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PC_10-04-00_Meeting_Minutes0 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 4, 2000. PRESENT: C':arles S. DeHaven, Jr., Chamnan/Stonewall District; John R. Marker, Vice- Chairman, Back Creek District; Greg L. Unger, Back Creek District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director; Amy M. Lohr, Planner II; Howard R. Long, 111, Planner l; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - AUGUST 16, 2000 AND SEPTEMBER 6 2000 Upon motion made by Mr. Ours and seconded by Mr. Kriz, the minutes of August 16, 2000 were unanimously approved as presented. Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of September 6, 2000 were unanimously approved as presented. U Frederick County Planning Commission Minutes of October 4, 2000 Page 554 -2- COMMITTFF Comorehensive Plans & Proerams Subcommittee (CPPS) - 09/11/00 Mtg. Mr. Light reported that the CPPS held discussions on requests to expand the Sewer and Water Service Area (SWSA) and to extend service outside of the SWSA, both of which are on this evening's Planning Commission agenda. In addition, a request to expand the Urban Development Area (UDA) was also discussed. Transportation Committee - 10/03/00 Mtg. Mr. Kriz reported that the Transportation Committee recommended the adoption of Route 600 as a Virginia Byway. Historic Resources Advisory Board (HRAB) - 09/19/00 Mtg. Mr. Morris reported that the HRAB discussed a possible rezoning in the northeast corridor area. He said that there was considerable discussion about the Milburn Road corridor and the potential rezoning for industrial use. Mr. Morris said that the biggest issue discussed was a railroad spur. Mr. Morris stated that this item will be coming to the Commission in the near future. Economic Development Commission (EDC) - 09/01/00 Mtg. Mr. Thomas reported that the EDC discussed ways to attract businesses to the area and methods to help establish small businesses in the area. PUBLIC HEARING Conditional Use Permit #16 -00 of James E. Smelser for a shale mining operation with sales. This property is located at 1557 Green Spring Road and is identified with P.I.N. 21 -A -27 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions and Waiver of Site Plan Ms. Amy M. Lohr, Planner II, read the background information and stated that the reviewing agencies have no significant concerns. Ms. Lohr said that the primary use of the property is residential. She explained that the applicant wishes to mine approximately 20 acres of his 100 -acre parcel. She noted that • adjoining residential properties along Evening Lane are screened by evergreen vegetation and given the 100' Frederick County Planning Commission Minutes of October 4, 2000 Page 555 -3- side and rear yard setback for excavation and the natural buffer, the adjoining residential properties should not • be negatively impacted. Ms. Lohr added that private mining operations of this nature are monitored and licensed by the Division of Mineral Mining (DMM), a division of the Virginia Department of Mines, Minerals, and Energy. She said that the applicant is aware of the State permitting procedure and has been in contact with Mr. David Cress, our area's mining inspector. Ms. Lehr said that before a permit can be issued, the applicant must provide DMM with suitable operations, drainage, and reclamation plans. N ;s. Lohr next brought the Commission's attention to a letter received by the Planning Department from Mr. Frederick R. Pettis, an adjoining property owner who currently resides in Homosassa Springs, Florida. Ms. Lohr believed that Mr. Pettis's concerns about environmental impacts and impacts on surrounding property values had been alleviated during her telephone conversations with him. Mr. Morris inquired if the shale mining was currently in operation. Ms. Lohr replied that the private sales portion has not been in operation, however, VDOT had an agreement to exclusively extract shale from the property; being a state agency, VDOT was exempt from the regular DMM permitting procedures. She said that VDOT had exclusive right to the site. The applicants, Mr. James E. Smelser and Mrs. Erma Smelser, were present to answer questions from the Commission. Mr. Thomas inquired about the depth proposed for extraction. Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Zoning Ordinance lists three performance standards for mining operations under a conditional use permit in the Rural Areas Zoning District; he said that the first standard requires all mining to be above the mean existing grade level of the parcel of land. • Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Michael S. Mullin, adjoining property owner, presented a list of several concerns he and his wife had concerning the proposed mining operation. Mr. Mullin had concerns regarding possible noise, the possible reduction of surrounding property values, the possibility of serious ground level shaking if dynamite is used, possible water pollution, possible air pollution, and the possible visible degradation of the site. Mr. Miller stated that typically these type of shale operations use front -end loaders for extraction and do not conduct blasting. Mr. Smelser, the applicant, confirmed there would be no blasting. The Commission believed that the State permitting procedures would