PC_11-07-01_Meeting_MinutesPr
MEETING 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 7, 2001.
PRESENT: Charles S. DeHaven, Jr., Chaitman/Stonewall District; Roger L. Thomas, Vice Chairman/
OpequonDistrict; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Richard C.
Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A.
Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A.
Reyes, Board Liaison; and Jay Cook, Legal Counsel.
STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director;
Patrick Davenport, Zoning & Subdivision Administrator; Rebecca Ragsdale, Planner I; Jeremy Camp, Planner
II; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - SEPTEMBER 5, 2001 AND OCTOBER 3 2001
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes
of September 5, 2001 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
minutes of October 3, 2001 were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Re2ulations Subcommittee (DRRS) - 10/25/01 Mtg.
Commissioner Unger reported that the DRRS discussed the zoning ordinance as it pertained
to loading spaces and whether or not curb and gutter should be required in those areas. He said that
subdivision designs and procedures were also discussed.
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Frederick County. Planning Commission
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® Historic Resources Advisory Board (HRAB) - 10 /16101 Mtg.
Commissioner Morris reported that the HRAB reviewed the application for Jordan Springs
to rezone some RA property to B2 with a Historic District Overlay area.
Economic Development Commission (EDC) - 11/02101 Mtg.
Commissioner Thomas reported that the EDC discussed their future direction and strategy
for attracting business and industry to the area.
Sanitation Authority (SA) - 10/16/01 Mtg.
Commissioner Fisher said that the SA received a report from Director Wellington Jones who
reported an increase in the purchase of water from the City of Winchester due to the low water, levels in the
quarries as a- result ,oflow rainfall. Flow. rates at the Parkins Mill. Plant were also reported. Inconsideration
of the VDOT rest area projects, the SA reported progress towards obtaining contracts for lines to be run to the
rest areas; and finally, a presentation was given of the Fiscal Year 2001 Audit.
PUBLIC HEARINGS
Continuation or Revocation of Conditional Use Permit 901 -01 of Mr. S. Blaine Wilson and Mr. Keith
A. Wilson for a Shale Mining Operation. The properties are located at 881 W. Parkins Mill Road and
identified with P.I.N. 76 -A -137 and 76- A -137A in the Shawnee Magisterial District.
Action - Recommended Continuation with Amendment to Conditions
Chairman DeHaven stated that he would abstain from all discussion and voting on this item
due to a possible conflict of interest. Chairman DeHaven turned the conduction of the meeting over to Vice
Chairman Thomas.
Planning Director Evan A. Wyatt stated that the Frederick County Board of Supervisors
approved Conditional Use Permit (CUP) 401 -01 for S. Blaine Wilson and Keith A. Wilson on July 11, 2001
to allow for a shale mining operation with conditions. Director Wyatt reported that staff had received
numerous telephone calls between the dates of October 5, 2001 and October 16, 2001 from citizens within the
proximity of the shale mining operation to file formal complaints against the Wilson Shale Mining Operation.
He said the.complaints.pertained to the alleged violation of Condition #3 which prohibited commercial mining
operations until an approved VDOT entrance was constructed by the applicants. Director Wyatt reported that
Frederick County Planning Commission
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staff conducted three site inspections on October 9, 2001, October 12, 2001, and October 16, 2001, and
substantiated the complaints by observing trucks hauling shale leaving the Wilson property and proceeding
eastemly along Airport Road (Rt. 645) to Millwood Pike (Rt. 50 West).
Director Wyatt continued, by identifying the minimum entrance standards required by VDOT
for this application. Director Wyatt also presented three options that were available to the Commission in the
consideration of this issue and in their recommendation to the Board.
Mr. Ty Lawson, attorney representing the Wilsons, stated that they are trying to maintain this
temporary mining operation that has been ongoing for approximately 14+ years without any incident or
reported accident. Mr. Lawson stated that there have been numerous ongoing discussions with representatives
of VDOT and at least two civil engineering firms regarding ways to fashion an acceptable VDOT commercial
entrance. Mr. Lawson also pointed out that the issue as to whether this is a legally nonconforming use, as
approved by the County in 1987, needs to be resolved and a hearing before Judge Prosser is scheduled for
December 13, 2001. He said the Court's decision may have a significant impact on any decisions made by the
Commission this evening.
