PC_07-19-00_Meeting_Minutes MEETING MINUTES
OF THE
• FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on July 19, 2000.
PRESENT: Charles S. DeHaven, Jr., Chainnv ✓Stonewall District; John R. Marker, Vice- Chairman, Back
Creek District; George L. Unger, Back Creek District; Richard C. Ours, Opequon District; George J. Kriz,
Gainesboro District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L.
Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A.
Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: John H. Light, Stonewall District
STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Michael
T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner I1; Howard R. Long, 111, Planner 1; Jeremy F. Camp,
Planner 1; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
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• Chairman DcHaven called the meeting to order at 7:00 p.m.'
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COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS)
Mr. Robert M. Morris, subcommittee member, reported that the second and final public
informational meeting, regarding the Northeast Land Use Plan, was held on July 10, 2000 at the Stonewall
Elementary School Cafeteria. Mr. Morris commended Mr. Evan Wyatt, Deputy Planning Director, for his
excellent job at both of those meetings, not only for his presentation, in which he gave an overview of planning
in the County and why good planning makes sense, but also for designing, outlining, and incorporating all the
citizen comments and effort involved. Mr. Morris believed the County will have a very good land use plan for
that area and one that is acceptable to everyone in a broad way.
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Frederick County Planning Commission
Minutes of July 19, 2000 Page 536
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Sanitation Authority (SA) - 07/18/00
• Mr. W. Wayne Miller, liaison to the Sanitation Authority, reported that the Engineer/ Director
of the SA will be presenting a Tong -range water plan to the Board of Supervisors on August 9, 2000. He said
that the SA approved their budget and the SA gave Mr. Jones the Authority to seek bids on the expansion of
the Diehl Water Treatment Plant and for the new water supply line from the plant over to the SA's
headquarters. The SA has also begun an appraisal of the Northern Shenandoah Valley Carbon Aquifer System
by the USGS and will progress for approximately two years.
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Winchester City Planning Commission (WPC) - 07/18/00 Mtg.
Mr. Richard C. Ours, liaison to the Winchester City Planning Commission, reported that the
WPC recommended to the City Council the approval of a conditional use for the old Catholic Church in town.
Mr. Ours pointed out that this will involve the issue of "shared parking" which involves the use of parking
lots for different uses during the evening and day -time hours, that has recently been debated.
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PUBLIC HEARING
Proposed Amendments to the Frederick County Code, Chapter 165, Zoning, Amending Article 11I, R5
• (Residential Recreational Community) District; Article VI, RP (Residential Performance) District,
Section 165 -65.f, Single - Family Small Lot Housing; and Article IV, Supplementary Use Regulations,
Section 165 - 31.6(6), Protection of Environmental Features, Steep Slopes. The proposed amendments
would modify the existing zoning Ordinance to allow increased flexibility in the design of a residential
recreational community by providing appropriate design standards, alternate dimensional requirements,
and alternate means of environmental protection.
Action - Recommended Approval
Mr. Michael T. Ruddy, Zoning Administrator, presented the proposed text amendments for
the R5 Zoning District, RP District, and the environmental features section of the Supplementary Use
Regulations, which primarily center around the definition and the establishment of "age - restricted
communities." Mr. Ruddy stated that the proposed amendments incorporate comments and input previously
received by the Planning Commission and the Development Review & Regulations Subcommittee (DRRS).
He believed that the amendments generally achieve the goals of the proposed .development, known as
"Shenandoah," and still maintain the integrity and structure of the Zoning Ordinance. Mr. Ruddy then
proceeded to highlight the most significant changes that have occurred within the text.
A member of the Commission inquired about a previous definition in which the age of children
prohibited was given, along with a time limit for residing on the premises. Mr. Ruddy replied that after
consulting with the County Attorney and the developer, and upon reviewing the State and Federal Codes, it was
believed that incorporating a Statement of Intent would be more appropriate. The Statement of Intent would
not specify age and, therefore, did not have the potential to go above and beyond the State Fair- Housing
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Minutes of July 19, 2000 Page 537
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Requirements.
• Mr. Kris C. Tierney, the Planning Director, interjected that any applicant for this housing type
still has the ability to write their deed restrictions, covenants, or proffers, as restrictive or specific as they want.