be sufficient to ensure the site is adequately developed and maintained and that a site plan would not be necessary. The Planning Commission, therefore, believed that adequate controls were in place, ie., the local ordinances pertaining to this type of use would address setbacks, etc., while aspects of the mining operation itself, such as the environmental pollution, would be regulated by the DMM. Upon motion made by Mr. Miller and seconded by Mr. Thomas, • Frederick County Planning Commission Minutes of October 4, 2000 Page 556 J -4- • BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit # 16 -00 of James E. Smelser for a shale mining operation at 1557 Green Spring Road with a waiver of the site plan requirements and with the following conditions: 1. All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday through Saturday. 5. No blasting shall be permitted on the site. This recommendation was made by the following majority vote: YES (TO APPROVE) Fisher, Kriz, Miller, Ours, Thomas, Wilson, DeHaven, Marker, Light, Unger NO: Morris I Upon motion made by Mr. Ours and seconded by Mr. Thomas, the Commission accepted the • letter dated September 29, 2000 from Mr. Frederick R. Pettis and the letter from Michael S. Mullins as a part of the official record by the following majority vote: YES (TO APPROVE) Fisher, Kriz, Ours, Thomas, Wilson, DeHaven, Marker, Light, Morris, Unger NO: Miller Proposed Amendments to the Frederick County Code, Chapter 165, Zoning, amending Article X, Business and Industrial Zoning Districts, Section 165 -82.13, B2 (Business General) District. The proposed amendment would modify the allowed uses in the B2 Zoning District to permit commercial sport and recreation clubs. Action - Recommended Approval Ms. Amy M. Lohr, Planner 11, presented an amendment to allow commercial sport and recreation clubs in the B2 (Business General) Zoning District. Ms. Lohr said that this amendment is a result of a request received by the Planning Department to permit Amusement and Recreation Services (SIC -Major Group 79) in the B2 District. She said that the Development Review and Regulations Subcommittee (DRRS) felt that defining and allowing a specific use was most appropriate, rather than permitting the entire use group. There were no public comments. Frederick County Planning Commission Minutes of October 4, 2000 Page 557 -5- No issues of concern were raised by the Commission and they were in favor of the amendment • as presented. Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe proposed amendment for Commercial Sport and Recreation Clubs in the B2 (Business General) Zoning District. This inclusion would amend the Frederick County Zoning Ordinance, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165 -82.13, B2 (Business General) District, as follows: 165- 82.B.(I) Allowed Uses Commercial Sport and Recreation Clubs 165- 145.Definitions Commercial Sport and Recreation Clubs - a public or private fee - supported recreational facility located indoors or outdoors that may include swimming pools, court games, and other similar activities. UPDATE OF THE 2001 -2001 FREDERICK COUNTY SECONDARY ROADI IMPROVEMENT PLAN Action - Recommended Approval with Amendment Ms. Amy M. Lohr, Planner II, stated that the purpose of this public hearing is to discuss the 2001 -2002 Update to the Secondary Road Improvement Plan for Frederick County and for the Commission to forward a recommendation to the Board of Supervisors. Ms. Lohr stated that the Transportation Committee reviewed and recommended approval of the update at their September meeting. She said that as a part of that approval, two new projects were included in the unscheduled lists of both the Major Road Improvements and Hard- Surface Road Improvements portions of the plan. Under the major road improvements, Ms. Lohr stated that improvements to Victory Road (Rt. 728), as well as the need to relocate a portion of Airport Road (Rt. 645), were placed at the bottom of the unscheduled list, at the request of the Director of the Winchester Regional Airport Authority. Ms. Lohr pointed out that also under major road improvements, Item #2 of the funded list is the Aylor Road (Rt. 647) project and within the plan, this project is scheduled to begin at Fairfax Pike (Rt. 277) and extend to Tasker Road (Rt. 642). Ms. Lohr said that the I -81 Improvement Study has indicated that there is a conflict between Aylor Road and its intersection with Fairfax Pike and the I -81 northbound on -ramp. She said that Ll ar- ^ffort to alleviate these conflicts, VDOT plans call for the relocation of Aylor Road at its intersection with Fairfax Pike to occur further to the east. She explained that the funding associated with engineering design and right -of -way acquisition, as well as construction costs, would have to come from the Secondary Road Plan. She said that the costs associated with the right -of -way acquisition alone would be exorbitant due to the need to acquire commercial properties, including the Wendy's restaurant, as well as a commercial property containing a car wash. The cost to acquire these properties in coordination with the location of the roadway would be exorbitant and would, therefore, hinder the completion of the Aylor Road project, if secondary road funds were to be used. Ms. Lohr stated that in light of this