Mr. Steve Melnikoff of VDOT stated that he spoke with two engineering firms regarding the
possibilities and requirements for Mr: Wilson's commercial entrance however, at this time he has not received
any real plans,on paper that he could officially comment on.
Vice Chairman Thomas called for public comments and the following-persons came forward
to speak: ...
Ms. Tammy Symons of 1937 Airport Road asked that the Commission revoke the Wilson's
CUP. She was primarily,concemed with the neighborhood children's safety, especially while boarding and
exiting school buses. Ms. Simons said the road is too narrow for trucks; she said that one school bus driver
reported being.run off the road by one of the trucks. Ms. Simons believed it was not likely that Mr. Wilson
would get an- approved VDOT entrance because he did not have sufficient sight distance and the adjoining
property owner will not donate the right -of -way.
Mr. Nick Turner of 1810 Airport Road stated that access to the shale pit runs directly through
his,property and this is where the VDOT entrance needs to be constructed. Mr. Turner believed the Wilson's
CUP should be revoked. Mr. Turner requested, however, that if the permit continues, that the conditions
include hours of operation. He said that he has witnessed trucks exiting the shale pit at 6:50 a.m. fully loaded.
Also,.in.the interest.of safety, Mr. Turner: believed, the access.point on Rt. 644.is the safest,imand out.of-the
property..
Mr. Herman Fauver, of 1915 Airport ,Road •stated that the Board of Supervisors granted Mr.
Wilson's CUP on July 11, 2001 with a condition that no commercial mining operation shall occur until a state -
approved entrance is constructed. Mr. Fauver reported that the entrance has not been constructed, yet he
witnessed trucks hauling shale from October 5; 2001 for 12 days, excluding Saturday and Sunday, and ending
on October,22, 2001.. .,Mr.. Fauver stated that Mr. Wilson was in.violation of his CUP.
Mr. Chris, Fauver of 1919 Airport Road said the shale pit operation is just below his drive.
Mr; Fauver, was concerned for the safety of his four childrem: Mr. Fauver- sai&he would prefer that the
entrance to the shale pit come out on Parkins Mill Road.
Frederick County Planning Commission
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Mr. Bernard Hoogeveen on Airport Road requested that Mr. Wilson's CUP be revoked. Mr.
® Hoogeveen was concerned about silt pollution being carried from the shale pit all the way to the Chesapeake
Bay.
Mr. Gary VanMeter, an adjoining property owner at 1544 Airport Road, believed it would
be fine for Mr. Wilson to continue with the shale mining operation, if he would have the trucks go out on
Parkins Mill Road, which is a much wider and safer road.
Ms. Brenda Turner of 1810 Airport Road, statedthat it was her driveway that Mr. Wilson was
using. Ms. Turner said that she is involved in the pending civil court case over the use of the driveway and
whether Mr. Wilson has the right to use the driveway for industrial purposes.
Mr. Ty Lawson returned to the podium and stated that the majority of the comments received
pertain to the use and those issues have all been addressed by the approval of the CUP. Mr. Lawson said that
many of the issues will be resolved by the court hearing on December 13. He also noted that this site is
accessed by a recorded right -of -way in favor of the Wilson alone; the only parties that have the right to use
it are the Wilsons. Mr. Lawson believed the only issue for discussion this evening was the entrance.
Members of the Commission discussed whether an action should be taken in light of the
pending litigation. After some discussion, the Commissioners decided it would be appropriate to make a
recommendation to the Board of Supervisors on the CUP while the court case is pending. Vice Chairman
Thomas believed that in the past, the Commission has let the applicant continue with their business as long as
they were making reasonable progress on the conditions. On the other hand, some of the Commissioners cited
credibility issues regarding the. applicant's agreement to comply with the conditions at the time of CUP
approval, the progress being made on the entrance, and the fact that the applicant was a former Planning
® Commission member. Another Commissioner didn't believe it would be appropriate to shut a business down,
if the applicant is not legally capable of meeting one of the conditions imposed, which in. this case, is
constructing the state entrance.