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design engineers for
the proposed Shenandoah development, spoke briefly about the plan for Shenandoah that he would be
submitting in the near future to the Planning Commission for review.
Chairman DeHaven next called for public comments and the following persons came forward
to speak to the Commission:
Mr. Michael Wilson, a local attorney and President of the Winchester Chapter of the Isaac
Walton League of America, stated that the Isaac Walton League members have followed the procedure for this
amendment and have attended several of the meetings, voicing their concerns. Mr. Wilson stated that in the
matter of the latest revision of this amendment, the members perceive that ambiguous standards and vagueness
have becn incorporated into the revision that did not appear in the first draft. He said that the definition
standards regarding steep grades and the impact from water run -off are matters of serious concern to the
members of the Isaac Walton League and they believe the revised ordinance has not adequately addressed this
issue from an environmental impact point.
Ms. Vicki West said that her main concern centered on water issues and she asked if sewer
and water had been addressed with this proposed development. Chairman DeHaven stated that before the
Planning Commission can consider or approve the proposed development, the plan wiilt need to go to the
Sanitation Authority for comments regarding sewer and water issues.
• Mr. Donnie Gladden, resident on Hudson Hollow Road, had concerns about the definition of
wooded areas; he had concerns about additional traffic utilizing Route 636, a dirt road with poor site distances;
and he had a concern that some of the members of the Planning Commission could have a conflict of interest
with the development.
Ms. Pat Gouchenour, resident of Shawnee District and Vice- President of the Citizens for a
Quality Community (CQC), came forward to speak about the quality of life and the responsibility of the
Planning Commission to the residents of Frederick County. Ms. Gouchenour voiced concern about the
destruction of land without addressing the water issues facing the community.
After receiving all of the citizen comments and considering the proposed amendments, the
Planning Commission believed that the amendments reflected the desires of the Commission and also
maintained the structure and integrity of the Zoning Ordinance.
Upon motion made by Mr. Thomas and seconded by Mr. Miller,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the proposed amendments to the Frederick County Code, Chapter 165, Zoning, amending Article
VIII, R5 (Residential Recreational Community) District, Article VI, RP (Residential Performance) District,
Section 165 -65.1', Single- Family Small Lot Housing, and Article IV, Supplemental Usqegulations, Section
165- 31.B(6), Protection of Environmental Features- -Steep Slopes. The proposed amendments would modify
the existing zoning ordinance to allow increased flexibility in the design of a residential recreational community
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Frederick County Planning Commission
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by providing appropriate design standards, alternative dimensional requirements, and an alternate means of
• environmental protection.
DISCUSSION REGARDING THE NORTHEAST LAND USE PLAN
. Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans &
Programs Subcommittee (CPPS) conducted two public informational meetings, on June 26 and July 10, and
a work session with the Board of Supervisors in May. He said that the primary concerns expressed by the
meeting participants pertained to the availability of adequate water resources to serve industrial and commercial
growth in this area, and the inability of I -81, Exit 323, to accommodate additional traffic in its present state.
Mr. Wyatt next proceeded to give the Commission an overview of the study area, the current conditions, and
the recommended land use plan. Mr. Wyatt continued by explaining how the CPPS addressed the comments
and concerns that were received.
Questions from the Commission included those regarding the construction and maintenance
of package treatment plants; the availability of sewer and water services, and the utilization of well systems
by commercial or industrial uses.
The consensus of the Commission was that all members were in favor of the plan and endorsed
it. Chairman DeHaven instructed the staff to proceed with the scheduling of a public hearing.
CANCELLATION OF THE AUGUST 2, 2000 MEETING
• Mr. Kris C. Tierney, Planning Director, stated that no items of business have been received
for the Commission's August 2, 2000 meeting.
Upon motion made by Mr. Miller and seconded by Mr. Thomas, the Planning Commission
unanimously voted to cancel their August 2, 2000 meeting.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by
unanimous vote.
Respectfully submitted,
K is C. Tie • • , ecur
Cl 4 2 ad( ,r
Charles S. DeHaven, Jr., Chairman
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Frederick County Planning Commission
Minutes of July 19, 2000 Page 539