applicant's concept of doing a shared entrance in lieu of a single entrance for each of the two parcels in
order to better manage the access along Front Royal Pike.
Commissioner Straub inquired about the comment in the staff's report indicating that there
was no commitment by the applicants to construct pedestrian facilities. Mr. Wyatt replied that although Front
Royal Pike (Rt. 522 So.) has been designated for a multi -modal effort by the County in the Comprehensive
Policy Plan, a decision has not yet been made on an exact route for a bicycle/pedestrian facility; for example,
on which side of Rt. 522 will the facility be constructed, or would Warrior Road be used instead. Mr. Wyatt
believed the best treatment was to offer the County the ability for connectivity through their property until a
decision is made on where the facility would be located.
Chairman DeHaven called for public continents, however, no one came forward to speak.
Members of the Commission believed this was a well -put together plan and they liked the
proffers that were offered by the applicant.
Upon motion made by Commissioner Ours and seconded by Commissioner Kriz,
BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of Rezoning #01 -04 of Shepard Properties, submitted by Greenway Engineering, to
rezone 1.17 acres from RA (Rural Areas) District to B2 (Business General) District with proffers as offered
by the applicant.
Frederick County Planning Commission
Minutes of March 3, 2004 Page 1258
® The majority vote was as follows:
YES (TO APPROVE) Triplett, Kriz, Ours, Light, Unger, Watt, Straub, DeHaven
NO: Gochenour
(Commissioners Thomas, Morris, Rosenberry, and Fisher were absent from the meeting.)
PLANNING COMMISSION RETREAT SUMMARY
Planning Director Eric R. Lawrence summarized the issues and project priorities that were
discussed at the Planning Commission's 2004 Retreat. He next reviewed the department's work program
for the coming year, which was based on attendees' responses to the survey conducted at the retreat.
is ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 7:35 p.m.
Respectfully submitted,
S. DeHaven, Jr., Chairman
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Frederick County Planning Commission
Minutes of March 3, 2004 Page 1259