PC_09-18-02_Meeting_MinutesMEETING MINUTES
• OF THE
COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on September 18, 2002.
PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; George J. Kriz, Gainesboro District;
Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Robert A. Morris, Shawnee
District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon
District; William C. Rosenberry, Shawnee District; and Jay Cook, Legal Counsel.
ABSENT: Roger L. Thomas, V ice Chairman / Opequon District; John H. Light, Stonewall District; Gene
E. Fisher, Citizen at Large; Cordell Watt, Back Creek District; Vincent DiBenedetto,
Winchester City Liaison, and Robert Sager, Board of Supervisors' Liaison.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe Kennedy, Senior Planner; Patrick T.
Davenport, Zoning & Subdivision Administrator; Rebecca Ragsdale, Planner]; and Renee' S. Arlotta, Clerk.
• CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
PUBLIC HEARING
Rezoning Application #10 -02 of the Village at Harvest Ridge, submitted by Gilbert W. Clifford &
Associates, Inc., to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District.
This property is located south and adjacent to Cedar Creek Grade (Rt. 622) bordering the City/ County
line, and is identified with P.I.N. 63 -A -2. An adjoining 9.82 -acre tract, zoned RP and identified with
P.I.N. 63 -A -3, is submitted for proffer amendments to the residential density. The combined tracts,
totaling 26.74 acres, are in the Shawnee Magisterial District.
Action - Tabled at the Applicant's Request
Commissioners Unger and Ours said thatthey would be abstaining from all discussion and
voting on this application, due to a possible conflict of interest.
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® Planner Abbe S. Kennedy gave the background information and review agency comments.
Planner Kennedy stated that the 26.74 -acre total site is within the County's Urban Development Area (UDA)
and the Sewerand Water Service Area (S W SA); the site is located along a major collector road, and is adjacent
to the City of Winchester. She said the intended use of the property is for a total of 90 single- family small lot
units on Parcels 63 -A -2 and 63 -A -3 and of significance, is the proffer of use as an age - restricted community,
which minimizes the permanent residence of school -age children. She said the proffer stipulates that 80% of
the occupied housing units have an occupant who is 55 years or older and no unit shall be occupied by a child
under the age of 19 as a permanent resident.
Planner Kennedy continued, stating that the proposed use is consistent with the UDA
expansion of 1999, however, atthe time of UDA expansion, a condition was included thatthe development of
this property provide access from Cedar Creek Grade to a connection with the Westridge Subdivision to insure
improved public services through a complete road network. She noted that at the Planning Commission's
public hearing of 1999, the Commission believed the direct access to the Frederick County portion of the
development via Cedar Creek Grade, was most important so that County public service personnel would not
have to traverse City streets in order to reach the development.
Planner Kennedy reported that the review agency comments were generally favorable. She
read the list ofproffers offered by the applicant. She concluded by pointing out five prevailing issues that were
still of concern to the staff. Those issues involved direct connections for County emergency response vehicles,
storm water management clarification, perimeter buffering, preservation of existing trees, and issues regarding
the recreational amenities, the hiker trail and sidewalks.
There were a few questions from Commission members for the staff. Commissioner Straub
asked if the roads in the adjoining Westwood subdivision were state- maintained and secondly, what would
prevent residents of the proposed subdivision from using the emergency access to Cedar Creek Grade. Planner
Kennedy replied that Westwood subdivision roads are in the City of W inchesterand are maintained by the City,
however, the roads in the proposed development are intended to be private and would be maintained by the
homeowners association. Planner Kennedy explained that the proposed revised proffers indicate that residents
of The Village at Harvest Ridge would traverse City streets to get to Cedar Creek Grade; the direct access
would be for emergency vehicles only.
Commissioner Rosenberry asked for the reason why, at the time of the previously- approved
proffers, the Commission was interested in the direct access to Cedar Creek Grade. Commissioner Morris
replied that the development proposed was for 12,000 square -foot single - family lots and would require County
school buses to traverse City streets. Commissioner Morris commented that the change of use to an age -
restricted community obviously eliminates the school bus issue.
Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, Inc., the design engineering
firm representing the property owners, Mr. Frederick Glaize, Mr. James Vickers, and Mr. James Wilkins, III,
presented the rezoning proposal to the Commission. Mr. Maddox described for the Commission the style and
size of the proposed homes, the proposed setbacks, buffering, and screening for existing adjacent homes, and
storm water management design. Regarding the street system, Mr. Maddox said that replacing the state -
maintained roads within this small lot, age- restricted developmentwith private streets, will el iminatethe need
to build a new state intersection on Cedar Creek Grade. He explained that the need for a second public
intersection on Cedar Creek Grade relatively near the City intersection would be redundant. He stated that the
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need to bring traffic in at two points is eliminated because the trips - per -day count for an age- restricted
® community is very low compared to traditional housing. In addition, Mr. Maddox bel ieved it would not be the
best transportation planning; he said that Cedar Creek Grade is a major collector roadway and needs to be
unburdenedbyintersections. Mr. Maddox added that they will be able to meet the County's 800'requirement
from a publicly- maintained road with the two connections provided from the City. He further added that the
City has agreed to the City street connections.
