PC_03-21-01_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 March 21, 2001.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger,
Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz,
Gainesboro District; Charles E. Triplett, Gainesboro District; Robert A. Morris, Shawnee District; Gene E.
Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vince DiBenedetto, Winchester City Liaison and
Jay Cook, Legal Counsel.
STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick
T. Davenport, Zoning and Subdivision Administrator; Jeremy F. Camp, Planner II; and Renee' S. Arlotta,
Clerk.
CALL TO ORDER
9 ' Chairman DeHaven called the meeting to order at 7:00 p.m.
INTRODUCTION OF MR. CORDELL WATT, BACK CREEK DISTRICT REPRESENTATIVE
AND MR. CHARLES E. TRIPLETT, GAINESBORO DISTRICT REPRESENTATIVE
Chairman DeHaven introduced the two newly- appointed planning commissioners, Mr. Cordell
Watt, representing the Back Creek District and Mr. Charles E. Triplett, representing the Gainesboro District.
These newly appointed members replaced two retiring commissioners.
MEETING MINUTES - FEBRUARY 7. 2001
Upon motion made by Mr. Kriz and seconded by Mr. Light, the minutes of February 7, 2001
were unanimously approved as presented.
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Frederick County Planning Commission lz
Minutes of March 21, 2001 Page 639
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• COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 03/13/01 Mtg.
Mr. Thomas reported that the DRRS had discussions regarding the development of a medical -
type zoning area w,d the requirements that may be needed.
Comprehensive Plans & Programs Subcommittee (CPPS) - 03/12/01 Mtg.
Mr. Light reported that the CPPS discussed the groundwork for the future of the Land Use
Plan, the PDR (Purchase of Development Rights) Program, and community involvement and participation in
both.
Historic Resources Advisory Board (HRAB) - 03/20/01 Mtg.
Mr. Morris reported that the HRAB reviewed a request on behalf ofthe Winchester Equipment
Company to rezone approximately 23 %2 acres from RA (Rural Areas) to B3 (Industrial Transition), located
on Route 522 North. Mr. Morris said that a portion of the land is located in an area identified as a Phase 6
area of the Second Battle of Winchester, as described in the National Parks Service Study of 1992.
0
Sanitation Authority (SA) - 03/20/01 Mtg.
Mr. Fisher reported that the SA has received bids for the northern water treatment plant, a
three- million gallon storage tank, and a transmission line. He said that the SA reported that the County's
capacity for water is good up until the Year 2015, however, they are looking at four additional wells for the
development of increased water capacity.
Winchester Planning Commission (WPC) - 03/20/01 Mtg.
Mr. Di$enedetto reported that the WPC discussed a proposed rezoning of five acres on
Amherst Street for the relocation of the Winchester Surgical Clinic; held a retreat at the end of February with
discussions that included downtown issues and some text amendments, which included a sunset provision for
CUPS; will soon begin work on a corridor overlay project for the major roads coming into and going out of the
City.
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Frederick County Planning Commission
Minutes of March 21, 2001 Page 64C
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• PUBLIC HEARINGS
Rezoning 901 -01 of Southern Hills (continued from February 21, 2001), submitted by G. W. Clifford &
Associates, Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential
Performance) to establish 250 single - family residential lots. This property is located south of Stephens
City, east of Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Town Run Lane
(Rt. 1012), and is identified with P.I.N. 85 -A -138 in the Opequon Magisterial District.
Action - Tabled for 30 Days
Mr. Evan A. Wyatt, Planning Director, recapped the information that was given at the
previous meetings regarding impacts associated with this rezoning request. Mr. Wyatt stated the primary issue
at the February 21 meeting centered around transportation and traffic impacts, primarily, the inadequacies of
the traffic signal at Town Run Lane to facilitate left -hand turn movements and the lack of current infrastructure
for the road system. He also pointed out the acknowledgment of several road improvement projects which are
on the books to improve the level of service in this area; however, none of those projects have come to fruition
and in some instances, are not even on VDOT's funding list. With this information, Mr. Wyatt recalled that
the Commission was hesitant to move forward without the benefit of a detailed traffic impact analysis statement
and the rezoning application was tabled. He said that the Commission requested a Warrant Analysis for traffic
signalization and a Level of Service Analysis for the road systems to determine if the submitted proffer
statement adequately mitigated the impacts. Mr. Wyatt said that it was his understanding from Mr. Maddox,
the applicant's representative, that the commissioners received a summary package of the traffic impact
analysis and a revised proffer statement on Monday. He noted that the proffer is identical to t}ie previous one,
• except there is an addition of #8, which is a contribution of $25,000.00 for construction funding for VDOT's
traffic light implementation project at Stickley Drive and Route 277. Mr. Wyatt stated that by this proffer,
the developer has committed financially to participate in a signalization effort at such a time when VDOT
installs the traffic signal.
