PC_07-17-96_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Courthouse in Winchester,
Virginia on July 17, 1996.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John H. Light,
Stonewall District; Richard C. Ours, Opequon District; Terry Stone, Gainesboro District;
Robert A. Morris, Shawnee District; Jimmie IC Ellington, Gainesboro District; Robert
M. Sager, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT: John R. Marker, Vice Chairman/Back Creek District; Marjorie H.
Copenhaver, Back Creek District; George L. Romine, Citizen at Large; Roger L. Thomas,
Opequon District; S. Blaine Wilson, Shawnee District; and Vincent DiBenedetto,
Winchester City Liaison.
STAFF PRESENT: Iris C. Tierney, Interim Planning Director; Evan A. Wyatt,
Planner II; Eric R. Lawrence, Planner I; and Renee' S. Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES
Upon motion made by Mr. Ellington and seconded by Mr. Light, the
minutes of May 15, 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
Comprehensive Plans &- Programs Committee (CPPC)
Mr. Tierney reported that the CPPC held a public meeting last night, July
16, on the Route I 1 North Corridor Study at the Stonewall District Ruritan Club to
present the transportation and land use proposal to the public. Mr. Tierney said that
there was good attendance at the meeting.
Kernstown Battlefield Association (KBA) - 07/01/96 Mtg.
Mr. Light said that the Kernstown Battlefield Association is meeting on a
weekly basis and has adopted a constitution, has established bylaws, and elected officers.
Mr. Light said that the KBA will have an open public meeting on August 11 at the
Opequon Presbyterian Church.
CITIZEN COMMENTS
Mr. Stiles, a Stonewall District citizen, came forward to speak with the
Commission on several issues. First, Mr. Stiles asked about activity that was taking place
on the MI Westvaco property, which is next to the Carter Lumber Company. Mr. Stiles
next asked about the location of the crossing of Route 37 over Route 11 North. Mr.
Stiles said that the location of this crossing seems to create a great deal of disruption to
homes and businesses in that area and he suggested that the County consider another
location, north of McCann's Lane. He said that this is vacant land, zoned M1, and no
houses would be affected. Mr. Stiles felt this route would reduce opposition and cost.
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Also regarding Route 37, Mr. Stiles stated that it was crucial for there to
be an intersection with Warrior Drive on Route 37. He stated that this intersection is
absolutely critical to any solution to transportation problems in that entire section of the
County. Mr. Stiles said that all of the transportation planning that has been done has
been predicated on the fact that 1) there is nothing that can be done to improve the Rt.
277/I -81 intersection; and 2) there is a need to move traffic north and south without
funneling traffic to either 522, 81, or 11. Mr. Stiles felt that Warrior Drive was the
answer to the problem. He stated that if there is no connection to Rt. 37, then all that
would be accomplished was to move the problem, not solve it.
Regarding the public meeting on the Route 1 1 North area, Mr. Stiles felt
that one of the citizens made a good point about locating a small sewage treatment plant
in the northeastern section of the County, near the quarry. He said that sewer could
flow by gravity, rather than having to be pumped. Mr. Stiles said that in that quadrant,
the County could establish industrial development that would have virtually no
opposition. Mr. Stiles asked that the Commission give this some consideration.
In addition, Mr. Stiles said that he strongly supported the proposal to get
sewer under 81 and to the Route I I North corridor, running along the railroad track
that eventually comes up to Buckley- Legges and Zuckermans. He said that this could
be a prime industrial site in Frederick County because of its good location and good
accessibility.
Another topic raised by Mr. Stiles was that he did not think it was good to
isolate businesses and residential areas into pockets, because it creates traffic problems.
Mr. Stiles felt that provisions needed to be made to locate businesses where people live.
Finally, Mr. Stiles felt that if the County was ever going to be able to solve
the sewer problems in the Stephenson community, it would be necessary to allow
development of the McCann property. He said that if someone would be willing to run
the line across the property, local citizens would then be able to afford the hookup fees.
He felt that if the residents understood this situation, more of them would be in favor
of it. He suggested the possibility of a door -to -door survey.
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Discussion on Two Sewer Extension Requests: Faith Baptist Church, P.I.N. 86 -A-
72 and First United Methodist Church, P.I.N. 42 -(A) -198
Action - Recommended Approval
Mr. Tierney stated that the Planning Department received two requests for
sewer and water extensions which are located just beyond the bounds of the Sewer and
Water Service Area (SWSA). He explained that the extensions are to vacant land and
the intended use is to construct churches. Mr. Tierney said that one request is from
Faith Baptist Church and pertains to a 14 -acre site located on the east side of Double
Church Road, just south of the Route 277 intersection. He said that the property is
zoned RA (Rural Areas) and churches are a permitted use. Mr. Tierney stated that the
second request is from the First United Methodist Church and involves a 15 -acre parcel
owned by Mary Ellen Pope on Apple Pie Ridge. He said that this parcel is also zoned
RA and is surrounded on three sides by five -acre lot developments.
