PC_08-21-96_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Courthouse in Winchester,
Virginia on August 21, 1996.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker,
Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Roger
L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Richard C. Ours,
Opequon District; Terry Stone, Gainesboro District; Robert A. Moms, Shawnee District;
John H. Light, Stonewall District; Jimmie IC Ellington, Gainesboro District; George L.
Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto,
Winchester City Liaison; and Jay Cook, Legal Counsel.
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 - JUNE 5, 1996 & JULY 3, 1996
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the
minutes of June 5, 1996 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the
minutes of July 3, 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
Stephens City Wellhead Protection Ordinance - 8/19/96 Mtg.
Mr. Tierney reported about a landowners meeting held at the Lord Fairfax
Community College on Monday, August 19, 1996 concerning the Stephens City
Wellhead Protection Ordinance issue. Mr. Tierney said that there was considerable
public concern and opposition to the ordinance and questions were raised about its
purpose. He said that it was also made clear that the County is in opposition to the
ordinance and the process by which it originated (no public input). Mr. Tierney said
that it appears Stephens City is convinced the ordinance is needed and they intend to
proceed. He said that the Planning Department's Planner I, Mike Ruddy, gave a
presentation on other water - related matters, the Chesepeake Bay Preservation Act and
the Potomac River Basin Nutrient Reduction Strategies, and how they may affect
Frederick County.
Comprehensive Plans & Programs Committee (CPPC) - 08/12/96 Mtg.
Mrs. Copenhaver reported that the CPPC is sponsoring a joint Planning
Commission/ Board of Supervisors worksession on Wednesday, August 28, 1996 to
discuss the Route 1 I North Plan.
Historic Resources Advisory Board (HRAB) - 08/20/96 Mtg.
Mr. Morris reported that the HRAB reviewed and informally discussed the
Resource Management Plan for the Kemstown Battlefield. A number of HRAB members
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Design, P.C.), at the School Board offices on Thursday evening, August 15, 1996.
Sanitation Authority (SA) - 08/20/96 Mtg.
Mrs. Copenhaver reported that the SA will begin conducting their regular
meetings on the third Tuesday of each month at 5:30 p.m. at their new administration
building. She reported that the SA has the lowest number of lots designed with no
construction started since 1990 (131 lots); however, the lots under construction are the
highest since 1990. Mrs. Copenhaver added that the Stephens Run Plant is now closed
and Parkins Mill is on line.
Winchester Planning Commission
Mr. DiBenedetto reported that the Winchester City Planning Commission
began their five -year review of the Comprehensive Plan. He said they are also
continuing with their consideration of neighborhoods to be rezoned HRl , in an attempt
to preserve single - family neighborhoods within the City.
PUBLIC HEARINGS
Conditional Use Permit #009 -96 of Kenneth C. Poole, Jr. for an auto repair
business. This property is located at 214 Stony Hill Road and identified with
PIN 28- A -165B in the Gainesboro Magisterial District.
Action - Recommended Approval
Mr. Miller stated that the proposed use is permitted with an approved
conditional use permit. Mr. Miller said that the applicant indicates that this will be a
part-time business. He said that the garage where the work will take place is far enough
from the public road and screened so that it will be barely visible and is not visible from
any adjoining residence. Mr. Miller said that the arrangement of the property in relation
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to a wooded area and available parking is such that if more than five vehicles were
parked there, they would be visible from the public road. He felt that allowing the
proposed use would not appear to present a negative impact to the neighborhood.
Mr. Kenneth C. Poole, Jr., the owner, was available to answer questions
from the Commission.
There were no public comments.
The Planning Commission had no particular issues of concern with the
proposed use.
Upon motion made by Mr. Ellington and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of Conditional Use Permit #009 -96 of Kenneth C.
Poole, Jr. for an auto repair shop with the following conditions:
1) All repair work shall take place entirely within an enclosed structure.
2) All exterior storage of parts and equipment shall be screened from the view of the
surrounding properties by an opaque fence or screen at least five feet in height.
This fence or screen shall be adequately maintained.
3) No more than five vehicles awaiting repair shall be allowed on the property.
4) No inoperative vehicles shall be allowed on the property at any time.
5) All review agency comments shall be complied with at all times.
Conditional Use Permit #010 -96 of Jennifer B. Harris for a Cottage Occupation
for a Tool Sharpening Business. This property is located at 6671 Middle Road
and is identified with PIN 72 -A -76 in the Back Creek Magisterial District.
Action - Recommended Approval
Mr. Miller stated that the proposed use is permitted as a cottage occupation
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with an approved conditional use permit. Mr. Miller said that the building in which the
proposed activity will take place is adjacent to the applicant's residence. He said that
during a site visit on July 18, 1996, he observed a large metal lathe and other materials
being stored outside and he noted a zoning violation, in the form of an inoperative
vehicle, on the property. Mr. Miller explained that Mr. Harris was present during the
visit and was advised that the violation would need to be eliminated prior to starting the
business.