Members of the Commission discussed the options available to them regarding action. They
focused on a revision to Condition #3 of the permit specifying a time requirement for the installation of the
commercial entrance and to allow for shale mining and hauling to occur in the interim. The Commission agreed
that during that specified time, the Wilson would have the right to operate off of the property, however, should
the Wilson fail to comply-by, a,specified date, they would either need to use an entrance off of Rt. 644 or the
CUP would be revoked.
Upon motion made by Mr. Light and seconded by Mr. Unger,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board
of Supervisors a revision to Condition 43 of CUP #01 -01, which currently reads, "No commercial mining
operation shall occur until an approved VDOT, entrance is constructed," be replaced with the-statement, "An
entrance must be installed, and approved by VDOT, by May 1, 2002; any violation afterwards will result in
automatic recommendation of revocation of CUP 901 -01." In addition, during that specified time, the Wilson
have the right to operate off of the property; however, should the Wilsons fail to comply by May 1, 2002, they
would either need to use an entrance off of Rt. 644 (Parkins Mill Road) or the CUP will be recommended for
revocation.
Fiederick County Planning Commission
Minutes of November 7, 2001 Page 739-
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The vote on this recommendation was as follows:
is YES (TO ALLOW CONTINUATION WITH AMENDMENT TO CONDITIONS) Triplett, Thomas,
Light, Morris, Unger
NO: Fisher, Kriz, Ours, Watt
ABSTAIN DeHaven
Vice Chairman Thomas relinquished the conduction of the meeting back over to Chairman DeHaven.
Conditional Use Permit #17 -01 of Jordan Springs to establish office space for the County Court
Reporters and Court Reporting Consultants (an office use that is of equal or lesser nonconformity than
the previous use, Shalom et Benedictus Treatment Center). This property, zoned RA, is located at 1160
Jordan Springs Road and is identified with P.I.N. 44 -A -294 in the Stonewall Magisterial District.
Action - Recommended Approval with Conditions
Planner Rebecca Ragsdale stated that approval of a conditional use permit on this property
may be granted for a use that is of equal or lesser nonconformity than the original use, Shalom et Benedictus
Treatment Center, in relation to intensity, type of use, or dimensional requirements. Planner Ragsdale
® explained that Shalom et Benedictus was the primary user from the early 1970's to 1999 and operated at Jordan
Springs with 30 -50 employees and residents. She said that the applicant, County Court Reporters and Court
Reporting Consultants, proposes to relocate their office to Jordan Springs. She explained that 17 employees
of the business would relocate to this site and the number of employees is not expected to increase significantly.
Planner Ragsdale continued, stating that there are four buildings on the property which include
the main hotel building, the administration building, the shop building, and the original house, which the
applicant has stated are adequate for the business. Planner Ragsdale reported that the property is served by
a septic tank and lagoon and all appropriate Department of Environmental Quality (DEQ) permits are in good
standing. She noted that there is substantial natural screening on the sides and rear of the property, which
forms a buffer to any future development or agriculture. Planner Ragsdale next read a list of conditions
recommended by the staff, should the Commission find the use to be appropriate.
Mr. Stephen M. Gyurisin with Triad Engineering came forward and introduced himself and
Mr. John Coltin, a representative of the current owners of the property, Missionary Servants of the Most Holy
Trinity, and Mr. Greg Aiken and Ms. Toni Wallacenvith the County Court Reporters, the applicants. Mr.
Gyurisin stated that the applicants wish to utilize the property and preserve the unique historic setting.
Chairman DeHaven called for public comment and the following persons came
forward to speak:
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Mr. Warren Beall, adjoining property owner at 170 Monastery Ridge Road, had
® concerns about the age and condition of the existing septic system and lagoon on the property and
he believed the system should be inspected and upgraded as a condition of the permit.
Mr. R. J. Turner, the broker involved with the property transaction, stated that this
property has previously been "exempt" because it was owned by religious organizations for a number
of years; however, it will become a source of tax revenue for the County, if this business is approved.
Mr. David Herd, a resident on Devil's Backbone Overlook, spoke in favor of this use
on this particular property because of the intent for historic preservation and incorporation of the
historic overlay; he also agreed, however, that the septic system should be inspected.