Mr. Wyatt introduced Mr. Jerry Copp and Mr. Steven Melnikoff of the Department of
Transportation and stated that they were in receipt of the summary information of the Impact Analysis
Statement as well as the complete booklet. He said that Mr. Copp and Mr. Melnikoff have forwarded the
traffic information to their transportation traffic engineering division in Staunton; therefore, at this time, there
is no formalized comment from VDOT.
Mr. Charles W. Maddox with Gilbert W. Clifford & Associates, Inc., the design engineers for
the project, came forward and introduced himself and Mr. John Callow of Patton, Harris, & Rust, the
transportation engineer who prepared the traffic impact analysis for the applicant. Mr. Maddox said that the
traffic analysis has indicated that the traffic generation from the proposed 250 -lot development is small
compared to the overall traffic issues associated with the Rt. 277 corridor. He said that they have provided
the transportation study, they have provided a revised proffer, and have participated in their fair share of
mitigating the impacts.
Discussion ensued regarding possible scenarios that would occur (at Rt. 277/ Stickley Drive
and Town Run Lane) if VDOT's scheduled improvements for Rt. 277 fell behind the applicant's proposed
project build -out. A discussion next ensued about the concerns of the various reviewing agencies regarding
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Frederick County Planning Commission
Minutes of March 21, 2001 Page 641
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this project's development and Mr. Maddox stated that the applicant has met the County's impact model in
• policy. He proceeded to explain each of the reviewing agencies comments and the proffer they have offered
to mitigate that impact.
VDOT's Resident Engineer, Mr. Jerry Copp, came forward to answer questions from the
Commission. Mr. Copp explained that although the applicant has had professionals prepare the traffic impact
analysis, VDOT has not had an opportunity to review and study the work and make comments.
Mr. Thomas requested that Mr. Copp address in his report: 1) the safety problems expected
turning west on Stickley Drive without a traffic light and how the safety impacts will be mitigated; and, 2) the
effect on the efficiency of traffic traveling east, coming across the intersection.
speak:
Chairman DeHaven called for public comments and the following person came forward to
Mr. Donald W. Luttrell, resident of the Ridgefield Subdivision in the Opequon District,
believed that if this rezoning was approved, it would open up additional area for development, it would have
an effect on taxes, and it was not in the best interests of the citizens of Frederick County.
Ms. Sandra Rittenour, a neighbor of the proposed subdivision, residing on a private road that
enters onto Town Run Lane, said she spoke at the previous public hearings. Ms. Rittenour raised the issue of
the two schools on Aylor Road and was concerned about how the buses would enter and leave the schools after
Warrior Drive is constructed. She assumed the buses would continue to come out Aylor Road onto Rt. 277
and she wasn't convinced that Warrior Drive would alleviate the impacts at Town Run Lane. She also
• commented that children from the proposed subdivision would most likely be playing in the surrounding farm
land, in the hayfields and among the cattle, because of the lack of adequate open space within the subdivision.
She said that much of the open space in the proposed development is steep and she would like to see some
changes there.
Mr. Maddox returned to the podium and pointed out that the traffic plan predicts that traffic
on Aylor Road will drop dramatically because Warrior Drive will provide a new access and away for traffic
in the Tasker Road area to access Rt. 277, especially the high school. He said the study estimates a traffic
decline from 11,000 to 6,000 trips per day, which will improve functioning of that intersection.
