PC_06-05-96_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on June
5, 1996.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District, John R. Marker, Vice-
Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light,
Stonewall District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Robert
A. Morris, Shawnee District; Richard C. Ours, Opequon District; Jimmie K. Ellington, Gainesboro
District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal
Counsel.
ABSENT: Terry Stone, Gainesboro District; Vincent DiBenedetto, Winchester City Liaison
STAFF PRESENT: Kris C. Tierney, Interim Planning Director; Evan A. Wyatt, Planner II; W.
Wayne Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - APRIL 17, 1996 AND MAY 1, 1996
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of April
17, 1996 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of May
1, 1996 were unanimously approved as presented.
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BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 5/23/96 Mtg.
Mr. Thomas reported that DRRS discussed standards for commercial
telecommunication towers and a proposed amendment to the Planning Commission's Bylaws
addressing tabling procedures.
Transportation Committee - 6/04/96 Mtg.
Mr. Wyatt reported that the Transportation Committee considered a request from
Middletown area citizens to reduce the speed limit along Route 11, from the southern limits of
Middletown to Bell Grove Road (Rt. 727).
Mr. Wyatt said that the staff also informed the committee of a recently learned issue
regarding Route 277. Mr. Wyatt said that staff was under the assumption that money was made
available to do the preliminary engineering for the corridor; however, when the tentative budget was
presented to the county, that project was not included. Mr. Wyatt said that staff will be scheduling
a meeting with the district administrator later this year.
Sanitation Authority - 5/16/96 Mtg.
Mrs. Copenhaver reported that the Parkins Mill addition should be in operation in
June, the Rt. 522 South project was completed in May, the Carpers Valley/Victory Lane water line
project was completed in April and is now in service; and the Authority plans to move into their new
headquarters by July 15.
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Winchester City Planning Commission - 5/28/96 Mtg.
Mr. Ours reported that the important issues of the Winchester City Planning
Commission are the Millwood Crossroads rezoning, which was denied, and their continuing work on
the Meadowbranch subdivision. Mr. Ours also reported that the City Commission is having
discussions about potential plans to make a connection into the County to Route 37.
PUBLIC HEARINGS
Conditional Use Permit #004 -96 of Gary Van Meter for retailing or wholesaling of nursery
stock and related products. This property is located at 1544 Airport Road and identified with
PIN 76- A -138B in the Shawnee Magisterial District.
Action - Recommended Approval
Mr. Miller said that the proposed greenhouse is partially constructed and the applicant
intends to construct a building for use as a retail facility. He said that the entrance into the property
has poor site visibility to the east and the applicant has addressed this issue with VDOT. Mr. Miller
stated that since this will be a public use facility, a site plan will be required.
Mr. Gary Van Meter was available to represent his application.
There were no citizen comments and there were no outstanding concerns expressed
by the Commission.
Upon motion made by Mr. Morris and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #004 -96 of Gary Van Meter for retailing or
wholesaling of nursery stock and related products with the following conditions:
1. All review agency comments must be addressed and complied with at all times.
2. A site plan must be submitted and approved prior to construction of any facilities required for
the use.
3. A commercial entrance meeting VDOT's requirement must be constructed.
4. Any signs desired for the use must be as permitted by ordinance.
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Conditional Use Permit #005 -96 of Lee R Smeltzer to operate an appliance sales and repair
business. This property is located at 4163 Northwestern Pike and is identified with PIN 40 -A-
128 in the Back Creek Magisterial District.
Action - Recommended Approval
Mr. Miller said that the request is being made under the ordinance section that allows
re- establishing a nonconforming use with an approved conditional use permit. Mr. Miller explained
that this location was previously a country store and gas station that was discontinued prior to 1955.
He said that the applicant intends to sell used appliances and do appliance repair and has enclosed the
overhanging porch which will be utilized for this activity. Mr. Miller reported that there was
adequate open space between the structure and Northwestern Pike to permit parking.
Mr. Lee R. Smeltzer was available to answer questions.
The question arose as to whether the underground fuel tanks had been removed and
Mr. Smeltzer replied that they had.
Members of the Commission commented that recommended Condition #4 repeated
information already stated within the zoning ordinance. The Commission and staff reworded the
condition.
Another question was raised by the Commission as to why the issue of nonconforming
use status was considered and the staff explained that this was the only provision in the ordinance
under which the Smeltzers would be allowed to apply for a conditional use permit. The staff noted
that if the Smeltzers changed the use of the property, they would need to reapply for a new
conditional use permit.
