PC_06-07-95_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
June 7, 1995. I,
PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr.,
Chairman/ Stonewall District; John R. Marker, Vice Chairman /Back Creek
District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek
District; Terry Stone, Gainesboro District; S. Blaine Wilson, Shawnee District;
Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District,
Opequon District; Roger L. Thomas, Opequon District; Robert M. Sager, Board
Liaison; and Jay Cook, Legal Counsel.
ABSENT: Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; and
Vincent DiBenedetto, Winchester City Liaison.
Planning Staff present: Robert W. Watkins, Director and Secretary; W. Wayne
Miller, Zoning Administrator; 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.
MINUTES - MEETING OF MAY 3 1995
Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, the
meeting minutes of May 3, 1995 were unanimously approved as presented.
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BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Battlefield Task Force
Mr. Watkins announced a workession, sponsored by the Battlefield Task Force,
to be held on June 22 at 7:30 p.m. at the School Board Offices with the County and City Boards,
Commissions, and Councils, and the HRAB, to receive input on their proposed overall plan and
strategy for battlefields. Mr. Watkins said that the BTF is encouraging everyone to attend.
SUBDIVISIONS
Subdivision Application #004 -95 of Sue Yost to subdivide 7.78 acres, located at the
intersection of North Frederick Pike (Rt. 522) and Cumberland Trail Road (Rt. 694), and
identified with PIN 06 -A -751 in the Gainesboro District.
Action - Approved with Condition
Mr. Miller said that there was no master development plan for this site and waiver
of the master plan requirement is recommended by the staff. Mr. Miller said that the parcel
being divided from the larger tract is zoned B2 and the larger, remaining parcel is zoned RA.
He said that the larger, remaining parcel has frontage on both North Frederick Pike (Rt.522) and
Cumberland Trail Road (Rt. 694). He said that the frontage on Cumberland Trail Road is only
80' in width. Mr. Miller explained that this will not allow further division of the remaining
parcel utilizing only the Cumberland Trail Road frontage since the 250' width at the front
setback line cannot be complied with. Mr. Miller added that the staff is recommending that a
note be placed on the plat to reflect this restriction.
Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, the consulting
engineers, said that they have no objections to placing a note on the plat as suggested by the
staff. Mr. Gyurisin pointed out that the plat essentially follows the existing zoning district
boundaries between the B2 and RA Zones.
There were no other issues of concern raised by the Commission.
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Upon motion made by Mr. Stone and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #004 -95 of Sue C. Yost contingent that a note be placed on the
final plat to reflect that further division is not possible due to road frontage requirements. The
Commission also waives the master development plan requirement for this subdivision.
Subdivision Application #005 -95 of Lenoir City Company of Virginia_ This property is
located at the intersection of McGhee Road and Kentmere Road in the Stonewall
Industrial Park and is identified as P.I.N. 43 -19 -1 in the Gainesboro District.
Action - Approved
Mr. Miller said that there is an approved master development plan for the
Stonewall Industrial Park where this lot is located. Mr. Miller said that Kentmere Court, which
runs along the northwest side of this property, is built but not yet dedicated. He said that there
are no known obstacles to the subdivision of this property.
Mr. Thomas Gilpin, with Lenoir City Company of Virginia, was present to answer
questions from the Commission.
There were no issues of concern raised by the Commission.
Upon motion made by Mr. Light and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #005 -95 of Lenoir City Company of Virginia as presented.
Subdivision Application #006 -95 of RT &T Partnership to subdivide one 2.380706 acre
parcel off the larger 29.6 acre tract. This property is located on Valley Pike (Rt_ 11
South), approximately .5 miles south of the intersection of Route 37 and Valley Mill
Pike, and is identified with P.I.N. 75 -A -2D in the Back Creek District.
Action - Approved
Mr. Miller stated that there was an approved master development plan for this site.
He said that the slope of the land on this property clearly indicates a need for very careful storm
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water management and control. He said that V DOT's comments indicated that a detention basin
may be required on Lot 1 to reduce drainage impacts to Route 11 and that entrance design and
drainage features on Prosperity Drive must meet VDOT's requirements, if it is to be eligible for
addition into the State's Secondary System. Mr. Miller added that the County Engineer has
suggested that consideration be given to regional stormwater management rather than on -site
detention.
Mr. Morris said that he was concerned about the number of entrances onto Route
IL, for what is obviously needed for industrial or business development. He said that in light
of this particular tract bordering on the railroad, he felt there was a potential for quite a bit of
heavy traffic entering onto Route 11 at multiple locations, all trying to get to either 1 -81 or 37.
Mr. Miller said that VDOT has a distance requirement between entrances on Route
11. He said that the distance requirements have obviously been met, since VDOT did not have
any objections.
Mr. Thomas Baker, a partner in RT &T Partnership, was present to answer
questions from the Commission.
The Commission felt there were no problems with allowing the requested
subdivision as long as all the reviewing agency requirements were met. It was noted that the
regional stormwater management will be handled at the site plan stage by the County Engineer
and VDOT.
Mr. Wilson said that he would abstain from voting on this matter due to a possible
conflict of interest.