Mr. Clark G. Harris, Jr. and Mrs. Jennifer B. Harris, the owners, were
present to answer questions from the Commission. Mr. Hams said that he will go to the
customer's location and pick up the tools and bring them back to his home for
sharpening. Mrs. Hams said that the inoperable vehicle has been removed from the
property and the lathe has been stored inside.
There were no citizen comments.
No particular areas of concern were raised by the Commission.
Upon motion made by Mr. Marker and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #010 -96 of Jennifer B. Harris for a tool
sharpening business with the following conditions:
1. All work associated with the business shall be conducted inside the existing
structure.
2. No outside storage of machinery associated with the use, materials awaiting
service, or completed work shall be allowed.
3. All review agency comments shall be complied with at all times.
4. If customers are going to be coming to the property for service, VDOT's
commercial entrance requirements must be met.
(Mr. Romine arrived at this point of the meeting.)
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Rezoning Application #004 -96 of Valley Mill Estates to rezone 1.0731 acres from
RA (Rural Areas) to RP (Residential Performance). This property is located north
of Valley Mill Road (Rt. 659), 3/4 mile east of Greenwood Road (Rt. 656), and is
adjacent to Mill Race Estates. The property is identified with PIN 55- A -176B in
the Stonewall District.
Action - Recommended Approval
Mr. Wyatt stated that the property is located within the Urban
Development Area (UDA) and the Sewer and Water Service Area (SWSA). Mr. Wyatt
said that a rezoning for Valley Mill Estates was approved in 1995 and a master
development plan was subsequently approved. Mr. Wyatt explained that when the
applicant proceeded to the subdivision stage, they experienced problems designing the
lots, due to the road location. With that in mind, they decided to add additional acreage
to the lots, shift the road slightly west, and market the lots as larger, wooded lots. Mr.
Wyatt said that the proffer statement submitted states that this additional acreage will
be added to the rear of Lots 14 through 19. He said the proposed rezoning will not
increase the density - -the number of lots would remain the same. The staff felt the
impact of the rezoning would be minimal, if any, because of its incorporation into the
rear of the building lots.
A question was raised by the Commission regarding the length to width
ratio requirement for RP lots. Zoning Administrator, Wayne Miller, stated that the
proposed lots will meet this requirement.
Mr. Tierney said that because the road shifted west slightly, the lots on the
west side of the road will not be quite as deep as they appear to be on the drawing.
Mr. Harold Anderson, partner in the Cameron Group, the property owners,
stated that the addition of the acreage greatly enhances the appearance of the
subdivision.
There were no public comments.
The Commission had no particular areas of concern with the rezoning.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of Rezoning Application # 004 -96 of Valley Mill
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Estates to rezone 1.0731 acres from RP (Residential Performance) to RA (Rural Areas).
(Mr. John Light arrived at this point of the meeting.)
Rezoning Application #005 -96 of Scully, Ltd. to rezone 25,593 (.58 acres) square
feet from BI (Neighborhood Business) to B2 (Business General). This property
is located on the south side of Fairfax Pike (Rt. 277), east of the I -81 /Stephens
City interchange, and identified with PIN 85 -A -148 in the Opequon District.
Action - Recommended Approval
Mr. Wyatt said that the property is within the boundaries of the Urban
Development Area (UDA) and the Sewer and Water Service Area (SWSA) and is
consistent with the Comprehensive Plan's Idealized Interchange Development Pattern.
He stated that the property currently contains a bank, the ACE Hardware Plaza, and a
seasonal ice cream stand. Mr. Wyatt stated that the applicant has proffered out specific
B2 uses, including used car sales, car washes, churches, hotels, motels, golf courses, and
driving ranges; has proffered to offset the negative impact to the emergency services
system through a monetary contribution which is consistent with the County's Impact
Model; and finally, the applicant has proffered that any development within the rezoned
portion of this property will utilize the existing commercial entrance on Fairfax Pike for
ingress and egress.
Mr. Thomas G. Scully, Jr., President of Scully Ltd., the owner of the
property, was available to answer questions from the Commission.
There were no public comments.
Planning Commissioners were concerned about adding yet another use in
this area, which was already overcrowded with business establishments, and how the
proper traffic flow would be achieved to accommodate all the uses. It was pointed out
that this area was already heavily congested with traffic due to the I -81/ Route 277
interchange and the many established B1 and 132 uses. Considerable site planning
questions were raised.
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The staff pointed out that the property will have a dual zoning
classification, B1 and B2, and will have a shared parking lot. It was noted that there was
no buffer requirement between B 1 and B2 and the property was located in the Interstate
Area Overlay District for sign height.
Members of the Commission stated that the proposed use was certainly
appropriate for this area because neighboring properties had similar rezoning. It was also
noted that negotiations were underway that may allow the development of a Taco Bell
that would replace the existing Packs Ice -Cream stand, therefore, the amount of traffic
may not increase over that experienced during the summer months. The Planning
Commission was very much interested in being involved with the site development plan
for this project.
