PC_02-16-00_Meeting_MinutesMEETING MINUTES
OF THE
• FREDERICK COUNTY PLANNING COMMISSION
This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent
Street in Winchester, Virginia on February 16, 2000.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Gregory L. Unger, Back Creek
District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; John H.
Light, Stonewall District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon
District; George J. Kriz, Gainesboro District; Gene E. Fisher, Citizen at Large; Sidney A.
Reyes, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT: John R. Marker, Vicc- Chairman /Back Creek District; S. Blaine Wilson, Shawnee District;
STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director; Christopher M. Mohn, Planner II; and
Renee' S. Arlotta, Clerk.
CALL TO ORDER
. Chairman DeHaven called the meeting to order at 7:00 p.m.
APPLICATIONS ACTION SUMMARY
Chairman DeHaven accepted the report for the Commission's information.
MEETING MINUTES - JANUARY 5. 2000 AND JANUARY 19 2000
Upon motion made by Mr. Miller and seconded by Mr. Light, the minutes of January 5, 2000
were unanimously approved as presented.
Upon motion made by Mr. Miller and seconded by Mr. Light, the minutes of January 19, 2000
were unanimously approved as presented.
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• Comprehensive Plans & Protirams Subcommittee (CPPS) - 02/14/00 Mtg.
Commissioner Robert Morris, CPPS member, reported that discussion centered on the
Northeastern Land Use Plan.
Historic Resources Advisory Board (HRAB) - 01/24/00 Mtg.
Commissioner Robert M. Morris reported that Bessie Solenberger was elected as chairman
and Martin Killenbeck was elected as vice- chairman of the HRAB; the majority of discussion centered on
revitalization of the historic plaque program; the Rose Hill Farm will be receiving a plaque from the Board of
Supervisors at their next meeting; and an application for a historic plaque was accepted for Cherry Road.
Economic Development Commission (EDC) - 02/09/00 Mtg.
Commissioner Roger Thomas said that a report was discussed on the EDC's activities and
well -being for last year and the report showed that more industry is needed in Frederick County.
• Sanitation Authority (SA) - 02/15/00 Mtg.
Commissioner W. Wayne Miller reported that the SA is continuing to pursue additional water
supplies; working on an agreement for the use of water in Buffalo Marsh, near Middletown; construction bids
are being accepted for the expansion of the Diehl Treatment Plant in Stephens City; the Diehl plant will be
increased from four million gallons to six million gallons; drilling progress is continuing on the Long Acre
Farm for a well for utilization by the SA; renegotiation of the water agreement with the City of Winchester is
in progress; received a complaint from a resident concerning lime build -up in her water heater.
Winchester City Planninz Commission - 02115/00 Mtg.
Commissioner Richard C. Ours reported that the City Planning Commission discussed a
conditional use permit for the old Sacred Heart Church, which is in the process of being converted into various
uses; also passed was a conditional use permit for Access Independence to be able to establish an office in
excess of 2,000 square feet in that building; also discussed was the concept of shared parking, which is shared
parking between locations that operate at different hours of the day; the shared parking must be within 300 feet
of the uses sharing the parking.
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CITIZEN COMMENTS
Ms. Audrey Gilleskie, resident of the Gainesboro District, came forward to speak on the
Master Development Plan for Cross Creek Village which is scheduled for later in the meeting. Ms. Gilleskie
said that due to the fact that she must attend another meeting, she requested permission to speak at this point
of the meeting. She requested that the Commission determine if the County is able to provide public facilities
and services for the additional growth in the form of education, building and maintenance of roads, and fire
department services. Ms. Gilleskie stated that despite the fact that the developer is marketing the development
as retirement homes, there was no guarantee that this is the market type that will purchase them. She requested
that the Commission acknowledge the increased costs that will be needed to be absorbed by the County in order
to provide services for the homeowners that will come to expect them.