Mr. Smeltzer said that he had a problem with VDOT requiring him to install a
commercial entrance because the operation he was proposing was so small. The staff said that they
would work with Mr. Smeltzer on this issue.
There were no citizen comments and the Commission had no other outstanding
concerns.
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #005 -96 of Lee R. Smeltzer to operate an appliance
sales and repair business with the following conditions:
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Applicant must comply with all review agency comments at all times.
2. No outside display of appliances (new, used, or inoperative) shall be permitted.
All repair work must be done inside the structure.
4. Only business signs advertising this service and authorized by the ordinance shall be allowed
on the property.
Conditional Use Permit #006 -96 of Kevin W. And Lynnette L. Fox to operate a recording
studio. This property is located at 687 Front Royal Pike and is identified with PIN 64C -A -3
in the Shawnee Magisterial District.
Action - Recommended Approval
Mr. Miller stated that since the activity is to be conducted in a detached garage that
is being modified for the use, consideration should be given to soundproofing the interior to preclude
outside noise pollution. Mr. Miller said that during a visit to the site on May 17, he spoke with the
nearest neighbor and the neighbor stated that there had not been any problems in the past and they
had no objections to the proposed use.
Mr. Kevin W. Fox, the applicant, was available to answer questions. Mr. Fox said that
he would primarily be recording projects of audio for video narration, radio commercials, etc. He
said that there would be a very limited scope of music recording because he does not have the space
for it. Mr. Fox added that he will be installing a sound suppressing product within the building.
The Commission's only concern about this activity was the possible noise pollution
and its impact on adjoining properties. Since the applicant's proposed operations were audio for
video projects and he did not intend on recording live bands, the Commission felt the impacts on the
neighborhood would be minimal.
There were no citizen comments.
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 Conditional Use Permit #006 -96 of Kevin W. And Lynnette L. Fox to
operate a recording studio with the following conditions:
All review agency comments must be complied with at all times.
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2. No external noise pollution to the point of being annoying to the neighbors will be allowed.
Conditional Use Permit #007 -96 of Robert C. Fowler to operate a commercial outdoor
recreation facility/shooting range. The property is located at 840 North Timber Ridge Road
in Cross Junction and is identified with P.I.N. 3 -A -18 in the Gainesboro Magisterial District.
Action - Tabled
Mr. Miller said that the ordinance requires that the application for this use include
plans for appropriate site layout and design to protect the safety of the public. Mr. Miller said that
the plans submitted with this application were not adequate to determine if proper safety could be
maintained.
Mr. Miller explained that the property is accessed by a private dirt driveway that is in
poor condition with considerable potholes and although the entrance into the driveway when headed
north is reasonably safe with good sight visibility, the entrance when headed south is shielded because
of the curvature of the road. He said that the entrance back onto 696 from the driveway is very
hazardous because of the site visibility. Mr. Miller said that Mr. Steve Melnikoff of VDOT advised
him that he had met with Mr. Fowler at the site and Mr. Fowler had removed some of the brush along
the road that was restricting the entrance. He said that Mr. Melnikoff felt that VDOT could now
approve an entrance into the property, however, there would need to be some additional work done
to the entrance that could probably be worked out.
Mr. Miller also reported that comments from the Health Department indicate that a
health system to serve the public is not available and portable toilets were not acceptable. Mr. Miller
said that staff felt the site had the potential to be developed for the proposed use, however, it was not
ready at this time for approval because of the several major outstanding issues that needed to be taken
care of
The applicant, Mr. Robert C. Fowler, stated that he wanted to hold competitive
shooting matches using shotguns and four -inch target cards. Commissioners noted that this would
be a regulatory situation requiring permitting under code regulations.
There were no citizen comments.
Commissioners were concerned about public safety issues. They felt that the
operation should be limited to shotguns only. They also agreed that the applicant needed some time
to try and meet VDOT's requirements, to work out the water and sanitation situation with the Health
Department, and to submit a plan which meets code requirements.
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Upon motion made by Mr. Ellington and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to table the consideration of Conditional Use Permit #007 -96 of Robert C. Fowler to operate
a commercial outdoor recreational facility /shooting range until such time that the staff feels the
applicant can meet the requirements of VDOT and the Health Department, and is able to submit a
plan that meets code requirements regarding shooting matches.
