PC_07-07-93_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
July 7, 1993.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; S. Blaine Wilson, Shawnee
District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall
District; Ronald W. Carper, Gainesboro District; Robert Morris, Shawnee
District; John H. Light, Stonewall District; George L. Routine, Citizen at Large;
and Beverly Sherwood, Board Liaison.
ABSENT: Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro
District
Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne
Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES - MAY 19 1993
Upon motion made by Mr. Marker and seconded by Mr. Wilson, the minutes of
May 19, 1993 were unanimously approved as presented.
MINUTES - JUNE 16 1993
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of
June 16, 1993 were unanimously approved as presented.
BIMONTHLY AND MONTHLY REPORTS
Chairman Golladay accepted the Monthly and Bimonthly Reports for the
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Commission's information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CP &PS)
Mr. Tierney reported that the CP &PS will have a public meeting on Monday
evening, July 12, at 7:30 p.m. at the Senseny Road Elementary School to discuss corridor plans
for Route 7 and Route 50.
Development Review & Regulations Subcommittee (DR &RS) - 6/22/93
Mr. Thomas reported that the Subcommittee discussed ways of considering an
entire area for density in growth instead of individual developments standing on their own, which
causes problems with infrastructure and surrounding areas. He said that they are also considering
ways to encourage mixed development in the RA District.
Economic Development Commission (EDC)
Mr. Romine said that a presentation was given concerning small business centers.
He added that the traffic light installed on Route 11 at the industrial park has not helped Cives
Steel's problem and VDOT is being contacted about the situation.
Stephens City /Frederick County Joint Planning_ Committee - 6/21/93
Mr. Tierney reported that the committee went over the meeting format for their
July 26 meeting at Aylor School at 7:30 p.m.
SUBDIVISIONS
Subdivision Application #003 -93 of the Prince Frederick Office Park for one lot plus
Prince Frederick Drive. This property is identified as PIN #64 -A -89 and is located south
of the intersection of Route 50 (Millwood Pike) and Prince Frederick Drive in the
Shawnee District.
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Action - Approved
Mr. Thomas abstained from voting and discussion of this application due to a
possible conflict of interest.
Mr. Miller stated that the proposed subdivision was for the establishment of Prince
Frederick Drive, which will be the entrance from Route 50 (Millwood Pike) running southeast
into the Prince Frederick Office Park, and for the lot where the new Corp of Engineers building
is to be located. He said that the plats show a 60' right -of -way along the G. W. Motors
property, however, the applicant is attempting to acquire an additional 20' to add to that right -of-
way. (The approved MDP shows a 60' right -of -way.)
Mr. H. Bruce Edens, project engineer with Greenway Engineering & Surveying
Company, introduced himself and Mr. James McIlvaine and Mr. Thomas Dickinson, the owners.
Mr. Dickinson said that both he and Mr. Mcllvaine are making every effort to obtain the
additional 20' strip, but cannot absolutely guarantee that this will happen. He said that they are
able to get a full- width, four -lane access, however, within the existing 60' right -of -way, and this
design has been approved by VDOT.
The Commissioners did not feel that it was necessary to require the applicant to
obtain an additional 20' of right -of -way, since their initial intent was for the applicant to provide
a four -lane access; however, they felt it would be beneficial for the applicant to pursue
acquisition of the extra 20' to handle future improvements and to make the access aesthetically
appealing.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve
Subdivision Application #003 -93 of Prince Frederick Office Park for one lot plus Prince
Frederick Drive and requests that the applicant make every attempt to acquire an additional 20'
strip to establish an 80' right -of -way along the G. W. Motors property. (Mr. Thomas abstained)
MASTER DEVELOPMENT PLANS
Master Development Plan #005 -93 of Greenwood Road Realty Partnership for 88 single -
family detached traditional residential lots on 40 acres zoned RP. This property is
identified as PIN #55- A -184A and 55- A -184D and is located on the east side of Route 656
(Greenwood Road), 1/2 mile north of Route 657 (Senseny Road) in the Stonewall
District.
Action - Approved
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Mr. H. Bruce Edens, project engineer with Greenway Engineering & Surveying
Company, Inc., said that this proposed MDP has been revised since their informal discussion
with the Planning Commission on March 3, 1993. He said that the revision includes additional
contiguous RP -zoned property that they own. The original plan called for 21 single- family
cluster lots and the revised plan proposes 88 single - family detached traditional lots.
