PC_01-03-96_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
January 3, 1996.
PRESENT_ Planning Commissioners present were? Charles S. DeHaven, Jr.,
Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek
District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District;
Richard C. Ours, Opequon District; Marjorie H. Copenhaver, Back Creek District;
Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large. Robert
M. Sager, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT_ S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; and Vincent
DiBenedetto, Winchester City Liaison.
Staff rep sent: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning
Administrator; Evan A. Wyatt, Planner 11; Kris C. Tierney, Deputy Director; and Renee' S.
Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
ELECTION OF OFFICERS FOR 1996
Action - Election of Charles DeHaven, Jr. as Chairman
Chairman DeHaven declared nominations open for Chairman. The nomination of
Charles S. DeHaven was made by Mr. Marker and seconded by Mr. Romine.
4120
2
A motion was made by Mr. Thomas, seconded by Mrs. Copenhaver, and
unanimously passed to close the nominations for Chairman.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
elect Charles S. DeHaven, Jr. as Chairman of said Commission for the year of 1996.
Action - Election of John R. Marker as Vice Chairman
Chairman DeHaven declared nominations open for Vice - Chairman. The
nomination of John R. Marker was made by Mrs. Copenhaver and seconded by Mr. Ours.
A motion was made by Mr. Thomas, seconded by Mr. Light, and unanimously
passed to close the nominations for Vice Chairman.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
elect John R. Marker as Vice Chairman of said Commission for the year of 1996.
Action - Election of Robert W_ Watkins as Secretary
Chairman DeHaven declared nominations open for Secretary. The nomination of
Robert W. Watkins was made by Mr. Marker and seconded by Mr. Thomas.
A motion was made by Mrs. Copenhaver, seconded by Mr. Light, and unanimously
passed to close the nominations for Secretary.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
elect Robert W. Watkins as Secretary of said Commission for the year of 1996.
MEETING SCHEDULE FOR 1996
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
4121
3
BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have
regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. and work
sessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both regular meetings and
work sessions will be held in the Board Room of the Old Frederick County Court House at 9
Court Square in Winchester, Virginia.
MEETING MINUTES OF NOVEMBER 15 1995
Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of
November 15, 1995 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's
information.
SUBDIVISIONS
Subdivision Application #014 -95 of HFG Partnership to subdivide 10.031 acres into two
lots. This will create a lot of 7.308 acres of M1 land and a lot of 2.692 acres of 132 zoned
land. The property is located off of Route I 1 South on Sulky Drive and is identified with
P.I.N_ 75 -A -I1B in the Back Creek District_
Action - Approved
Mr. Miller said that this plat also adjusts the boundary of a divided B2 lot to add
.031 acres of adjoining B2 to this lot. Mr. Miller added that there is an approved master
development plan for this property and this proposed subdivision is in conformance with that plan.
Mr. Ralph Gregory, the owner and applicant, was present to answer questions from
4122
S
the Commission.
The Commission had no outstanding problems with this subdivision.
Upon motion made by Mr. Romine and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #014 -95 of HFG Partnership to subdivide 10.031 acres into two
lots in the Back Creek District. This will create a lot of 7.308 acres of M I land and a lot of 2.692
acres of B2 land.
PUBLIC HEARINGS
Conditional Use Permit #013 -95 of The National Humane Education Society for a change
in use and an addition to an existing kennel. This property is located on the north side of
Walters Mill Road (Rt. 836) in Stephenson and is identified with PIN 44 -A -100 in the
Stonewall District.
Action - Recommended Approval with Conditions
Mr. Miller said that there were two active conditional use permits on this property,
which is the location of Aberdeen Kennels operated by Cheryl and Mark Anderson. Mr. Miller
said that Conditional Use Permit #001 -86 was amended and approved on October 24, 1990 for
the expansion of the kennel (S.P. #047 -90) and Conditional Use Permit #012 -94 for a veterinary
hospital /office was approved on January 25, 1995.
