PC_11-01-00_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 November 1, 2000.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman, Back
Creek District; Greg L. Unger, Back Creek District; John H. Light, Stonewall 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; Gene E. Fisher, Citizen at Large; Sidney A.
Reyes, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT: S. Blaine Wilson, Shawnee District
STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Amy
M. Lohr, Planner II; Howard R. Long, III, Planner I; Jeremy F. Camp, Planner I; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
0 Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - October 4.2000
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of October 4,
2000 were unanimously approved as presented.
Development Review & Regulations Subcommittee (DRRS) - 10/30/00 Mtg.
Mr. Roger Thomas reported that the DRRS discussed expanding some allowable uses in the
B I areas. There was also discussion on whether or not parking areas should be paved in the industrial areas.
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PUBLIC HEARINGS
• 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,
located in the northeast quadrant of the intersection at Fairfax Pike (Rt. 277) and White Oak Road (Rt.
636) and identified with P.I.N. 86 -A -156. (This item was tabled at the October 4, 2000 meeting.)
Action - Recommended Denial
Mr. Evan A. Wyatt, Deputy Planning Director, stated that Investment Land Trust has made
a request to expand the County's Sewer and Water Service Area (SWSA) by incorporating approximately
eight acres of a 50.786 -acre parcel, located in the northeast quadrant of the intersection!of Fairfax Pike (Rt.
277) and White Oak Road (Rt. 636). Mr. Wyatt reported that the Comprehensive Plans and Programs
Subcommittee (CPPS) considered this request during their September 11, 2000 meeting and believed it was
inappropriate to incorporate the eight -acre portion of the 50.786 -acre parcel at this time. He said that the
CPPS believed it would be prudent to consider this area comprehensively and not with piecemeal requests. Mr.
Wyatt said that the CPPS recommended denial of this 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.
Mr. Stephen M. Gyurisin with Triad Engineering was present to represent the applicant and
answer questions from the Commission.
Chairman DeHaven called for public comments, but no one came forward to speak.
• Mr. Ours made a motion to approve the request to expand the SWSA to incorporate this eight -
acre portion of land, however, this motion died due to the lack of a second to the motion.
Mr. Morris believed a comprehensive study was needed before the County extends sewer and
water further for additional uses. He did not believe it was appropriate to treat one request favorably and
another not so favorably. Mr. Morris said that the County should accommodate all- comers or wait for the
completion of a comprehensive study so that decisions can be made in an equitable way. He said that for this
reason, until there is a better understanding of what should and should not be done along this corridor and with
the Ritter property, he did not believe he could support the request.
Mr. Thomas agreed that a plan for the area was desperately needed. Mr. Thomas believed
that because this was a commercial entity, not residential, and was not a situation where there is a health
concern, and because the development has not yet occurred, he believed it was premature to extend the water
and sewer area for this single use.
Morris.
Other members of the Commission agreed with the statements made by Mr. Thomas and Mr.
Upon motion made by Mr. Thomas and seconded by Mr. Miller,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
denial of the request to expand the Sewer and Water Service Area (SWSA) to incorporate eight acres of Parcel
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86 -A -156, owned by Investment Land Trust (Thomas J. Chasler Trustee).
Conditional Use Permit #17 -00 of Rhoda W. Kriz for an expansion to Conditional Use Permit #24-99
which permits a Cottage Occupation for a Bed and Breakfast. The proposed expansion is to provide for
receptions and other gatherings such as seminars, etc. This property is located at 547 Apple Pie Ridge
Road and is identified with Property Identification Number 42 -A -206 in the Gainesboro Magisterial
District.
Action - Tabled for 60 Days
Mr. George J. Kriz, Mr. Robert M. Morris, and Mr. Sidney A. Reyes all stated that they
would abstain from participating in the discussion or voting of this conditional use permit (CUP) request. Mr.
Kriz left the room for this discussion item.
