PC_02-06-02_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 February 6, 2002.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall 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; Pat Gochenour, Red Bud
District; Marie F. Straub, Red Bud District; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; and Vincent DiBenedetto, Winchester
City Liaison.
STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Jeremy
F. Camp, Planner II; Abbe S. Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INTRODUCTION OF PAT GOCHENOUR AND MARIE STRAUB, NEWLY APPOINTED
COMMISSIONERS TO THE RED BUD DISTRICT
On behalf of the entire Planning Commission, Chairman DeHaven welcomed the two newly
appointed Planning Commissioners representing the Red Bud District, Ms. Pat Gochenour and Ms. Marie
Straub.
MEETING MINUTES - DECEMBER 19, 2001
Upon motion made by Mr. Kriz and seconded by Mr. Triplett, the minutes of December 19,
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2001 were unanimously approved as presented.
Frederick County Planning Commission
Minutes of February 6, 2002
Page 798
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PUBLIC HEARINGS
2002 -2003 Capital Improvements Plan (CIP). The CIP is a prioritized list of projects requested by
numerous County agencies, to be reviewed for potential allocation in the ensuing five -year period. The
plan is created as an informational document to assist in the development of the County's annual budget.
The CIP.is an advisory document; projects are not necessarily funded because of their inclusion in the
CIP.
Action - Recommended Approval
Deputy Planning Director, Eric R. Lawrence, stated that the proposed 2002 -2003 Capital
Improvements Plan (CIP) was brought to the Planning Conunission and the Board of Supervisors last month
as a discussion item, and both the Commission and Board instructed the staff to proceed with advertisement
for a public hearing. Deputy Director Lawrence briefly reviewed the plan and some of the highlights of his
review included: the CIP includes 28 projects; total capital costs are $165.2 million, including $67.9 million
estimated project costs and $55.5 million estimated debt service over the next five years; new project requests
include: a newwestern county library; a parking lot expansion and sidewalk extension for the Bowman Library;
the relocation of Round Hill Fire and Rescue; and the construction of a new fire station on Fairfax Pike, within
a County Administration annex. He added that the top five projects of the CIP include the Millbrook High
School, the James Wood Middle School Renovations, the Public Safety Center, the fourth middle school
construction; and the Airport Road relocation construction.
There were no public comments.
• No issues of concern were raised and the Commission believed a recommendation of approval
was appropriate.
Upon motion made by Commissioner Ours and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
to the Board of Supervisors the adoption of the 2002 -2003 Capital Improvements Plan for Frederick County
as presented by the Comprehensive Plans and Programs Subconunittee.
Rezoning Application 907 -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 1 -81 on the west and Martinsburg Pike on the east
and south; it is identified with P.I.N.s 43 -A -96; 43 -A -97; 43 -A -98; 43/ -A -99; 43 -A -100; and 43 -A -111 in
the Stonewall Magisterial District.
Action - Reconunended Approval
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Frederick County Planning Commission
Minutes of February 6, 2002 Page 799
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Chairman DeHaven announced that as an adjoining property owner, he was going to abstain
from discussion and voting on this item, due to a possible conflict of interest.
Commissioner Light said that he also was going to abstain from discussion and voting on this
item, due to a possible conflict of interest.
Chairman DeHaven pointed out that since Vice Chairman Thomas was not present, he would
entertain a motion to elect Commissioner Morris as the temporary chairman to handle the upcoming item. A
motion was made by Commissioner Kriz, seconded by Commissioner Ours, and unanimously passed to have
Commissioner Morris act as the temporary chairman on this application.
Deputy Planning Director, Eric R. Lawrence, stated that the Planning Commission reviewed
this rezoning application at their meeting of November 7, 2001, at which time the Commission tabled the
rezoning because significant transportation issues were a concern. Deputy Director Lawrence said that the
applicant has since submitted a revised transportation impact analysis and a revised proffer statement that
addresses the concerns of both the Planning Staff and VDOT. He stated that the revised proffered conditions
provide for the installation of a traffic signal at the southbound ramp for I -81; a more defined time frame as
to when the traffic improvements would be completed; and right-of-way dedication along 1 -81 to accommodate
the planned I -81 improvement project. He said that the Planting Staff and VDOT are comfortable with what
has been done by the applicant and believe that the proposal will mitigate the traffic impacts in this area.
