PC_09-01-04_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 September 1, 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; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; Richard C. Ours,
Opequon District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back
Creek District; Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten,
Board of Supervisors' Liaison; and Lawrence R Ambrogi, Legal Counsel.
ABSENT: Charles E. Triplett, Gainesboro District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning Administrator; David
Beniamino, Planner; Candice Mills, Planner; and Renee S. Arlotta, Clerk.
• CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES — AUGUST 4, 2004
Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of
August 4, 2004 were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) — 08/26/04 Mtg.
Commissioner Thomas reported that the DRRS discussed the Flex Tech section of the zoning
ordinance and ways it might be improved. Commissioner Thomas said that the DRRS is trying to determine why
the Flex Tech District is not getting much use lately. He added that the DRRS is also taking a look at improving
•
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the open space section of the RP (Residential Performance) ordinance.
•
Comprehensive Plans & Programs Subcommittee (CPPS) - 08/31/04 Mtg.
Commissioner Light reported that the CPPS met with the Board of Supervisors to present ideas
on the Rural Areas Study program. He said the CPPS received new direction from the Board and was given
another 30 days to work out some issues.
CITIZEN COMMENTS
Mr. John Goode, Stonewall District, came forward to talk with the Planning Commission about
the Rural Areas Study that is currently being undertaken by the Comprehensive Plans & Programs Subcommittee
(CPPS). Mr. Goode was speaking on behalf of his parents who have been farming on Apple Pie Ridge since
1952. He said that over the years, his parents have accumulated 750 acres and have relied on their investment in
this real estate to be their retirement plan and their security for future health care. Mr. Goode said that the recent
proposals from the CPPS have caused them to be concerned that their property values could be destroyed, along
with their security. He urged the Commission to look at the possibility of an incentives approach, instead of
creating the fear that if the lots are not plotted immediately, value will be lost.
Mr. Kenneth Y. Stiles, Stonewall District, also came forward to express his views about the
• Rural Areas Development changes. Mr. Stiles said that he and his brothers have been farming in Frederick-
County for 37 years and he believed the proposed rural areas development changes would penalize farmers and
landowners, like himself, who have remained in farming over many years. He believed the proposed changes
would drive people to subdivide their land before the ordinance went into effect, in order to protect their interests.
Mr. Stiles predicted that housing costs under this approach would skyrocket and it would be impossible to build a
home in the rural areas for less than $500,000. He believed the new policies would play into the hands of the
large national developers that have come into Frederick County. Mr. Stiles was also not in favor of allowing
private septic systems; he believed the only way the County should consider any package treatment plant is if the
plant is dedicated to the Sanitation Authority to operate. Furthermore, he was not in favor of requiring a rezoning
application for the rural areas and contended that it was only a way to extract proffers on houses. Mr. Stiles
suggested an alternative approach to the Commission. He said that if the intent is to protect open space, a
requirement could be established whereby any parcel over 75 -100 acres could be developed at the density of one
lot per five acres, but 50% of the land must be set aside. This would ensure that 50% of large tracts of land
remain undeveloped in rural Frederick County and yet, the value of the landowners' investment and their property
value is not destroyed.
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PUBLIC HEARING
Conditional Use Permit #17 -04 of Edwin and Zucely Elvira, submitted by Artz & Associates, for a
landscaping business. The property, zoned RA (Rural Areas), is located at 225 Caldwell Lane (Rt. 717),
directly behind the AC Self Storage facility, south of Papermill Road (Rt. 644). This property is identified
with P.I.N. 63 -44C in the Shawnee Magisterial District.
Action - Recommended Approval with Conditions
Chairman DeHaven said that he would abstain from all discussion and voting on this item due to
a possible conflict of interest and he turned the chair over to Vice Chairman Thomas.
Planner David Beniamino reported that the proposed conditional use permit (CUP) is for a
landscape contracting business on a five -acre parcel. He stated that there are no structures on site and no new
structures will be constructed as part of the CUP. Planner Beniamino stated that the staff is recommending that a
six -foot opaque fence be erected to screen the eastern edge of the property from residential uses. Furthermore, the
proposed use shall employ no more than ten employees at any one time and the site will not contain more than
nine vehicles stored on the premises; no sales of nursery stock will take place on site. Planner Beniamino read a
list of recommended conditions, should the Commission find the use to be appropriate.