Mr. Edens added that at the County Engineer's request, they are attempting to
acquire an easement across the adjoining property in order to establish one regional detention
basin instead of two.
Mr. Thomas inquired if the connector roads shown on the MDP lined up with
existing roads on adjacent properties. Mr. Edens replied that they line up as nearly as possible
with streets in Carlisle Heights, however, there is a vacant property between this proposal and
Carlisle Heights.
The Commissioners discussed the accuracy of the MDP in relation to the amount
of environmental area being disturbed. It appeared that the applicant had accounted for only
those environmental areas disturbed by the road construction and not areas disturbed by the
installation of sewer lines, the sewage pumping station, or the creation of stormwater
management facilities. There was also some concern that in general, preparers of MDPs needed
to be more accurate in accounting for the actual amounts of environmental areas being disturbed
by roads or facilities.
Upon motion made by Mr. Light and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Master Development Plan #005 -93 of Greenwood Partnership Realty for 88 single -
family traditional lots, provided that the applicant receives approval from all review agencies for
the revised MDP and addresses all comments and concerns of the staff and the Planning
Commission.
YES (TO APPROVE): Morris, Romine, DeHaven, Golladay, Marker, Carper, Light, Wilson
NO: Thomas
PUBLIC HEARINGS
Conditional Use Permit #002 -93 of Ryland Homes for an off - premise business sign. This
property is identified as PIN 75000OA0000370 and is located on the west side of Route
647 (Aylor Road) at the intersection of Westmoreland Drive in the Opequon District.
Action - Approved
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Staff noted that this application was previously approved by the Commission.
Prior to the Board of Supervisors' public hearing, it was discovered that one adjoining property
owner had not been notified and the applicant was required to resubmit a corrected application.
Ms. Michele Busby, Sales Representative for Ryland Homes, was present to
represent this application.
Chairman Golladay said that he had received comments from neighbors about yard
sale signs being posted on the Ryland Homes' sign. Chairman Golladay asked the applicant to
either not allow the yard sale signs or at least remove them at the end of the day because the
weather deteriorates them and they litter the area.
There were no public comments.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #002 -93 of Ryland Homes for an off - premise business sign with
the following condition:
The sign shall meet all the requirements of the Frederick County Zoning Ordinance and
the Code of Virginia.
Conditional Use Permit #006 -93 of the Independent Order of Odd Fellows for a private
fraternity lodge. This property is identified with PIN 62 -A -13 and is located on the
southwest side of Route 620 (Miller Road) in the Back Creek District.
Action - Withdrawn
Mr. George Johnston, member of the Independent Order of Odd Fellows, was
representing this application. Mr. Johnston said that the Independent Order of Odd Fellows are
interested in moving out of their current location because of antiquated facilities. Mr. Johnston
explained his lodge's intentions for the new location.
The Commissioners had concerns about buffers, lighting, and the preservation of
the historic June Bageant residence located on the property. It was noted that a site plan would
be required for the construction of recreational facilities on the property.
Chairman Golladay called for public comment and the following persons came
forward to speak:
Mrs. Virginia Speck Kerns, resident of the Opequon area, felt that the construction
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of a private fraternity lodge with a soccer field, baseball diamond, basketball court, tennis court,
and large fishing pond was not the best use for the Bageant property. Mrs. Speck Kerns had
concerns about noise, lights, and the possible wetland destruction around the Opequon Creek.
She was also opposed to damming of the Opequon Creek for construction of the proposed fishing
pond. Mrs. Speck Kerns added that the Bageant property was within a limestone belt and should
be preserved for agriculture.
Mr. Robert B. Groundwater, adjoining property owner at 214 Miller Road, stated
that Opequon is a quiet, residential community comprised of single - family homes, several of
which have historical significance. Mr. Groundwater felt this was not an appropriate setting for
a fraternal lodge.
Ms. Mary Louise Byrd, adjoining property owner, was in opposition to the Odd
Fellows organization being located next to her because of the type of activities they are planning
for the property.
Ms. Winifred Anne Crew, adjoining property owner, was opposed to the proposed
recreational activities because of the noise that would be generated. Mrs. Crew felt that the June
Bageant residence should be restored and preserved.
Mr. James E. Linaburg, adjoining property owner, also disapproved of granting
the conditional use permit.
Mr. George Johnston returned to the podium and said that the Odd Fellows are
very sensitive to the neighbors' wishes and because there was such significant community
opposition, he would withdraw the application on behalf of the Odd Fellows.