Commissioner Rosenberry inquired if and when the Board of Supervisors extended the Sewer
and Water Service Area (SWSA) to this property. Deputy Director Lawrence noted that when the Urban
Development Area (UDA) was established with the SWSA in the late 1980's, this particular site was included
• in the initial SWSA of the County. In addition, he said that when the Route 11 North Study was undertaken
in 1996, that plan reaffirmed that this area was within the SWSA; most recently, the Northeast Land Use Plan,
adopted last year, along with the Comprehensive Plan Update in 2000, included this property within the SWSA.
Conunissioner Gochenour was concerned about the source of water for the proposed
development; she was not certain that a viable water source existed for the proposed development. She was
also concerned that the property was in a karst area with sink holes and limestone out- croppings.
Cormmissioner Gochenour did not believe this area was appropriate for the construction of parking lots,
buildings, and roads. Commissioner Rosenberry shared Conunissioner Gochenour's concern for the water
situation.
Mr. Homer Coffman, Assistant Resident Engineer with VDOT at Edinburg, came forward to
provide additional comments relative to the interchange in the Rt. 1 l corridor immediately south of the
Rutherford Project. Regarding signalization, he said that a VDOT engineer is working on the Crown, Cork,
& Seal signal, the Welltoxvn Road signal, the northbound off -ramp signal; and has tied -in the Park Center Drive
signal. Specifically, Mr. Coffman said a master device has been installed to control all four signals and VDOT
will continue to monitor those and make adjustments, which involve increased greens for left -hand turn lanes
and a "penuissive left" for the Park Center Drive signal. Regarding the northbound and southbound off - ramps,
Mr. Coffman said they are aware that the applicant's traffic impact analysis shows a Level of Service (LOS)
"F" during peak hours in the evening and they are attempting to improve that through signalization. He said
they are also pursuing other investigations for improvement methods, possibly improved lane markings or
increased stacking in left -hand turn lanes. Finally, with regards to 1 -81 widening, Mr. Coffman said that
VDOT does not have any firm 1 -81 plans in -hand detailing what and how it is to be widened, nor do they have
Frederick County Planning Commission
Minutes of February 6, 2002 Page 800
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a definite time frame.
• Chairman Morris inquired what was proposed for southbound 81 from Rt. 11, in regards to
this particular application. Mr. Coffman said the applicant has proffered to Frederick County the installation
of a signal at the intersection of the southbound off -ramp which will incorporate the movement on southbound
81. He said the signal is to be installed "when warranted" by VDOT and is not tied to a specific number.
Mr. Mark Smith ofGreemvay Engineering, representing the Rutherford's Farm Industrial Park
rezoning application, spoke briefly about the inclusion of a lighting proffer and their attempts to work in as
many comments from the adjacent property owners as they could. Mr. Smith pointed out the various proposed
zoning designations on a map of the site and also pointed out a graphic of the type of road improvements
proposed. Mr. Smith estimated approximately $1.2 - $1.5 million in road improvements are proposed; he said
that when the first site plan comes in, a warrant analysis will be submitted to Frederick County and VDOT and
if improvements are needed to maintain a LOS "C," those improvements will go in with that plan. He stated,
however, that when the second site plan is submitted, all the improvements will be bonded and completed.
speak:
Chairman Morris called for public comments and the following persons came forward to
Mr. Mike Weber, a resident of Stonewall District, stated that his business, Weber's Nursery,
was located across the road from the proposed development. Mr. Weber inquired if it was possible for the
proposed development's traffic to enter and exit from the rear of the property to Rt. 37. He believed 50% of
the traffic congestion on Rt. 11 could be alleviated, if this was possible. Mr. Weber elaborated on the severe
traffic problems in this area that needed to be rectified. He was also concerned about contamination of the
• ground water supply because of the karst topography on this site.
Mr. James D. Stillwell, ,a resident of Stephenson and President of the Wine - Stillwell
Corporation, stated that he spoke before the Commission at their November 7, 2001 meeting regarding design
standards and master planning for this property. Mr. Stillwell followed his comments up with a letter, which
he submitted to the Conunission, and asked that it also be forwarded to the Board of Supervisors. He said that
he met with Mr. Smith and the developer to discuss the rezoning and he was in favor of the rezoning with
caveats: architectural and landscaping design standards needed to be established; efforts needed to be made
towards improvement of the visual image approaching the City of Winchester; and buffer protection was
needed for the back sides of the adjacent residential properties. Mr. Stillwell also preferred to see a master plan
for the entire area, including the adjoining Carroll and Zuckerman properties, submitted up front, which
included traffic flow patterns. In conclusion, Mr. Stillwell asked the Board of Supervisors and the Planning
Commission to establish guidelines for visual beautification and better planning.