Mr. Michael M. Artz with Artz & Associates, Inc., PLC and Mr. Edwin R. Elvira, the property
owner, were present to answer questions from the Commission. The applicant's stated use of the property was to
store nursery stock and to park business vehicles on the site; the business vehicles included delivery trucks and a
vehicle used to transport a bobcat or other similar equipment. No structures were planned, due to the fact that no
drain field sites were available on the property.
• Mr. Artz reported existing water runoff problems stemming from drainage issues on the
adjoining AC Self- Storage site; this runoff was impacting an adjoining property to the southeast (Mrs. Marie
Evans at 170 Harrison Lane). Mr. Artz stated that the Mr. Elvira has agreed to help mitigate the runoff problems,
even though his property is not a contributing factor. He explained that recent discussions between the County's
engineers, the excavator for the AC Self- Storage site, and the applicant have resulted in the development of a
future, mutually - beneficial agreement whereby the applicant will provide a drainage easement on his property in
exchange for an access easement through the AC Self - Storage facility's commercial entrance.
A member of the Commission pointed out the unsightly appearance of the property because it
contained junk and equipment. Mr. Elvira stated his intentions to clean up and organize the site with the approval
of the CUP.
Vice Chairman Thomas called for public comments and the following person came forward to
speak:
Mrs. Marie Evans, adjoining property owner at 170 Harrison Lane, stated that she was property
owner referred to by Mr. Artz, who was experiencing the water runoff problems. Mrs. Evans described to the
Commission the severe water runoff problems she has been experiencing since construction began at the AC Self -
Storage facility site, approximately one year ago. She said that the runoff has saturated her property and her
family's horses get stuck in the mud.
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No other citizen was present to speak and Vice Chairman Thomas closed the public comment
• portion of the meeting.
In order to ensure that storm water management issues and access right -of -ways were properly
resolved, the Planning Commission recommended an additional condition requiring the approval of a minor site
plan. They also recommended a condition to address the unsightly appearance of the property.
Upon motion made by Commissioner Morris and seconded by Commissioner Rosenberry,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 417-04 of Edwin and Zucely Elvira, submitted by Artz & Associates, for a
landscaping business at 225 Caldwell Lane (Rt. 717) with the following conditions:
I. All review agency comments and requirements shall be complied with at all times.
2. No more than ten employees and nine business vehicles/ equipment shall be allowed on site as a part of this
conditional use permit.
3. No sale of nursery stock will be allowed on site.
4. A six foot opaque fence shall be constructed to screen this use from residential uses to the east.
5. Any expansion or modification of facilities will require a new conditional use permit.
6. A minor site plan addressing the access right -of -ways and storm water management issues must be approved
• prior to operation of the business.
7. Any existing zoning violations must be removed prior to the operation of the business.
(Please note: Chairman DeHaven abstained; Conunissioner Triplett was absent from the meeting.)
Chairman DeHaven resumed the chair at this point in the meeting.
Conditional Use Permit 908 -04 of Walter and Taeko Floyd for an addition to an existing Bed and
Breakfast. The property, zoned RA (Rural Areas), is located at 6238 Wardensville Grade (Rt.608) and
identified with P.I.N. 69 -A -44A in the Back Creek Magisterial District.
Action - Recommended Approval with Conditions
Planner Mark R. Cheran reported that this application will expand Conditional Use Permit
(CUP) #11 -01, an existing bed and breakfast use approved by the Board of Supervisors on October 11, 2001.
Planner Cheran stated that the applicant is requesting to add two more guest rooms and a meeting room to the
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existing bed and breakfast use; the total number of guests allowed will be no more than 14 at any one time. In
addition, the meeting/ conference room will have no more than 25 people at any one time.
• Planner Cheran continued, stating that the closest residential dwelling is 50 feet from the
proposed bed and breakfast. He next read a list of recommended conditions, should the Commission find the use
to be appropriate.