An amendment to Chapter 165, Zoning, of the Code of Frederick County, Article IV,
Supplementary Use Regulations, Section 165 -48.4, and Article X, Business and Industrial
Zoning Districts, Section 165 -82B, B2, Business General District.
Action - Recommended Approval
Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS)
received a request from Mr. Matthew Croke to allow commercial outdoor batting cages in the B2
(Business General) Zoning District. He said that Mr. Croke believed that the use would be compatible
with other commercial uses and would draw more users in a commercial setting than in a Rural Area
District in conjunction with a Conditional Use Permit. Mr. Wyatt stated that the DRRS discussed
several issues involved with the proposal, which included the ability to operate the use indoors as
opposed to an outdoor facility, the scale and intensity of the use, and the impacts that the use would
have on adjoining commercial uses. Mr. Wyatt said that the DRRS felt that the use would be
appropriate provided that the scale and intensity of the operation would be limited and with
reasonable performance standards.
Mr. Matthew Croke was available to answer questions from the Commission.
Members of the Commission asked if there were other applications presented for this
type of use. Staff replied that Mr. Ralph Gregory had proposed a similar operation with a driving
range on RA (Rural Areas) property with a conditional use permit. Staff noted that Mr. Gregory
installed the driving range, but has not yet built the batting cages.
There were no citizen comments.
The Planning Commission felt that the use proposed was compatible in the B2 District
with the performance standards presented by the staff.
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
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recommend approval of the amendment to Chapter 165, Zoning, of the Frederick County Code,
Article IV, Supplementary Use Regulations, Section 16548.4, and Article X, Business and Industrial
Zoning Districts, Section 165 -82B, B2 (Business General) District, as follows:
Section 165 -82B
Allowed Uses SIC Code
Commercial batting cages operated outdoors
Section 165 -48.4. Commercial batting cages operated outdoors.
Commercial batting cages located in the B -2, Business General District shall meet the following
requirements:
A. Outdoor batting cage operations may be developed as stand alone facilities or may be
located in conjunction with other permitted uses in the B -2, Business General District.
B. Outdoor batting cage operations shall be constructed to meet the standards for
rectangular cage systems and radial cage systems. Monopole cage systems shall not
be permitted.
C. Outdoor batting cage systems shall be developed within an area not to exceed 15,000
square feet. The perimeter of the outdoor batting cage facility shall be enclosed with
an eight foot high chain link fence.
D. Stock pipe utilized to support the outdoor batting cage net system shall not exceed
twenty -five feet in height.
E. Lighting- fixtures for outdoor batting cage operations shall be engineered to reflect
downward and shall not reflect light onto adjoining uses, properties, and road right -
of -ways.
An amendment to Chapter 165, Zoning, of the Frederick County Code, Article V, RA (Rural
Areas) District, Section 165 -51, Conditional Uses
Action - Recommended Denial
Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS)
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received a request from Randall R. Hamilton, P.C., to amend the Zoning Ordinance to allow sewage
removal and drain cleaning service operations in the RA (Rural Areas) Zoning District with a
conditional use permit. He explained that Mr. Hamilton's request limits this type of operation to
those that existed prior to June 1, 1978.
Mr. Wyatt stated that the DRRS did not feel that this type of operation was
appropriate in the RA District based on the intensity of the use in general, that the condition proposed
was inappropriate because it did not allow the use across the board in the designated district, and it
was felt that the use was better suited to industrial areas.
Referring to the letter submitted by Mr. Hamilton, Commission members asked if 558
Marple Road was the same location from which the Commissioners heard complaints from the
neighbors about dumping of sewage and if the two businesses operating out of the residence for the
passed 17 years had been operating illegally. Staff replied that it was the same location and the
businesses were and are operating as illegal non - conforming uses from that location.
Mr. Michael Wilson, the attorney representing Mr. Donald R. Merritt, said that both
he and Mr. Hamilton drafted the proposed ordinance amendment. Mr. Wilson said that the two
businesses that are operating at Mr. Merritt's residence are the pump and haul (operating for 21
years) and the Roto - Rooter franchise (operating for 18 years) and consists of seven trucks, a
telephone, and parking for vehicles. Mr. Wilson stated that Mr. Merritt has paid all County taxes and
held County business licenses for all of that time. Mr. Wilson said the reason for asking for this text
amendment is because there is no conditional use permit for the operation of this business in an RA
(Rural Areas) Zoning District.
Chairman DeFlaven called for anyone wishing to speak regarding the amendment and
the following persons came forward:
Mr. Michael Wilson, the attorney representing Mr. Donald Merritt, said that he
wanted to speak as a private resident of Frederick County. Mr. Wilson spoke in favor of Mr.