One Commissioner pointed out that a considerable amount of money is being invested
by the applicant to operate on a conditional use permit that could be revoked at any time. The
representative for the applicant said this is a risk the applicant is willing to take because of the interest
in renovating, restoring, and keeping the property intact; he stated that it was the applicant's intention
to pursue the rezoning of the property, with a historic district overlay, as soon as possible.
Commission members inquired if it would be appropriate to fashion an additional
condition to ensure historic preservation of the property until the rezoning and historic overlay could
be accomplished. Mr. Gyurisin, the applicant's representative, noted that Condition Number (8) was
intended to ensure the maintenance of the existing historic resources by way of requiring a site plan
before any construction activities -occur on the property. In response to some of the public
® comments, Mr. Gyurisin said that the property is currently under an active DEQ permit for the
sewage system and the applicants intend to maintain a good standing with DEQ. The applicants'
representative also concurred with the conditions as recommended by the staff and believed the time
frames established were adequate to meet the conditions of the permit.
Members of the Commission decided that any reference to the preservation of historic
structures should be addressed at the time of rezoning and not at the conditional use permit stage.
The Planning Commission had no other outstanding issues of concern and believed the use would not
negatively impact surrounding areas.
Upon motion made by Mr. Light and seconded by Mr. Kriz,
BE IT-RESOLVED, That the Frederick County�Planning Commission does hereby unanimously
recommended approval of Conditional Use Permit #17 -01 of Jordan Springs to establish office space
for the County Court Reporters and Court Reporting Consultants (an office use that is of equal or lesser
nonconformity than the previous use; Shalom et Benedictus Treatment Center) with the following conditions:
All review agency comments shall be complied with at all times.
2.- Compliance with VDOT's commercial entrance requirements shall occur within 180 days of
CUP approval.
Frederick Counly.Planning Commission,
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® 3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these
conditions shall occur within 180 days of CUP approval.
4. All vegetation within close proximity of all travel ways serving access to the structures shall
be maintained to provide a 15 -foot vertical clearance for emergency vehicle access.
All applicable permits shall be obtained from the Department of Environmental Quality for
the use and maintenance of the health system.
6. Land use shall be limited to general office with the exception of residential above the shop
building. Occupants of the shop building shall be limited to maintenance personnel.
One business sign shall be permitted. It should be of monument -type construction and
limited to fifty (50) square feet in size or a placard.
8. A site plan shall be approved by Frederick County for applicable site improvements. Any
future expansion or structural development shall require an amended site plan.
UPDATE OF THE 2002 -2003 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT
® PLAN
Action - Recommended Approval
Planning Director Evan A. Wyatt presented the update of the 2002 -2003 Frederick County
Secondary Road Improvement Plan, which is reviewed and renewed annually by the County. Director Wyatt
said that the Transportation Committee recommended approval of the plan at their October 2, 2001 meeting.
He then proceeded to review the Secondary Road Improvement Plan with the Commission.
There were n6 public comments regarding the plan, however, Commissioner Unger advised
staff that a citizen had requested that the segment of Cedar Creek Grade (Rt. 622) between Rt. 37 and Laurel
Grove Road (Rt. 629) be moved up in priority on the Major Road Improvement section of the plan. No other
issues were raised by the Commission.
Upon motion made by Mr. Kriz and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval to the Board of Supervisors for the adoption of the 2002 -2003 Frederick County Secondary Road
Improvement Plan.
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Minutes of November 7, 2001 Page,742
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Rezoning Application 407 -01 of Rutherford's Farm Industrial Park, submitted by Greenway
Engineering, to rezone 5.1 acres of RP (Residential Performance) and 149.3 acres of RA (Rural Areas)
to 116.7 acres of M1 (Light Industrial), 23.2 acres of B2 (Business General), and 14.5 acres of B3
(Industrial Transition). This property is bounded by Interstate 81 on the west and Martinsburg Pike on
the east and south, and is identified with P.I.Ns. 43 -A -96; 43 -A -97; 43 -A -98; 43 -A -99; and 43 -A -111 in
the Stonewall Magisterial District.
Action - Tabled
Chairman DeHaven stated that he would abstain from any discussion and voting on this
application because he is an adjoining property owner and there may be a conflict of interest.
Commissioner Light said that he will also be abstaining from all discussion and voting on this
application because of a possible conflict of interest.
Chairman DeHaven next turned the conduction of the meeting over to Vice Chairman Thomas.