Members of the Commission were interested in hearing VDOT's comments regarding the
traffic impact analysis submitted by the applicant before they made a final decision on the rezoning. Because
VDOT had not yet had an opportunity to do that, they moved to table the application.
Egon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby table, by unanimous vote,
Rezoning Application #01 -01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc., to rezone a
105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance), to establish 250 single - family
residential lots, in order to give VDOT the opportunity to review and make comments on the traffic impact
analysis that was submitted by the applicant.
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Frederick County Planning Commission
Minutes of March 21, 2001 Page 642
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•
Proposal to Establish the Crooked Run Regional Water and Sewer Service Area to include all parcels
within the Sher.•nrdoah Master Development Plan and all parcels on the south side of Fairfax Pike (Rt.
277) between the Shenandoah development and the Clarke County Line.
Action - Forwarded to CPPS for Further Study
Mr. Evan A. Wyatt, Planning Director, stated that this request was initially made by the
developer of the Shenandoah project, to establish what is referred to as a Regional Sewer Service Area
Boundary, to the Frederick County Sanitation Authority (FCSA) because the FCSA would ultimately assume
responsibility for the maintenance of the wastewater treatment plant. Mr. Wyatt said that as a result of that
request, the FCSA has requested guidance from the Board of Supervisors regarding the appropriateness of
providing sewer service within the proposed Crooked Run Regional Sewer Service Area ( CRRSSA). Mr.
Wyatt explained that the CRRSSA encompasses approximately 1,410 acres of land, of which approximately
1,170 acres within Frederick County and approximately 240 acres lies within Clarke County; the acreage
within Frederick County includes the Shenandoah development, Sandy's Mobile Home Park, and the additional
land on the south side of Fairfax Pike (Rt. 277); the land within Clarke County includes Double Tollgate and
Camp 7 State Correction Facility.
Mr. Wyatt continued, explaining that the proposed wastewater reclamation facility will have
an ultimate design capacity of 625,000 gallons per day (gpd) and as a result, would have excess capacity that
the Shenandoah project would not need. He said that the applicant has proposed a concept which would allow
• for service of land outside of Shenandoah in both Frederick (240 total acres) and Clarke counties. Mr. Wyatt
believed that in order for FCSA to allow for a Regional Sewer Service Area Boundary, a modification to the
Comprehensive Plan would be required. Mr. Wyatt said that the Comprehensive Plans & Programs
Subcommittee (CPPS) discussed this request in February and he proceeded to go over the highlights of that
discussion. I
Mr. Chuck Johnston, Clarke County's Director of Planning and Development, stated that
Clarke County is pleased that FCSA is willing to support their area and hopes the Frederick County Planning
Commission will also support the concept; however, Clarke County does have issues aboutl expanding the
sewer service area at this point in time, until their Board of Supervisors has decided whetherito amend their
Comprehensive Plan and rezone properties as anticipated. Specifically, Mr. Johnston stated that there is
interest in promoting community development at the intersection, however, they were not in alposition today
of stating support for the sewer service area to include the strip between Rt. 522 and the County line, as the
use is not currently allowed in their Comprehensive Plan and the zoning is not yet in place.
speak:
Chairman DeHaven called for public comments and the following person came forward to
Mr. Donald W. Luttrell, a resident of the Ridgefield Subdivision in the Opequon District,
asked if the sewer and water facility at Shenandoah will be self - sustaining or will the cost of maintenance/
expansion of the facility will be placed on other residents of Frederick County. Mr. Luttrell also inquired if
the FCSA was shortchanging residents in Shawneeland and the Summit by accepting this treatment facility.
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Frederick County Planning Commission
Minutes of March 21, 2001 Page 643
Chairman DeHaven believed it would be ideal if Frederick County could assist an adjoining
• jurisdiction by supplying service to an area designated for growth, or if failing septic systems in this area could
be eliminated, or if assistance for the Camp 7 situation could be supplied; however, he pointed out that he did
not see anything in the proposed agreement between the FCSA and the developer that would give Frederick
County any input into the allocation of the capacity of the plant, even though FCSA would own and operate
the plant. In addition, Chairman DeHaven did not know if it would be possible to single out the designated area
that Clarke County has established as being appropriate to serve. Chairman DeHaven was not in favor of the
concept because it was proposed to be consummated by a contract with very different terns than what
Frederick County has used in the past.