new information, the staff Frederick County Planning Commission Minutes of October 4, 2000 Page 558 M would recommend modifying the description for this project within the road plan to read, "From near the • vicinity of Harmon Place (Rt. 1025) extending north onto Tasker Road." She noted that by placing the starting point in the general vicinity of Hannon Place, it would alleviate the cost borne by the Secondary Road Plan and the cost for acquiring the commercial properties would fall to the I -81 improvements, rather than the County's Secondary Road Plan and it would facilitate the Aylor Road project in a better manner. . Thomas commented that he and the residents of the area were not pleased with the solution proposed by VDOT for Aylor Road and the Route 277 intersection. He hoped that VDOT could come up with a better solution to the problem and also one that was not so expensive. Mr. Ours agreed with Mr. Thomas's comments. He also believed it wasn't the best approach due to the impacts on Plymn Owens subdivision, which has been here for many years, as well as the business impacts. Mr. Ours was concerned about the plans received from VDOT in the last several years on this; he said that several scenarios have been put forward and nothing seems to be quite right for this area. Mr. Ours stated that everyone should be concerned about the impact this would cause versus the advantages it would bring to the area. VDOT's resident engineer, Mr. Jerry A. Copp, stated that one aspect they are considering with regard to the design of I -81 is moving the interchange further south, which has been requested by both Frederick County and the Town of Stephens City. Mr. Copp stated that they have also looked at what to do with Rt. 277 to get traffic to the new interchange if this happens. He said that if the interchange is moved south, it would be a way of turning Route 277 south at Stickley to tie into the proposed new interchange. Ms. Lohr continued with her report, stating that there were two new hard- surface road improvement projects, Ebenezer Church Road (Rt. 705) and Hollow Road (Rt. 707), that qualified for inclusion • in this year's plan. Ms. Lohr briefly noted that Projects 7 through 31 were added to the incidental construction list and several preiPcts were funded from last year's plan. She added that the Transportation Committee made two other recommendations with regard to the Secondary Road Improvement Plan: the first recommendation was for the County to consider the use of Revenue Sharing Funds whenever possible, and second, they suggested that the Board of Supervisors consider implementing an objective rating system for unscheduled Major Road Improvement Projects because of the large number of projects on the list and the inability to objectively determine where a new project should be placed on the list. Chairman DeHaven called for public comments and the following person came forward to speak: Ms. Barbara Burrows, a resident on Klines Mill Road in Middletown, requested that Klines Mill Road (Route 633) remain the number one priority on the list of hard- surface road improvement projects and that the work be finally accomplished. Ms. Burrows commented that Klines Mill Road is in very poor condition. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the approval of the 2001 -2002 Secondary Road Improvement Plan for Frederick County with an amendment to the description of Item #2 under the Major Road Improvements for the Rt. 647 project to read, "from near the intersection of Harmon Place (Rt. 1025) extending north to Tasker Road (Rt. 642)." In addition, the Commission also endorses the Transportation Committee's recommendations that the County consider the use • Frederick County Planning Commission Minutes of October 4, 2000 Page 559 -7- of Revenue Sharing Funds whenever possible and second, that the Board consider implementing an objective • rating system for unscheduled major road improvement projects because of the large number of projects on the list and the inability to objectively determine where a new project should be placed on the list. The vote was as follows: YES (TO APPROVE) Fisher, Kriz, Miller, Ours, Thomas, DeHaven, Marker, Light, Morris, Unger ABSTAIN Wilson Request to expand the Sewer and Water Service Area (SWSA) to incorporate eight acres of Parcel 86 -A- 156, owned by investment Land Trust (Thomas J. Chasler Trustee), Zoned RA (Rural Areas) District, and located in the northeast quadrant of the intersection at Fairfax Pike (Rt. 277) and White Oak Road (Rt. 636). Action - Tabled at Applicant's Request w/ Exemption from Time Restraints Chairman DeHaven stated that a formal request has been received by the applicant to table this request, as well as a request to grant an exemption on the time restraints for resubmittal. Upon motion made by Mr. Ours and seconded by Mr. Thomas, the Commission unanimously granted the request by Investment Land Trust (Thomas J. Chaster, Trustee) to table !consideration of the expansion ofthe SWSA to incorporate eight acres of Parcel 86 -A -156 and, in addition, the Commission granted an exemption on the time restraints for resubmitting the request. Request to extend water and sewer service outside of the Sewer and Water Service Area (SWSA) to serve Parcel 86 -A -208, owned by Linwood Ritter, zoned MH -1 (Mobile