Deputy Planning Director Eric R. Lawrence read the background information and review
agency comments. Deputy Director Lawrence stated that the parcels are within the County's Sewer and Water,
Service Area (S WSA) and the parcels are a component of the Northeast Land Use Plan and the Rt. 11 North
Corridor Plan.. He said the inclusion of the entire 154.4 -acre tract is proposed to be included in the IA
(Interstate Area Overlay) Zoning District. Deputy Director- Lawrence pointed out that through the applicant's
proffer statement, efforts have.been made to recognize the Developmentally Sensitive Areas (DSA); efforts
® have been made to recognize the significance of the Second Battle of Winchester and the Battle of Rutherford's
Farm; various road improvements have been proposed to address projected impacts; and monetary
contributions have been proposed for fire and rescue services. He added that there continues to be a number
of concerns regarding transportation issues, however, that were identified by VDOT and the staff. Deputy
Director Lawrence stated that the staff believes the Traffic Impact Analysis was still incomplete and staff was
recommending that action on the rezoning be deferred until the Traffic Analysis is presented to VDOT and the
staff for review.
Mr. Mark Smith of Greemvay Engineering came forward to clarify some of the transportation
issues raised. First, he discussed the improvements that were planned for Rt. 11. Second, regarding the delay
oftheir anticipated improvements tothe 317 Interchange, Mr. Smith said the applicant is seeking a contribution
for the County to be used for matching funds and since the 317 Interchange is scheduled to be rebuilt, they do
not want to make small improvements that would be demolished in the near future.. In conclusion, Mr. Smith
said he was requesting a tabling of the application this evening, in order to allow time to resolve VDOT's two
issues; which were making sure the right -in/ right -out was sufficient and making sure the contribution on 317
was.adequate, and he also wanted to get feedback from the public.
Commissioner Morris inquired if any impacts from the development were anticipated to I -81
South. Mr.. Smith replied that the entire interchange will be affected and the applicant is analyzing the entire
study and will designate a monetary contribution towards it for the County to use and direct to VDOT.
Vice Chairman Thomas asked for clarification on the transportation proffer dealing with traffic
tabulations and traffic generation exceeding 10,000.vehicles peaday (VPD). Mr, Smith explained that
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Minutes of November 7, 2001 Page 743
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were proffering to do another study at 10,000 VPD and will bring adjacent roads to a Level of Service (LOS)
"C," if their development was the cause. Mr. Thomas also believed that the monetary contribution for fire and
rescue services was insufficient.
Planning Director Evan A. Wyatt agreed with Vice Chairman Thomas on the transportation
proffer dealing with accumulative traffic tabulations and was not sure how it would address the LOS as
development proceeds. Director Wyatt also recommended that the recycling proffer be tied to the building
permits, rather than the certificate of occupancy permits.
Vice Chairman Thomas called for public comments and the following persons came forward
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to speak:
Mr. James Stillwell, a resident of the Stephenson area, stated that he was in support of this
rezoning; however, he would like to see all of the surrounding properties that are planned for industrial, such
as the Carroll and Zuckerman properties, submitted collectively as a master - planned concept. Mr. Stillwell
asked the Commission to establish standards that would result in an aesthetically - appealing entrance and
development with better landscaping, better architectural standards and a road network. He said that part of
the argument that occurred this past year was that residents in the Stephenson area were aware that this 250 -
acres of industrial land was available and they were not in favor of having another industrial site (Mid - Atlantic
Industrial & Tech Center) across the street.
Mr. David Herd, a resident on Devil's Backbone Overlook, voiced concerns about the traffic
Jssues with this development. Mr. Herd said that both he and his neighbors in Stephenson will be voicing their
concerns about the traffic problems long before they reach the LOS "C." He believed that the taxpayers, not
the developer, will be the ones who pay for the road improvements. Mr. Herd said that he was in favor of this
development, but hoped the County would find a way to get developers to pay for improvements that will be
needed in the future as a result of the development they created.
Mr. Mike Weber, a resident of Stonewall District and owner of property across the road from
the proposal, said that he was in favor of the proposed rezoning, but he had numerous issues to bring forward.