Upon motion made by Mr. Morris and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby accept the
withdrawal of Conditional Use Permit #006 -93 of the Independent Order of Odd Fellows for a
private fraternity lodge.
(Mr. Marker abstained.)
Conditional Use Permit #008 -93 of Thomas A. Jannuzzi for a Cottage Occupation for an
Adult Care Facility_ This property is identified as PIN #31 -A -11B and is located off of
Route 715 (Little Mountain Church Road) in the Cedar Grove area.
Action - Denied
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Mr. Wayne Miller stated that a letter to the applicant from the Health Department
stated that Mr. Jannuzzi's approved health permit would allow only four full -time residents plus
two owners with the condition that water - saving plumbing fixtures are installed. The letter
further stated that if additional soil suitability tests are performed and an additional 100' field
drain is installed, the installation could be approved for five residents. Mr. Miller said that the
applicant has advised that he intends to carry through with this to obtain authorization for five
patients if possible. Failing this, he understands he will be restricted to four patients.
Mr. Thomas Jannuzzi, the applicant, said that when full capacity is reached in
approximately one to two years, a total of five adults in addition to himself and his wife, will
occupy the facility, plus he will have a part -time helper. He said that a 2300 -2400 square foot
cape cod house will be constructed.
Chairman Golladay called for public comment and the following persons came
forward:
Mrs. Leona L. Kirk, adjoining property owner, felt this location was inappropriate
for adult care facilities because emergency vehicles would have problems accessing the house
during heavy snows in winter. She said that the road is sometimes closed for two to three days,
due to snow. Mrs. Kirk added that she sold this property to Mr. Jannuzzi and at that time, he
said that the property would be used solely as a residence. She said that she also gave Mr.
Jannuzzi a 20' right -of -way between the church parking lot and her home for access to his house.
Mr. Louis J. McGuines, adjoining property owner, said that his log home was
Thomas Lord Fairfax's old hunting lodge. Mr. McGuines said that he and his wife are in the
process of improving the log home for their full -time residence and they felt the proposed adult
care facility would depreciate the value of the historical property. He also had concerns about
potential drainage problems and he thought the close proximity of his pond would be a safety
hazard. Mr. McGuines also felt that the applicant did not post the required sign (notifying the
public of the proposed CUP) soon enough or in a location where it could be seen by most of the
people in the community. Mr. McGuines added that he had permission to speak for Mr. and
Mrs. Robert Moss, Mr. and Mrs. Edward Place, and Mrs. Jacqueline Fishel, all of the Cedar
Grove Community, and they were opposed to the conditional use permit.
Mr. Freemont Place, grounds keeper at Mr. McGuines's historic property, stated
that the pond is 3' to 15' deep and Mr. McGuiness could be liable if an accident occurred. He
felt that Mr. Jannuzzi's facility could devalue Mr. McGuines's historic property. Mr. Place also
felt that the sign was not posted early enough nor was it placed in the best location.
The Commissioners noted that the both the Fire Marshal and VDOT approved the
20' right -of -way as being accessible. They also noted that with five adults, Mr. Jannuzzi would
be licensed by the state and monitored by the Social Services Department. However, various
concerns were expressed by Commission members, such as, was the road access private and did
Mr. Jannuzzi have an easement to use it; was the sign posted properly; did the pond present a
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significant safety hazard; and would fencing the area secure it or make it look more obvious to
the neighbors. They noted that Mr. Jannuzzi's house was not yet built, but the neighbors have
already been established. In light of these concerns and because of the significant opposition
from the adjoining property owners, most of the Commissioners felt it would be best if Mr.
Jannuzzi started his facility with three adults, which would be allowed without a permit, and later
on expand if things went well with the neighbors.
Mr. Robert Morris made a motion to approve the conditional use permit. The
motion was seconded by Mr. Romine, but failed by the following vote:
YES (TO APPROVE): Morris, Routine
NO: Thomas, Wilson, DeHaven, Marker, Carper, Light, Golladay
A motion was then made by Mr. Carper and seconded by Mr. Wilson to deny the
conditional use permit based on the concerns mentioned above. This motion was approved by
the following vote:
YES (TO DENY): Light, Carper, Marker, DeHaven, Wilson, Thomas, Golladay
NO: Routine, Morris
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend
denial of Conditional Use Permit #008 -93 of Thomas A. Jannuzzi for a Cottage Occupation for
an Adult Care Facility off of Route 715 (Little Mountain Chruch Road) in the Cedar Grove area.