Merritt's operation.
Mr. Alfred Feltner, adjoining property owner, came forward to speak in opposition.
Mr. Feltner stated that Mr. Merritt has dumped sewage and commercial waste within 150' -200' of his
home. He said that he contacted the State Water Control Board about the situation and they should
have a record of his complaint. He said that Mr. Merritt pumps sewage from smaller trucks into
larger trucks on the site and spills occur. Mr. Feltner also complained about foul odors and said that
something should have been done about this operation a long time ago.
Mrs. Hazel Shanholtz, adjoining property owner, said that pumping was taking place
just last week and there was a terrible odor. She said that pump hoses were laying out on the ground.
Mrs. Shanholtz stated that in the summer, there are many flies and insects and the operation continues
to be a total disturbance for anyone living near it. She said that there is only 50' from her house to
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Mr. Merritt's. Mrs. Shanholtz said that Mr. Merrit does not have enough real estate for this type of
business. She said that he has about 200' frontage and 200' -250' in the rear and she felt it wasn't
enough room to handle all that and keep it from being a nuisance to the neighbors. Mrs. Shanholtz
felt that the operation should be stopped.
Mr. Rick Staubs stated that out of two local phone books he counted 34 businesses
of this type. Mr. Staubs felt that allowing a sewage removal and drain cleaning service to operate on
RA property was undercutting businesses that had to buy higher priced, commercial property and
inhibited fair market competition.
Mr. Bruce Clark, adjoining property owner, stated that Mr. Merritt's operation was
an eyesore, it was noisy, and he did not want this type of business in his residential neighborhood.
In response to Attorney Wilson's statement that he knew of no complaints, members
of the Commission stated that they had indeed received numerous complaints from neighbors
concerning sewage being poured on the ground, noise of operations, and had even been presented
with photographs of sewage spilled on the snow.
Members of the Planning Commission felt that it was inappropriate to word an
amendment revising the zoning ordinance that would only benefit one individual. They also
commented that the proposed amendment did not indicate any boundaries as to how extensive the
operation could become. They felt that although a sewage removal and drain cleaning service
operation served people in a residential area, it was too intensive of an operation to be located within
a small-lot residential area and had the possibility of creating a great impact on adjoining residential
properties. Some members felt that it may be possible to operate this type of business in RA, if
enough property was available. The Commission voted unanimously to recommend denial of the
amendment proposal. (Mr. Stone was absent.)
Upon motion made by Mr. Ellington and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend denial of the amendment to Chapter 165, Zoning, of the Frederick County Code, Article
V, RA (Rural Areas) District, Section 165 -51, Conditional Uses, to permit sewage removal and drain
cleaning service operations that have been in business prior to June 1, 1978 to be located in the RA
(Rural Areas) District through the issuance of a conditional use permit.
Master Development Plan Application #005 -96 of Mosby Station and Mosby Station H. This
proposal calls for the development of 85 single- family detached urban units on 36.12 acres
within Mosby Station I and for the development of 17 single - family detached traditional units
on 17.3 acres within Mosby Station II. The properties are located on the south side of
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Macedonia Church Road (Rt. 642) east of the intersection with Aylor Road (Rt. 647) and west
of the intersection with White Oak Road (Rt. 636). The properties are identified with P.I.N.s
75 -A -104 and 75-A -105 in the Opequon Magisterial District.
Action - Approved
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. was present to
represent the owners, Frederick Development Co., Inc. and James L. Bowman. Mr. Maddox
presented the master plan to the Commission.
There were no citizen comments.
Members of the Commission felt that some method needed to be utilized to insure that
the portion of Warrior Drive between Sections I and II was constructed as a part of this development.
Regarding the proposed future commercial uses in Phases III and IV, the Commission cautioned the
applicant about his timetable for commercial rezoning of the property, considering its adjacent
location to residential development. There was some concern expressed about the appropriateness
of the location of open area along Tasker Drive, however, it was pointed out that since this
development required only passive open space, the developer was not required to provide any
recreational amenities that would promote activity in this area. Members of the Commission had no
problem with the cul- de-sac extension to 1,100 feet, but they did make it clear that no more than 25
lots were to be constructed along the street.