Mr. Fisher pointed out the potential impact on the 240 acres; specifically, if the 240 acres was
rezoned to a higher density, would there be capacity available to serve the area.
Mr. Morris did not see any problems with designating a regional service area for the FCSA
to administer and especially in light of the possibility of eliminating the failing septic systems in Sandy's Trailer
Court. Mr. Morris moved to recommend to the Board the approval of the boundaries as defined. Mr. Morris'
motion died, however, due to a lack of a second to his motion.
Commission members pointed out that the proposed CRRSSA would be outside of the
County's Comprehensive Plan Sewer and Water Service Area. Mr. Thomas moved that the request be sent
back to the CPPS to review the issues associated with the areas outside of the R5 boundary. This motion was
seconded by Mr. Wilson.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to refer
® the Crooked Run Regional Sewer Service Area Boundary request back to CPPS for further clarification and
definition.
DISCUSSION ITEMS
i
Presentation of the general site development plan for the new County high school located on the north
side of Berryville Pike (Rt. 7), adjacent to Redbud Run Elementary School. j
Mr. Evan A. Wyatt, Planning Director, stated that the public school administration has
retained the services of Oliver, Webb, Pappas & Rhuddy to develop a site development plan for the County's
third high school, located off of Berryville Pike (Rt. 7), adjacent to the Redbud Run Elementary School. Mr.
Wyatt said that a representative of Oliver, Webb, Pappas & Rhuddy and school administration officials were
available to present the general site development plan to the Commission for information and discussion.
Dr. William C. Dean, Superintendent of Frederick County Public Schools, Mr. Al Omdorft;
Administrative Assistant to the Superintendent of Schools, and Mr. Philip Pappas of Oliver, Webb, Pappas
& Rhuddy presented the site development plan and answered a variety of questions from the Commission.
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Frederick County Planning Commission
Minutes of Marc'! 21, 2001 Page 644
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Mr. Thomas asked about the inclusion of an indoor swimming pool for physical education and
• year -round use by school students and all County residents. Mr. Thomas pointed out that there are two County
swim teams that are dependent on the City for use of their pool. He said that, eventually, the County may lose
a sports program if a facility is not soon constructed for use by the students and, in addition, it will also be a
facility that could be used by all County residents year- round. Mr. Thomas pointed out that the plans as
drawn preclude an indoor pool from ever being added.
Mr. Pappas said that he was not given direction to design an indoor pool for the facility. Dr.
Dean stated that neither the School Board nor the Board of Supervisors requested that an indoor pool be
planned and he estimated the cost for such a facility at $3,000,000. Dr. Dean pointed out an area on the
property that could be used for a free - standing pool in the future, if the Board chose to add one.
Upon motion made by Mr. Ours and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously grant the staff
administrative approval authority to review and approve the site development plan for the new county high
school to be located on the north side of Berryville Pike (Rt. 7), adjacent to Redbud Run Elementary School.
DISCUSSION ON THE PLANNING COMMISSION RETREAT WHITE PAPER
Mr. Evan A. Wyatt, Planning Director, presented a summary of the issues identified by
• participants at the 2001 Planning Commission Retreat and tables providing the ranking of various long -range
and current planning program projects. The staff and the Commission reviewed and discussed the information
to ensure that the subcommittees were proceeding in the appropriate direction regarding these issues.
Mr. Wyatt also spoke with the Commission about the educational opportunities that could
be potentially provided by VDOT and the Sanitation Authority.
AUTHORITY
Chairman DeHaven appointed Mr. Gene Fisher as the new Planning Commission liaison to
the Frederick County Sanitation Authority.
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Frederick County Planning Commission
Minutcs of March 21, 200I Page 64-
9 M.
• ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 10:20 p.m. by
unanimous vote.
Respectfully submitted,
�. �4t� -
Evan A. W att, Secrets
e. stn �. L(Sa_._._ ) -.
Charles S. DeHaven, Jr., Chairman tV
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Frederick County Planning Commission
Minutes of March 21, 2001 Page 646