Upon motion made by Mr. Ours and seconded by Mr. Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
recommend approval of Rezoning Application #005 -96 of Scully, Ltd. to rezone 25,593
(.58 ac.) square feet from B1 (Neighborhood Business) to B2 (Business General) with
the provision that the site development plan be reviewed by the Planning Commission.
This approval was by the following majority vote:
YES (TO APPROVE) DeHaven, Wilson, Romine, Morris, Ours, Ellington, Copenhaver,
Stone, Marker
NO: Thomas
ABSTAIN Light
OTHF.R
Discussion Regarding a Proposed Amendment to the Frederick County Planning
Commission Bylaws to Establish New Standards for Tabling Procedures.
Mr. Wyatt presented the proposed tabling procedures, Section 9 -3 -9 of the
Planning Commission's Bylaws, and Section 165 -10 from Article II, Amendments, of the
Code of Frederick County for discussion. Mr. Wyatt stated that the proposed
amendment creates two changes from the current procedures - -it sets specific standards
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for when the Commission is allowed to table applications and it limits the applicant's
ability to table an application to one time only.
Mr. Wyatt said that during discussion of this matter at the Commission's
July 17 meeting, the primary goal was to limit the applicant's ability to table an agenda
item to one time only. He said that the Commission wanted it to be specifically clear
to the applicant that if tabling was requested, the Planning Commission was committed
to action within a 90 -day period; or, if the applicant needed additional time, the
applicant could request a waiver of the 90 -day action.
The Planning Commission felt that the proposed revisions would protect
the citizenry by preventing an application from being drawn out over numerous
meetings, however, it would not change the prerogatives of the Commission.
Upon motion made by Mr. Ellington and seconded by Mr. Marker, the
Planning Commission voted unanimously in favor of the proposed amendments to the
bylaws and scheduled this for final action at their October 2, 1996 meeting.
Status of the Route 11 North Study
Mr. Tierney stated that the Comprehensive Plans & Programs Committee
(CPPQ sponsored a public meeting on July 16, 1996 at the Ruritan Building to present
the concepts contained in, and to receive comment on, the draft land use plan for the
Route 1 1 Study Area. He said that there were over 100 people in attendance and
reaction to the proposed plan was mixed. Mr. Tierney said that the staff has drafted
text to accompany the land use map and this text was discussed by the CPPC and
forwarded to the Commission. Mr. Tierney said that a worksession has been scheduled
with the Board of Supervisors for next week, August 28, 1996.
Members of the Commission questioned the Sanitation Authority's
involvement in this project, since water and sewer are being discussed. Mr. Tierney
explained that the CPPC first wanted to address the proper "land uses" in this area, with
the knowledge that it is at least feasible to sewer the area, and the issue of who pays for
the sewer would be the next question to answer.
Members of the Commission suggested that Wellington H. Jones, the
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Engineer/Director of the Sanitation Authority, Dr. Ned M. Cleland, Chairman of the
Sanitation Authority and member of the Winchester - Frederick Service Authority, and
June H. Wilmot, Winchester - Frederick County Economic Development Coordinator, be
invited to attend the August 28 worksession with the Board.
Greenwood Road Subdivision Application #007 -96 to subdivide a 2.837 acre
tract into five lots for single - family residences. This property is located on the
west side of Greenwood Road (Rt. 656), approximately 1,400' north of the
Senseny Road (Rt. 657) intersection, and identified with PINs 55 -A -191 and 55-
A -193 in the Shawnee Magisterial District.
Action - Recommended Approval
Mr. Miller stated that the proposed lots as presented by the plats meet the
ordinance dimensional requirements and the proposed shared driveways for Lots 2 & 3
and 4 & 5 will keep the number of driveways entering onto Greenwood Road to a
minimum. Mr. Miller said that since the proposal falls within the limits of the
Greenwood Road Reconstruction Project, the proposed lots could potentially be affected
by that road project. Mr. Miller said that the County Engineer has requested additional
actions to address stormwater management and has also requested that a site plan be
submitted for Lot 1. He said that the staff concurs with these requirements.
Mr. James Petry, the developer, was present to represent the application.
Members of the Commission had questions on potential impacts to the
proposed lots by the Greenwood Road Construction Project. Mr. Petry felt it was
unlikely that these lots would be affected. He said that the Greenwood Road Project was
taking place on the opposite side of the road, further north.
There were no citizen comments.
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 the Greenwood Road Subdivision Application
#007 -96 to subdivide a 2.837 tract into five lots for single family residences with the
condition that all review agency comments be complied with prior to any construction
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on these properties.
ADIOURNMENT
There being no further business to discuss, the meeting adjourned at 8:40
p.m. by unanimous vote.
Respectfully submitted,
Kiis C. Tiern , I rim P irector
Charles S. DeHaven, Jr., Chairm n
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