Some of Mr. Weber's concerns were the need for improved setbacks; limiting what industries are placed closest
to residential housing; where the land would be acquired from in order to widen and improve the 81
Intersection; maneuvering oftractor- trailer trucks at the intersection; the potential increase of rail traffic across
Welltown Road causing traffic delays on Rt. 11; the need for the County to attract business in order to maintain
its tax base; the negative impact of night -time industrial lighting on his greenhouse business; and the size of
proposed signs.
Mr. R. J. Turner, the broker for this project, said that regarding Mr. Stillwell's comments, he
is working with Mr. Carroll in an attempt to get a buyer interested in the larger property on the west side of
the.railroad.tracks. Mr. Turner suggested additional B2 zoning in this particular area to accommodate a
shopping mall, which would help the County's tax base. He added that rail -served properties produce higher
tax contributions than non -rail properties.
Ms. Maxine Williamson, an adjacent property owner, spoke about the terrible traffic
congestion that she has been experiencing in this area. Ms. Williamson said that a considerable amount of
traffic moves through this area and all of the proposed traffic lights and lanes area formula for gridlock. Ms.
Williamson said this rezoning should only be considered after the expansion of 1-81 and after all the other road
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Page 744
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improvements are planned. She believed the applicant has dismissed the historic significance of the
is Rutherford's Farm; she said that although this is not a pristine site, several historic battles were fought here.
Ms. Williamson said she was opposed to the rezoning.
Mr. Charles Drummons, a future resident of Frederick County, believed this area was a good
location for industrial development and was in favor of the rezoning.
Vice - Chairman Thomas closed the public comments portion of the meeting as there was no
one else who wished to speak.
In response to the applicant's request for tabling, a motion was made by Commissioner Kriz
and seconded by Commissioner Unger to table the rezoning until such time as the staff feels all comments have
been addressed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table
further consideration of Rezoning Application #07 -01 of Rutherford's Farm Industrial Park, submitted by
Greenway Engineering, to rezone 5.1 acres of RP (Residential Performance) and 149.3 acres of RA (Rural
Areas) to 116.7 acres of M1 (Light Industrial), 23.2 acres of B2 (Business General), and 14.5 acres of B3
(Industrial, Transition) until such time as the staff believes allcomments have been addressed.
(Note: Chairman DeHaven and Commissioner Light abstained from voting.)
® Rezoning Application 909 -01 of the Estate of Naomi Adams Poole, submitted by Triad Engineering, Inc.,
to rezone 7.6 acres from M2 (Industrial General) to 132 (Business General). The parcels are located on
either side of Hood Way, adjacent to Valley Pike (Rt. 11), approximately 2,200' northeast of the
intersection of Rt. 11 and Rt. 37, and are identified with P.I.Ns. 63 -A -86B and 63 -A -86C in the Shawnee
Magisterial District.
Action - Recommended Approval
Deputy Planning Director, Eric R. Lawrence, read the background information and review
agency comments. Deputy Director Lawrence stated that the parcels are within the County's Urban
Development Area (UDA) and,Sewer and Water Service Area (SW SA) and the is consistent with the
Comprehensive Policy Plan and the Statement of Intent in the Zoning Ordinance. He said the result of the
Capital Facilities Impact Model run demonstrated a positive impact to the County and the proffer statement
submitted by the applicant provides for the preparation of detailed traffic studies during the site plan stages;
the prohibition of entrances onto Valley Pike; and provides for necessary right -of -way along Rt. 1 l and Hood
Way for road improvements. Deputy Director Lawrence continued, stating that buffers and screening between
properties are required which will mitigate the impact to adjoining properties.
Mr. Stephen M. Gyurisin of Triad Engineering, Inc. was representing the Estate of Naomi
Poole Adams, the owner. Mr. Gyurisin stated that these two properties did not have sewer accessibility until
just recently. He said that adjoining property owner, H. P. Hood, Inc., owner of the H. P..Hood.dairy
processing facility, contributed approximately $200,000 to the Frederick County Sanitation Authority for
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Frederick County Planning Commission "
Minutes of November 7; 2001 Page 745
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implementation of the regional sewer system that would serve this part of the County.