Board Liaison, Ms. Barbara Van Osten, referred to a reference in the staff report that the
Frederick County Zoning Ordinance does not specifically address a bed and breakfast operation. Ms. Osten
inquired why it was not addressed and if there was a need to specifically address the use in light of the ongoing
Rural Areas Study and the intent of Frederick County to encourage this type of business. Planner Cheran replied
that the use will more than likely be included in the code as part of the Rural Area Economy portion of the Rural
Areas Study.
Chairman DeHaven called for public comments, however, no one came forward to speak.
Mr. and Mrs. Walter Floyd, the applicants, were present at the meeting.
Commissioner s commented that the property was a beautiful site and the use was an asset to
Frederick County.
Commissioner Kriz stated that he was pleased to see an expansion of bed and breakfasts in the
County; he was also pleased that there would be an alternative place for people to meet besides a motel
environment. In addition, Commissioner Kriz commented that during a workshop last September, it was reported
that 20% of the tourism dollars in the State of Virginia come from bed and breakfasts. He hoped this would
encourage others to start bed and breakfasts.
i Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour,
•
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 408 -04 of Walter and Taeko Floyd for an addition to an existing Bed and
Breakfast at 6238 Wardensville Grade (Rt. 608), with the following conditions:
1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and
complied with at all times.
2. No more than 14 guests at any one time allowed.
3. No more than 25 people allowed for a meeting or conference.
4. Any expansion or modification shall require approval of a new conditional use permit with an approved site
plan.
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M
PUBLIC MEETING
• Master Development Plan 008 -04 of The Townes at Mosby Station, submitted by William H. Gordon
Associates, Inc., for 17 townhouses: The property is located on the north side of Tasker Road (Rt.642),
1,300 feet east of the intersection of Tasker Road and Aylor Road and is identified with P.I.N.75M -2 -B-
8A in the Shawnee Magisterial District.
Action — Recommended Denial
Eric R. Lawrence, Planning Director, reported that this master development plan (MDP) was
presented to the Commission on July 7, 2004 and the Planning Commission had recommended denial of the
entrance waiver request and subsequently the MDP itself. Director Lawrence said that since that time, the
applicant has relocated the entrance to align with Spanish Oaks Drive and will be addressing the Parks &
Recreation Department's request for a ten -foot bicycle path along Tasker Road. Director Lawrence added that the
proposed project does address the intent of the MDP process, the zoning ordinance, and other agency comments.
Commissioner Morris inquired if the Parks & Recreation Department's request for a ten -foot
bicycle path was in conflict with what is required in the Zoning Ordinance. Director Lawrence replied that the
Parks & Recreation Department is attempting to follow Federal guidelines for the width of bicycle paths;
however, it is not a zoning ordinance requirement at this time. Board Liaison, Barbara Van Osten, inquired if
there was an attempt being made by Frederick County to align the county standards with the Federal standards.
Director Lawrence said that the staffs of the Planning Department and the Parks & Recreation Department are
currently working on a county-wide bicycle plan for the Urban Development Area which will be incorporated
within the Comprehensive Policy Plan. Director Lawrence added that guidelines for pavement widths will be
included within the plan.
40 Mr. Claus Bader with William H. Gordon Associates, Inc., the design comparry representing the
applicant, AMB Builders, LLC, came forward to introduce himself and one of the property owners, Mr. Brian
Martin. Mr. Bader also introduced Mr. Mike Vita and Mr. Ron Daniels from Globe, USA, the builders. In order
show the quality of the towmhouses, Mr. Bader presented the Commission with a booklet of photographs of a
similar project. Mr. Bader explained that the three -level townhouses will consist of 2,100 square feet with 3 '/2
bathrooms and a garage on the first level.
Chairman DeHaven called for public comments and the following persons came forward to speak
in opposition to project:
Mr. Matt LeBlanc, adjoining property owner at 1232 Macedonia Church Road, did not believe
townhouses would be compatible with the existing single- family neighborhood; he believed the three -level
structures would tower over the existing single family homes, both with their height and appearance. Mr.
LeBlanc said these townhouses would be neither harmonious nor suitable.