Mr. Miller stated that the application presented by The National Humane Education
Society (N.H.E.S.) requests approval to continue use of the existing kennel, but not as a
commercial enterprise. Mr. Miller said that the applicant also projects the possible construction
of at least five additional buildings to house approximately 150 cats in each building. He said that
the existing pasture and barn are to be utilized for approximately 15 retired horses. He said that
the application states that 45 full or part time employees are anticipated and the currently
permitted veterinary office will be utilized by an in -house vet.
Mr. Mark Stivers, attorney representing the N.H.E.S., introduced himself and
James Taylor, Development Officer; Anna Briggs, Chairperson of the Board of Directors and
4123
5
founder of N.H.E.S; and William Cropp, Executive Director. Mr. Stivers stated that the
N.H.E.S. is dependent on donated funds for its operation. He said that N.H.E.S intends to utilize
the property as it is currently utilized, however, their facilities would be made available to animals
from outside the State of Virginia. Mr. Stivers asked for an amendment to the staff's
recommended condition #5 to remove the phrase, `conversion back to a commercial facility will
require a new conditional use permit.' Mr. Stivers was concerned that the organization might be
in jeopardy from a lending standpoint, if the continuation of the conditional use permit relied on
whether the operation was for profit or nonprofit.
Mr. Stivers answered questions from the Commission on waste removal, numbers
of animals, disease control, health care, and building construction.
Mr. James Taylor came forward to speak on the history, purpose, and membership
of the N.H.E.S. Mr. Taylor said that euthanasia is not used as population control, but they prefer
to use spaying, neutering, and adoption.
Chairman DeHaven called for public comment and the following persons came
forward to speak in opposition:
Mrs. Tina Bragg, adjoining property owner and the closest resident to Aberdeen
Kennels, came forward to speak. Mrs. Bragg's main concern was the continual deterioration of
the private road (that portion of Walters Mill Road that was not state maintained) resulting from
the increased traffic from the expanding business. Mrs. Bragg felt the N.H.E.S. should be
required to do something with the road if this conditional use permit was approved. Mrs. Bragg
said that from Route 11, there is one mile of state - maintained road, then 1/4 mile of private road
to her home, and then another 1/4 mile of private road to the kennel. She said that two other
residents beside herself access this road. Mrs. Bragg was also concerned about litter, dust, noise,
lack of privacy, contamination of ground water, effects on property values, and dangers to
wildlife. Mrs. Bragg asked if this would be a 24 -hour operation, how wastes would be disposed,
what the time frame of development would be, and when the kennel runs would he enclosed.
Mr. Esten O. Rudolph, Jr., neighboring resident, asked if this would be a tax
exempt property.
Mr. Slivers came forward to speak about some of the concerns raised. Mr. Slivers
confirmed that the N.H.E.S. is a tax exempt organization. He said that the tax exempt status must
go before the Board of Supervisors and then to the General Assembly. Mr. Stivers said that the
earliest the General Assembly could deal with this matter is January of 1997. With regard to the
road situation, Mr. Stivers said that they have not yet spoken with an engineer for
4124
2
recommendations, however, tar and chipping the road was mentioned. Mr. Stivers said they are
interested working with the neighbors and the staff on the road matter.
Members of the Commission felt that the proposal itself was an intensification of
use, mainly because of the increase in employees to 45 and the proposed building of five new
structures that would each house 150 cats. They were concerned about an increase in traffic, in
light of the neighbors' comments about the condition of the road. Members of the Commission
were concerned about the possibility of this converting back to a commercial operation because
it would result in a tremendous impact of traffic and noise over the N.H.E.S.'s operation and they
addressed this with Condition #5. They also wanted to make sure that the conditions of the
previous conditional use permits would still be in effect. It was noted by Commissioners that this
was a fairly good location for this type of operation because it was isolated from residences.
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 Conditional Use Permit #013 -95 of the National Humane Education Society for the
change of use and the expansion of an existing kennel with the following conditions:
1. Any expansion of facilities to accommodate the desired uses, other than conversion of the
apartment, will require a site plan with formal Planning Commission review and approval.
2. The number of employees will be limited to the number allowed by approved health
systems.
3. Building permits shall be required for construction of the one apartment over the kennel
and it shall not be occupied until a certificate of occupancy is issued.