Chairman DeHaven recalled that the Board's decision to include the 16 -acre tract within the
UDA was contingent upon a connection to Cedar Creek Grade. He commented that with the type of housing
now proposed, the Board's viewpoint may be different; however, Chairman DeHaven believed the decision
made by the Board was that it was Contingent on that occurring and this will be an issue that will need to be
resolved. Chairman DeHaven commented that since a commercial entrance was going to be constructed on
Cedar Creek Grade for emergency vehicles regardless, he believed the same amount of woodlands would be
breeched.
Mr. Maddox next discussed the proposed agreement and boundary line adjustment that his
clients were working out with Mr. R. J. "Turner, the owner of the adjacent historic Homespun property. Mr.
Maddox described how adding a side yard to Mr. Turner's property and taking Homespun's rear yard and
putting it into their project creates a good situation for both parties. Mr. Maddox said that since the Homespun
property is zoned agricultural, they would need to do a boundary line adjustment in order to implement the
agreement, which they intend to do prior to the Board of Supervisors' hearing.
Chairman DeHaven pointed outthat part of Mr. Maddox's boundary line adjustment process
would be to remove some ofthe acreage included in the current rezoning application and adding some acreage
that has not been included in this current rezoning. The Planning Commission's legal counsel, Mr. Jay Cook,
• determi tied that the rezoniit application would have to be re-advertised afterthe boundary I me adjustment has
been completed. In consideration of Mr. Cook's advice, Mr. Maddox stated he would request that the Planning
Commission table the rezoning this evening until they can properly take care of the advertising requirements.
Chairman DeHaven called for citizen comments and the following persons came forward to
speak.
Mr. Tony Duvello, resident on Westview Lane in the Westwood II subdivision, did not want
Westview Lane to be used as a cut - through, because he believed it would negatively impact the value of his
home. On the other hand, Mr. Duvello also believed there was some relevance to not having a direct access
to Cedar Creek because of the possibility of creating an additional opportunity for cut - through traffic.
Mr. R. J. Turner, owner of Homespun, spoke about the boundary line adjustment agreement
and a lot purchase he hoped to work out with the owners of the Village at Harvest Ridge. Mr. Turner stated
that his wife would like to construct a series of gardens around Homespun and, in order to accomplish this, he
will need a small piece of property to the west for parking. Mr. Turner added that he already has water and
gas, however, he will need a sewer hook -up and a water line for fire suppression.
Mr. George Cather said that his fain ily owns property on two sides of the proposal. Mr.
Cather's main concern was for a buffer and /or fencing to screen his property.
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Mr. John Elliott, an adjoining property owner, asked for additional explanation on the reason
® for the proposed private road in this development. He believed the connection to Cedar Creek Grade would
be dangerous because of a blind curve located at the proposed access point. Mr. Elliott was also opposed to
his street becoming a cut - through.
Mr. Maddox returned to the podium to address some ofthe concerns raised by the citizens who
spoke. He described the emergency access at the rear of the property; he stated their intention of replanting
landscaping trees throughout the entire boundary and that the MDP will include a significant landscaping plan.
Regarding the comments relating to "cut- through" traffic and whether the proposed road should be state -
maintained or not, Mr. Maddox commented that this has been a central design issue. He said the ability to cut
from Middle Road to Cedar Creek Grade has the potential of changing the road classification from a local
street to a major or minor collector and the road through the age- restricted community would not be designed
for that purpose. Mr. Maddox commented that neither the County's nor the City's Comprehensive Plan
proposes to 1 ink these two roads with a major collector roadway; he said the private street recommendation he
presented essentially eliminates that possibility within the County, although a linkage still exists in the City.
In conclusion, Mr. Maddox also commented that Cedar Creek Grade is one of the last unspoiled accesses into
Winchester and Frederick County; he believed a 20' grassed road for emergency access could easily be
implemented with little impact; however, a 50' -60' right -of -way with a 40' street with curb, gutter, and
sidewalks would be an entirely different issue. Mr. Maddox believed this was an aesthetic issue for corridor
planning.
Because of the legal advertising issue and the issues raised by the citizens and Commission
members, Mr. Maddox requested that his application be tabled until he could address the concerns.