Mr. Jeremy F. Camp, Planner 1, read the background information and review agency
comments. Mr. Camp said that the property is now being used as a bed and breakfast; if the CUP is approved
as requested, the p. operty will also be used for weddings, wedding receptions, and other gatherings. He said
that the proposed use meets the conditions of a cottage occupation. Mr. Camp said that no negative comments
have been received from the reviewing agencies, however, the Health Department and the Fire Marshal have
put forth restrictions on approval. He said that the Health Department has placed a limit of no more than 60
persons at one time for receptions and seminars; the Fire Marshal's concerns have been addressed in the
• conditions of approval of the CUP.
Mr. Camp said that two letters were submitted in opposition to the proposed CUP, one from
Mr. and Mrs. David Newlin and one from Mr. Phil Farley, and a petition of opposition was submitted by Mr.
and Mrs. Robert Fetter, Mr. and Mrs.. Paul Hillyard, and Ms. Dottie Farley.
Mr. Thomas asked for an explanation for the 14- foot -high clearance required by the fire
department and another commissioner commented that 14 feet was standard in order to get ladder trucks
through the property.
speak:
Chairman DeHaven called for public comments and the following persons came forward to
Mr. Paul Hillyard, adjoining property owner at 192 Woodcrest Drive, stated that he was
opposed to the operation of a commercial business in his residential neighborhood and he was also concerned
about expansion. of the business in the future. Referring to the letters and petition submitted, he said that his
neighbors were also in opposition to the proposed expansion.
In response to inquiries from the Commission, Mr. Hillyard said that his home was less than
100 yards from the Kriz's with a wooded area in between. When asked if he would like to see a cut-off time
for activities in order to control noise or a cutoff on the numbers of people allowed, Mr. Hillyard said that he
was not in favor of the operation under any conditions. He said that this is a residential area, not a commercial
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area and he and the Farleys, the Hillyards, and the Fetters are opposed to the CUP.
• Mrs. Rhoda W. Kriz, the applicant, said that some interest has been expressed, particularly
from companies, to bring out some of their employees for day -long retreats or seminars. She said that her
recreation room, which is 32'X 50', lends itself quite well for that purpose. Mrs. Kriz said that she did not ask
for receptions and seminars when first applying for the bed and breakfast because they would not be advertising
those together; they would not be able to house the number of people that would come for a seminar. She said
that through the years, they have had a lot more than 60 people at their house at any one time and she explained
what those occasions were about to the Commission. She said that she received no complaints from the
neighbors regarding noise or traffic during these occasions. Mrs. Kriz said that 90 -95 %ofthe entertaining they
have done at her house has been indoors. Mrs. Kriz commented that the James Wood High School's band can
be heard very well at her house and on Friday nights, they hear all the plays called during football games. She
said that she has worried about whether her guests would object to all the sound coming from James Wood on
Friday evenings. She said the sound from James Wood goes on much longer into the evenings than any of her
receptions. Mrs. Kriz said that they have replaced their old driveway with a circular driveway that will
eliminate all the backing up and turning; they have also cut all the overhanging tree limbs to meet the 14'
clearance requirement from the Fire Marshal. Mrs. Kriz said that she would not have bands or diskjockeys
outside during receptions.
Members of the Commission inquired if activities for wedding receptions would be out on the
lawn and Ms. Kriz replied that it would probably be a combination of both inside and outside.
Commission members asked Mrs. Kriz if she planned to construct a gazebo or other structure
to use in conjunction with the reception activities. Mrs. Kriz said they intend to construct a pergola, which is
. smaller than a gazebo, but larger than an archway. She said that it will be placed at the east side of their front
yard, which is farthest away from the neighbors.
Mr. Light said that he would be interested in reviewing the owner's set of rules for the
receptions and seminars.
Mr. Ours asked Mr. Hillyard if he has had a problem in the past with noise or numbers of
people at Mrs. Kriz's home with other gatherings she has had. Mr. Hillyard said that he has heard bands and
noise, but did not want to cause any problems. Mr. Hillyard was concerned the business would increase in
nature in the future.
Some members of the Commission said that because of the topography, they could not foresee
the Kriz's proposed activities causing problems for the neighbors; however, other members of the Commission
Were concerned that the proposed use was too commercial in nature for this residential area.