Upon motion made by Mr. Marker and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #006 -95 of RT &T Partnership to subdivide 29.6 acres with the
requirement that all review agency comments are complied with.
(Mr. Wilson abstained from voting.)
REVISED REQUEST BY COVENTRY COURTS FOR AN EXEMPTION FROM THE
SUBDIVISION ORDINANCE REQUIREMENTS FOR CURBS GUTTERS &
SIDEWALKS
Action - Denied
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Mr. Tierney said that at the Commission's May 3 meeting, a revision to the
Coventry Courts master plan and a request for an exemption from the sidewalk requirements was
discussed. Mr. Tierney said that the staff s recommendation was that the exception was not
warranted and no hardship existed and the Commission concurred with that recommendation.
Mr. Tierney stated that the request went to the Board of Supervisors, however, it was somewhat
modified to place curb and gutter along both sides of Farmington Boulevard and a sidewalk along
only one side. Mr. Tierney said that the ordinance requires sidewalks on both sides of the
collector, however, it would not have required the curb and gutter. Mr. Tierney stated that the
applicant was also proposing to put a wider pavement section along the cul -de -sac to serve as a
bike /pedestrian path, as opposed to the required sidewalks. He said that in light of the changes
from what the Commission had seen, the Board referred the plan back to the Commission.
Mr. Tierney said that the staff has had discussions with the applicant and their
representatives and currently, the proposal has changed somewhat again. Mr. Tierney said that
the applicant is now willing to put sidewalks and curb and gutter on both sides of Farmington
Boulevard, but rather than an exemption to the sidewalk requirements along the cul -de -sac, they
are requesting that they be allowed to put in an alternative to sidewalks - -a trail system along the
western edge of the property. He explained that this alternative is permitted by the ordinance
with approval by the Planning Commission. Mr. Tierney said that Abrams Point development,
which has an approved MDP with a trail system, adjoins this project along its entire western
edge. He explained that the Coventry Courts trail system would tie into Abrams Point's trail
system. Mr. Tierney said that the staff feels this is a fairly reasonable proposal and recommends
approval. I
Mr. Watkins clarified the requirements in the subdivision ordinance that, if all the
lots are over 12,000 sq. ft., curb and gutter is not required; however, in order to eliminate
sidewalks, the lots have to be over 15,000 sq.ft. He said that there is an area between 12,000
and 15,000 sq. ft. where you are required to have sidewalks, but not curb and gutter.
I
Mr. Charles W. Maddox, Jr., with G.W. Clifford & Associates, the consulting
engineers, came forward to represent the owner and applicant, Mrs. Elaine Longerbeam. Mr.
Maddox explained that there was a high infrastructure cost associated with this development and
he reminded the Commission of the bridge that is required to be built across the stream as part
of this 34 -lot development. Mr. Maddox asked the Commission to exercise their discretion in
not requiring an urban -type street sidewalk system for the cul -de -sac, but in light of some of the
issues involved, that the Commission accept their proposal for a trail system that tied into a
larger, overall plan of open space utilization.
Chairman DeHaven called for public comment and the following person came
forward:
Mrs. Betty Winslow stated that she would like the Commission to vote in favor
of curbs, gutters, and sidewalks for the entire subdivision because of the small lot size and to
make the subdivision more attractive for the community and Frederick County. Mrs. Winslow
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said that the trail connection that Mr. Maddox referred to is consistently used now for dirt bikes.
After discussion with Mr. Maddox, the Commissioners determined that the trail
system proposed would not be developed throughout Coventry Courts subdivision (would not
contact the rear property lines on the western side or the cul -de -sac itself), but involved only a
connection from Harold Court to the proposed trail system for Abrams Point. It would also
extend out to Greenwood Road to access the proposed sidewalk along Greenwood Road.
Commissioners pointed out that even though Greenwood Road is on the Six Year Secondary
Road Plan and VDOT has stated that they would be interested in putting sidewalks along
Greenwood Road, the County had no guarantee of when the road or the sidewalks would be
constructed.
Commissioners also noted that while the cost of the infrastructure may be initially
high in a curb, gutter, and sidewalk development, they seem to sell well and are able to pay for
themselves. They also noted that granting this exemption may set a precedence in other
developments with cul -de -sac roads.
Upon motion made by Mr. Thomas and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby encourage
the developer of Coventry Courts to comply with the Subdivision Ordinance and provide curbs,
gutters, and sidewalks, and denies the request for an exemption in lieu of a trail system.
The vote on this request was as follows:
YES (TO DENY THE EXEMPTION REQUEST IN LIEU OF A TRAIL SYSTEM):
Light, Copenhaver, Marker, Wilson, Thomas, Morris, DeHaven
NO_ Stone, Shickle
(Mr. Ours and Mr. Romine were absent.)
PUBLIC HEARINGS:
Proposed Amendment to the Frederick County Code, Chapter 165, Zoning, Article XV,
Historic Area Overlay Zone, Section 165 -114, General Regulations
Action - Tabled for 90 Days
Mr. Tierney said that subsequent to advertising these amendments, the staff came
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to the conclusion that in addition to recommended guidelines for commercial construction in
historic districts, it would probably be appropriate to also address residential construction and
in particular, potential multi - family dwellings. Mr. Tierney asked that the Planning Commission
table consideration of this amendment until the staff could revise it to encompass residential
construction as well.