4. The accessory residence (apartment) shall only be occupied by a full -time employee.
5. Once this permit has been issued, change or intensification of the use will require a new
conditional use permit.
6. All animals will be placed inside a completely enclosed area after 9:00 p.m.
This action was made by the following majority vote:
YES (To Approve): Copenhaver, Marker, Romine, Thomas, Morris, Ours
4125
NA)_ Light, DeHaven
ISTEA Enhancement Programs for Frederick County_ The first project will assist with the
acquisition of the Third Battle of Winchester site. This acquisition will secure one of the
key sites of the historic Opequon Battlefield and will initiate Phase II of the Civil War
Battlefield Tour Network Plan for Frederick County and the City of Winchester_ The
second project is designed to enhance marketing, promote tourism, and provide signage
systems for Civil War sites within Frederick County and the City of Winchester, as well
as throughout the Commonwealth.
Action - Recommended Approval
Mr. Wyatt presented two ISTEA Enhancement Program projects for consideration
by the Planning Commission. Mr. Wyatt said that the first project pertained to the acquisition of
the Third Battle of Winchester site, while the second project pertained to local participation in a
multi - jurisdictional enhancement application for Civil War sites. Mr. Wyatt said that the
application is designed to enhance Civil War sites throughout the Commonwealth by providing
interpretive signage and heightening marketing efforts to promote tourism. Mr. Wyatt described
each of the programs to the Commission.
Members of the Commission had concerns that money set aside for the Grim Farm
purchase was being used for these new projects and this might ultimately leave the County short
on funds for the Grim Farm purchase. Mr. Watkins explained that the strategy being pursued to
get the most money is to use the Civil War Trust as a funding source for the Grim Farm at this
point and ISTEA money for Third Winchester. Mr. Watkins said that the County will ultimately
have to rely on the private, non - profit sector to finish these purchases out.
There were no citizen comments.
Upon motion made by Mr. Light and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
endorse both ISTEA Enhancement Programs for the acquisition of the Third Winchester
Battlefield site and the Virginia's Civil War Trail project to the Board of Supervisors.
4126
E
The 19% Update of the Frederick County Comprehensive Policy Plan
Action - Recommended Approval
Mr. Tierney presented the Draft 1996 Comprehensive Policy Plan for Frederick
County. Mr. Tierney said that the update consists of replacing statistical information on topics
such as population and employment figures, building permits issued, and school enrollment with
the most recent data. He said that current information on the status of various facilities and
services has been added along with information on the battlefield preservation efforts and land use
policies for the Round Hill Community.
There were no citizen comments and the Planning Commission endorsed the plan.
Upon motion made by Mr. Romine and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the 1996 Update of the Frederick County Comprehensive Policy Plan.
PUBLIC MEETING
Master Development Plan #005 -95 of Dr. Raymond Fish for business use on 20.93 acres
zoned B2 and B3. This property is located on the east side if I -81 and the south side of
Hopewell Road and is identified with PINS 33 -A -164 and 33- A -164C in the Stonewall
District.
Action - Recommended Approval
Mr. Bruce Edens of Greenway, Inc. introduced himself and Dr. Raymond Fish,
the owner /applicant. Mr. Edens presented the master development plan to the Commission.
Mr. Wyatt addressed the review agency concerns. Mr. Wyatt said that the Health
Department would like the two existing drain fields to be evaluated to determine if they are
adequate sewage disposal systems and the County Engineer would like an analysis done to
delineate the floodplain area and to demonstrate how the 100 -year storm will be managed.
Mr. Wyatt said that three items from Planning and Zoning will need to be
addressed: 1) the Zoning Administrator will need to be granted the authority to approve this plan
which proposes to disturb small areas of floodplain as a result of the proposed road traversing
4127
E
Mr. Wyatt said that three items from Planning and Zoning will need to be
addressed: 1) the Zoning Administrator will need to be granted the authority to approve this plan
which proposes to disturb small areas of floodplain as a result of the proposed road traversing
Clearbrook Run. 2) the ordinance requires buffers between commercial properties and properties
zoned RA (Rural Areas), whose primary use is residential. Mr. Wyatt said that a 'B Category'
buffer is required along the property zoned B2 (Business General) and a `C Category' buffer is
required along property zoned B3 (Industrial Transition). Mr. Wyatt said that the staff was
suggesting that the Commission consider the allowance of a `B Category' buffer along this entire
property to ensure that a uniform buffer is provided when the property is developed. 3) the
easements need to be obtained and legally recorded for the extension of the proposed eight -inch
water line.
