PC_02-18-98_Meeting_MinutesMEETING MINUTES
• OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on February 18, 1998.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Robert A. Morris, Shawnee District;
Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon
District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee
District; George L. Romine, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook,
Legal Counsel.
ABSENT: John R. Marker, Vice-Chairman/Back Creek District; Robert M. Sager, Board Liaison
STAFF PRESENT: Kris C. Tierney, Planning Director; Eric R. Lawrence, Zoning Administrator, Michael
T. Ruddy, Planner Il; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
® Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES OF DECEMBER 3, 1997 & DECEMBER 17, 1997
Upon motion made by Mr. Wilson and seconded by Mr. Romine, the minutes of December 3,
1997 were unanimously approved as presented.
Upon motion made by Mr. Romine and seconded by Mr. Wilson, the minutes of December 17,
1997 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
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• COMMITTEE REPORTS
Development Review & Regulations Subcommittee MRS) - 01/29/98 Mtg.
Mr. Thomas reported that the DRRS discussed design standards and this will be the committee's
topic of discussion for the next several meetings.
Comprehensive Plans & Programs Subcommittee (CPPS) - 02/09/98 Mtg.
Mrs. Copenhaver reported that the CPPS discussed work items for the next several months,
which involves land use in the southeast part of the County.
Transportation Committee - 02/03/98 Mtg.
Mr. Thomas reported that the Transportation Committee discussed the 1998 Frederick County
Primary Road Improvement Plan which will be forwarded to the Commission later in the meeting.
•
Historic Resources Advisory Board (HRAB) - 02/17198 Mtg.
Mr. Morris reported that the HRAB reviewed and discussed three items at their meeting: the
first was the rezoning of approximately three acres of land from RA to B2 in the Albin area and this was
considered in light of the viewshed from Longreen Estate; the second review was for the potential rezoning of
95 acres at Carriebrook, located at the intersection of Routes 37 and 642, which contains Civil War redoubts;
and finally, the HRAB reviewed a rezoning request for 63 acres from RA to M1 adjacent to the GE Plant on
Apple Valley Road for a potential site for the Coca -Cola Company, and this was discussed in light of the
Keinstown viewshed.
Sanitation Authority (SA) - 02/17/98 Mtg.
Mrs. Copenhaver reported that Mr. Jones, the Director of the SA, brought everyone up -to -date
on how water and sewer would be extended to supply the Cardinal Glass plant, if it should come to this area.
Mrs. Copenhaver said that if the glass plant comes to this area, they anticipate the construction of a 750,000
gallon water tank on the property.
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•
Winchester City Planning Commission (WPC) - 02/17/98 Mtg.
Mr. Ours reported that the major issue before the WPC has been the Summerfield Luxury
Apartments, which would be built adjacent to the Orchard Hill development on Cedar Creek Road, and the WPC
gave their final subdivision approval. Mr. Ours said that the WPC also granted final subdivision approval to
subdivide three parcels on Pleasant Valley Road for the new Lowe's store and also approved a text amendment
to the sign ordinance which increases the size of signs allowed along the I -81 corridor.
PUBLIC HEARINGS
Conditional Use Permit 9019 -97 of Denise McClearen for a cottage occupation to operate a dog grooming
business. This property is located at 4784 Front Royal Pike and is identified with P.I.N.s 94A- 1 -11 -4
through 94A- 1 -11 -9 in the Opequon Magisterial District.
Action - Recommended Approval
• Mr. Michael T. Ruddy, Planner II, reported that the various reviewing agencies presented no
overall objections to the issuance of a conditional use permit. Mr. Ruddy said that staff believed this cottage
occupation would not have a negative impact on the surrounding neighborhood, taking into consideration the
existing Wishing Well facility and upon considering the scale of the proposed dog grooming business, the
proposal will clearly be incidental to the existing residence.
Mr. Ruddy pointed out that a zoning violation did exist on the property with regards to the
structure being built across numerous lots; however, in the months since the application was brought before the
Commission, that violation has been resolved by the applicant. Mr. Ruddy suggested that staff recommendation
#2 be eliminated, as it would no longer be necessary.
There were no citizen comments. The applicant was available for questions.
No issues of concern were raised by the Commission.
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve
Conditional Use Permit #019 -97 of Denise McClearen for a cottage occupation to operate a dog grooming
business at 4784 Front Royal Pike with the following conditions:
All review agency comments will be complied with at all times.
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• 2. Sufficient parking shall be provided to accommodate customer's vehicles.
