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PC_12-19-01_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 December 19, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; 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; William C. Rosenberry, Shawnee District; and Sidney A. Reyes, Board Liaison. ABSENT: Jay Cook, Legal Counsel. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; 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 - NOVEMBER 7, 2001 Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of November 7, 2001 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Pro2rams Subcommittee (CPPS) Commissioner Light reported that the CPPS is continuing with work on capital improvements projects, which will be forwarded to the Commission at some future time. Frederick County Planning Commission Minutes of December 19, 2001 Page 764 -2- Economic Development Commission (EDC) '• Commissioner Thomas reported on their wrap -up meeting with retiring Executive Director, June Wilmot, and the committee's preparations for the new year. Sanitation Authority (SA) - 12 /18/01 Mtg. Commissioner Fisher reported that the SA's Director, Wellington Jones, reported on the current drought conditions in Frederick County. He said that other highlights of the report were: the South Quarry has rebounded due to the SA purchasing water from the City of Winchester; and, the SA is reviewing alternatives and options for providing a water supply from the Northern Treatment Plant. Winchester Plannine Commission - 12/18/01 Mtg. Commissioner Ours reported that the Winchester Planning Commission raised some of their development fees through a change in the ordinance and had a brief reception for outgoing Chairman, David Chandler. PUBLIC HEARING Request for Expansion of the Sewer and Water Service Area (SWSA), submitted by Triad Engineering, Inc., to incorporate approximately four acres, identified with P.I.N. 53 -A -92, and owned by Willow Grove, L.C. The site is bounded by two roads (Rt. 37 and Merrimans Lane) and the Merrimans Chase subdivision in the Shawnee Magisterial District. Action - Tabled for 90 Days at the Applicant's Request Chairman DeHaven stated that the Commission has received a letter from the applicant requesting a tabling for 90 days. Chairman DeHaven asked if there were any citizens present who had wanted to speak regarding this expansion of the Sewer and Water Service Area (SWSA). No one came forward. Upon motion by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the request for expansion of the sewer and water service Area, submitted by Triad Engineering, Inc., for 90 days at the applicant's request. • Frederick County Planning Commission Minutes of December 19, 2001 Page 765 -3- PUBLIC MEETINGS Revision to Master Development Plan #02 -99 for "The Ravens" (Oakdale II I, Raven Pointe, Raven Oaks, and RavenWing). The revisions would affect the project's phasing plan and traffic patterns. This project is located north of Millwood Pike (Rt. 50), and is primarily accessed via Inverlee Way. The properties within the project area are identified with parent tract P.I.N.s 64 -A -113, 64 -A -119, and 64 -A- 117 in the Shawnee Magisterial District. Action - Tabled for 60 Days at the Applicant's Request Planning Director Evan A. Wyatt stated that staff has received a request from G. W. Clifford & Associates, Inc. to modify the phasing plan and traffic patterns of the approved master development plan of The Ravens development. Director Wyatt said that the approved master plan (approved in July of 1999) enabled the development of 668 single - family lots and established phasing and traffic patterns that would restrict vehicular access to the north (Senseny Road) until the last phase in the project was built. He said that temporary traffic barriers were placed at three future road connections to restrict the vehicular traffic until the final phase of development. He pointed out that the outstanding issue during discussions of the 1999 master plan was the concern, primarily from residents in the Oakdale Crossing subdivision, about the need to have Inverlee Way (a major collector which will ultimately provide a connection from Rt. 50 to Senseny Rd.) continued through to provide access, so that traffic going from Senseny Road to Rt. 50 would not weave through Oakdale Crossing' Director Wyatt said that nine phases of development throughout the acreage was approved with the provision of three road connections being constructed during Phase 9, or when road work commenced on Senseny Road. Director Wyatt continued, stating that the applicant wishes to accommodate larger lot sizes, 15,000 square foot rather than .12,000 square foot, in the Raven Pointe section; to construct the larger lots earlier in the project as opposed to the final phase; to include the extension of Inverlee Way to the property limits, as the primary road access for this phase; and, to remove the various barricades that were proposed to be in place until the final phase of development. Considering these proposed modifications, Director Wyatt identified a couple concerns. He said that the removal of the barricades will enable cut - through traffic and the requirement for sidewalks and street lights can no longer be mandated because of the larger lot size. Director Wyatt said that considering this development is under construction, there may be persons who have