® Upon motion made by Commissioner Morris and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to honor
the applicant's request fortabling of Rezoning Application # 10 -02 of the Village at Harvest Ridge, submitted
by Gilbert W. Clifford & Associates, Inc., to rezone 16.92 acres from RA (Rural Areas) to RP (Residential
Performance) District for a period of time to be determined by the applicant.
(Note: Commissioners Unger and Ours abstained from voting.)
Conditional Use Permit #10 -02 of Shenandoah Mobile Company for a 150' monopole telecommunications
facility. This property is located at2201mboden Drive (Schrock Bus Tom rs) and is identified with P.LN.
54 -7 -7A in the Stonewall Magisterial District.
Action - Recommended Approval with Conditions
Planner Rebecca Ragsdale stated that the proposed 150'monopole telecommunications facility
will be located at the end of Imboden Drive in the Baker Lane Industrial Park, adjacent to Interstate 81; the
property is owned by Larry and Dorothy Schrock. She said it was the staff s opinion that this application for
a commercial telecommunications facility had adequately addressed the requirements ofthe zoning ord inance
in that the need for this facility, based on a lack of coverage and capacity in this part of the County, had been
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demonstrated. Planner Ragsdale pointed out, however, a history of zoning violations associated with the
• property owned by Mr. and Mrs. Larry Schrock. She explained that the County approved a site plan in July
of 1998 for construction of the Schrock Tours' 16,200 square -foot building for use as a bus facility; the
building was constructed and occupied, but site improvements such as landscaping and the final asphalt surface
treatment were not completed. She said a bond was established by the owners to guarantee the site work. She
stated that in June of2002, staff noted that site improvements were still not complete and, in addition, zoning
violations, such as trash, debris, and inoperable vehicles, were reported on the property. Planner Ragsdale said
the Planning Staff has had continued dialogue with the Schrocks and they have committed to have all site work
completed. She advised that this site history information should be considered along with the conditional use
permit application.
Mr. Gregory S. Tulley, Director of Planning and Zoning for Site Solutions, LLC, located on
Starkey Road in Roanoke, Virginia, was present to represent Shenandoah Mobile Company. Regarding the
staff s comment on the pending FAA compliance, Mr. Tulley said that Shenandoah Cellular will notconstruct
a tower until they receive FAA compliance. He said they have no problem with the Planning Commission
conditioning their approval on FAA comp) lance. In addition, Mr. Tulleysaid they met with Mr. Larry Schrock
several times regardingthe zoning ordinance violations and it was Mr. Schrock's intention to have everything
taken care of by October 8, 2002, which would be the day prior to the Board of Supervisors' public hearing.
Mr. Tulley said they had no problem with this also being a condition of approval.
Mr. Tulley proceeded to introduce Mr. Dexter Turkulas, Manager of Radio Frequency
Engineering for Shenandoah Mobile, who was available to answer technical questions, and Mr. Lynn Kerner,
Real Estate Acquisition Specialist with Site Solutions, LLC. Mr. Tulley explained that they were currently
implementing a digital expansion and upgrade. Mr. Tulley proceeded to describe Shenandoah Mobile
Company's proposal and gave evidence of their need, which was two -fold: to fill in a gap that existed on 1 -81
between Exits 31 1 and 317 and to increase the capacity of their entire network. He also handed out a letter
from the Virginia Department of Historic Resources stating that no historic properties would be affected by
the project.
Commissioner Straub inquired what would happen if the tower fell. Mr. Tulley said that to
his knowledge there has not been a recorded instance of monopole failure in the United States and second, if
it did fall, it is structurally engineered to collapse on itself.
Chairman DeHaven called for public comments, however, no one came forward to speak.
Commissioner Unger said that he was not in favor of supporting the conditional use permit
until the violations were corrected. Chairman Del -laven referred to recommended Condition #5, which stated
that all existingzoning violations should be resolved prior to construction ofany telecommunication facilities.
Planning Director Lawrence pointed out that because the County has a bond to guarantee the striping and
paving, the staff does not consider those issues zoning violations. He said thatthe zoningviolations are items
not identified in the approved site plan, such as the inoperable vehicles, trash, and debris.
The majority of the members were coin fortable with the proposed conditional use permit with
those conditions recommended by the staff, plus the condition that the tower would be constructed within 18
months or the conditional use permit would become invalid.
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Upon motion made by Commissioner Ours and seconded by Commissioner Kriz,
® BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend the approval
of Conditional Use Permit# 10 -02 of Shenandoah Mobile Company fora 150' monopole telecommunications
facility at 220 Imboden Drive with the following- conditions:
1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied
with at all times.
2. The tower shall be available for co- locating personal wireless services providers.
3. A minor site plan shall be approved by the County.
4. The tower shall be removed by the applicant or property owner within twelve (12) months of
abandonment of operation.
5. All existing zoning violations should be resolved prior to construction of any telecommunication
facilities.