Upon motion made by Mr. Marker and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the proposed master plan with the following stipulations: 1) the applicant will
work with the staff to designate the construction of Warrior Drive as part of a future active phase of
development; 2) the extension of the cul -de -sac to 1,100 feet will be allowed, however, no more than
25 lots are permitted along the street; and 3) the applicant will need to adequately address all review
agency comments and all issues identified by the staff, the Planning Commission, and the Board of
Supervisors.
Subdivision Application #005 -96 of Wright's Run Limited Partnership to subdivide 196.5625
acres of MI (Light Industrial) property in the Shawnee Magisterial District into two lots
consisting of 10.00 acres and 186.5625 acres.
Action - Recommended Approval
Mr. Miller said that the owners of Eastgate Commerce Center (Wrights Run Limited
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Partnership) are financing the extension of water and sewer utilities to the Center to be logically
installed simultaneously with the construction of Route 642. He said that security for the loan
involves the transfer of a 10 -acre parcel of MI zoned land as shown on the presented plats. He stated
that this proposal would not meet ordinance requirements because there is no master plan and the
property has no road frontage at this time. Mr. Miller said that the understanding of approval is that
the use of the property is restricted until a master plan is presented and road frontage is provided.
Mr. Miller said that the staff feels this is reasonable to assist the owners in getting the utilities
extended to the property. He said that the staff will ensure that this notation appears on the plat prior
to final administrative approval of this division. Mr. Miller noted that the owner has also agreed to
provide an affidavit to be placed on file.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc. was present to
represent the owners, Allan Hudson, Jr., Frank Maranto, Sidney Lesowitz, Richard Peterson, and
City Miller.
There were no citizen comments. The Commission felt that the notation on the plat
and affidavit by the owners would preclude any use of the property until ordinance requirements were
met and they felt it was reasonable to assist the owners by approving this request.
Upon motion by Mr. Romine and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Subdivision Application #005 -96 of Wright's Run Limited Partnership to
subdivide 196.5625 acres of MI (Light Industrial) property in the Shawnee Magisterial District into
two lots consisting of 10.00 acres and 186.5625 acres.
Waiver Request for the Walnut Grove Subdivision according to Section 165 -54 D.(2) of the
Zoning Ordinance which states that the Planning Commission may permit the 40% reserved
parcel in a rural preservation subdivision to be made up of two parcels. Under this provision,
the applicant is requesting a waiver to permit the configuration of his proposed seven -lot
subdivision. This property is zoned RA (Rural Areas) and is located on White Hall Road (Rt.
671) in the Gainesboro Magisterial District.
Action - Approved
Mr. Miller stated that he received a request through Greenway, Inc. on behalf of a
client developing the Walnut Grove Subdivision, which is a Rural Preservation Subdivision. Mr.
Miller stated that Section 165 -54 D.(2) of the Zoning Ordinance permits the 40% required reserved
parcel to be made up of two parcels and under this provision, the applicant is requesting a waiver that
would permit the 40 1 /6 parcel to be reserved in two parcels rather than one. Mr. Miller explained that
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the parcel does not have enough frontage on White Hall Road to permit the division of two lots along
the road. He said that putting the portion along White Hall Road in the 40% reserved parcel keeps
houses from being placed along the road and makes the setting more preserved as rural area. He
added that the proposed road must be located at the depicted location because of VDOT
requirements.
Mr. Miller said that the staff believed this would result in a better looking subdivision
with a more reasonable layout of the lots.
Members of the Commission were concerned about the configuration of lots as
presented because each lot did not have a perc site and thus, did not represent a building site. The
members of the Commission were concerned about maintenance of the lot and the precedent setting
situation that could be created by approving the request as presented.
Bruce Edens of Greenway, Inc. said that the owner, Mrs. Jones, said that she would
be willing to sell the parcel which is divided by the road to one or the other of the adjacent property
owners.
Mr. Muller said that the plats could be redone to eliminate the line between Lot 1 and
the suggested 40% parcel which abuts the road and Lot 7 and the other suggested 40% parcel which
abuts the road, make it a restriction line, and designate the area as not buildable and part of the 40%
parcel. Mr. Miller said that Lot 1 or Lot 7 could be used as the residual parcel.
The Commission believed this would solve the maintenance problem they were
concerned about.
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the waiver request for Walnut Grove Subdivision under Section 165 -54 D.(2) of the Zoning
Ordinance permitting the 40% reserved parcel in this rural preservation subdivision to be made up
of two lots with the following configuration: a restriction line shall be placed between Lot 1 and the
lot abutting the road and between Lot 7 and the lot abutting the road. The lots abutting White Hall
Road shall be designated as unbuildable and a part of the 40% reserved parcel.