purchased lots with the expectation that sidewalks and street lights will be provided. Mr. Charles W. Maddox, Jr., Vice President of G. W. Clifford & Associates, Inc., was representing the applicants, Glaize Developments and JENI Company. Mr. Maddox said that this section would cease to be Raven Pointe and would become an extension of Oakdale, which is high -end housing with 90 -foot fronts, and it would be important to be "connected" with the original Oakdale. He said that because some of the surrounding road issues, such as Senseny Road, Greenwood Road, and Cork Street, would not be resolved in the short tern, they believed it was beneficial to construct the entire major collector roadway system (Inverlee Way) to the property line. Mr. Maddox believed the modifications would create a better development and they also believed there was a market for this type of housing. Mr. Maddox agreed with the staff's comments on the sidewalks and street lights. He said that a number of sidewalks would be added and street lights will be provided. Commissioner Thomas raised two concerns, specifically, how would the applicant encourage contractors with construction equipment to use Inverlee Way, off Rt. 50, rather than to come through Oakdale Frederick County Planning Commission Minutes of December 19, 2001 Page 766 -4- Crossing and, secondly, the continuity of moving people would depend on the provision of sidewalks and would is be greatly desirable. Mr. Maddox believed that construction traffic could be controlled through contract clauses and supervision. Regarding the sidewalks, Mr. Maddox said that they planned to create an interconnecting pedestrian way, on one side of the road, through the project along the minor collector roads; he said these will connect into the major trail system along the major collector. He added that the cul-de -sacs, the dead -end streets, and the streets with fixed generation would not have sidewalks. He further added that curb and gutter and street lights will be provided. speak: Chairman DeHaven called for public comments and the following persons came forward to Mr. Ed Trexler, a resident in Oakdale Crossing, urged the Commission not to allow the developer to remove the traffic barriers. Mr. Trexler said that Oakdale Crossing does not have sidewalks and he was concerned for the safety of the neighborhood children, who like to play in the streets. He added that two of the barriers have already been pushed aside and his neighborhood has been experiencing considerable construction traffic and subcontractor traffic daily, with no traffic enforcement. Mr. Shawn Stanic, a resident at 109 Dewberry Drive in Oakdale Crossing, pointed out his residence on a map, which was located at the proposed joining of Oakdale into the Ravens. Mr. Stanic believed that if the road in front of his home was continued, accidents were bound to happen. He said that he has filed numerous complaints about construction traffic traveling through this area and has brought this to the project manager's attention numerous times. Mr. Stanic was concerned for the safety of neighborhood children. Mr. Eric Milkerson, a resident of Oakdale Crossing, was very much opposed to through traffic ® traveling through his subdivision to get to Senseny Road or Rt. 50. He compared the situation to the through - traffic problems that residents in the City's Meadowbranch subdivision are experiencing. Mr. Robert Rimmel, a homeowner at RavenWing, Lot 7, 108 Kimross Drive, came forward to speak on behalf of the homeowners of The Ravens. Mr. Rimmel expressed disapproval and concern for the proposed revisions to the master plan because as prospective buyers, the residents of Raven Wing were shown the original master plan and purchased their particular lot based on that plan; he said to change it now would be an injustice to persons who have purchased lots so far. He stated that he purchased his lot with the assumption there would be open space next to his lot and, now, with the proposed modifications, he will lose the open space to an adjoining lot. He mentioned possible drainage problems with the decrease in open space. Mr. Rimmel said the residents of Raven Wing are opposed to through traffic traveling through their subdivision to get to another destination. He was concerned that construction traffic from Winchester would travel down Rt. 50 East, make a "U- turn" at Greenwood Road, go back up Rt. 50, and turn into Inverlee Way, he said this construction traffic would create congestion on Rt. 50. He was concerned about the residents' safety with increasing the traffic through the subdivision while decreasing the sidewalks. Mr. Byron Armel, 116 Kinross Drive, concurred with many of the statements by other residents made so far. Mr. Armel had concerns about drainage problems; he believed if the drainage flow down to the natural creek behind his home was disrupted by larger lots, his basement would be flooded. He was also concerned about larger lots taking away the numerous water retention ponds. Mr. Armel disputed statements made by the applicant that larger lots would create greater tax revenue for the County. In addition, he was opposed to the elimination of sidewalks because because it would create a safety problem for neighborhood children and it would destroy neighborhood continuity. 