Mrs. Pam Kennedy, a resident of Gainesboro District, was also concerned about water
availability, traffic congestion, and the maintenance of the quality of life in the County. Mrs. Kennedy believed
there was a point when there was too much development and this particular area was already over- saturated;
she did not believe the solution was to add additional lanes or accesses on the interstate. Mrs. Kennedy
believed that the Commission should know at the time of rezoning, what type of businesses will be established
and their water requirements. She questioned whether the Sanitation Authority was the best place to seek
information on water issues.
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Frederick County Planning Commission
Minutes of February 6, 2002 Page 801
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Mr. David Darcey, a resident of Stonewall District, believed this was one of the better sites
in the Northeast Land Use Plan for development, however, he believed there were severe transportation
problems and water issues that needed to be addressed. Mr. Darcey was concerned that this was just the
beginning of the future development of this area. He wanted the Board of Supervisors and the Planning
Commission to go back and re- examine the Comprehensive Policy Plan and the Northeast Land Use Plan.
Mr. Kevin Kennedy, a resident of Gainesboro District, agreed with Mr. Darcey that the
property seemed to be an ideal location for industrial or business growth; however, he believed it needed better
planning and it needed to be incorporated into an overall master plan for the whole area. Mr. Kennedy believed
the water issues, traffic concerns, and aesthetics were all excellent points to be considered.
Mr. R. J. Turner, the broker for the property owners, the Duncan, recalled that everyone
applauded the recent Kraft Foods expansion and he said it will probably use more water than any conceivable
user on the Duncan tract. In addition, Mr. Turner gave the following facts: this site is rail -served with 54 acres
on the west and 50 acres on the east; this site has the shortest distance from an interchange than any other
commercial/ industrial site, which will disrupt the least number of residential people; the land is flat; pre -zoned
sites are necessary to attract business, there are no other industrial sites in Frederick County larger than this,
there are 55 acres in Fort Collier and about 150 acres in Stonewall, however, they are not rail - served; and
finally, every railroad car is the equivalent of eight trucks for in- and -out delivery. Mr. Turner asked the
Commission to take this information into consideration,
Commissioner Fisher spoke about the industrial needs of the area and the lack of available
suitable sites; he believed it was an issue as far as the County's tax base was concerned. He pointed out the
County's continued residential growth that will need to be supported in some form. He stated that existing
• properly - zoned and suitable sites are essential to attract business and industrial prospects. Commissioner
Fisher pointed out that with recent changes in technologies, some industrial processes may not be as detrimental
as they were once thought to be and the County needs to be open to the possibilities. Commissioner Fisher
believed that one of the things that Frederick County has had going for it in the past is its diversity of industry.
He commented that because of sites similar to this one, Frederick County has a variety of industry and business
that allows our economy to continue to thrive. He believed the need for this property to be rezoned to an
industrial use overweighs his concerns with the other issues.
Other Commissioners agreed with Commissioner Fisher's comments. Commission members
also appreciated Mr. Stillwell's comments about the need to establish design standards for future industrial
sites.
Upon motion made by Commissioner Unger and seconded by Commissioner Fisher,
BE IT RESOLVED, That the Frederick County Planning Conunission does hereby recommend approval, by
a majority vote, of 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 MI (Light Industrial); 23.2 acres of B2 (Business General); and 14.5 acres of B3 (Industrial
Transition); this property is identified with P.I.N.s 43-A-96,43-A-97; 43 -A -98; 43 -A -99; 43 -A -100; and 43 -A-
I I I in the Stonewall Magisterial District. "
•
Frederick County Planning Commission
Minutes of February 6, 2002 Page 802
ONE
• The vote on this application was:
YES (TO APPROVE) Triplett, Fisher, Kriz, Ours, Morris, Unger, Watt
NO: Rosenberry, Gochenour, Straub
ABSTAIN DeHaven, Light
A motion was next made by Commissioner Ours, seconded by Commissioner Triplett, and
unanimously passed to make Mr. James D. Stillwell's letter, dated November 8, 2001, a part of the official
record.
At this point, Chairman DeHaven resumed the conduction of the meeting.
PUBLIC MEETING
• Request for a waiver to increase woodlands disturbance on Lot 4 in the Westview Business Center
submitted by Mr. Mark Smith of Greenway Engineering. The property consists of 35.62 acres, zoned
Ml, and is identified with P.I.N. 64- A -159F.