0 There were no citizen comments regarding the rezoning.
Chairman DeHaven pointed out that although the proffer statement indicates that detailed
traffic studies and analysis will be conducted, it does not offer to take any remedial action. Mr. Gyurisin stated
that at this point in time, they do not know what the proposed uses will be; however, they would work on the
wording of the proffer regarding addressing issues at the site plan stage that may be surfaced by the analysis.
No other issues were raised by Commission members. Upon motion made by Mr. Morris and
seconded by Mr. Unger, the Commission unanimously recommended approval of the rezoning to the Board.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application 409 -01 of the Estate of Naomi Adams Poole, submitted by Triad
Engineering, Inc., to rezone 7.6 acres from M2 (Industrial General) to B2 (Business General), with proffers.
PUBLIC MEETING
WAIVER REQUEST FOR LOTS ABUTTING AND HAVING DIRECT ACCESS TO VDOT
RIGHTS -OF -WAY, SUBMITTED_BY SPACE, L.L.C.
Action - Recommended Approval
Zoning and Subdivision Administrator, Patrick T. Davenport, presented a waiver request by
John C. Lewis of Painter -Lewis L.L.C., representing Space L.L.C., the owners of the parcel containing the
Trex Building One, located off North Frederick Pike (Rt. 522N) in the Stonewall Magisterial District.
Administrator Davenport stated that the applicant is requesting the waiver of a Subdivision Ordinance
requirement, in their pursuit to further subdivide their property, which states that, "All lots shall abut and have
direct access to a public street or right -of -way dedicated for maintenance by VDOT."
Administrator Davenport continued, stating that the proposed subdivision would create two
additional lots, Lot I and Lot 4; existing Lot 2 is the Bank of Clarke County and Existing Lot 3 is the
Funkhouser property, both of which have been just recently subdivided, and the remaining Lot 5 would
comprise the existing Trex Center Site. He said that Lot I would have state road frontage and direct access
as required by the Subdivision Ordinance, however, Lot 4 and Lot 5 would not have the required frontage and
access.
Mr. John C. Lewis of Painter - Lewis, L.L.C., representing the owners, Space, L.L.C., said the
owner desires to market Lots 4 and 5 as separate, legal lots. Mr. Lewis explained the three possibilities
available to them in order to create this subdivision: 1) request a waiver from the subdivision requirement for
those lots to have direct access to a right -of -way; he.explained that the lots front on the Rt. 37 right -of -way,
but it's impossible to access that directly; 2) create pipe stem lots within bounds of the ordinance; and 3) to
create a public road or VDOT right -of- -way; however, the amount of land lost in the right -of -way and setbacks
would be financially prohibitive in this case. Mr. Lewis said that obtaining the waiver would maximize the
Frederick County Planning Commission
Minutes of November 7, 2001 Page 746
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utilization and marketability of the parcel. He added that the access easements created would be a minimum
® of 27' in width, inside the access easement would be a 24' minimum faced curb of roadway, and the roadways
will be designed to VDOT standards.
Chairman DeHaven called for public comments, but no citizen came forward to speak.
One commissioner asked Mr. Lewis if they were committed to designing the roads to VDOT
standards and Mr. Lewis replied that one road has already been constructed to state standards and the other
is scheduled to be constructed within the next several months. No outstanding issues of concern were raised
by the Commission. Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission
unanimously recommended approval of the waiver request for both Lot 4 and Lot 5.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval for the waiver of Chapter 144 -24, Section C, of the Subdivision Ordinance to allow for the
subdivision of Lot 4 and Lot 5, owned by Space, L.L.C.
DISCUSSION OF PLANNING COMMISSION BYLAWS AMENDMENT
Planning Director Evan A. Wyatt said that the Planning Commission's adopted bylaws require
the Commission to consider any potential amendments in November of each year. Mr. Wyatt said that recently,
the County adopted a Freedom of Information Act Policy and staff discovered an anomaly between that
Freedom of Information Act Policy and the Planning Commission's Bylaws. He pointed out that under 8 -2 -1,
the statement, `the minutes shall not be made available to the public until they are approved.by the
Commission," should be replaced by the statement, "the minutes made available to the public prior to formal
approval by the Commission shall be clearly identified as a draft version of the meeting."
. The Commission generally agreed this change was appropriate and agreed to act on the
amendment at their first meeting in January.