PUBLIC HEARINGS
2000 -2005 Agricultural and Forestal District Update. This public hearing is to consider the renewal of
the South Frederick District, the Double Church Road District, and the Refuge Church Road District.
The renewal of these districts will establish a total of 13,367 acres within the Agricultural and Forestal
District Program for the ensuing five -year period. Properties that are incorporated into an Agricultural
• and Forestal District are guaranteed certain protections as specified in Section 15.2 -4300 of the Code of
Virginia.
Action - Recommended Approval
Deputy Planning Director, Evan A. Wyatt, explained that this is the first step in a two -step
process for a public hearing for the update of the County's three agricultural and forestal districts, which
include the Double Church District, the Refuge Church District, and the South Frederick District. Mr. Wyatt
said that the Frederick County Agricultural District Advisory Committee (ADAC) reviewed the proposed
update to the County's three Agricultural and Forestal Districts on February 7, 2000; all three districts are up
for renewal in March of 2000. He continued, providing some background information regarding the history,
purpose, and guidelines for the proposed districts.
Commissioners inquired why some property owners were withdrawing from the larger district.
Mr. Wyatt said that the reasons vary; some people have decided not to commit for financial reasons, some
because of the regulatory restrictions of not being able to do five -acre lots, some do not have family to will the
property to. Mr. Wyatt said that from a volunteer perspective, the property owners should be commended, in
particular those from the South Frederick District, even those withdrawing, because these properties had been
committed for 20 plus years.
Commissioners asked whether family divisions were still permitted in the Agricultural
Districts. Mr. Wyatt replied that in addition to permitting family divisions, agricultural lot divisions are
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allowed.
. Another question raised was whether there was a requirement for the property owner to prove
they are actively fanning or producing on the property in the Agricultural District. Mr. Wyatt replied that the
Code does not seta minimum lot size, nor does it state that the land has to be in active agricultural use to
qualify.
Chairman DeHaven called for public comment and the following person came forward to
speak:
Mr. Bob Pownell of Shawnee District inquired whether the properties that will be withdrawn
will be "open season" for five -acre lots. He asked if the possibility of changing the minimum lot size in the
RA (Rural Areas) District from five -acres lots to ten, 15, or larger acre - tracts was being considered. Mr.
Pownell believed the larger lot size would be advantageous towards keeping residential development within
the Urban Development Area.
Upon motion made by Mr. Miller and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the 2000 -2005 Agricultural and Forestal District Update, which includes the renewal of the South
Frederick District, the Double Church Road District, and the Refuge Church Road District. The renewal of
these districts will establish a total of 13,367 acres within the Agricultural and Forestal District Program for
the ensuing five -year period. Properties within each of the three districts are restricted from establishing
traditional five -acre lot subdivisions and rural preservation lot subdivisions. Properties that are incorporated
into an Agricultural and Forestal District are guaranteed certain protections as specified in Section 15.24300
• of the Code of Virginia.
Proposed Amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165 -24
"Height Limitations; Exceptions" of the Frederick County Code. The proposed amendment would allow
general office uses in the B2 (Business General) District and B3 (Industrial Transition) District and hotel
and motel uses in the B2 (Business General) District to be exempt from the maximum height requirement.
The amendment also stipulates that the height of such buildings may not exceed 60 feet.
Action - Recommended Approval
Mr. Christopher M. Mohn, Planner II, stated that a request has been submitted by Mr. Stephen
M. Gyurisin of G. W. Clifford & Associates, Inc. to amend the Zoning Ordinance to permit general office uses
in the B2 (Business General) and B3 (Industrial General) Zoning Districts and hotel and motel uses in the B2
(Business General) District to exceed the maximum permitted height of 35'. Mr. Mohn stated that the
Development Review & Regulations Subcommittee (DRRS) endorsed the proposed amendment at their meeting
on January 27, 2000.