0 Frederick County Planning Commission Minutes of December 19, 2001 Page 767 -5- Mr. Edgar Hickman, a resident on Kinross Drive in Raven Wing, concurred with residents in Oakwood who were opposed to removal of the barricades to protect neighborhood children's safety; he did not believe the developer should have the ability to eliminate sidewalks from the revised plan, especially if the roads were being used by construction traffic; he did not believe Inverlee Way would be developed past the Carper Farm in the foreseeable future; he was opposed to the removal of the open spaces because of the possibility of flooding problems. Mr. Hickman was opposed to all of the modifications proposed by the developer and believed the developer should be required to develop the smaller -sized lots with sidewalks, street lights, and curb and gutter. Ms. Kammy Reimer, a resident of RavenWing, concurred with her neighbors' opposition to the elimination of open spaces because it would negatively affect natural drainage ways, it could cause environmental pollution, and it could affect the safety of her children. Mr. Dave Hepler, President of Hepler Construction, spoke in favor of the proposed revisions by the applicant. Mr. Hepler didn't believe the proposed modifications would create any increase in the traffic this development is experiencing, but he did believe there would be a change in the traffic patterns which could positively affect the residents in the long run. Mr. Hepler also believed that the applicant was only trying to make the lots more marketable. He said that the Oakdale development was a prosperous subdivision and no more lots are available. He believed Oakdale was just a step above the Raven Wing subdivision and by adding a few more of the Oakdale -style homes, it would complement the entire area. Mr. Herald Fincham, a resident at 130 Kinross in RavenWing, spoke about why he was opposed to the removal ofthe barricades; he believed it would create additional traffic and it would compromise safety. Mr. Stephen Markland, a resident at 288 Huntersridge Road in Oakdale Crossing, said that there were no street lights installed in the back half of Oakdale Crossing. Mr. Markland believed that the only benefit he could determine from the removal of the barricades is that it would increase the marketability of the new.lots. Mr. Mark Sutherland, a resident on Darby Drive in RavenWing, described the significant commuter traffic traveling through this area towards Washington; he was opposed to his development becoming a commuter thoroughfare. Ms. Kimberly Hickman, a resident on Kinross in RavenWing, refuted several statements made that Oakdale homes were a step above Raven Wing homes as far as marketability was concerned. She said that RavenWing has a mixture of lot sizes, which are not limited to 12,000 square feet; she also pointed out that homes in the Ravens are selling for $300,000 and above. Ms. Hickman was concerned about tree removal in the open spaces to accommodate larger lot sizes and she was also opposed to removal of the barricades. Mr. Julius Armel, a resident on Dewberry Drive in Oakdale, concurred with many of the comments previously made. Mr. Armel commented that since Greenwood Road was redone over to Rt. 7, it is very nice road and serves well as a by -pass road. Mr. Armel wondered about the possibility of getting that done from Greenwood over to Sulphur Spring Road; he believed it would remove much of the traffic that would ultimately go through these subdivisions. No other citizens wished to speak and Chairman DeHaven closed the public comment portion 0 Frederick County Planning Commission Minutes of December 19, 2001 'Page 768 WOE of the meeting Mr. Maddox returned to the podium and stated that the residents' concerns had not been anticipated. Mr. Maddox thought the last citizen's comment on the construction of the Greenwood Road connection with Rt. 50 was important to the development of the County's Urban Development Area. He said that VDOT is in their conceptual design stage with this connection, however, the process moves quite slowly. Mr. Maddox noted that this master development plan was approved with the concept that the subdivisions would be connected and he pointed out that the streets were designed to handle the traffic flow. He did believe, however, that the issue of eliminating open space adjacent to homeowners who had bought their lots with the understanding they would be next to open space, deserved further study. Mr. Maddox added that they will not be eliminating storm water detention ponds, but would be relocating them. Mr. Jim Petry, representing both JENI Company and Glaize Development, was also surprised that the residents of Oakdale Crossing preferred smaller lots instead of the larger ones. Mr. Petry said that Mr. Glaize believed that additional Oakdale -type, 15,000- square -foot lots adjacent to the existing Oakdale Crossing would only benefit property values for those existing homeowners in Oakdale Crossing. He said there was a demand for the 15,000- square -foot lots and they were completely sold out. Mr. Petry stated that Inverlee Way will be constructed at the onset and by building this road, they were providing a good access road to the area they planned to develop. Mr. Petry was confident he could have their primary contractor enter the site through Inverlee. He said he could barricade the Oakdale entrance, because there were houses on either side and he could also