A motion was made by Mr. Miller and seconded by Mr. Light to deny the CUP. However,
this motion failed by the following vote:
YES (TO DENY) Light, Miller, Fisher
NO: Unger, Marker, DeHaven, Thomas, Ours
ABSTAIN Morris, Kriz
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Some members of the Commission hoped that a compromise could be reached between the
. neighbors and the applicant, if the Kriz's established a set of rules and regulations acceptable to all concerned
parties. In order to pursue this avenue, they believed the application should be tabled for 60 days.
Upon motion made by Mr. Ours and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Conditional Use Permit # 17 -00 of Rhoda W. Kriz for an expansion to Conditional Use Permit #24 -99 to
provide for receptions and other gatherings, such as seminars, etc., for period of 60 days to allow for the
petitioners to come back with a list of rules and regulations that would assist in making the proposed activities
acceptable to the neighbors.
ABSTAIN Morns, Kriz
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the Commission voted
unanimously to make the two letters submitted in opposition to the proposed CUP, one from Mr. and Mrs.
David Newlin and one from Mr. Phil Farley, and a petition of opposition by Mr. and Mrs. Robert Fetter, Mr.
and Mrs. Paul Hillyard, and Ms. Dottie Farley a part of the official record.
. Consideration of a request by the Virginia Department of Conservation and Recreation to include Route
600, from Route 55 to the Shenandoah County Line, as a Virginia Byway in coordination with the
designation of roads in Shenandoah County.
Action - Recommend Approval
Ms. Amy M..Lohr, Planner II, stated that the purpose of this public hearing is to consider a
request from the Virginia Department of Conservation and Recreation (VDCR) to endorse portions of Route
600, from Warcracille Pike (Rt. 55) to the Shenandoah County line, for inclusion in the Virginia Byways
Program. Ms. Lohr said that designation is an act of recognition, and acceptance into the program does not
preclude a property owner's right to utilize their property in accordance with local land use provisions. In
addition, Ms. Lohr stated that recognition as a Virginia Byway does not infringe upon VDOT's ability to
maintain, construct, improve, and locate roads. Ms. Lohr said that at the Transportation Committee's meeting
of October 3, 2000, members unanimously recommended approval of VDCR's request.
Chairman DeHaven called for public comments, however, no one came forward to speak.
Mr. Kriz, member of the Transportation Committee, stated that the committee had discussed
this subject thoroughly and was in favor of the request.
Upon motion made by Mr. Miller and seconded by Mr. Kriz,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
. approval to the Board of Supervisors of the request by the Virginia Department of Conservation and Recreation
to include Route 600, from Route 55 to the Shenandoah County line, as a Virginia Byway in coordination with
the designation of roads in Shenandoah County.
Master Development Plan k07 -00 of Copperfield, submitted by G. W. Clifford & Associates, Inc. for the
development of 57 townhouse lots. This property is located on the east side of Brookland Lane (Rt. 658),
approximately 600 feet south of the intersection of Brookland Lane and Valley Mill Road (Rt. 659) and
is identified with P.I.N. 54 -2 -3 and 54 -2 -4 in the Shawnee Magisterial District.
Action - Recommended Approval
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Ms. Amy Lohr, Planner II, read the background information and review agency comments
Ms. Lohr said that the following five issues have been raised by the staff. 1) a 30' right -of -way should be
dedicated for thc extension of Route 1261 (Little River Drive); the dedication would provide a future link
between several townhouse developments, alleviating the need to utilize Valley Mill Road (Rt. 659) as the sole
means of east -to -west access in this area; 2) Brookland Lane (Rt. 658), which currently serves Parkview
Apartments, must be constructed to the limits of the Copperfield development; 3) There is a 10' section of
proposed Copperfield Lane which is in excess of 500 feet from Brookland Lane. In cases where enhanced
circulation is provided with a driveway loop, the Planning Commission has the authority to allow lots to be
located as much as 800 feet from a state - maintained road; staff believed the applicant's requested waiver to
• allow the 800 feet was appropriate, given the dual points of access on proposed Copperfield Lane; 4) a
narrative should be incorporated on the final master development plan (MDP) describing appropriate access
easements for the parking areas, and 5) the types of recreational facilities planned need to be specified on the
plan.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for
this project, was present to represent the applicant, Oak Crest Development. In regard to the County
Engineer's comments pertaining to the stormwater management pond in the southeast comer as being
unworkable because it was on a topographic high, Mr. Maddox stated that they will be altering the contours
of the site so that it does function properly. He said that in order to provide direct access to the townhouse
units, they need to have frontage on the parking lot. Mr. Maddox believed that he would be able to submit a
stormwater management plan that will meet all the requirements of state and local regulations.