Mr. Tierney said that the Comprehensive Plans and Programs Committee
(CPPC) considered both of these requests on July 1 and recommended approval with the
stipulation that the extensions be sized solely for the uses described.
Mr. Charlie Watson and Mr. Fred Hudson of Faith Baptist Church were
available to answer questions from the Commission. Mr. Watson said that Mr. James
Bowman, the owner of the property, told him that he would be constructing the sewer
and water line extension further south along the west side of Route 641, for
continuation of development. He said that Mr. Bowman told him that he would put a
tap on the line that the church could tie into, if approved by the County.
Two issues were raised by the Planning Commission. One was the
precedent - setting situation that seemed to be establishing for businesses requesting sewer
and water extensions beyond the SWSA line, located along the east side of Route 641.
The second issue was the status of adjoining residential properties with failing septic
systems.
There was some concern about the exact location of the existing sewer line.
The Commissioners preferred to have the line come directly across the street, from the
west side of Route 641, to serve only this particular property and sized for this particular
use's needs only.
Mr. John C. Lewis, Chairman of the Building Committee for the First
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United Methodist Church, presented the second request. He said that the property is
located across from Apple Pie Ridge School. Mr. Lewis said that the sewer line
terminates in front of the school, serving the Latter Day Saints church, as well as the
school. Mr. Lewis said that it was their hope that they could tap into the sewer on the
other side of Apple Pie Ridge Road and extend the line across the road.
Commissioners recognized that this property, owned by Mary Ellen Pope,
was the subject of a recent rezoning application that was turned down. They felt the
church was a better suited use for this parcel.
Upon motion made by Mr. Light and seconded by Mr. Morris,
BE IT RESOLVED, that the Frederick County Planning Commission, upon
recommendation by the CPPC, does hereby recommend approval of the sewer and water
extension requests by Faith Baptist Church (P.I.N. 86 -A -72) and First United Methodist
Church (P.I.N. 42 -(A) -198) with restrictive use -sized sewer lines for a single use on each
parcel.
DISCUSSION OF THE DRAFT KERNSTOWN BATTLEFIELD PLAN
Mr. Eric Lawrence presented a draft copy of the Kernstown Battlefield
Resource Management Plan that was completed by West Main Design Collaborative
(WMDC), the firm selected to do the work on the plan for the Grim Farm property.
Mr. Lawrence said that the overwhelming theme of the plan is to protect, preserve, and
promote the historical and natural characteristics of the site for others to enjoy and learn
from. Mr. Lawrence proceeded to review the various elements of the plan with the
Commission. He requested that the Commissioners, after reviewing the plan, forward
any comments or suggestions to him.
The majority of the Commissioners felt that the plan as submitted was
worthy of their support and felt it carried broad positive implications, especially as a
potential economic resource. Another viewpoint was that battlefields may not be as
lucrative a tourist attraction as most people might assume, especially after acquisition,
staffing, and maintenance, and may end up costing the tax payers money.
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Discussion Regarding a Proposed Amendment to the Frederick County Planning
Commission Bylaws to Establish New Standards for Tabling Procedures
Mr. Wyatt said that during the Planning Commission's retreat last
February, it was suggested that new procedures be created for the tabling of various
development applications. Mr. Wyatt said that the Development Review and
Regulations Subcommittee (DRRS) has had numerous discussions on this subject and
has suggested some new procedures for the Commission to consider. Mr. Wyatt said
that the new procedures give the Commission a greater amount of latitude to table an
agenda item, it limits the applicant's ability to continually request that an item be
tabled, and it requires that all the necessary leg work be completed before it comes back
to the Commission for review.
Mr. Wyatt said that the revision still limits the applicant to a one time
tabling, but then requires the Commission to decide with the applicant if: 1) the
applicant wishes the Commission to act on the request within an allotted 90 -day period;
or 2) if there is a desire to waive that option, the applicant may do so. This will give the
applicant time to do work, for example, with VDOT.
Mr. Wyatt said that the staff was interested in the Commission's input on
this discusion item. He added that amendments to Planning Commission Bylaws do not
require Board of Supervisors' action.
Commissioners had positive comments about the revisions; however,
Chairman DeHaven felt that since only half of the Commission members were present
to provide input on this matter, it should be forwarded to the next meeting so that the
full Commission could share their views.
OTi VR
Mr. Light suggested that Comprehensive Plans & Programs Committee
(CPPC) review the possibility of allowing package treatment facilities to be privately
owned. The staff pointed out that County policy permits package treatment plants to
be privately owned, as long as they do not serve more than one use. Mr. Tierney said
that this policy is in cooperation with the Sanitation Authority. Mr. Tierney explained
that part of the concern is that when there is more than one use, a problem arises as to
who will be responsible for maintenance. He said that there are two separate categories-
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residential, which is regulated by the Health Department; and over 1,000 gallons or
commercial, which is regulated by the Department of Environmental Quality. Mr. Light
felt that the County should be involved to a greater degree.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 8:40
p.m. by unanimous vote.
Respectfully submitted,
�.
Charles S. DeHaven, Jr., Chairma
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