Action - Recommended Approval
Deputy Planning Director Eric R. Lawrence said this request was received from Greenway
Engineering on behalf of Westview Business Center and involves an increase in woodlands disturbance up to
38% (4.2 acres) in the master planned area in order to more fully develop the property for light industrial use.
Director Lawrence stated that if the Planning Commission found this request to be appropriate, the Planning
Staff would reconunend that the Commission include in the recommendation a statement requiring a survey
description of the perimeter tree -save area which would assist in site plan review. Deputy Director Lawrence
added that the applicant has provided documentation from the Winchester Regional Airport stating that the
airport has no objections to the tree removal request.
Commissioner Gochenour expressed concern about the removal of trees for the sole reason
of providing additional industrial sites. She expressed concern about additional paving, increased water run-
off, and additional buildings. Commissioner Gochenour was also concerned about the possible degradation of
the existing pond and increased water run -off, if additional trees were removed.
Commissioner Rosenberry inquired how the 25% woodlands disturbance designation in the
ordinance came about. Planning Director Evan A. Wyatt noted that the 25% designation was on the books
prior to 1989. Director Wyatt commented that when an area is already zoned and master planned, and is
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Frederick County Planning Commission
Minutes of February 6, 2002 Page 803
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targeted to focus industrial and commercial development, it is not surprising that the subsequent development
A& will use a considerable amount of land. He explained that in Frederick County, and most of suburbia, for
example, the tendency is to build out instead of up and surface parking is used in lieu of parking garages.
Director Wyatt advised that this is one reason why there is a need to review the woodlands ordinance and revise
it to protect the maximum amount of woodlands possible, while making the maximum use of the land that is
already slated for development.
Mr. Mark Smith ofGreenway Engineering, representing the owners of the Westview Business
Park, stated that no specific user has been identified at this time. He said that, the illustration in the agenda
package was a previous potential user who decided the site was unuseable for their purposes. Mr. Smith
explained that when they did the layout, they realized something needed to be done to provide good, reasonable
pad sites and they conducted the grading study. Mr. Smith said their proposed layout covers all the level areas
of the site; he noted that quite a bit of buffering and screening remains around the perimeter of the site.
Commissioner Unger asked if a trade -off could be accomplished with some street trees. Mr.
Smith believed they could supplement additional trees on Independence Drive.
Commissioner Rosenberry was opposed to the waiver and believed the applicant should adhere
to the ordinance requirements; he commented that trees within this wooded area were not entirely comprised
of scrub trees.
There were no public continents.
Upon motion made by Conunissioner Light and seconded by Commissioner Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
the request for a waiver to increase woodlands disturbance on Lot 4 in the Westview Business Center of up
to 38% (4.2 acres) in the master planned area in order to more fully utilize the property for light industrial use,
contingent on the submittal of a survey description of the perimeter tree -save area to ensure that subsequent
site development plans do not encroach into this area.
This waiver request was approved by the following majority vote:
YES (TO APPROVE) Watt, Unger, Morris, Light, DcHaven, Ours, Kriz, Fisher, Triplett
NO: Straub, Gochenour, Rosenberry
Request for a waiver to the Zoning District Buffer Requirements of the Frederick County Zoning
Ordinance, submitted by Mr. Timothy G. Painter of Painter- Lewis, P.L.C., on behalf of Hilltop House
Adult Care Facility, located at 1811 Berryville Pike in the Stonewall Magisterial District.
Action - Approved
Planner Jeremy F. Camp stated that the staff has received a letter from Timothy Painter of
Frederick County Planning Commission
Minutes of February 6, 2002 Page 804
Painter - Lewis, P.L.C., requesting the County to consider approving a waiver to the zoning district buffer
• requirements for the property of Hilltop House Adult Care Facility. Planner Camp explained that if approved,
the waiver would allow a portion of the parking lot to extend into the 25 -foot inactive portion of a zoning
district buffer between the B2 (Business General) and RP (Residential Performance) Zoning Districts. He said
during site plan review, the staff identified a portion of the parking lot, approximately 10 to 15 feet, which
intrudes into the required buffer area.