Mr. Morris, a member of the HRAB, said that a certain amount of ambiguity was
deliberately placed in these ordinances and the purpose in doing this was to allow free - thinkers
and architects the opportunity to have tools to work with in a novel way. He said that rather
than tell them what color, size, or shape, we wanted to place an intent and allow the architects
some freedom through ambiguity in the ordinance to carry out the intent.
Upon motion made by Mr. Light and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
table for 90 days consideration of the proposed amendment to the Frederick County Code,
Chapter 165, Zoning, Article XV, Historic Area Overlay Zone, Section 165 -114, General
Regulations, in order for the staff to include guidelines for residential development as well as
commercial development.
Conditional Use Permit #005 -95 of Roy M. White for a cottage occupation for
woodworking and furniture production. This property is located at 955 Round Hill Road
(Rt. 803) and is identified with PIN 52 -A -140 in the Back Creek District_
Action - Recommended Approval with Conditions
Mr. Miller said that this request can be considered as a cottage occupation since
the applicant intends to live in the structure where he wants to conduct the woodworking and
furniture- making business. He said that the structure was previously used as a combination
residence and country store. Mr. Miller stated that the applicant has advised him that the Health
Department approved a new well site and that he intends to have a new well drilled so that he
has an adequate and reliable water supply.
Mr. Miller said that this site has high visibility along Round Hill Road and it is
important that materials associated with this business not be allowed in an outside storage area.
He said that if properly controlled, this business should not have a significant impact on the
neighborhood, since its location is a considerable distance from any other residence.
Commissioners asked if there were any old fuel storage tanks in the area.
Mr. Roy M. White, the owner and applicant, said that the fuel tanks were
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removed last July. Mr. White said that they were inspected by a federal monitoring agency and
all requirements were complied with. He said that the comment from VDOT is in reference to
the hole that was left when the tanks were removed. Mr. White explained that the hole was
filled with gravel, but will need to be patched.
Chairman DeHaven called for public comments and the following person came
forward to speak:
Mr. Charles A. Suit, Jr., adjoining property owner, said that he was not in
opposition as long as there would be no work from 12:00 midnight to 6:00 a.m.
The Planning Commission recommended that a condition of the permit be added
limiting the hours of operation from 6:00 a.m. until 10:00 p.m. and this was acceptable to the
applicant and the adjoining neighbor. No other concerns were raised.
Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #005 -95 of Roy M. White for a cottage
occupation for woodworking and furniture production with the following conditions:
1. All review agency comments shall be complied with at all times
2. No open outside storage is permitted unless screened, in accordance with the Frederick
County Zoning Ordinance.
3. All work shall be accomplished inside of the completely enclosed building.
4. Prevent any dust or noise pollution from emanating into the neighborhood.
5. Hours of operation shall be limited to between 6:00 a.m, and 10:00 p.m.
Rezoning Application #002 -95 of the Frederick County Sanitation Authority to rezone
3.4087 acres from RA (Rural Areas) to B2 (Business General) District. This property is
located on Macedonia Church Road (Rt. 642) approximately 1,800' from the intersection
of Route 37 and is identified with PIN 75 -1 -A in the Shawnee District.
Action - Recommended Approval
Mr. Tierney said that this is a request on the part of the Frederick County
Sanitation Authority to rezone property for their new proposed headquarters. He said that the
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property is located within the Urban Development Area and is in close proximity to an 1 -81
interchange area. He explained that the parcel is adjoined on two sides by B2 Zoning and is the
site of the recently constructed water storage tank. Mr. Tierney stated that the Sanitation
Authority proposes to construct three buildings on the site, totaling under 10,000 square feet and
the anticipated trip generation would be a fraction of the potential maximum for B2 Zoning.
Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, the consulting
engineers, said that this proposal is in conformance with the master development plan that was
submitted when the water storage tank was constructed.
Commissioners had questions on the number of entrances proposed for Route 642
and whether or not a deceleration lane was planned. Mr. Maddox replied that only one entrance
on Route 642 was proposed. He noted that the traffic generation would be light, as there would
only be 30 -50 employees. He said that they are proposing a right -lane turn -in transition so that
people can slow down and get off the road before they turn.
There were no citizen comments.
The Commission felt that given the adjoining zoning, the location of the parcel,
and the proposed use, potential negative impacts of the proposed rezoning would be minimal.
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 Rezoning Application #002 -95 of the Frederick County Sanitation
Authority to rezone 3.4087 acres from RA (Rural Areas) to B2 (Business General) District.
CANCELLATION OF JUNE 23 MEETING
Mr. Watkins said that there are no pending items for the Commission's June 23
meeting. Upon motion made by Mr. Light and seconded by Mr. Stone, the Commission
unanimously agreed to cancel their June 23 meeting.
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ADJOURNMENT
No other business remained to be discussed and the meeting adjourned at 8:30
p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
Charles S. DeHaven, Jr., Chairman
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