3. No dogs will be permitted to be boarded on the property overnight.
1998 -1999 CAPITAL IMPROVEMENTS PLAN FOR FREDERICK COUNTY
Action - Recommended Approval
Mr. Evan Wyatt, Deputy Planning Director, presented the recommended 1998 -1999 Frederick
County Capital Improvements Plan (CIP) for Frederick County. Mr. Wyatt explained that the purpose of the
CIP is to provide the Board of Supervisors with information regarding the capital facilities needs of the County's
various departments and agencies, to create an advisory document that can be utilized as a budgetary tool during
the Board's annual budget process, and to provide an opportunity for the County to realize development proffers
for capital projects. Mr. Wyatt summarized the projects and costs for the Commission using a slide presentation.
Chairman DeHaven called for public comment and the following person came forward:
Ms. Jeannie Brown, President of the Parent -to -Parent Group of the Winchester area, which is
a group of parents with special -needs children, requested that the Planning Commission consider alternatives to
the $2.5 million NREP addition proposed in the CIP. Ms. Brown suggested that the pre - school, severely and
• profoundly disabled students be kept in their own school districts and in the least restrictive environment. She
felt the money could be put to better use if a classroom was added to the schools the children would be going to
and this would reduce the number of new classrooms needed at NREP. Ms. Brown felt that NREP improvements
need to be made, however, their children also needed to be in their own home school districts.
Mr. Thomas R. Malcolm, Frederick County School System Superintendent, stated that the
School Board has considered the suggestions of the Parent -to -Parent Group and has decided that they will not
pursue expansion to NREP; but will, over a period of time, remove those students who are currently housed at
NREP who could be housed back in the home schools adequately, comfortably, and appropriately, and serve those
students at the home schools. Mr. Malcolm reiterated that Item 43 on the CIP list has been removed by the
School System in pursuit of another avenue for the NREP building.
Commissioner Light stated that he has been an opponent of this particular planning document
(CIP) for several years, not because he felt any of the projects were not warranted, but rather by the manner in
which it was presented and planned. Mr. Light questioned how projects were designated on the plan and he
offered a couple of perspectives. Mr. Light said that he understood that the proffer program was based on the
dollar amounts in the CIP. To illustrate, he pointed out that the Parks & Recreation Department represented 12
projects or 42% of the total dollars in the CIP, creating a high percentage base within the CIP; which in turn,
directly affected the Parks & Recreation Department in the total dollars of the proffer program. Mr. Light felt
that if Parks & Recreation represented 2% of the County's total budget, then they should represent 2% of the CIP.
He argued that the CIP should not throw off the perspective amount of money that developers are proffering
because their percentage of the CIP is greater. Commissioner Light also believed that because of the large
amount of money represented in the CIP, there needed to be a separate committee, represented by administration,
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• . Planning, the Board, and other departments, to examine proposed expenditures and a process whereby the
individuals involved could voice their opinions as projects are studied. Commissioner Light said that he was
being asked to participate in a plan that he was not certain was the best value for the tax dollars in the County.
Mr. Light concluded that he felt very strongly about this and believed it needed to be examined further.
Commissioner Light's views on the CIP were not shared by all members of the Commission,
however. One member pointed out that some departments, such as Parks & Recreation, charge users fees, so their
operating costs may not all come out of the County's budget. Other members held the view that the CIP came
before the Commission primarily for review in relation to the Comprehensive Plan, not so much for the financial
review. Regarding the Impact Model, Mr. Tierney explained that various departments, such as the School
System or Parks & Recreation, are not in competition for the same dollar. Mr. Tierney said that although there
may be more projects from a particular department, it doesn't hurt another department when it comes to the way
the proffers are calculated.
The general consensus was for support of the CIP as presented and upon motion made by Mr.
Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the
1998 -1999 Frederick County Capital Improvements Plan with the deletion of Item 43, the NREP Addition, by
the following majority vote:
YES (TO APPROVE) Morris, Copenhaver, DeHaven, Wilson, Romine, Thomas, Ours, Stone
• NO: Light
Subdivision Application #004 -98 of Mark and Rachelle Repine for the subdivision of a 1.3719 -acre tract,
zoned RP, into three lots. This property is located at the eastern portion of Idylwood Drive in the existing
Heritage Hills subdivision (Rt. 1238) and is identified with P.I.N. 54 -3 -1A in the Shawnee Magisterial
District.
Action - Recommended Approval
Mr. Eric Lawrence, Zoning Administrator, stated that Idylwood Drive currently does not end
in a cul-de -sac. Mr. Lawrence said that the proposal is to extend Idylwood Drive into this 1.3719 acres, cul -de-
sac Idylwood Drive, and create three single - family detached traditional lots off of the cul -de -sac.
Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineers for the project,
said that he met with VDOT on the site and all requirements will be met, water lines will be extended for fire
hydrant placement, and any other utilities required will also be extended.
There were no citizen comments.
No issues of concern were raised by the Planning Commission.
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• Upon 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 Subdivision Application #004 -98 of Mark and Rachelle Repine for the subdivision of a 1.3719 -acre
tract into three single - family traditional lots.
Subdivision Application #015 -97 of the Wythe Avenue Extension by Greenway Engineering, Inc. to
subdivide a 1.4065 -acre tract, zoned RP, into four lots. This property is located at the end of the existing
Wythe Avenue in Stephens City and is identified with P.I.N. 75 -A -65 in the Opequon Magisterial District.
Action - Recommended Approval w/ No Entrances Onto Caroline Avenue
Mr. Eric Lawrence, Zoning Administrator, stated that Wythe Avenue does not currently end in
a cul-de -sac. Mr. Lawrence said that the proposal is to extend Wythe Avenue into the 1.4065 -acre tract, cul -de-
sac Wythe Avenue, and create four single - family detached traditional lots off of the cul -de -sac.
Mr. Mark Smith with Greenway Engineering, Inc., the design engineers for the project, stated
that this will be a 80' extension for the installation of a cul -de -sac. Mr. Smith said there were no outstanding
issues from any of the review agencies.
M Chairman DeHaven called for public comment and the following person came forward to speak:
Ms. Vivian A. Gill, adjoining property owner at 217 Wythe Avenue, spoke with the Commission
concerning a standing water problem she has been experiencing against her house in her side yard. She explained
that the drainage ditch in front of her home is not taking the water and the ditch remains dry. Ms. Gill said that
she was not opposed to the construction of additional homes, as long as something was done to correct her water
problem.
Mr. Smith responded to the property owner's concerns and stated that the Public Works/
Engineering Department will require the submission of detailed grading and drainage plans prior to lot
construction and this should alleviate the problems.
Members of the Planning Commission were concerned about the access of two lots, Lot 4 and
Lot 3, on Caroline Avenue because of traffic safety. Members of the Commission pointed out that Caroline
Avenue serves as a major ingress /egress for Fredericktowne, Fredericktowne Estates, and Albin Village, and is
a very busy, dangerous area. The consensus of the Commission was that they would not support the subdivision
if any lots were to access Caroline Avenue for the reasons mentioned.
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision Application 4015 -97 of the Wythe Avenue Extension submitted by Greenway
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• Engineering, Inc. for the subdivision of a 1.4065 -acre tract into four single - family traditional lots with the
following change: No entrance from any lots onto Caroline Avenue will be allowed.
Proposed 1998 Frederick County Primary Road Improvement Plan. The purpose of the plan is to advise
the Commonwealth Transportation Board of the funding priorities for the Primary Road System in
Frederick County.
Action - Recommended Approval
Mr. Michael T. Ruddy, Planner II, presented the 1998 Frederick County Primary Road
Improvement Plan to the Planning Commission for consideration. Mr. Ruddy stated that the purpose of the plan
is to advise the Commonwealth Transportation Board of the funding priorities for the Primary Road System for
Frederick County. He said that Frederick County representatives will be attending the 1998 Pre - allocation
Hearing on April 3, 1998 at the Augusta County Government Center to present the plan to the Commonwealth
Transportation Board.
Mr. Ruddy explained that the plan maintains the same priorities that were presented in the 1997
plan; however, the Route 11 South project has been revised to reflect the recommendations of the Winchester
Area Transportation Study, and upon recommendation of the Transportation Committee, the Route 277 project
has been broken into two segments. Mr. Ruddy further stated that this year's plan continues to focus on the
• development of a new limited access corridor, Route 37, and improvements to existing major and minor arterial
systems within the County's urban development area. Mr. Ruddy next proceeded to review each of the priorities
with the Commission.
There were no public comments.
No issues of concern were raised by the Commission.
Upon motion made by Mr. Ours and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the 1998 Frederick County Primary Road Improvement Plan as presented by the Transportation
Committee.
ECONOMIC DEVELOPMENT COMMISSION APPOINTMENT
Chairman DeHaven appointed Mr. George L. Romine to serve another term on the Economic
Development Commission and he also appointed Terry Stone as the alternate member.
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F I
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by unanimous vote at
8:00 P.M.
Respectfully submitted,
16S C. �
Charles S. DcHaven, Chairman
(Jr.)
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