Mr. Mohn continued, stating that following the Planning Commission's discussion of this issue
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at their meeting of February 2, 2000, the staff added language to clarify the proposed amendment as requested.
He noted that pursuant to Section 165- 37.A.(3) of the Zoning Ordinance, when development is proposed within
1,000' of existing uses, the Planning Commission may require increased buffer distances or additional screening
should they be deemed necessary to mitigate anticipated impacts. Staff believed that such authority may
address the concern expressed by some commissioners regarding the adequacy of standard buffer and screening
requirements to protect adjacent residential uses from buildings developed in excess of the maximum height
requirement of 35'. Mr. Mohn pointed out that it was possible for staff to present any site plan involving hotel
or general office development that is adjacent to existing residential development to the Commission for review
and comment regarding the need for additional buffer distances, regardless of the proposed building height; if
appropriate, such authority may be reiterated through the addition of language to the proposed amendment.
A member ofthe Commission presented a possible scenario of a 132 -zoned site with an existing
residential area adjacent to it and all buffers have been met, however, part of the 132 -zoned area is vacant and
the owner decides to construct a hotel, which is a by -right use. The question raised was how the site plan
would be flagged within the system to be brought back before the Commission for review, and secondly, how
would the Commission enforce a 1,000' buffer at that time. Concern was expressed that the end result could
be 25 or so houses on the back side of a 60' tall hotel that would now be in the shade.
Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc. believed that in addition to the
existing ordinance, the modifications made to the proposed amendment at the Commission's February 2
meeting allowed for the protection of any residential use and allows the Commission to oversee that.
Chairman DeHaven called for public comment, but no one came forward to speak.
Commission members inquired if the fire marshal reviewed the proposal and, if so, what was
• the fire marshal's comment. Staff replied that according to the fire marshal, a 60' structural height can be
accommodated by the County's ladder truck and a second ladder truck is also available in the City of
Winchester.
Commission members stated that they would be in favor as long as there was a mechanism
available that would require the site plan to come before the Planning Commission when such height exceptions
were proposed within 1,000' of existing residential uses. Commissioners agreed that a reference to Section
165- 37.A.(3) of the Zoning Ordinance within the amended text would provide the desired mechanism.
The Assistant County Attorney, Mr. Jay Cook, was consulted as to whether re- advertisement
was necessary, ifthe additional notation was added to the proposed amendment. Mr. Cook replied that it would
not need to be re- advertised.
Believing that all controls were adequate, Mr. Miller moved to recommend approval of the
amendment to the Board of Supervisors with the addition of the reference to Section 165- 37.A.(3) within the
text of the proposed amendment. This motion was seconded by Ours.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the proposed amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations,
Section 165 -24 "Height Limitations; Exceptions" of the Frederick County Code. The proposed amendment
would allow for general office uses in the B2 (Business General) District and B3 (Industrial Transition) District
and hotel and motel uses in the B2 (Business General) District to be exempt from the maximum height
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Minutes of February 16, 2000 Page 482
requirement; the amendment stipulates that the height of such buildings may not exceed sixty (60) feet; the
. amendment would also make reference to Section 165- 37.A.(13) of the Zoning Ordinance.
PUBLIC MEETING
Master Development Plan #02 -00 of Cross Creek Village submitted by G. W. Clifford & Associates, Inc.
for the development of 91 single - family small lot residences. The property is located on the north side
of Apple Valley Road (Rt. 652), approximately 400' north of the intersection with Shady Elm Road (Rt.
651), adjacent to the Woodbrook Village development, and is identified with P.I.N. 63 -A -40 in the Back
Creek Magisterial District.
Action - Recommended Approval
Commissioner Greg Unger stated that he had a possible conflict of interest in this item and
would be abstaining from discussion and voting.
Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review
agency comments. Mr. Wyatt reviewed the issues identified by the staff regarding this master development
plan (MDP) which included site access, the inter -parcel connector, pond disturbance, the zoning district buffer,
the private street sidewalk waiver, and the evergreen planting adjacent to Plainfield Heights. He added that the
staff believed the proposed MDP was consistent with the policies for suburban residential development as
specified in the Land Use Chapter of the Comprehensive Policy Plan, and the overall gross density and general
• site layout was consistent with the requirements of the Zoning Ordinance and the Subdivision Ordinance. Mr.
Wyatt further added that the applicant will need to address the issues identified by the staff and advise the
Planning Commission how these issues will be designated on the final MDP.
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design engineering firm,
and Mr. James Vickers, President ofOakcrest Companies, the developer of this site, identified the key issues
with the proposed master development plan. The applicants advised the Planning Commission that
they are limited in their ability to situate the residential structures further from the Kernstown
Battlefield property due to the location of the Apple Valley sewer line easement which traverses the
northern end of the site and continues on to serve the future Coca -Cola facility. The location of this
easement was established and the improvements were underway prior to the applicant's purchase of
the property; therefore, there was not the flexibility to relocate this sewer line.
speak:
Chairman DeHaven called for public comments and the following person came forward to
Dr. David Powers, one of the representatives to the Shenandoah Valley Battlefield
National Historic District Commission and the Vice President of the Kernstown Battlefield
Association, spoke about the significance of the old historic road and its existence during the battles
of 1862 and 1864. He believed the idea of a period rail fence to highlight the road was a good idea;
he encouraged the use of the existing locust trees outlining the road; and he believed that screening
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throughout the project was of utmost importance.
• (Please also note Ms. Audrey Gilleskie's remarks under the "Citizen Comments" section.)
The Planning Commission felt that the proposed access easement should be improved
to the same standard as the private road system to allow for access between the Cross Creek Village
subdivision and the Woodbrook Village subdivision. The Planning Commission felt that this would
enhance safety for the residents by providing a secondary means of access for various services, as well
as enhancing left turn movements onto Valley Pike at the Apple Valley Road intersection. The
Planning Commission was amenable to allowing a waiver to the sidewalk requirement along the
private road system, provided that the applicant's alternative walkway design accommodated a
walkway access along Gooseberry Lane. The applicant agreed to continue the sidewalk along
Gooseberry Lane, if the Commission would allow the four -foot walkways in areas that are adjoining
the road and then the walkway would be increased to five feet in the open space areas.
The Planning Commission was in favor of the proposed master development plan and
recognized the innovative approach of the design. They believed all of their concerns could be
adequately addressed by the applicant.
Upon motion made by Mr. Miller and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Master Development Plan #02 -00 for Cross Creek Village submitted by G. W. Clifford &
. Associates, Inc., for the development of 91 single - family small lot residences with the inclusion of a waiver of
the sidewalk requirement, Section 165- 29(A)(14) of the Zoning Ordinance regarding the requirement for
sidewalks along private roads, with the extension of the walkway along Gooseberry Lane, and with the four -
foot walkways, in lieu of five -foot, in areas that are adjoining the road.
(Note: Commissioner Greg Unger abstained from voting on this item.)
COMMITTEE APPOINTMENTS
Liaison to the Economic Development Commission - Mr. Roger L Thomas
Chairman DeHaven appointed Mr. Roger Thomas as the Planning Commission's liaison to
the Economic Development Commission.
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Appointments to the Comprehensive Plans & Programs Subcommittee - Mr. George Kriz and
. Mr. Gene Fisher
Chairman DeHaven appointed Mr. George Kriz and Mr. Gene Fisher to the Comprehensive
Plans and Programs Subcommittee.
Appointment to the Development Review & Regulations Subcommittee - Mr. Greg Unger
Chairman DeHaven appointed Mr. Greg Unger to the Development Review and Regulations
Subcommittee.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by
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unanimous vote.
Respectfully submitted,
Charles S. DeHaven, Jr., Chairman
Frederick County Planning Commission
Minutes of February 16, 2000 Page 485