There were no public comments.
Members of the Commission were in agreement on allowing a `B Category' buffer
along the residential properties for uniformity purposes. They also pointed out that buffers should
be designed to permit railroad spur access while effectively screening the residential properties.
The Commission also agreed to grant the Zoning Administrator the authority to approve
disturbance of the floodplain areas to allow for the road crossing.
Upon motion made by Mr. Light and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Master Development Plan #005 -95 of Dr. Raymond Fish for business use
on 20.93 acres zoned B2 and B3. The Planning Commission also recommends approval of
allowing a `B Category' buffer along the residential properties for uniformity purposes and grants
the Zoning Administrator the authority, under Section 165- 31B(1) of the Code, to approve the
disturbance of the floodplain areas to allow for the road crossing.
INFORMAL DISCUSSION REGARDING BUILDING LOCATION SURVEYS
No Action
Mr. Wyatt said the Building Official and the County Engineer came before the
Development Review and Regulations Subcommittee (DRRS) to determine what ordinance
amendments could be enacted to require building location surveys. Mr. Wyatt said that the
concern was that mistakes continue to be made in the field because survey stakes have either been
4128
10
moved or were incorrectly placed and it results in problems for future lot owners.
Mr. Wyatt said the problem was discussed with representatives of the Top of
Virginia Builders Association during the October meeting of the DRRS. He said that all parties
involved directed the staff to create language that would set standards for building location
surveys. Mr. Wyatt presented the proposed language created and asked for the Planning
Commission's input.
The Planning Commission felt that the language proposed was appropriate and that
it should help to identify building footprint problems early on in the building stage. No action was
needed by the Planning Commission at this time.
DISCUSSION OF A SEWER AND WATER EXTENSION BY VDOT
No Action
Mr. Tierney presented a letter from Mr. William H. Bushman, resident engineer
with the Virginia Department of Transportation (VDOT), regarding VDOT's desire to extend
public sewer and water to their new Winchester Headquarters site on Route 50 West. Mr. Tierney
said that this issue was discussed by the Comprehensive Plans and Programs Committee (CPPC)
at their December meeting and a couple issues were raised in relation to the request. He said that
the first issue was whether VDOT's property was eligible for sewer and water, given its location
which is adiacent to the Sewer and Water Service Area (SWSA) boundary, and second, whether
additional parcels or uses should be permitted to hook into the sewer line that is proposed to be
extended under Route 50 to serve the planned Hardees restaurant.
The Planning Commission felt that any requests for sewer within the Round Hill
Community needed to be considered in light of the long range goals expressed in the Round Hill
Land Use Plan. It was noted that the plan was fairly specific in terms of eventually extending the
sewer line at Merriman's Lane to serve the community. With this in mind, the Planning
Commission was in favor of VDOT being permitted to extend the sewer line as long as it came
from Merriman's Lane and = from the Hardees restaurant site. The Planning Commission felt
that any proposed land uses that were permitted to tie into the proposed Hardee's line would take
potential resources away from extending the Merriman's Lane line to the Round Hill residents.
In light of the SWSA boundary, the Commission felt the line should be adjusted to include
VDOT's property, rather than assuming that the property was `close enough.' The Commission
4129
11
also felt that the cost would be significant and the Sanitation Authority or the County should not
contribute funds to that effort.
RICHARD C. OURS APPOINTED LIAISON TO WINCHESTER CITY PLANNING
COMMISSION
Chairman DeHaven appointed Mr. Richard C. Ours as the new Planning
Commission liaison to the Winchester City Planning Commission.
ADJOURNMENT
There being no further business to discuss, Chairman DeHaven adjourned the
meeting at 9:35 p.m.
Respectfully submitted,
- J'
Robert W. Watkins, Secretary
o "t� 'g . Z'
Charles S. DeHaven, Jr., Chairman
4130