RESOLUTION OF APPRECIATION -WATER SENSITIVE DESIGN WORKSHOP
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
Frederick County.Planning Commission unanimously adopted a'Resolution of Appreciation to the participants
and representatives of the October 17, 2001 Water Sensitive Site Design and Development Workshop.
11
Frederick County Planning Commission
Minutes of November 7, 2001 Page 747
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® Master Development Plan #02 -01 of Red Fox Run II, submitted by G. W. Clifford & Associates, Inc. for
the development of 66 single - family detached urban lots. This property is located northeast and adjacent
to Red Fox Run 1, approximately 600' east of Route 522 and 2,400' southwest of Airport Road, and is
identified with P.T.N. 64 -A -40 in the Shawnee Magisterial District.
Action - Recommended Approval with Stipulation
Planner Jeremy F. Camp reported that the site is located within the County's Urban
Development Area (UDA), and the Sewer and Water Service Area (SWSA), and is a component of the
Southern Frederick Land Use Plan. He reported that the applicant's proffers provides a monetary contribution
to be allocated to the Fire and Rescue Department, Schools, Parks & Recreation, the Public Library, the
Sheriff's Offices, and the County Administration Building. Planner Camp stated that a part of the request
proposed by the applicant is a waiver to the woodland disturbance requirement, under Section 165 -31 B(7), to
disturb 50% of the existing woodland areas or. 17.70 acres.
Planner Camp continued, stating that there are three major concerns identified by the staff
regarding the Red Fox Run Master Development Plan: 1) possible lot encroachment into the environmental
corridor, as designated in the master development plan, of. the. Airport Business Center;_2),who will ,be
responsible for planting, maintaining, and other specifics regarding the applicant's proposed tree replacement
plan; and 3) the.future preservation of the existing environmental corridor to act as a zoning district buffer
between the residential land uses to the south and the light industrial land uses to the north.
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc.; representing the owner,
Jem Company, said that they will remove the specified lots out of the environmental preservation area by
revising the MDP before it is.forwarded.to the Board of Supervisors.. Mr. Maddox reviewed the specifics of
the tree replacement plan, including planting and maintenance responsibility, tree canopy specifications, and
avenues for guarantees and enforcement. He believed the tree replanting plan as a viable solution to the
woodlands removal issue.
Chairman DeHaven called for public comments, but no one was present to speak.
The Planning Commission believed the tree replacement plan (using the tree canopy system)
presented by the applicant was a viable solution to the woodlands removal issue and, if properly executed,
would go along way towards accomplishing the goals of the ordinance. Members of the commission requested
that the applicant . specify that more than one tree species will be used. ,They were,also in•favorof allowing the
environmental corridor to serve as the required separation buffer between the residential and light industrial
land uses.
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 Master. Development Plan #02 -01. of Red Fox Run II, submitted by.G. W. Clifford.& Associates,
Inc. for.Jem Company, for the development of 66 single - family detached urban lots, contingent on the removal
of all lots from the environmental corridor; with modifications to the tree planting schedule as discussed; and
with the allowance of the environmental corridor to serve as the required separation buffer between the
residential and light industrial land uses.
Frederick County Planning Commission
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OTHER
APPOINTMENT OF MR. JAMES D. STILLWELL TO THE DEVELOPMENT REVIEW &
REGULATIONS SUBCOMMITTEE
Chairman DeHaven formally appointed Mr. James D. Stillwell to serve on the Planning
Commission's Development Review and Regulations Subcommittee. Mr. Stillwell accepted the appointment
and Chairman DeHaven welcomed Mr. Stillwell to the subcommittee.
PLANNING COMMISSION'S MEETING OF NOVEMBER 21, 2001 RESCHEDULED TO
MONDAY, NOVEMBER 19, 2001, DUE TO THANKSGIVING HOLIDAY
Director Wyatt pointed out that the Commission's regularly scheduled second meeting of
November (Wednesday, November 21, 2001) falls on the day before the Thanksgiving holiday. The
Commission decided that if applications were submitted that needed to be acted on, they would prefer to have
the meeting on Monday, November 19, 2001. If no applications were submitted, then the meeting should be
canceled.
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by
Respectfully submitted,
Evan A. Wyatk Secretary
Charles S. DeHaven, Jr., Chairman
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