PC_11-03-04_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 November 3, 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; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro
District; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and
Lawrence R. Ambrogi, Legal Counsel.
ABSENT: William C. Rosenberry, Shawnee District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Susan K. Eddy, Senior Planner; Mark R Cheran,
Zoning Administrator; and Renee' S. Arlotta, Clerk.
• CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes
of October 6, 2004 were unanimously approved as presented.
COMMITTEE REPORTS
Develooment Review & Reeulations Subcommittee (DRRS) — 10/21/04 Mtg.
Commissioner Unger reported that the DRRS discussed at great length possible changes to the
ordinance regarding flex tech. He said that this discussion was initiated by a request from Mr. John Lewis of
Painter - Lewis, P.L.C. Commissioner Unger said that a totally satisfactory solution was not reached and the
DRRS mill be forwarding that discussion to the Commission for its input.
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Comprehensive Plans & Programs Subcommittee (CPPS)
Commissioner Light reported that the CPPS is conducting the stakeholder and public input
meetings for the Rural Areas Study. He reported that the CPPS will meet with the Top of Virginia Building
Association on Thursday, November 4, and public comment sessions are scheduled for Tuesday, November 9, at
Stonewall Elementary School, Monday, November 15, at Frederick County Middle School, and Tuesday,
November 16, at Indian Hollow Elementary School. Commissioner Light added that the CPPS will also meet
next week to discuss the Capital Improvements Plan.
PUBLIC HEARING
Request submitted by Patton, Harris, Rust & Associates, Inc. to include approximately 178 acres of land
into the Sewer and Water Service Area (SWSA). The properties are located on the west side of Front
Royal Pike (Rt. 522), south of Tasker Road, adjacent to the Eastgate Commerce Center. The subject
properties are identified by P.I.N.s 76 -A -42, 76 -A -53, 76- A -53G, 87 -A -31, 87 -A -34, 87- A -34B, 87 -A-
34A,87-A- 35,87 -A -36, 87 -A -37, 76- A -53E, 76- A- 53F,76- A -53A, and 76 -A-48A in the Shawnee Magisterial
District.
• Action — Recommended Approval
Senior Planner, Susan K Eddy, reported that the application before the Commission is a
Comprehensive Policy Plan amendment request to expand the Sewer and Water Service Area (SWSA) by
approximately 178 acres. She said the subject parcels are in a number of zoning districts including Ml, B3, B2,
which are in industrial and business uses, and a few parcels are zoned RA and are in agricultural use. She said
that none of the parcels are included in any of the small study area land use plans included in the Frederick County
Comprehensive Policy Plan. Planner Eddy explained that the Frederick County Sanitation Authority (FCSA)
already serves much of this area and has indicated they would be able to serve the subject parcels with public
water and sewer.
Planner Eddy commented that the applicant has indicated that he would be seeking a rezoning to
business use for the properties east of the Eastgate Commerce Center and west of Front Royal Pike (Rt. 522).
She advised that entrances to the subject properties east of the Eastgate Commerce Center should not be located
on Front Royal Pike (Rt. 522), but access to the subject sites should be from Maranto Manor Drive, which
currently accesses the Home Depot site.
Planner Eddy continued, recalling that when this application was considered as a discussion item,
the applicant had identified a different SWSA boundary than the staff. She said the staff was not able to find a
record that the SWSA boundary had been expanded to include the Home Depot site and the entire Eastgate
Commerce Center, however, the staff is aware that some of this area is already served by sewer and water. She
said the staff is proposing a slightly different boundary line and includes the parcels requested by the applicant to
remove any uncertainty of the SWSA boundaries.
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• In conclusion, Planner Eddy stated that the CPPS (Comprehensive Plans & Programs
Subcommittee) considered this request at their meeting of September 13, 2004, and was generally supportive of
the SWSA request and the staffs suggestion to expand it to other properties to remove the uncertainty of the
SWSA line. In addition, she said the Planning Commission considered the request as a discussion item on
October 6, 2004, and the Board of Supervisors considered the request as a discussion item on October 12, 2004.