Ms. Sara Saurino, project designer with Painter - Lewis, P.L.C., the design firm representing
the Hilltop House Adult Care Facility, pointed out the site layout for the Conunission. Ms. Saurino explained
that this site has had several face -lifts in the past and the last time design work was done, it was advised that
if additional work was done, the entrance would need to be moved onto Denny Lane. She pointed out the new
entrance. She said that the eight additional parking spaces are not required, but are overflow spaces needed
for additional visitors over holidays and special occasions. Ms. Saurino stated that they have provided the
full landscaped screen along the buffer line, behind it will be a six -foot board -on -board fence, and, in addition,
all of the existing, undisturbed vegetation will remain in front of the fence and full buffer screen, providing a
three -fold screen.
Commissioner Unger inquired if the adjoining property owners were contacted to inform them
of Hilltop's plans. Mr. Timothy Painter, of Painter - Lewis, P.L.C., said that he has not personally contacted
the adjoining property owners, however, he knows the owners of Hilltop House have spoken with them on many
occasions to discuss the project.
There were no public continents.
Commissioner Light believed the new entrance created a safer access and was visually more
•
attractive for the facility.
Other than questions about whether adjoiner notification on waivers was required by the
ordinance, no other issues of concern were raised by the Commission.
Upon motion made by Mr. Light and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the
request for a waiver to the Zoning District Buffer Requirements of the Frederick County Zoning Ordinance,
submitted by Mr. Timothy G. Painter of Painter- Lewis, P.L.C., on behalf of Hilltop House Adult Care Facility,
located at 1811 Berryville Pike in the Stonewall Magisterial District, to allow the parking area to protrude into
the buffer area by approximately 10 to 15 feet.
DISCUSSION ITEMS
Discussion pertaining to a proposed amendment to the Frederick County Zoning Ordinance to
allow public schools in the B2 (Business General) Zoning Districts.
Frederick County Planning Commission
Minutes of February 6, 2002 Page 805
No Action Required
Planning Director Evan A. Wyatt stated that at their meeting of January 24, 2002, the
Development Review and Regulations Subcommittee (DRRS) considered a request submitted by G.
W. Clifford & Associates, Inc. on behalf of the Frederick County Public Schools for consideration of
an ordinance amendment to allow "schools" as a permitted use in the B2 Zoning District. Director
Wyatt reported that the proximity to residential land uses, the ability to be served by public water and
sewer, the location along road systems designed to accommodate larger volumes of traffic, and the
potential to allow for pedestrian movement to nearby services were cited as reasons for permitting this
land use in the B2 Zoning District. Director Wyatt said the DRRS unanimously recommended the
addition of schools with or without residential components in the B2 District.
Commissioner Ours suggested defining schools specifically as either "for -profit
schools" or "non- profit schools;" he expressed concern about "non- profit schools" in a B2 Zoning
District because it would be removing land that has been "comprehensive planned" to be revenue -
generating land and putting in a use that will not generate revenue.
Both Commissioners Morris and Straub were not in favor of public schools in B2
Districts because of compatibility issues and traffic concerns. Ms. Straub cited possible problems with
the intermixed traffic of strip malls and convenience stores competing with schools buses and
inexperienced student drivers. Another suggestion was to allow it using a conditional use permit.
Chairman DeHaven said his initial reaction was to just downzone the property,
however, the more he thought about it, the less concern he had with it. Chairman DeHaven advised
that the public school system is going to be the contract purchaser of the property and he had
confidence in the school system not to develop any portion of the property in a way that would
endanger or impede their mission, which is the education the community's children.
Commissioner Unger reported that the DRRS discussed this issue in great detail and
when everything was taken into consideration, the only negative side was the price of the B2 property.
He said that the B2 land would cost more, but if lower- priced RA land was acquired, additional
expenses would be required for digging wells, hauling sewer, improvement of roads, etc.
Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, Inc., representing the
Frederick County School System, was present, along with Al Orndorff, Administrative Assistant to
the Superintendent of the Frederick County Public School System. Mr. Maddox said that the school
system targets the area geographically best served and initiates a search of all possible available sites.
He said that the very best site happens to be a 132 -zoned site; he said that the school system has the
ability to judge whether this is the best site or not from a long -term developmental view. Mr. Maddox
was confident they could deal with the issues that may arise in a B2 Zone. He cited the excellent
traffic characteristics, water and sewer availability, and the price. He pointed out that the City of
Winchester's ordinance allows public schools in a B2 Zone, as well as Clarke County. Mr. Maddox
commented that due to topographic constraints, there are not many sites in this geographical area to
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Frederick County Planning Commission
Minutes of February 6, 2002 Page 806
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choose from; he believed this was an ideal site for the school's use and it met all of their conditions.