Home Community) District, located at the intersection of Hudson Hollow Road (Rt. 636) and Spotswood Court. Action - Tabled at Applicant's Request w/ Exemption from Time Restraints Mr. Evan A. Wyatt, Deputy Director, presented a request from Greenway Engineering, agent for Linwood Ritter, who has requested the extension of public water and sewer service outside of the Sewer and Water Service Area (SWSA) to serve Parcel 86 -A -208, zoned MH -1 (Mobile Home Community) District, containing 5.64 acres, and located at the intersection of Hudson Hollow Road (Rt. 636) and Spotswood Court. Mr. Wyatt said that the applicant has proposed to extend a sewer force main along the east side of Hudson Hollow road which will tie into an existing sewer force main near Fairfax Pike, and to extend a water line along the west side of Hudson Hollow Road, which will tie into an existing 12 -inch water line along the south side of Fairfax Pike. He said this request would require the extension of public water and sewer service approximately 2,000 feet outside of the SWSA boundary limits. Mr. Wyatt added that similar requests to serve this parcel have been considered by the County. Mr. Wyatt stated that on April 26, 1995, the Board of Supervisors denied a request to extend sewer to this Frederick County Planning Commission Minutes of October 4, 2000 Page 560 -8- parcel, citing that it would establish a precedent; on July 13, 1998, the Comprehensive Plans and Programs • Subcommittee (CPPS) considered a request to extend water service to this parcel and consented to the water service only, provided that the size of the water line was limited to two inches and was designed specifically to serve the existing uses only on the 5.64 -acre parcel. He said that the request was later denied by the Parks and Recreation Commission, which determined that it would be inappropriate to establish an easement within the Sherando Regional Park for the purpose of allowing a private property owner to tie into the water line within the park. Mr. Wyatt further added that the CPPS considered this most recent request during their meeting of September 11, 2000 and believed that it was inappropriate to allow for the extension ofpublic water and sewer service to this parcel. The CPPS felt that it would be prudent to consider this area comprehensively and not deal with piecemeal requests. He said that the CPPS recommended denial of the request and recommended that the Board of Supervisors consider the development of a land use plan for the Fairfax Pike area as a high priority. Commission members inquired about who would bear the cost of running the line and if residential properties would be permitted to hook onto the line. Mr. Wyatt said that the cost of the infrastructure would be home by the applicant. Mr. Wyatt said that the applicant intends to run the line along the east side of Hudson Hollow Road and his desire is to make the service available to the residential uses along Hudson Holle,v R-id. He pointed out that Mr. Ritter would provide homeowners with the line, however, the property owners would need to pay for their own laterals and other costs. Mr. Mark Smith of Greenway Engineering, the design/engincering firm representing the applicant, gave some background information regarding the area and why sewer and water is so important to Mr. Ritter at this time. Mr. Smith said that there are ten properties along Route 636;1 Mr. Ritter owns 17 • trailers and five dwellings which are served by a lagoon. At the beginning of the year, the State placed new, stringent ammonia requirements into affect and the Department of Environment Quality is requiring Mr. Ritter to close his lagoon. Mr. Smith said that it makes good engineering sense to install a pump station and hook up to the line, rather than install a treatment station. Mr. Linwood Ritter, the applicant, stated that they had already begun some initial work on the Sherando Park property, with the Parks & Recreation Department's permission; he said that since water is only 120' away and sewer is 250' away, it is the most economical route. However, the Sanitation Authority's Director, Mr. Wellington Jones, contacted him and said that since the property was outside of the UDA, he could not grant permission to tap into the line without County approval. Mr. Ritter added that he already has a right -of -way across park property, for an open sewage ditch which carries drainage out of his lagoon. Mr. Ritter said that he planned to close the open ditch and install pipe so that everything would be cleaned up. Chairman DeHaven called for public comments, but no one was present to speak. Some of the Planning Commissioners voiced concerns about open lagoons and open sewage ditches throughout the County and believed these areas needed to be cleaned up for environmental reasons. The Commissioners were concerned about failing septic systems and polluted wells that exist in this area and believed the County needed to develop a strategy to take care of the problem. Commission members pointed out that if Mr. Ritter's only alternative is a treatment plant, a large amount of money would expended for a replacement system that would still require open flows through a recreational development. • Frederick County Planning Commission Minutes of October 4, 2000 Page 561 Other members ofthe Commission were adamant in their disapproval of extending water and sewer 2,000' outside of the SWSA because of the precedent it would set and the resulting growth that would occur. Commissioners believed it would be more appropriate to consider expanding the SWSA comprehensively rather than on piecemea! requests. Mr. Smith requested that the Commission table his request and he also requested an exemption of the time restraints for resubmitting so he could meet again with representatives of the Parks & Recreation Department, the Planning Staff, and possibly the CPPS. Mr. Smith hoped to produce some potential scenarios to expand the SWSA boundary which would capture the park, Mr. Ritter's property, and some other logical areas. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the request to extend water and sewer service outside of the SWSA to serve Parcel 86 -A -208, owned by Linwood Ritter, at the applicant's request and with a waiver of the time restraints for resubmitting. Request to expand the Urban Development Area (UDA) to incorporate 82 acres of Parcel 85 -A -138, owned by Dorothy Carbaugh, Zoned RA (Rural Areas) District, located on the east side of Town Run Lane (Rt. 1012). Currently, 23 acres of the 105 -acre parcel is located within the UDA. • Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that a request has been received by G. W. Clifford & Associates, Inc., agent for the Carbaugh Property and Dave Holliday Construction, to expand the Urban Development Area (UDA) to incorporate approximately 82 acres of a 105 -acre parcel. He said the parcel is identified with P.I.N. 85 -A -138, zoned RA (Rural Areas) and is located on the east side of Town Run Lane (Rt. 1012), approximately %2 mile south of the intersection with Fairfax Pike (Rt. 277). I Mr. Wyatt said that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meeting of September 11, 2000 and recommended approval. He said that the CPPS believed that if land was not made available for RP District development, the only alternative would be for the development of five -acre lots outside of the UDA. Mr. Wyatt stated that the CPPS expressed concern that the increased development of land outside of the UDA will exacerbate residential sprawl and increase the cost of providing services to County residents. He said that along with their approval, the CPPS recommended that the Board of Supervisors consider initiating a study to determine appropriate areas for the expansion of the UDA so this issue could be dealt with comprehensively instead of on a case -by -case basis. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the engineering/ design firm representing the applicants, the Dorothy Carbaugh Property and Dave Holliday Construction, came forward to present a technical overview of the project to the Commission. Mr. Dave Holliday, the applicant, suggested when UDA lines are moved in the future, that they follow parcel Iii;", incorporating an entire tract of land rather than just a portion. He said that because developers are using pump systems, the lines do not have to follow drainage ways. He believed that • Frederick County Planning Commission Minutes of October 4, 2000 Page 562 -10- incorporating the entire parcel would simplify the paper and map work and would also save time for the staff and developers. Mr. Holliday next presented a map showing areas within the UDA that are currently available for development and he pointed out that there are very few parcels available for development for various reasons. He believed that as the County experiences growth, it should be kept near the UDA where services, such as schools, police, and fire and rescue, are located nearby. He believed that to be prudent as a County, the UDA lines need to be expanded. Mr. Holliday said that he was not interested in developing two and five - acre tracts outside of the UDA because of all the drainfield issues. He said that developers are market- driven, and that developers accommodate growth, not create it. He added that this particular property is poor agricultural property. He said that the property is in a trust and the owners want to sell it; the UDA line goes through the middle of this property. He further added that the developers could probably offer an improved road system in [tns area. There were no citizen comments. The Planning Commission agreed that it was appropriate to move the UDA line to incorporate the entire Carbaugh parcel. Members of the Commission also agreed with the comments from the CPPS concerning the exacerbation of residential sprawl and increased costs of providing services, if more land was not made available for RP development. Upon motion made by Mr. Thomas and seconded by Mr. Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the UDA line be expanded to incorporate the entire 105 -acre parcel identified with P.I.N. 85 -A -138, . currently owned by Dorothy Carbaugh, and located on the east side of Town Run Lane (Rt. 1012), approximately %, mile south of the intersection with Fairfax Pike (Rt. 277). (Note: Mr. Wilson was not available to vote on this item.) -- ---- - - - - -- ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by unanimous vote. Respectfully submitted, • Frederick County Planning Commission Minutes of October 4, 2000 Page 563 Charles S. DeHaven, Jr., Chairman