She said that both bodies were in support of the applicant's request as well as the staff's recommendation to
expand the request to adjacent properties to remove the uncertainty of the SWSA line.
Mr. Charles E. Maddox, Jr., P.E. of Patton, Harris, Rust & Associates, P.C. was present to
represent the owner and the developers of the Eastgate project for this SWSA expansion request. Mr. Maddox
stated that the origin of this project was in the 1980s with the build -up of industrial development in the Warren
County area along Rt. 522. Mr. Maddox recalled that Frederick County acknowledged at that time their desire to
be in on the potential utilization of the Inland Port facility in Warren County and the Eastgate property was a
good location. Mr. Maddox said that later on, Tasker Road was planned through this site and the developers
helped with the financial backing to provide the road.
Mr. Maddox continued, stating that the road that provides industrial access to the Home Depot
Distribution Warehouse Facility goes through the RA -zoned portion of the property and forms an industrial -
commercial comer with Rt. 522, which is a major signalized intersection in Frederick County. Mr. Maddox
explained that they are seeking action on this SWSA expansion in order to properly file a rezoning request for
property on sewer and water.
Chairman DeHaven called for citizen comment; however, no one came forward to speak.
Commissioner Thomas stated that he was a member of the Commission when the Eastgate
commercial area was rezoned and it was certainly the Commission's intent at that time for this entire property to
be included within the SWSA; therefore, he made a motion to recommend approval. This motion was seconded
by Commissioner Kriz and was unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the request submitted by Patton, Harris, Rust & Associates to include approximately 178 acres of
land, located on the west side of Front Royal Pike (Rt. 522), south of Tasker Road, adjacent to the Eastgate
Commerce Center, into Frederick County's Sewer and Water Service Area (SWSA).
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, SECTION 165 -50, TO INCLUDE
LOCAL GOVERNMENT SERVICES OFFICE USE IN THE RA (RURAL AREAS) ZONING
DISTRICT.
Action — Recommended Approval
Zoning Administrator, Mark R Cheran, stated that the Development Review & Regulations
Subcommittee (DRRS) discussed adding local government services office use a permitted use in the RA Zoning
District at their meeting of September 23, 2004. Administrator Cheran stated that Section 165 -50 of the
Frederick County Zoning Ordinance currently allows schools, post offices, fire and rescue stations, and public
• utilities. He explained that local government services offices would be owned, leased, or operated by Frederick
Fredrick County Planning Commission Page
Minutes of November 3, 2004
County for services to the public in general. He added that both the Planning Commission and the Board of
• Supervisors discussed this amendment and both bodies were in support of adding the definition of local
government services office to the ordinance and including local government services office use within Section
165 -50 of the Frederick County Zoning Ordinance.
Commission.
Chairman DeHaven called for public comment; however, no one came forward to address the
No issues were raised by the Commission and they believed the amendment to be appropriate.
Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Section 165 -50, to include local government
services office use in the RA (Rural Areas) Zoning District.
OTHER
PRESENTATION ON FREDERICK COUNTY'S RURAL AREAS STUDY
Senior Planner, Susan K. Eddy, gave the Planning Commission a shortened version of the Rural
Areas Study presentation that she normally provides at the public comment sessions for the rural areas study.
• She said that approximately one year ago the Board of Supervisors requested that the Comprehensive Plans &
Programs Subcommittee (CPPS) begin a study of the rural areas. She reported a variety of reasons for doing the
study, including facts that 30% of all new housing in Frederick County is in the rural area; there has been a
decline in agriculture; there has been a loss of open space; there has been pressure from new development on rural
roads, and there have been impacts of new residential development on public facilities. Planner Eddy said that
ultimately, the end product of the study will be new policies for the rural area in the Comprehensive Policy Plan.
Planner Eddy next proceeded with her presentation, describing the three separate land development options
proposed along with proposed densities.
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ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 7:35 p.m.
Respectfully submitted,
DeHaven, Jr., Chairman
Secretary
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