Rezoning Application #001 -93 of Dodson Brothers Extermination Company to rezone
2.0581 acres from RP (Residential Performance) to B2 (Business General)- This property
is identified as PIN 63 -A -112 and is located north and adjacent to Shawnee Drive, east
of the Route 11 (Valley Pike) /Route 652 (Shawnee Drive) intersection in the Shawnee
Magisterial District_
Action - Approved
The staff felt that given that the location of the parcel was in an area of transition
from residential to business, the level nature of the parcel, the availability of sewer and water,
and the relatively minor impacts of the proposed use compared to possible residential
development, the site seemed well suited for B2 zoning.
Mr. Charles W. Maddox, Jr., P.E., with G. W. Clifford & Associates, was the
representative for this rezoning application. Mr. Maddox showed slides of the area and answered
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questions from the Commission.
Commissioners had concerns on the distance of the building to the floodplain and
possible pesticide pollution, especially to Hogue Creek, in a flood or fire situation.
Mr. Eric Smith, Ph.D, Entomology, with Dodson Brothers Exterminating
Company, Inc., said that their business and personnel are regulated by the Department of
Agriculture's Division of Pesticides and Consumer Services. He said that minimal amounts of
pesticide are stored at the facility- -it is not a warehouse and there are no retail sales. Mr. Smith
said that all the pesticides they use degrade within a few days when exposed to sunlight.
Everything is packaged in one and two gallon sealed shipping containers and there will be no
downsizing of packaging materials. In a flood situation, those containers would stay intact. Mr.
Smith said that they will cooperate with the local fire departments and upon request will supply
them with material safety data sheets for everything they have; however, normally, this is not
a problem because of the small quantities on hand and the kind of materials used.
The Commissioners recognized the fact that the use of this area had changed over
the last several years from residential to business. They also felt their concerns on possible
pesticide pollution in a flood or fire situation were adequately addressed.
Upon motion made by Mr. Marker and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend
approval of Rezoning Application #001 -93 of Dodson Brothers Extermination Company, Inc. to
rezone 2.0581 acres from RP (Residential Performance) to B2 (Business General) contingent
upon satisfactory resolution of all review agency, staff, and Planning Commission comments.
(Mr. Wilson abstained from vote.)
An amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article
XX, Definitions. The proposed amendments pertain to definitions for inoperable vehicles
and mobile homes.
Action - Approved
The staff presented proposed amendments regarding definitions for inoperable
motor vehicles and mobile homes. It was noted that the definitions closely paralleled language
in the Code of Virginia as requested by the Commission. The staff noted that the definitions
were determined to be acceptable to the Commonwealth Attorney's Office.
There were no citizen comments.
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Upon motion made by Mr. Marker and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the following definitions:
Inoperable Motor Vehicle - Any motor vehicle which is not in operating condition, or any
vehicle which has been partially or totally disassembled by the removal of tires and wheels, the
engine, or other essential parts required for operation of the vehicle or on which there are
displayed neither valid license plates nor a valid inspection decal.
Mobile Home - A structure, transportable in one (1) or more sections, which in travel mode is
eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected
on site, is three hundred twenty (320) or more square feet and which is built in a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities.
OTHER
PLANNING COMMISSION BYLAWS
Action - Approved
Upon motion made by Mr. Romine and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the Planning Commission Bylaws as presented by the staff and reviewed by the
Commonwealth Attorney's Office.
THE 1993 -1994 SECONDARY ROAD CONSTRUCTION BUDGET
Action - Approved
Staff noted that major improvement items for the upcoming year include budgeting
for the reconstruction of Welltown Pike, Greenwood Road, and Hayfield Road.
The Planning Commission recognized the significance that this budget will play
in the improvement to Welltown Road (Route 661).
Upon motion made by Mr. Carper and seconded by Mr. Light,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the Frederick County portion of the 1993 -1994 Staunton District
Secondary Construction Budget as presented by the staff.
DISCUSSION REGARDING THE VIRGINIA GROWTH STRATEGIES ACT
The Commission agreed that since this was a fairly detailed item, they would study
the material and discuss it at their next meeting.
CALL TO FORM A LOCAL TASK FORCE TO DEVELOP A PRESERVATION PLAN
FOR CIVIL WAR SITES
Chairman Golladay said that a task force is being organized to develop a
preservation plan for civil war sites in the area. He said that representation is being requested
from various groups, including the Planning Commission. Chairman Golladay asked for
interested Commissioners to contact him.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:25
p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
W. Golladay, Jr.,
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