6. In the event a telecommunications tower is not erected within eighteen (18) months ofthe approval of
this Conditional Use Permit, then the Conditional Use Permit will be deemed invalid.
The vote was as follows:
• YES (TO APPROVE) Straub, Gochenour, Morris, Ours, Kriz, Triplett, Rosenberry, DeHaven
NO: Unger
Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, the
Planning Commission unanimously agreed to make the two letters received as support documentation a part
of the official record.
Request by Robert Simmons of Complete Restoration Services, Inc. fora waiver to the Frederick County
Code, Chapter 165, Zoning Ordinance, Section 165 -54 and Section 165- 55A(2), to enable the subdivision
(boundary line adjustment) of a parcel of land which is less than five acres in area, and to enable the
setback for an existing dwelling, currently less than 50 feet, to be further reduced. This property is
Icoated at 366 Stony Hill Road and is identified with P.I.N. 28 -A -163 in the Gainesboro District.
Action - Recommended Approval
Zoning and Subdivision Administrator, Patrick T. Davenport, stated that Mr. Robert Simmons
is requesting approval of boundary line adjustment on his property located at 366 Stony Hi II Road (Rt. 688)
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in the Gainesboro District. He explained that Mr. Simmons owns approximately 0.56 acre and the subject
• property contains an existing dwelling. Administrator Davenport noted that the boundary line adjustment
would add approximately 2,539 square feet (0.058 acre) to the adjoining Tax Parcel 28-A-1 61A, owned by
Mr. Adams. Administrator Davenport stated that the reason for the boundary line adjustment is to resolve a
septic drainfield easement agreement between Mr. Simmons and the adjoining property owner. He said the
agreement also includes establishing the new boundary line along the existing fence line.
Chairman DeHaven called for public comments, however, no one came forward to speak.
No issues of concern were raised by the Commission.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett,
BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby
recommend approval of the request by Robert Simmons of Complete Restoration Services, Inc. for a waiver
to the Frederick County Code, Chapter 165, Zoning Ordinance, Section 165 -54 and Section 165- 55A(2), to
enable the subdivision (boundary line adjustment) ofa parcel of land which is less than five acres in area, and
to enable the setback for an existing dwelling, currently less than 50 feet, to be further reduced.
The vote was as follows:
YES (TO APPROVE) Rosenberry, Triplett, Kriz, Ours, Unger, Gochenour, Straub, DeHaven
NO: Morris
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Request by John and Lois Slater fora waiver to the Frederick County Code, Chapter 144, Subdivision
Ordinance, to allow the creation of a lot containing less than two acres. This property is located at 199
Dicks Hollow Road and is identified with P.I.N. 52 -A -9 in the Gainesboro Magisterial District.
Action - Recommended Approval
Zoning and Subdivision Administrator. Patrick T. Davenport, stated that Mr. and Mrs. John
Slater are requesting to subdivide their property located along Dicks Hollow Road (Rt. 608) in the Gainesboro
District. Fie said the 12.02 -acre parcel contains land on both sides of Dicks Hollow Road (Rt. 608), with
approximately 10.25 acres of their parcel located on the east side of Dicks Hollow Road and approximately
1.77 acres located on the west side. Administrator Davenport explained that the Slaters are proposing to
subdivide the property by allowing the right -of -way of Dicks Hollow Road to create the division line, which
will simplify the sale of the property. He added there is an existing dwellingon the west side of Dicks Hollow
Road.
Mr. Evan A. Wyatt with Greenway Engineering, the project design engineers, stated that the
Slaters were present to seek relief from the minimum lot size. He proceeded to explain the situation to the
Commission in detail.
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Commissioner Unger inquired if the Slaters had ever sold any land off ofthe 1.77 -acre portion
• and Mr. Wyatt replied no, not to his knowledge. Commissioner Unger wanted to consider the worst -case
scenario, such as a failing septic system, and he commented that sewer could not be pumped across the road.
Commissioner Straub inquired if Dicks Hollow Road separates any other properties. Mr.
Wyatt replied that the way the tax map numbering is indicated, it doesn't appear that other properties were
affected in this area.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. Henry Buettner, a neighbor to the Slaters, supported the request for exception. Mr.
Buettner also spoke highly of the Slaters and believed the Slaters request was valid.
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the request by John and Lois Slater for a waiver to the Frederick County Code, Chapter 144,
Subdivision Ordinance, to allow the creation of lotcontaining less than two acres at 199 Dicks Hollow Road
in the Gainesboro District.
® ADJOURNMENT
No further business remained to be discussed and tl meeting adjourned at 9:15 p.m. by a
unanimous vote. /
submitted,
R. Lawrence, Secretary
Charles S. DeHaven, Jr., ChairmarV
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