Waiver Request of Hill Valley Master Development Plan #001 -96 under Section 165 -63.B of
the Frederick County Zoning Ordinance to allow more than 50% steep slopes within a
proposed residential development's open space. This property is zoned RP (Residential
Performance) and is located on Greenwood Road in the Stonewall Magisterial District.
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Action - Approved
Mr. Lawrence said that a request was received from Stephen M. Gyurisin with G. W.
Clifford & Associates, to permit more than the maximum percentage of environmental features in the
required open space. Mr. Lawrence said that the zoning ordinance states that no more than 50
percent of the required open space should consist of environmental areas. He stated that the Hill
Valley preliminary master development plan contains open space that consists of 82 percent
environmental areas, exceeding the 50 percent limit. Mr. Lawrence added that the Board of
Supervisors reviewed the plan on May 13, 1996, and approved it contingent upon numerous items- -
the open space issue was one of the concerns.
Mr. Stephen M. Gyurisin with G. W. Clifford & Associates was representing the
applicant for the Hill Valley Master Development Plan. Mr. Gyurisin stated that they were proposing
2.1 acres of open space over the minimum required, which would be 82 percent steep slopes.
Commission members did not want to penalize the applicant by not approving the
higher amount of steep slope area, if he was providing more open space.
Upon motion made by Mr. Light and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the waiver request for Hill Valley Master Development Plan under Section 165 -63.11 of the
Frederick County Zoning Ordinance to permit more than 50 percent steep slopes within a proposed
residential development's open space.
APPOINTMENT OF JIMMIE ELLINGTON TO THE COMPREHENSIVE PLANS &
PROGRAMS SUBCOMMITTEE
Chairman DeHaven appointed Mr. Jimmie Ellington to the Comprehensive Plans &
Programs Subcommittee.
BATTLEFIELD TASK FORCE ISSUES
As the Planning Commission's liaison to the Battlefield Task Force (BTF), Mr. Light
brought the Commission's attention to an urgent matter concerning the purchase of the Grimm Farm.
Mr. Light said that the BTF was initially created to develop a Battlefield Tour Network Plan and to
designate historic sites for preservation. He said that this work is now finished, however, a structured
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body has not been set up to take on the second step, which is to make plans for designated properties.
He said that the problem is that time is running out on the purchase contract for the Grimm Farm and
this other body has not yet been established to deal with this and meet the time limit. Mr. Light said
that a person is needed to lead the group towards acquiring the money to finish paying off the farm,
which is more than half paid for at this time.
Members of the Commission were agreeable to expressing some sort of support
towards this cause.
Mr. Light moved for the drafting of a resolution to the Board from the Planning
Commission stating their support the continuation of obtaining and raising the funds for the Grimm
Farm. This motion was seconded by Mr. Marker.
Some members of the Commission were not in favor of the motion because they felt
this was a matter for business of the BTF, not the Planning Commission, especially since the BTF was
a Board of Supervisors' committee. It was also felt that it would be difficult to get a resolution
drafted and signed before the next Board meeting.
Mr. Light then amended his motion to state that he, as the Commission's liaison to
the BTF, and the Chairman of the BTF, will attend the Board meeting to express the feelings on the
continuation of support for raising funds for the Grimm Farm with the Commission's endorsement.
The amended motion was seconded by Mr. Marker and passed by the following vote:
YES (TO APPROVE THE MOTION) Ours, Morris, Thomas, Romine, Wilson, Marker,
Copenhaver, Light
NO: Ellington, DeHaven
CANCELLATION OF THE JUNE 19, 1996 MEETING
The staff reported that there were no items pending for the June 19, 1996 meeting of
the Planning Commission. The Commission voted unanimously to cancel that meeting.
OTHER
Chairman DeHaven said that on several occasions during the meeting, it was stated
that, "...it was the intent of the group, but it was not written in the Code." Chairman DeHaven said
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that when these situations are encountered, he feels it is important to look at the Code again to make
sure it is stating what was intended.
Members of the Commission noted that a number of changes were made to the
Committee's version.
The consensus of the Commission was that this section of the Code should go back
to the Development Review and Regulations Subcommittee for review.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 10:30 p.m. by
unanimous vote.
Respectfully submitted,
Kris C. Tierney, InTerim Plah�ng Director
�� cQ� IS• 4
Charles S. DeHaven, Jr., Chairman
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