• No action was taken or required by the Commission at this time.
Discussion regarding a proposed amendment to the Frederick County Zoning Ordinance to
modify residential toad efficiency buffer requirements.
No Action Required
•
Planning Director Evan A. Wyatt advised that staff has concerns with the current
requirements for road efficiency buffers, including disparity between full'and reduced vegetative
planting requirements, the spacing requirements for plant materials, and the ability to placethis feature
within residential lots. Director Wyatt said this issue was discussed by the Development Review and
Regulations Subcommittee (DRRS) in October 2001, and again in January of 2002, and concurred
with the concerns raised by the staff. He explained that the DRRS considered proposed amendments
to alleviate these issues, while providing flexibility to the development and design community, and
those were included in the Commission's agenda for discussion. Director Wyatt said that the design,
development, and engineering community was also given the opportunity to review the amendment
proposal and they believed it was well written and had no concerns. Director Wyatt reviewed the
proposed zoning ordinance amendment in detail with the Commission. The following points were
highlighted by Director Wyatt: the staff and DRRS's rewrite of the road efficiency buffers section of
the ordinance is only applicable to a residential setting; it requires the road efficiency buffer to be
located outside of individual lots; it creates useable land space of the remainder of the land for the
property owner; it creates more parity in the type of landscaping measures necessary; it clearly defines
the types of road systems used and those definitions are consistent with the County's Comprehensive
Plan.
Commissioner Morris inquired if the inactive space would become a part of the
homeowners associations' responsibility for maintenance. Director Wyatt replied this was correct;
it would become part of the open space and, therefore, an association would control and maintain the
land. Commissioner Morris also asked if the land could be used toward the developer's requirement
for open space and Director Wyatt replied that it could.
Chairman DeHaven believed the committee and staff did an outstanding job and
believed this was a "win -win" situation for everyone involved.
Director Wyatt said that staff would forward the Commission's comments to the Board
of Supervisors for discussion.
•
Frederick County Planning Commission
Minutes of February 6, 2002 Page 807
OTHER
Raven Pointe MDP Revisions - Request for Additional Time
Action - Approval of a Waiver to the Time Restriction
Planning Director Evan A. Wyatt said that the Planning Commission considered a
revision to the Ravens Master Development Plan (MDP) on December 19, 2001 and during the
presentation, there were several concerned citizens who spoke. Director Wyatt said that Mr. Petry and
Mr. Maddox, who represent the owners of the development, requested additional time to work out
some of the issues with the residents who spoke. He said that the Commission granted a 60 -day
tabling at the applicant's request- Director Wyatt advised that the 60 -day time period is up at the
Commission's second meeting in February and Mr. Maddox has requested additional time. He said
that Mr. Maddox needs more time to meet with the property owners in the existing subdivisions and
to make sure all concerns are understood. Director Wyatt said that the Planning Commission had also
requested a pedestrian access plan and Mr. Maddox needs additional time to finalize that work also.
Director Wyatt said that the letter received from Mr. Maddox requests a tabling of their application
until the Commission's April 17, 2002 meeting, but they would not object to a waiver of the time limit
restrictions altogether.
Mr. Charles W. Maddox of G. W. Clifford & Associates, Inc. requested that the
Commission allow a waiver of the time limit restrictions.
• Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the
Commission unanimously agreed to waive the time limit restrictions for the Raven Pointe MDP
Revisions per the applicant's request.
Adininist•ative Approvals of Site Plans
Planning Director Evan A. Wyatt inquired if the Commission believed it would be
beneficial for them to receive copies of site plan approval letters on projects occurring in their
particular district. Commission members believed it would be very helpful and requested that the
staff send the copies digitally to those with access to email.
Introduction of Abbe S. Kennedy, Senior Planner
Planning Director Evan A. Wyatt introduced the Planning Department's newly -hired
Senior Planner, Abbe S. Kennedy, who began employment on January 28, 2002. Director Wyatt said
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Frederick County Planning Commission
Minutes of February 6, 2002 Page 808
_12_
that Mrs. Kennedy will be focusing her efforts with issues regarding comprehensive planning and
master planning.
On behalf of the entire Commission, Chairman DeHaven welcomed Mrs. Kennedy to
the Planning Department.
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 9:10 p.m. by
Respectfully submitted,
I . ,-
Evan A. Watt, Sccretai
C-L" '� &A. �
Charles S. DeHaven, Jr., Chairman
Frederick County Planning Commission
Minutes of February 6, 2002
Page 809