Mr. Wesley Dobbs, adjoining property owner at 1226 Macedonia Church Road, also raised the
issue of incompatibility with his adjoining single- family neighborhood. He thought a more suitable location for
townhouses would be within a townhouse development, similar to those in other areas of Frederick County. Mr.
Dobbs expressed concern about how 2'/2 acres would accommodate three structures, paving, and a bike trail; he
was concerned about the affect on drainage and the possible future widening of Tasker Road.
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Ms. Shannon Mantel, a resident on Lot 2, was concerned about the safety of children residing in
• the proposed townhouses with Tasker Road being so close. As with the previous neighbors who spoke, Ms.
Mantel did not think townhouses would St -in with the existing single - family neighborhood. She also believed the
property was too small an area to place all of the people who would reside in the townhouses.
Mr. Rodney Butler, adjoining property owner, was primarily concerned with the height of the
units. Mr. Butler did not believe the appearance of three -story structures would be harmonious or acceptable with
the existing neighborhood.
Mr. Brad Frazier, adjoining property owner on Lot 3, expressed his concern about the lack of
sight distance for vehicles exiting the development onto Tasker Road. Mr. Frazier stated that he was a police
officer in the Northern Virginia area and worked traffic accidents daily. Considering the access was on a curved
section of Tasker Road, combined with the speed of oncoming vehicles, he predicted there would be numerous
traffic accidents. Mr. Frazier was also concerned that emergency vehicles would not be able to turn around once
inside the townhouse project.
Mrs. Brad Frazier, adjoining property owner on Lot 3, was concerned how the appearance of the
townhouses would affect her quality of life. Mrs. Frazier believed this was too high a density to place on a two -
and- one - half -acre lot. She also spoke about how congested Tasker Road was and the speed of vehicles traveling
on Tasker Road.
No other citizens wished to speak and Chairman DeHaven closed the public comments portion of
the meeting.
Mr. Bader returned to the podium to address some of the comments that were made. Mr. Bader
• said that within approximately 1,500 feet of this project, within the Wakeland Manor subdivision, there will be
214 townhouses constructed. He said there will be a standard neighborhood mix of singles, duplexes, multiplex,
and townhouses. Mr. Bader added that erosion and sediment control and storm water management issues will
have to be addressed before the construction can begin. He further added that there is an existing 100 -foot buffer
along the rear of the property, between the townhouses and the adjoining single - family dwellings, which will have
a six -foot opaque fence and landscaping. In conclusion, he said that the fire marshal approved of their plan and
the entrance will meet all VDOT requirements.
Commission members asked for the distance between the existing single - family homes and the
proposed townhouses. Mr. Bader said that the adjoining single- family subdivision was platted with a 75 -foot
building restriction line and the subject parcel has a 25 -foot building restriction line.
There were members of the Commission who believed the proposed 2'/: -acre property, developed
with three 35 -foot townhouse structures, would not be harmonious within hundreds of acres of single - family
homes. They recognized the importance of townhouses as a residential solution, but believed it needed to be done
in conformance with the surrounding area. Traffic concerns were also an issue. An opposing view was voiced by
other members of the Commission. They pointed out that the property was zoned RP (Residential Performance)
and townhouses were a permitted use within that zoning district. They also noted that the Commission had set
certain conditions before the applicant during the previous review of this master plan and the applicant has now
met those conditions.
Commissioner Fisher pointed out that there were some RP issues dealing with buffers and
setbacks in the zoning ordinance that the Planning Commission needed to address in the near future.
• Fredrick County Planning Commission Page 1380
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Upon motion made by Commissioner Thomas and seconded by Commissioner Ours,
• BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Master
Development Plan #08 -04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc.,
for 17 townhouses on property located at the north side of Tasker Road (Rt. 642), based on the projects'
incompatibility with the character of the surrounding area.
The majority vote for denial was:
YES (TO DENY) Straub, Gochenour, Watt, Light, Thomas, Ours, Rosenberry
NO: Unger Morris, DeHaven, Kriz, Fisher
(Please note: Commissioner Triplett was absent from the meeting.)
ADJOURNMENT
•
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 8:35 p.m.
Respectfully submitted,
DeHaven, Jr., Chairman
Eric �. Lawrence, Secretary
•
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Minutes of September 1, 2004
Page 1381