barricade at the end of Underwood, forcing traffic up Inverlee during project construction of roads, sewer, and water. He said that when home construction begins, he could try to keep those barricades in place for a period of time, but once those homes are sold, it would be wrong to have an Oakdale section that could not enter through Oakdale Crossing. Commission members were of the opinion that sidewalks and curbs and gutters, should be extended throughout this development for safety and as a means to move pedestrian and vehicular traffic through developments. They also stated that their concern with removing the barricades was based on whether or not the applicant would be able to control the construction traffic. Chairman DeHaven did not want any citizen to be under the misconception that there was a possibility the Commission would decide to make the barricades permanent. He said the barricades were already approved to be removed once the development is completed. Chairman DeHaven also believed that those residents who purchased lots with the understanding they would be adjoining open space was a valid concern that needed to be addressed, along with the other issues. Mr. Maddox believed that tabling of the request to revise the master development was in order and he requested a 60-day tabling from the Commission. Upon motion made by Mr. Morris and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table for 60 days the request to revise Master Development Plan #02 -99 of "The Ravens" (Oakdale III, Raven Pointe, Raven Oaks, and RavenWing), which would affect the project's phasing plan and traffic patterns, at the applicant's request. • Frederick County Planning Commission Minutes of December 19, 2001 Page 769 7- 7 Master Development Plan #03 -01 for Shawnee Village, submitted by G. W. Clifford & Associates, Inc., for 64 single - family detached cluster and /or zero lot line dwellings and 64 apartments. This property is located north and adjacent to Tasker Road, west and adjacent to Lakeside Estates, and is identified with P.I.N. 75 -A -86D in the Shawnee Magisterial District. Action - Recommended Approval with Stipulations Planner Jeremy F. Camp read the background information and review agency comments. Planner Camp reported that the property is located within the County's Urban Development Area, as well as its Sewer and Water Service Area, and no significant historic resources have been identified on the property. Planner Camp further reported that the layout of the preliminary master development plan conforms to the requirements of the zoning and subdivision ordinances and is consistent with the County's Comprehensive Policy Plan. He stated that staff has identified two issues: 1) clarification of the type of residential lot proposed to be built and where the exact locations will be; and 2) it would be appropriate to provide a narrative on the master development plan which describes the intent to dedicate necessary right -of -way to VDOT at the subdivision design plan and site plan stage for the Tasker Road Improvements. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., representing the owner, David B. Holliday, stated that the issues with VDOT regarding land dedication for Tasker Road and the improvements necessary to meet transportation requirements will be worked out. Mr. Maddox commented that ® there is a substantial amount of open space with this project and there may be a need for some minor lot line adjustments in order to straighten out and make adjacent owners' land more useable. He was confident that he could accomplish this and still meet the full complement of the 30% open space requirement. Mr. Maddox inquired if some adjustment of the open space was possible after the approval of the master plan? Planning Director Evan A. Wyatt replied that staff would be willing to do that administratively, if the Commission desired, provided the minimum open space is provided. He said, however, that if any lot line adjustment resulted in adding property that's not currently zoned RP, it may be an issue. Chairman DeHaven called for public continents and the following person came forward to speak: Mr. Gary D. Rutherford, an adjoining property owner, voiced his concerns about the existing traffic congestion and the potential traffic hazards that would be created by increased traffic from the proposed development. He was concerned about the safety of neighborhood children because of increased traffic; he was opposed to the increased housing density; and he was concerned about the possible negative effects of additional development on the drainage patterns in the area. The greatest concern of the Planning Commission was the traffic situation at this location, especially in light of the unknown future construction on Rt. 37 and Tasker Road. They pointed out visibility issues cresting the hill before Chinkapin and the bottleneck situation occurring with left -hand traffic turning onto Chinkapin. Commissioners believed that VDOT erroneously 1 Frederick County Planning Commission Minutes of December 19, 2001 Page 770 8- concentrated their evaluation of the traffic situation on the numbers of vehicles, rather than the movement of vehicles. Because of the anticipated traffic congestion, the Planning Commission believed the applicant should do more than the minimum required by VDOT because of the safety issues involved. Some Commissioners suggested a left -turn center lane that would encompass more than just Chinkapin and right -turn acceleration lanes going down Chinkapin at both connections onto Tasker Road. The applicant and staff believed they could work out the details of VDOT's review comments and the safety issues associated with the two entrances. Mr. Maddox was willing to bring the plan back to the Commission for public review after they have worked out the details and issues with VDOT. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval of Master Development Plan #03 -01 for Shawnee Village, submitted by G. W. Clifford & Associates, Inc., for 64 single - family detached cluster and/or zero lot line dwellings and 64 apartments, to the Board of Supervisors with the stipulation that the Planning Commission review the associated site plan and /or subdivision design plan to verify that the potential transportation impacts of the development have been satisfactorily addressed. The vote was as follows: YES (TO APPROVE) DeHaven, Fisher, Kriz, Ours, Rosenberry, Thomas, Triplett, Unger, Watt, Light 0 , NO: Morris Master Development Plan #04 -01 of Southern Hills for the development of 225 single - family detached traditional lots. This property is located south of Stephens City, east of I -81, 0.8 miles south of Rt. 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 - Recommended Approval Planner Jeremy F. Camp reported that the applicant had prepared a preliminary master development plan for the development of 225 single - family detached traditional lots, with a minimum lot area of 15,000 square feet and an overall gross density of 2.10 dwellings per acre. Planner Camp said that unlike the other allowed types of RP subdivisions, curb and gutter is not a requirement for this development because the lots will be at least 15,000 square feet in size. He added that the applicant's proffer statement includes a payment of $4,910.00 per lot to be allocated to schools, parks and recreation, fire and rescue, the public library, the sheriff's office, and administration building. He said that other proffers include road improvements to and along Town Run Lane and Stickley Drive; a maximum density of 250 dwellings per acre; the establishment of a preservation and buffer easement; the creation of a lot for the Ewing family cemetery; a statement of notification on all plats and deeds; and payment of $100,000 to VDOT for the construction of a C Frederick County Planning Commission Minutes of December 19, 2001 Page 771 stop light at Stickley Drive and Fairfax Pike. ' Planner Camp continued, stating that the applicant is requesting a woodland disturbance waiver with the plan, however, the Frederick County Zoning Ordinance does not provide the possibility for a woodlands waiver, if the total site area is less than 25% wooded. Planner Camp explained that the requested waiver is inappropriate and should not be considered because it fails to qualify for a waiver. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., representing the owner/ developer, agreed with the staff, after re- reading the ordinance, that they do not qualify for the woodlands disturbance waiver; however, he commented that he has devised several alternatives that will meet the requirements of the ordinance and will be included in the final master plan. speak: Chairman DeHaven called for public comments and the following persons came forward to Ms. Sandra Ritenour, representing the Ritenour farm, stated that the three acres of trees along the property line between the proposed development and her farm were important as a buffer and she asked that they not be cut down. She said she appreciated the applicant including the additional 75' distance buffer above what is required. Ms. Ritenour questioned why the density of housing was greatest up against her farmland; she believed the higher density should be closer to the road going out of the subdivision. She also wanted to know if consideration was given to the impacts that would occur along the entire length of Stephens Run. Mr. David Holliday, the owner and developer, stated that he would not clear -cut any woodland area and they will work around it. The Planning Commission believed the preliminary master development plan depicted appropriate land uses and, after the preliminary plan is modified to allow no more than 25% woodland disturbance, it would be consistent with the Comprehensive Policy Plan and the zoning and subdivision ordinances. The Commission believed the representative for the o%Nmer /developer had addressed all of the comments made by the Commission and the reviewing agencies. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 404 -01 of Southern Hills for the development of 225 single - family detached traditional lots. Revision to Master Development Plan 401 -01 for Westminster- Canterbury, submitted by Greenway Engineering, for the addition of two single - family units. This property is located at 300 Westminster - Canterbury Drive and is identified with P.I.N. 53 -A -63 in the Stonewall Magisterial District. Action - Recommended Approval With a Revision Deputy Planning Director, Eric R. Lawrence, stated that approximately six months ago, a Frederick County Planning Commission Minutes of December 19, 2001 Page 772 -10- master plan revision for Westminster - Canterbury was submitted and approved which allowed for the addition • of 23 cottages to the site. Deputy Director Lawrence said that when the applicant began the site - planning layout, it was discovered that two of the cottages did not work as they desired. He said the applicant pursued the 21 cottages, and they were approved. Deputy Director Lawrence said that the applicant is before the Commission this evening for a slight revision to allow those original two cottages to be relocated on the property. Commissioners asked if the setbacks could be met. Deputy Director Lawrence replied that the applicant will meet the standard 15' setback. Mr. Joe Kelsey, an adjoining property owner at 107 Rugby Place, said that when he purchased his residence, it was with the understanding that there would be no construction behind him, that the numerous trees would remain, and a 100' buffer would be adhered to. He did not think it was fair to change the plan at this point because the developer can not place two units in up at the other end. Mr. Kelsey stated that not only have they cut trees down, they've created a ground elevation six -foot higher than what is was originally. Mr. Mark Smith of Greenway Engineering, representing Westminster - Canterbury, said that they have maintained the 100' setback to the back of Mr. Kelsey's property line. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the revision of Master Development Plan 901 -01 of Westminster- Canterbury to allow the two cottage locations. • Subdivision Application 924 -01 for Stonebrook, L. C., submitted by Greenway Engineering, to subdivide a 20.8559 -acre tract into three lots: two single - family lots and one lot retained for the fitness club. The property is located on the west side of Jones Road (Rt. 621) ±500' north of the intersection with Stonebrook Road and is identified with P.I.N. 62 -A -51 in the Back Creek District. Action - Recommended Approval Planning Director Evan A. Wyatt stated that the Stonebrook subdivision predates the County's Master Planning requirements, therefore, any further subdivision of land zoned RP would require Board of Supervisors' approval. Director Wyatt said the Health Department has approved each of the properties for health sites. He believed the most significant issue involved with this request was that the vast majority of both lots falls within the Opequon Creek flood plain area; he pointed out that developing these lots may be fairly cost prohibitive to bring building sites up out of the flood zone. Commission members inquired whether the lots were intended for houses and whether a County policy existed regarding the development of property within a flood plain. Director Wyatt's understanding was that the lots were of no use to the Fitness and Racquet Club facility for expansion and their intention was to subdivide it for building lots. Director Wyatt was unaware of a County policy regarding development within a flood plain. Frederick County Planning Commission Minutes of December 19, 2001 Page 773 -11- Mr. Mark Smith of Greenway Engineering, representing the applicant, stated that the subdivision ordinance requirements have been met; they have received approved perc sites and all Health Department approvals; access is available; and despite the fact that the majority of the proposed lots are within the floodplain, there are building sites available outside of the floodplain on each lot. The applicant's representative added that there is an existing contract to purchase both lots by an engineering and surveying professional who is aware of the floodplain situation. speak: Chairman DeHaven called for public comments and the following person came forward to Ms. Joan V. Schroeder, adjoining property owner at 2344 Jones Road, said that she owns the farmhouse from which these two lots were originally carved. Ms. Schroeder said that she has seen both lots completely flooded on four separate occasions. She inquired if FEMA flood plain boundaries were determined for this application; she commented about a reference made in the application to a dry hydrant being placed in the Opequon Creek for fire protection; and she was concerned about destruction of the integrity of the Opequon Creek if the lots are re- graded to accommodate housing. Some of the Commissioners were not in favor of approving lots within floodplain areas, while other Commissioners believed that their role was to determine whether or not the plat met the requirements of the subdivision ordinance. Other Commissioners believed they could vote in favor of the subdivision based on the fact that building sites on each of the lots were found outside of the floodplain area. Upon motion made by Mr. Thomas and seconded by Mr. Unger, . BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Subdivision Application 424 -01 for Stonebrook, L. C., submitted by Greemvay Engineering, to subdivide a 20.8559 -acre tract into three lots: two single - family lots and one lot retained for the fitness club, as submitted by the following majority vote: YES (TO APPROVE) Rosenberry, Triplett, Kriz, Ours, Thomas, DeHaven, Light, Moms, Unger NO: Fisher, Watt l Frederick County Planning Commission Minutes of December 19, 2001 Page 774 -12- 40 ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 10:30 p.m. by unanimous vote. Respectfully submitted, Evan A. W tt, Secreta O'O.'j,,Aa66 Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of December 19, 2001 Page 775