C "airman DeHaven asked Mr. Maddox how much of a setback variance over the required 500
feet he thought was needed along Copperfield Lane. Mr. Maddox believed the lots were within 25 feet of the
500 foot requirement.
Chairman DeHaven called for public comment, but no one came forward to speak.
The Planning Commission believed that 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 that the overall gross density and general site layout were consistent with the requirements of the Zoning
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and Subdivision Ordinances. They believed the waiver request was appropriate. They stipulated that the
• applicant needed to address all of the issues raised by the staff, the Planning Commission, and the Board of
Supervisors prior to final administrative approval of the MDP.
L, Von motion made by Mr. Morris and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Master Development Plan #07 -00 of Copperfield for the development of 57 townhouse lots with
a variance on the 500 -foot distance from the State roadway, contingent on all review agency comments being
met, as well as those of the Planning Commission and Board of Supervisors.
The vote on this master plan was:
YES: Morris, Light, Marker, Thomas, Ours, Miller, Kriz, Fisher, DeHaven
ABSTAIN Unger
DISCUSSION ITEM
Discussion of Proposed Amendments to the Permitted Use Lists of the B2 and B3 Zoning Districts to
Allow for Animal Services, Except Veterinary.
• Ms. Amy M. Lohr, Planner II, reported that a request had been received from Triad
Engineering to consider an amendment to the permitted use lists for B2 (Business General), B3 (Industrial
Transition), and M 1 (Light Industrial) Zoning Districts, to include all uses in Industry Group Number 075 -
Animal Services, Except Veterinary. Ms. Lohr said that Use Category 075 encompasses two industry
numbers, 0751, which includes performing services, except veterinary, for livestock, and 0752, which includes
performing services to pets, equine, and other non - livestock animals.
Ms. Lohr said that the Development Review and Regulations Subcommittee (DRRS)
considered the proposed amendments at their July 27, 2000 meeting. The committee reached a general
consensus that services for pets, equines, and other animal specialties (Group 0752) are highly appropriate for
the B2 and B3 Districts. The DRRS believed that livestock services, on the other hand, are not consistent with
the intent of our commercial and industrial districts and should not be permitted in the B2 and B3 Districts.
Ms. Lohr continued, stating that the DRRS believed that the Industrial Parks Association
(IPA) should be involved in a discussion of the allowance of animal services in the M1 District. At their
meeting of October 17, 2000, the IPA recommended that animal services not be included in the M I District.
Subsequently, the request for animal services to be permitted in the M 1 District was withdrawn.
Mr. Morris commented that the proposed amendment states that the use will occur within fully
enclosed strctu res and he inquired if outdoor herding or gathering would still be permitted. Ms. Lohr replied
that herding has been eliminated altogether.
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There were no public comments.
Mr. Stephen M. Gyurisin, representing Triad Engineering, Inc., was available to answer
questions from the Commission. Mr. Gyurisin said that a new business, a pet daycare facility, is interested in
establishing a use in the B2 and B3 Districts.
The Planning Commission instructed the staff to proceed with scheduling a public hearing for
this item at the next available meeting.
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 8:25 p.m. by
Respectfully submitted,
• C 's C. T , min it�{or
e � Lk�
Charles S. DeHaven, Jr., Chairman
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Minutes of November 1, 2000 Page 577